issue-1996-02-13•Federal Register final rules — 1996-02-13
Federal Register final rules — 1996-02-13
issue-1996-02-13Federal Register final rules — 1996-02-13Regulation
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. X96-30213 Compatibility of Cargoes
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Page 5518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-30213]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 150
Compatibility of Cargoes
CFR Correction
In Title 46 of the Code of Federal Regulations, parts 140 to 155,
revised as of October 1, 1995, on page 23 following Sec. 150.170,
Figure 1.-Compatibility Chart was inadvertently omitted. The table
should appear as follows:
Figure 1--Compatibility Chart
[X indicates incompatible groups]
[GRAPHIC] [TIFF OMITTED] TR13FE96.007
BILLING CODE 1505-01-D
Complete official Federal Register PDF
FR Doc. X96-20213 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; SOINF2: Conewango Township, Warren County Implementation Plan
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Page 5515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-20213]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; SO2: Conewango Township, Warren County
Implementation Plan
CFR Correction
In Title 40 of the Code of Federal Regulations, part 52, revised as
of July 1, 1995, Sec. 52.2020 paragraph (c)(93) appearing on page 814
should be removed and reserved.
BILLING CODE 1505-01-D-M
Complete official Federal Register PDF
FR Doc. X96-10213 Offering of United States Savings Bonds, Series EE
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Page 5510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-10213]
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DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 351
Offering of United States Savings Bonds, Series EE
CFR Correction
In Title 31 of the Code of Federal Regulations, parts 200 to end,
revised as of July 1, 1995, page 272, the text of Sec. 351.2(g)(3)(i)
is corrected to read:
Sec. 351.2 Description of bonds.
* * * * *
(g) * * *
(3) * * *
(i) Guaranteed minimum investment yield and resulting values during
an extended maturity period. A bond may be subject to one guaranteed
minimum investment yield during its original maturity period and to
another such yield during each of its extended maturity periods. Bonds
that entered an extended maturity period from May 1, 1989, through
February 1, 1993, have a guaranteed minimum investment yield of 6
percent per annum, compounded semiannually, during that extended
maturity period. Bonds that entered or enter an extended maturity
period on or after March 1, 1993, have a guaranteed minimum investment
yield of 4 percent per annum, compounded semiannually, during that
extended maturity period, or the guaranteed minimum investment yield in
effect at the beginning of that period. In order to determine values
for a bond during its first extended maturity period, the value of the
bond at the end of its original maturity period is determined using the
guaranteed minimum investment yield applicable to that period. This
value is then used as the base upon which interest accrues during the
first extended maturity period at the applicable guaranteed minimum
investment yield for that period. The value thus attained at first
extended maturity (10 years after original maturity) is then used as
the base upon which interest accrues during the second extended
maturity period at the applicable guaranteed minimum investment yield
for that period. The resulting semiannual values are then compared with
the corresponding values determined using the applicable market-based
variable investment yields.
* * * * *
BILLING CODE 1505-01-D-M
Complete official Federal Register PDF
FR Doc. 96-3205 Department of the Interior Acquisition Regulation; Internal Procedures
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5518-5520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3205]
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[[Page 5519]]
DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Parts 1403, 1425, and 1452
RIN 1090-AA54
Department of the Interior Acquisition Regulation; Internal
Procedures
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: In the interests of streamlining processes and improving
relationships with contractors, this final rule amends the Department
of the Interior Acquisition Regulation (DIAR) by removing nonessential
portions of those regulations. The material being removed deals with
exclusively internal procedures. Other regulations that are not
obsolete and not currently part of 48 CFR are being added.
EFFECTIVE DATE: March 14, 1996.
FOR FURTHER INFORMATION CONTACT:
Mary L. McGarvey, Office of Acquisition and Property Management, (202)
208-3158.
SUPPLEMENTARY INFORMATION: Under the auspices of the National
Performance Review, a thorough review of the DIAR was conducted. The
review revealed unnecessary and outdated regulations, and some
excessively burdensome procedures.
In the interests of streamlining processes and improving
relationships with contractors, nonessential portions of the DIAR are
being removed from the CFR. The two subparts and two sections being
removed from Parts 1403 and 1425 deal with exclusively internal
procedures so codification is not necessary. Sections 1403.570 and
1452.203-70 concerning Restrictions on Endorsements are being added to
the CFR.
When the DIAR was issued in 1984 as a supplement to the Federal
Acquisition Regulation (FAR), FAR Part 3 required Agency regulations
prescribing ``Standards of Conduct''. The Department of the Interior
(DOI) regulations governing the conduct and responsibilities of regular
and special employees are contained in 43 CFR Part 20. Additional
guidance is contained in the DOI publication of ``Ethics, An Employee
Guide''. This information is strictly limited to internal agency
procedures and information and is issued as a supplement to the FAR
Section 3.101-3.
FAR 3.203 specifically requires agency personnel to report
suspected violations of the Gratuities clause to the contracting
officer or other designated official in accordance with agency
procedures. DIAR 1403.2 provides the implementation of FAR 3.203 as
required by the FAR. These are strictly limited to agency procedures in
implementation of FAR 3.203. These agency procedures do not have a
significant effect beyond the internal operating procedures of the
agency nor do they have a significant cost or administrative impact on
contractors or offerors. This language merely implements a higher level
issuance (FAR) that has previously undergone the public comment
process, and does not pose additional significant cost or
administrative impact on contractors or offerors or effect beyond the
internal operating procedures of DOI.
DIAR 1425--Foreign Acquisition implements FAR 25.202, 25.203,
25.204, and 25.205. This action will effect the removal of DIAR
1425.202 and 1425.204 from 48 CFR. These are strictly limited to
internal agency procedures in implementation of FAR. These agency
procedures do not have a significant effect beyond the internal
operating procedures of the agency or have a significant cost or
administrative impact on contractors or offerors. This language merely
implements a higher level issuance (FAR) that has previously undergone
the public comment process, and does not pose additional significant
cost or administrative impact on contractors or offerors or effect
beyond the internal operating procedures of DOI. DIAR 1425.203 and
1425.205 are revised and will be retained in 48 CFR. The revision and
retained language will be submitted and published under another interim
final action.
DIAR Section 1403.570 Restrictions on Contractor Advertising and
Section 1452.203-70 Restrictions on Endorsements are being added to 48
CFR. This section and related clause inform contractors of DOI's
position on endorsements and may have a minimal administrative impact
on contractors.
Required Determinations
The Department believes that public comment is unnecessary because
the material being removed is outdated or deals exclusively with
internal procedures. The added material is primarily normal Government
operating procedures. Therefore, in accordance with 5 U.S.C. 553(b)(B),
the Department finds good cause to publish this document as a final
rule. This rule was not subject of Office of Management and Budget
review under Executive Order 12866. This rule does not contain a
collection of information subject to the Paperwork Reduction Act of
1995 as amended (P.L. 104-13). In accordance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq), the Department has determined
that this rule will not have a significant economic impact on a
substantial number of small entities because no requirements are being
added for small businesses and no protections are being withdrawn. The
Department has determined that this rule does not constitute a major
Federal action having a significant impact on the human environment
under the National Environmental Policy Act of 1969. The Department has
certified that this rule meets the applicable standards provided in
Sections 2(a) and 2(b)(2) of Executive Order 12778.
List of Subjects in 48 CFR Parts 1403, 1425, and 1452
Government procurement, Reporting and recordkeeping requirements.
Dated: January 26, 1996.
Bonnie Cohen,
Assistant Secretary--Policy, Management and Budget.
Chapter 14 of Title 48 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for 48 CFR parts 1403, 1425 and 1452
continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), and 5
U.S.C. 301.
2. Part 1403 is amended by removing Subpart 1403.1 and 1403.2 and
by adding new Subpart 1403.5 to read as follows:
PART 1403--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1403.5--Other Improper Business Practices
Sec.
1403.570 Restrictions on contractor advertising.
1403.570-1 Policy.
1403.570-3 Contract clause.
Subpart 1403.5--Other Improper Business Practices
1403.570 Restrictions on contractor advertising.
1403.570-1 Policy.
Award of a contract does not signify endorsement of the supplies or
services purchased, nor does it signify agreement with any views
espoused by officials of the awards. It is vital to the integrity of
the procurement system to avoid even the appearance of an improper
preference toward a particular vendor. Therefore, contractors shall not
be permitted to publicize, or otherwise circulate, promotional
materials which
[[Page 5520]]
state or imply Governmental endorsement of a product, service or
position which the contractor represents.
1403.570-3 Contract clause.
CO's shall include the clause at 48 CFR 1452.203-70, Restriction on
Endorsements, in all solicitations, contracts and agreements which are
not executed in accordance with SAT procedures.
3. Part 1425 is amended by removing Sections 1425.202 and 1425.204.
4. Part 1452 is amended by adding new Section 1452.203-70 to read
as follows:
PART 1452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1452.203-70 Restriction on endorsements.
As prescribed in 48 CFR 1403.570-3, insert the following clause in
all solicitations, contracts and agreements which are expected to
exceed the simplified acquisition threshold.
Restriction on Endorsements--Department of the Interior (Nov 1995)
The contractor shall not refer to contracts awarded by the
Department of the Interior in commercial advertising, as defined in
FAR 31.205-1, in a manner which states or implies that the product
or service provided is approved or endorsed by the Government, or is
considered by the Government to be superior to other products or
services. This restriction is intended to avoid the appearance of
preference by the Government toward any product or service. The
contractor may request a determination as to the propriety of
promotional material from the CO.
(End of Clause)
[FR Doc. 96-3205 Filed 2-12-96; 8:45 am]
BILLING CODE 4310-RF-M
Complete official Federal Register PDF
FR Doc. 96-3175 Amendment of Class E Airspace; Vacaville, CA
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5504-5505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3175]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AWP-43]
Amendment of Class E Airspace; Vacaville, CA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class E airspace area at Vacaville, CA.
The development of a Global Positioning System (GPS) Standard
Instrument Approach Procedure (SIAP) to Runway (RWY) 20 has made this
action necessary. The intended effect of this action is to provide
adequate controlled airspace for Instrument Flight Rules (IFR)
operations at Nut Tree Airport, Vacaville, CA.
EFFECTIVE DATE: 0901 UTC April 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Scott Speer, Airspace Specialist, System Management Branch, AWP-530,
Air Traffic Division, Western-Pacific Region, Federal Aviation
Administration, 15000 Aviation Boulevard, Lawndale, California 90261,
telephone (310) 725-6533.
SUPPLEMENTARY INFORMATION:
History
On December 18, 1995, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) by amending the Class E
airspace area at Vacaville, CA (60 FR 65043). This action will provide
[[Page 5505]]
adequate controlled airspace to accommodate a GPS SIAP to RWY 20 at Nut
Tree Airport, Vacaville, CA.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The E airspace designation
listed in this document will be published subsequently in this Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends the Class E airspace area at Vacaville, CA. The
development of a GPS SIAP to RWY 20 has made this action necessary. The
intended effect of this action is to provide adequate controlled
airspace for aircraft executing the GPS RWY 20 SIAP at Nut Tree
Airport, Vacaville, CA.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(1) is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 10034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
AWP CA E5 Vacaville, CA [Revised]
Nut Tree Airport, CA
(Lat. 38 deg.22'37'' N, long. 121 deg.57'45'' W)
Sacramento VORTAC
(Lat. 38 deg.38'26'' N, long. 121 deg.33'06'' W)
That airspace extending upward from 700 feet above the surface
within a 5-mile radius of Nut Tree Airport and within 2.2 miles each
side of the Sacramento VORTAC 259 deg. radial, extending from the 5-
mile radius to 11.3 miles west of the VORTAC and within 2.6 miles
each side of the 034 deg. bearing from the Nut Tree Airport,
extending from the 5-mile radius to 10.5 miles northeast of the
airport.
* * * * *
Issued in Los Angeles, California, on January 30, 1996.
James H. Snow,
Acting Management, Air Traffic Division, Western-Pacific Region.
[FR Doc. 96-3175 Filed 2-12-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-3174 Amendment of Class E Airspace; Columbia, CA
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Page 5504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3174]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AWP-39]
Amendment of Class E Airspace; Columbia, CA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class E airspace area at Columbia, CA.
The development of a Global Positioning System (GPS) Standard
Instrument Approach Procedure (SIAP) to Runway (RWY) 35 has made this
action necessary. The intended effect of this action is to provide
adequate controlled airspace for Instrument Flight Rules (IFR)
operations at Columbia Airport, Columbia, CA.
EFFECTIVE DATE: 0901 UTC April 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Scott Speer, Airspace Specialist, System Management Branch, AWP-530,
Air Traffic Division, Western-Pacific Region, Federal Aviation
Administration, 15000 Aviation Boulevard, Lawndale, California 90261,
telephone (310) 725-6533.
SUPPLEMENTARY INFORMATION:
History
On December 18, 1995, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) by amending the Class E
airspace area at Columbia, CA (60 FR 65045). This action will provide
adequate controlled airspace to accommodate a GPS SIAP to RWY 35 at
Columbia Airport, Columbia, CA.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The E airspace designation
listed in this document will be published subsequently in this Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends the Class E airspace area at Columbia, CA. The
development of a GPS SIAP to RWY 35 has made this action necessary.
This action will provide adequate controlled airspace for aircraft
executing the GPS RWY 35 SIAP at Columbia Airport, Columbia, CA.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(1) is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 10034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
AWP CA E5 Columbia, CA [Revised]
Columbia Airport, CA
(Lat. 38 deg.01'50''N, long. 120 deg.24'53''W)
Columbia NDB
(Lat. 38 deg.01'52''N, long. 120 deg.24'50''W)
That airspace extending upward from 700 feet above the surface
within a 5-mile radius of Columbia Airport and within 2.6 miles each
side of the 211 deg. bearing from the Columbia NDB extending from
the 5-mile radius to 10.4 miles south of the NDB and within 2 miles
east of the 189 deg. bearing from the Columbia NDB extending from
the 5-mile radius to 7.8 miles south of the NDB.
* * * * *
Issued in Los Angeles, California, on January 25, 1996.
Rose L. Marino,
Acting Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 96-3174 Filed 2-12-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-3173 Establishment of Class E Airspace; Willcox, AZ
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5503-5504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3173]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AWP-28]
Establishment of Class E Airspace; Willcox, AZ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes a Class E airspace area at Willcox,
AZ. The development of a Global Positioning System (GPS) Standard
Instrument Approach Procedure (SIAP) to Runways (RWYs) 21/3 has made
this action necessary. The intended effect of this action is to provide
adequate controlled airspace for Instrument Flight Rules (IFR)
operations at Cochise County Airport, Willcox, AZ.
EFFECTIVE DATE: 0901 UTC April 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Scott Speer, Airspace Specialist, System Management Branch, AWP-530,
Air Traffic Division, Western-Pacific Region, Federal Aviation
Administration, 15000 Aviation Boulevard, Lawndale, California 90261,
telephone (310) 725-6533.
SUPPLEMENTARY INFORMATION:
History
On December 18, 1995, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) by establishing a Class E
airspace area at Willcox, AZ (60 FR 65042). This action will provide
adequate controlled airspace to accommodate a GPS SIAP to RWYs 21/3 at
Cochise County Airport, Willcox, AZ.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The E airspace designation
listed in this document will be published subsequently in this Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) establishes a Class E airspace area at Willcox, AZ. The
development of a GPS SIAP to RWYs 21/3 has made this action necessary.
The intended effect of this action is to provide adequate controlled
airspace for aircraft executing the GPS RWYs 21/3 SIAP at Cochise
County Airport, Willcox, AZ.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(1) is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 10034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective
[[Page 5504]]
September 16, 1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth
* * * * *
AWP AZ E5 Willcox, AZ [New]
Cochise County Airport, AZ
(Lat. 32 deg.14'39''N, long. 109 deg.53'38''W
That airspace extending upward from 700 feet above the surface
within an 6.5-mile radius of Cochise County Airport.
* * * * *
Issued in Los Angeles, California on January 25, 1996.
Rose L. Marino,
Acting Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 96-3173 Filed 2-12-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-3118 Office of Management and Budget Control Numbers Under the Paperwork Reduction Act
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5507-5510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3118]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926, and 1928
Office of Management and Budget Control Numbers Under the
Paperwork Reduction Act
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Final rule.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
adding new sections to its Safety and Health Regulations for General
Industry, Construction and Shipyard Employment. These new sections will
be used to consolidate and display all of the control numbers assigned
by the Office of Management and Budget (OMB) for ``approved''
information collection requirements. OSHA is also identifying
information collection requirements found in certain of its other
regulations and displaying the OMB control number at the end of each
section containing a collection of information. None of the
requirements are new; they have been promulgated by OSHA at various
times over the past 25 years. The display of OMB control numbers is
required under the implementing rules and regulations of OMB and under
the Paperwork Reduction Act of 1995.
EFFECTIVE DATE: February 13, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information
and Consumer Affairs, U.S. Department of Labor, Occupational Safety and
Health Administration, Room N3647; 200 Constitution Avenue, NW,
Washington, DC 20210 (202-219-8148, FAX 202-219-5986).
SUPPLEMENTARY INFORMATION:
I. Background
OSHA has a number of provisions within its occupational safety and
health standards that require employers to collect or prepare
information. These types of provisions are broadly classified as
``information collection requirements.'' All information collection
requirements are subject to review and approval by OMB on not more than
a three-year cycle. It should be noted that OSHA cannot impose a
penalty on employers for violating collection of information
(recordkeeping, reporting, etc.) requirements if the agency has failed
to obtain OMB approval of the requirement. When OMB approves collection
of information requirements, it issues a ``control number'' for the
collection of information provision. All agencies are required to
display [show to the public] the OMB control numbers so the public will
know that OMB has given the agency approval to require the information
[report, record, documentation, form, etc.] to be collected. In the
past, OSHA has displayed the OMB control number by printing it at the
end of each section or subpart in which the requirement to collect
information appeared. However, to enable the public easily and readily
to identify all of the collection of information requirements, OSHA is
dedicating one section in part 1910 (Safety and Health Standards for
General Industry), one section in part 1915 (Shipyard Employment
Standards), and one section in part 1926 (Construction Safety and
Health Standards) to list those requirements and show the OMB control
number. As a result of this new format, the parenthetical notes and
approval/control numbers now printed at the end of the individual
sections or subparts can be removed. This procedure is not being used
for collections of information in 29 CFR Parts 1917, 1918, 1919, and
1928 because there are only one, two, or three collection of
information
[[Page 5508]]
requirements in each of these parts and it would serve no useful
purpose to dedicate a specific section for such a small number. In
these CFR parts, OSHA will continue to display the OMB control number
at the end of the section which contains the information collection
requirement.
None of the specific requirements to collect and provide
information is new. The control numbers listed in this document were
assigned previously by OMB; but not necessarily published in the
regulations. This document makes no substantive change to the current
OMB information collection budget or to any regulatory provision.
II. Exemption From Notice and Comment Procedures
With regard to this action, OSHA has determined that it is not
necessary to provide for public notice and comment under either section
4 of the Administrative Procedures Act (5 U.S.C. 553) or under section
6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)). This
action does not affect the substantive requirements or coverage of the
standards themselves. Furthermore, this document does not modify or
revoke existing rights or obligations, nor does it establish new ones.
With this action, the Agency is only providing information. OSHA,
therefore, finds that notice and public procedure are impracticable and
unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B). For the same
reasons, OSHA also finds that, in accordance with 29 CFR 1911.5, good
cause exists for dispensing with the public notice and comment
procedures prescribed in section 6(b) of the Occupational Safety and
Health Act.
III. Exemption From Delayed Effective Date Requirement
Under 5 U.S.C. 553, OSHA finds that there is good cause for making
this document effective upon publication in the Federal Register. This
display of control numbers simply provides additional information on
the existing regulatory burden without increasing that burden.
List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926,
and 1928
Reporting and recordkeeping requirements.
Signed at Washington, DC this 8th day of February 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
Accordingly, pursuant to sections 4, 6(b) and 8(g) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 333), Sec. 41 of the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941), Secretary of Labor's Order No. 1-90 (55 FR 9033),
and 29 CFR Part 1911, 29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926,
and 1928 are amended as set forth below.
PART 1910--[AMENDED]
1. The authority citation for Subpart A of part 1910 is revised to
read as follows:
Authority: Secs. 4, 6, 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-
90 (55 FR 9033), as applicable.
Sections 1910.7 and 1910.8 also issued under 29 CFR part 1911.
2. Subpart A of part 1910 is amended by adding a new Sec. 1910.8 to
read as follows:
Sec. 1910.8 OMB control numbers under the Paperwork Reduction Act
The following sections or paragraphs each contain a collection of
information requirement which has been approved by the Office of
Management and Budget under the control number listed.
------------------------------------------------------------------------
OMB
29 CFR citation control
No.
------------------------------------------------------------------------
1910.7...................................................... 1218-0147
1910.20..................................................... 1218-0065
1910.23..................................................... 1218-0199
1910.66..................................................... 1218-0121
1910.67(b).................................................. 1218-0210
1910.68..................................................... 1218-0210
1910.95..................................................... 1218-0048
1910.96..................................................... 1218-0103
1910.106(b)................................................. 1218-0210
1910.111.................................................... 1218-0208
1910.119.................................................... 1218-0200
1910.120.................................................... 1218-0202
1910.132.................................................... 1218-0205
1910.134.................................................... 1218-0099
1910.142.................................................... 1218-0096
1910.145.................................................... 1218-0132
1910.146.................................................... 1218-0203
1910.147.................................................... 1218-0150
1910.156.................................................... 1218-0075
1910.157(e)(3).............................................. 1218-0210
1910.157(f)(16)............................................. 1218-0210
1910.177(d)(3)(iv).......................................... 1218-0210
1910.179(j)(2)(iii) and (iv)................................ 1218-0210
1910.179(m)(1) and (m)(2)................................... 1218-0210
1910.180(d)(6).............................................. 1218-0210
1910.180(g)(1) and (g)(2)(ii)............................... 1218-0210
1910.181(g)(1) and (g)(3)................................... 1218-0210
1910.184(e)(4), (f)(4) and (i)(8)(ii)....................... 1218-0210
1910.217(e)(1)(i) and (ii).................................. 1218-0210
1910.217(g)................................................. 1218-0070
1910.217(h)................................................. 1218-0143
1910.218(a)(2)(i) and (ii).................................. 1218-0210
1910.252(a)(2)(xiii)(c)..................................... 1218-0207
1910.255(e)................................................. 1218-0210
1910.266.................................................... 1218-0198
1910.268.................................................... 1218-0210
1910.269.................................................... 1218-0190
1910.272.................................................... 1218-0206
1910.420.................................................... 1218-0069
1910.421.................................................... 1218-0069
1910.423.................................................... 1218-0069
1910.430.................................................... 1218-0069
1910.440.................................................... 1218-0069
1910.1001................................................... 1218-0133
1910.1003................................................... 1218-0085
1910.1004................................................... 1218-0084
1910.1006................................................... 1218-0086
1910.1007................................................... 1218-0083
1910.1008................................................... 1218-0087
1910.1009................................................... 1218-0089
1910.1010................................................... 1218-0082
1910.1011................................................... 1218-0090
1910.1012................................................... 1218-0080
1910.1013................................................... 1218-0079
1910.1014................................................... 1218-0088
1910.1015................................................... 1218-0044
1910.1016................................................... 1218-0081
1910.1017................................................... 1218-0010
1910.1018................................................... 1218-0104
1910.1025................................................... 1218-0092
1910.1027................................................... 1218-0185
1910.1028................................................... 1218-0129
1910.1029................................................... 1218-0128
1910.1030................................................... 1218-0180
1910.1043................................................... 1218-0061
1910.1044................................................... 1218-0101
1910.1045................................................... 1218-0126
1910.1047................................................... 1218-0108
1910.1048................................................... 1218-0145
1910.1050................................................... 1218-0184
1910.1200................................................... 1218-0072
1910.1450................................................... 1218-0131
------------------------------------------------------------------------
Secs. 1910.7, 1910.20, 1910.66, 1910.95, 1910.96, 1910.134, 1910.142,
1910.145, 1910.147, 1910.156, 1910.217, 1910.272, 1910.420, 1910.421,
1910.423, 1910.430, 1910.440, 1910.1001, 1910.1003, 1910.1004,
1910.1006-1910.1018, 1910.1025, 1910.1027-1910.1030, 1910.1043-
1910.1045, 1910.1047, 1910.1048, 1910.1050, 1910.1200 and
1910.1450 [Amended]
3. Remove the parenthetical note relating to the OMB control number
that appears at the end of each of the following sections: 1910.7;
1910.20; 1910.66; 1910.95; 1910.96; 1910.134; 1910.142; 1910.145;
1910.147; 1910.156; 1910.217; 1910.272; 1910.420; 1910.421; 1910.423;
1910.430; 1910.440; 1910.1001; 1910.1003; 1910.1004; 1910.1006 through
1910.1018; 1910.1025; 1910.1027 through 1910.1030; 1910.1043 through
1910.1045; 1910.1047; 1910.1048; 1910.1050; 1910.1200; 1910.1450.
PART 1915--[AMENDED]
4. The authority citation for part 1915 continues to read in part
as follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
No. 12-71 (36 FR
[[Page 5509]]
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as
applicable; 29 CFR part 1911.
* * * * *
5. Part 1915 is amended by adding a new Sec. 1915.8 to Subpart A to
read as follows:
Sec. 1915.8 OMB control numbers under the Paperwork Reduction Act
The following sections or paragraphs contain a collection of
information requirement which has been approved by the Office of
Management and Budget under the control number listed.
------------------------------------------------------------------------
OMB
29 CFR citation control
No.
------------------------------------------------------------------------
1915.11--1915.16............................................ 1218-0011
1915.113.................................................... 1218-0210
1915.152.................................................... 1218-0099
1915.172.................................................... 1218-0210
1915.1001................................................... 1218-0195
1915.1003................................................... 1218-0085
1915.1004................................................... 1218-0084
1915.1006................................................... 1218-0086
1915.1007................................................... 1218-0083
1915.1008................................................... 1218-0087
1915.1009................................................... 1218-0089
1915.1010................................................... 1218-0082
1915.1011................................................... 1218-0090
1915.1012................................................... 1218-0080
1915.1013................................................... 1218-0079
1915.1014................................................... 1218-0088
1915.1015................................................... 1218-0044
1915.1016................................................... 1218-0081
1915.1017................................................... 1218-0010
1915.1018................................................... 1218-0104
1915.1025................................................... 1218-0092
1915.1027................................................... 1218-0185
1915.1028................................................... 1218-0129
1915.1030................................................... 1218-0180
1915.1044................................................... 1218-0101
1915.1045................................................... 1218-0126
1915.1047................................................... 1218-0108
1915.1048................................................... 1218-0145
1915.1050................................................... 1218-0184
1915.1120................................................... 1218-0065
1915.1200................................................... 1218-0072
1915.1450................................................... 1218-0131
------------------------------------------------------------------------
Secs. 1915.1001, 1915.1003, 1915.1004, 1915.1006-1915.1018, 1915.1025,
1915.1028, 1915.1030, 1915.1044, 1915.1045, 1915.1047, 1915.1048,
1915.1050, 1915.1120 and 1915.1450 [Amended]
6. Remove the parenthetical note relating to the OMB control number
that appears at the end of the following sections: 1915.1001,
1915.1003, 1915.1004, 1915.1006 through 1915.1018, 1915.1025,
1915.1028, 1915.1030, 1915.1044, 1915.1045, 1915.1047, 1915.1048,
1915.1050, 1915.1120, and 1915.1450.
PART 1917--[AMENDED]
7. The authority citation for part 1917 continues to read in part
as follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-
90 (55 FR 9033), as applicable; 29 CFR part 1911.
* * * * *
Sec. 1917.28 [Amended]
8. Add a parenthetical note at the end of Sec. 1917.28 to read as
follows:
(Section 1917.28 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control
No. 1218-0072.)
Sec. 1917.50 [Amended]
9. Revise the parenthetical note at the end of Sec. 1917.50 to read
as follows:
(Section 1917.50 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control
No. 1218-0003)
Secs. 1917.23, 1917.24, 1917.25, and 1917.116 [Amended]
10. Remove the parenthetical note relating to the OMB control
number that appears at the end of the following sections: 1917.23;
1917.24; 1917.25; and 1917.116.
PART 1918--[AMENDED]
11. The general authority citation for part 1918 is revised to read
as follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-
90 (55 FR 9033), as applicable; 29 CFR part 1911.
* * * * *
Sec. 1918.90 [Amended]
12. Add a parenthetical note at the end of Sec. 1918.90 to read as
follows:
(Section 1918.90 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control
No. 1218-0072)
PART 1919--[AMENDED]
13. The authority citation for part 1919 is revised to read as
follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-
90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sec. 1919.3 [Amended]
14. Add a parenthetical note at the end of Sec. 1919.3 to read as
follows:
(Section 1919.3 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control
No. 1218-0003.)
Sec. 1919.51 [Amended]
15. Add a parenthetical note at the end of Sec. 1919.51 to read as
follows:
(Section 1919.51 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control
No. 1218-0003)
Sec. 1919.90 [Amended]
16. Add a parenthetical note at the end of Sec. 1919.90 to read as
follows:
(Section 1919.90 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control
No. 1218-0003)
PART 1926--[AMENDED]
17. The authority citation for subpart A of part 1926 is revised to
read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8.
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), of 1-90 (55 FR 9033), as applicable; 29
CFR part 1911.
18. Part 1926 is amended by adding a new Sec. 1926.5 to read as
follows:
Sec. 1926.5 OMB control numbers under the Paperwork Reduction Act.
The following sections or paragraphs each contain a collection of
information requirement which has been approved by the Office of
Management and Budget under the control number listed.
------------------------------------------------------------------------
OMB
29 CFR citation control
No.
------------------------------------------------------------------------
1926.33..................................................... 1218-0065
1926.50..................................................... 1218-0093
1926.52..................................................... 1218-0048
1926.53..................................................... 1218-0103
1926.59..................................................... 1218-0072
1926.60..................................................... 1218-0183
1926.62..................................................... 1218-0189
1926.64..................................................... 1218-0200
1926.65..................................................... 1218-0202
1926.103.................................................... 1218-0099
1926.152.................................................... 1218-0210
1926.200.................................................... 1218-0132
1926.250.................................................... 1218-0093
1926.251.................................................... 1218-0210
1926.403.................................................... 1218-0130
1926.404.................................................... 1218-0130
1926.405.................................................... 1218-0130
1926.407.................................................... 1218-0130
1926.408.................................................... 1218-0130
1926.502.................................................... 1218-0197
1926.503.................................................... 1218-0197
1926.550(a)(1).............................................. 1218-0115
1926.550(a)(6).............................................. 1218-0113
1926.550(a)(11)............................................. 1218-0054
1926.550(b)(2).............................................. 1218-0210
1926.550(g)................................................. 1218-0151
1926.552.................................................... 1218-0210
[[Page 5510]]
1926.652.................................................... 1218-0137
1926.703.................................................... 1218-0095
1926.800.................................................... 1218-0067
1926.803.................................................... 1218-0067
1926.900.................................................... 1218-0210
1926.903.................................................... 1218-0210
1926.1001................................................... 1218-0210
1926.1002................................................... 1218-0210
1926.1080................................................... 1218-0069
1926.1081................................................... 1218-0069
1926.1083................................................... 1218-0069
1926.1090................................................... 1218-0069
1926.1091................................................... 1218-0069
1926.1101................................................... 1218-0133
1926.1103................................................... 1218-0085
1926.1104................................................... 1218-0084
1926.1106................................................... 1218-0086
1926.1107................................................... 1218-0083
1926.1108................................................... 1218-0087
1926.1109................................................... 1218-0089
1926.1110................................................... 1218-0082
1926.1111................................................... 1218-0090
1926.1112................................................... 1218-0080
1926.1113................................................... 1218-0079
1926.1114................................................... 1218-0088
1926.1115................................................... 1218-0044
1926.1116................................................... 1218-0081
1926.1117................................................... 1218-0010
1926.1118................................................... 1218-0104
1926.1127................................................... 1218-0186
1926.1128................................................... 1218-0129
1926.1129................................................... 1218-0128
1926.1144................................................... 1218-0101
1926.1145................................................... 1218-0126
1926.1147................................................... 1218-0108
1926.1148................................................... 1218-0145
------------------------------------------------------------------------
Secs. 1926.33, 1926.50, 1926.53, 1926.60, 1926.62, 1926.65, 1926.98,
1926.103, 1926.250, 1926.403-1926.405, 1926.407, 1926.408, 1926.550,
1926.703, 1926.800, 1926.803, 1926.1080, 1926.1081, 1926.1083,
1926.1090, 1926.1091, 1926.1101, 1926.1103, 1926.1104, 1926.1106-
1926.1118, 1926.1127, 1926.1128, 1926.1129, 1926.1144, 1926.1145,
1926.1147, and 1926.1148 [Amended]
19. Remove the parenthetical notes relating to the OMB control
number that appear at the end of the following sections: 1926.33,
1926.50, 1926.53, 1926.60, 1926.62, 1926.65, 1926.98, 1926.103,
1926.250, 1926.403 through 1926.405, 1926.407, 1926.408, 1926.550,
1926.703, 1926.800, 1926.803, 1926.1080, 1926.1081, 1926.1083,
1926.1090, 1926.1091, 1926.1101, 1926.1103, 1926.1104, 1926.1106
through 1926.1118, 1926.1127, 1926.1128, 1926.1129, 1926.1144,
1926.1145, 1926.1147, and 1926.1148.
PART 1928--[AMENDED]
20. The authority citation for part 1928 continues to read in part
as follows:
Authority: Secs. 6 and 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-
90 (55 FR 9033), as applicable; 29 CFR part 1911.
* * * * *
Sec. 1928.21 [Amended]
21. Add a parenthetical note at the end of Sec. 1928.21 to read as
follows.
(Section 1928.21 contains a collection of information which has been
approved by the Office of Management and Budget under OMB Control
No. 1218-0072)
[FR Doc. 96-3118 Filed 2-12-96; 8:45 am]
BILLING CODE 4510-26-P
Complete official Federal Register PDF
FR Doc. 96-3101 Definitions and Other General Requirements for Assistance Under the United States Housing Act of 1937
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5662-5667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3101]
[[Page 5661]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Parts 5, 812, et al.
Definitions and Other General Requirements for Assistance Under the
United States Housing Act of 1937; Final Rule
Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 /
Rules and Regulations
[[Page 5662]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 5, 812, 912, 950, and 982
[Docket No. FR-3029-F-04]
RIN 2501-AB68
Definitions and Other General Requirements for Assistance Under
the United States Housing Act of 1937
AGENCY: Office of the Secretary.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule consolidates and revises portions of 24 CFR parts
812 and 912 into a new subpart D of part 5, makes a conforming change
to part 982, and revises part 950 to provide general requirements for
the implementation of the United States Housing Act of 1937 that are in
addition to the Act's explicit requirements.
EFFECTIVE DATE: March 14, 1996.
FOR FURTHER INFORMATION CONTACT: Issues related to part 812 as it
relates to programs administered by the Assistant Secretary for
Housing/Federal Housing Commissioner: Barbara D. Hunter, Director,
Program Management Division, Office of Multifamily Asset Management and
Disposition, Room 6182, 451 Seventh Street SW., Washington, DC 20410,
Telephone (202) 708-4162. A telecommunications device for speech or
hearing impaired persons (TDD) is available at (202) 708-4594. (These
are not toll-free telephone numbers.)
Issues related to part 812 (as it relates to section 8
certificates, vouchers, and Mod Rehab), part 912 and programs
administered by the Assistant Secretary for Public and Indian Housing:
MaryAnn Russ, Deputy Assistant Secretary for Public and Assisted
Housing Operations, Office of Public and Indian Housing, Room 4204, 451
Seventh Street SW., Washington, DC 20410, Telephone (202) 708-1380. A
telecommunications device for speech or hearing impaired persons (TDD)
is available at (202) 708-0850. (These are not toll-free telephone
numbers.)
Issues related to part 950 and Native American Housing Programs:
Deborah Lalancette, Director, Housing Management Division, Office of
Native American Programs, Department of Housing and Urban Development,
room B-133, 451 Seventh Street SW., Washington, DC 20410; telephone
(202) 755-0088; (TDD) (202) 708-0850. (These are not toll-free
numbers.)
Supplementary Information:
I. Statutory and Rulemaking Background
Section 573(a) of the National Affordable Housing Act (NAHA)
(approved November 28, 1990, Pub. L. 101-625) amended clause (D) of
section 3(b)(3) of the United States Housing Act of 1937 (the 1937
Act), to include in the definition of ``families,'' ``any other single
persons'' who are not 62 years old or older, disabled, handicapped,
displaced, or the remaining member of a tenant family. (Hereinafter, an
individual in the category of ``other single persons'' will be referred
to simply as a single person.) Before this NAHA amendment, the number
of single persons eligible for assisted housing was restricted under
the 1937 Act to a percentage of the units in the public housing
agency's or Indian housing authority's jurisdiction.
However, the NAHA amendment added a new restriction on the
admission of any single person to housing units assisted under the 1937
Act. ``In no event'', reads (in part) section 573(a)(1), ``may any
single person [who is not 62 years old or older, disabled, handicapped,
displaced, or the remaining member of a tenant family] * * * be
provided a housing unit assisted under this Act of 2 bedrooms or
more.''
A proposed rule was published in the Federal Register on April 10,
1992 (57 FR 12686) to add the NAHA section 573(a) requirements to the
Department's regulations at 24 CFR parts 812 and 912. This rule also
addressed section 5(b) of the Fair Housing Amendments Act of 1988
(FHAA) (Pub. L. 100-430, approved September 13, 1988), codified at 42
U.S.C. 3602(k), which states that, ``the protections afforded against
discrimination on the basis of familial status shall apply to any
person who is pregnant or is in the process of securing legal custody
of any individual who has not attained the age of 18 years.''
Section 621 of the Housing and Community Development Act of 1992
(HCDA 1992) (Pub. L. 102-550, approved October 28, 1992), also amended
section 3(b)(3) of the 1937 Act, the same section amended by 573(a) of
NAHA. The section 621 amendment is in the nature of a housekeeping
revision that reorganizes the 1937 Act definition of ``family,'' rather
than an amendment that makes substantive changes in the definition.
Section 621 redefines ``elderly family'' by taking out the references
to disabled and handicapped persons, and combines the definitions of
``disabled person'' and ``handicapped person'' into a single definition
of ``person with disabilities.'' The ``any other single persons''
amendments of NAHA section 573(a) are also a part of the HCDA 1992
section 621 revision of 3(b)(3), which slightly modifies section
573(a)'s language on the unit size limitation for single persons from
``2 bedrooms or more'' to read ``2 or more bedrooms.''
Section 301 of the Multifamily Housing Property Disposition Reform
Act of 1994 (MHPDRA) (Pub. L. 102-233, approved April 11, 1994) made a
technical correction to the HCDA 1992 section 621 revision of section
3(b)(3) of the 1937 Act. Section 621 had changed the introductory
language of the definition of ``families'' from, ``The term `families'
includes * * *.'' to, ``The term `families' means * * *.''. Section 301
of MHPDRA amends the introductory language of 3(b)(3) of the 1937 Act
back to the original ``The term `families' includes * * *.''.
To resolve the issue of the basic eligibility of single persons,
HUD published on July 26, 1993 (58 FR 39658) a final rule that
eliminated the former statutory restrictions, which were included in
parts 812 and 912, on the admission of single persons to public and
assisted housing. The final rule published on July 26, 1993 also
removed the restrictions at Sec. 905.301(d), now Sec. 950.301(d),
concerning the admissibility of single persons to Indian housing.
Although section 573(a) of NAHA did not apply to Indian housing,
section 103(b) of HCDA 1992 expressly makes sections 573 and 574 of
NAHA applicable to Indian Housing Authorities (IHAs). At the same time,
HCDA 1992 section 626 expressly excludes IHAs from the coverage of the
entire HCDA 1992 subtitle that includes the section 621 reorganization
of the definition of family.
Two other regulatory amendments are relevant to the changes made in
this final rule. On March 20, 1995 (60 FR 14855), parts 812 and 912
were amended by designating their existing provisions as subpart A, and
adding a subpart B that dealt with restrictions on assistance to
noncitizens. Definitions pertinent to these restrictions were also
added. Finally, on April 10, 1995, at 60 FR 18186, the Indian Housing
consolidated regulations were revised and moved from part 905 to part
950 of title 24.
II. Reinventing Parts 812 and 912
In keeping with the President's mandate to reinvent and reform
regulations, subparts A of parts 812 and 912 are streamlined in this
rule by combining them into a single, new subpart D of part 5 (subparts
B and C are
[[Page 5663]]
reserved for other requirements). One of the methods by which the
Department is streamlining and reducing its regulations is to eliminate
repetitious regulatory language. The subpart A provisions of parts 812
and 912 are virtually identical, covering general requirements related
to the 1937 Act, such as definitions and basic eligibility for
assistance. These general requirements were originally set forth in
separate CFR parts that were designated for offices that administered
different forms of assistance under the 1937 Act. Such a practice,
however, has resulted in the proliferation of repetitious, unnecessary
regulations which the Department is now acting to curb.
Another method of reinventing regulations by the Department is to
remove rule text that only repeats statutory language. Rules will only
contain legally binding requirements that are in addition to those
contained in a statute. Besides reducing the sheer bulk of rules, this
practice will remove the problems that result when a rule that echoes
the language of a statute becomes inconsistent with new statutory
amendments. The period before such a rule is amended to conform to new
statutory language is often one of confusion and uncertainty as to
which law applies: the old provisions in the regulations or the new
provisions in the statute. The new subpart D of part 5 promulgated here
does not, therefore, repeat any statutory language, but only implements
requirements that are in addition to those in the 1937 Act. However,
for purposes of convenience and clarity, this final rule also includes
definitions of the terms ``family,'' ``elderly family,'' ``disabled
family,'' and ``near-elderly family,'' for which the elements must be
assembled from different parts of section 3(b)(3) of the 1937 Act in
order to arrive at a complete definition. For example, section
3(b)(3)(B) provides:
The term ``families'' includes families with children and, in
the cases of elderly families, near-elderly families, and disabled
families, means families whose heads (or their spouses), or whose
sole members, are elderly, near-elderly, or persons with
disabilities, respectively. The term includes, in the cases of
elderly families, near-elderly families, and disabled families, 2 or
more elderly persons, near-elderly persons, or persons with
disabilities living together, and 1 or more persons determined under
the regulations of the Secretary to be essential to their care or
well-being.
Sufficient information is not given in section 3(b)(3)(B) to
formulate a complete definition of ``elderly family;'' for a complete
definition of this term, it is necessary to incorporate with the
3(b)(3)(B) information the definition of ``elderly person'' in section
3(b)(3)(D). The final rule makes this incorporation.
The April 10, 1992 proposed revisions to parts 812 and 912, which
concern section 5(b) of the Fair Housing Amendments Act of 1988 (FHAA)
and the treatment of single, pregnant women and individuals in the
process of obtaining custody, are not included in this final rule. The
statutory prohibition against housing discrimination towards such
persons is sufficiently clear and enforceable. Since the percentage
limit for occupancy by single persons (which could have been used to
mask instances of discrimination against persons in these protected
classes) has been eliminated, it is no longer necessary to distinguish
persons in these FHAA-protected classes from other single persons.
The definitions that were added to parts 812 and 912 for purposes
of the March 20, 1995 rule on restrictions on assistance to noncitizens
are being moved to revised Secs. 812.5(a) and 912.5(a). The provisions
in subparts B of parts 812 and 912 will remain in effect until the
publication of a single, streamlined noncitizens rule.
For purposes of uniformity, the definition of applicant is being
added to the Indian Housing regulation at Sec. 950.102. The provisions
dealing with the preference over single persons and the housing
assistance limitation for single persons are being added to
Sec. 950.301 of the Indian Housing regulation, with a conforming change
made to Sec. 950.303(b)(1)(ii).
The combined statutory and regulatory definitions and general
requirements that apply with respect to public housing and Section 8
housing assistance under the 1937 Act have been placed in an appendix
to this final rule. The final rule will be codified in the Code of
Federal Regulations; the appendix will not be codified. However, the
appendix is available to the public as a single document which provides
a unified overview of these general requirements under the 1937 Act.
III. Response to Public Comments
A total of 182 comments were received on the proposed rule from 39
Public Housing Authorities, 103 elderly tenants, 30 managers, 6
interest groups, 2 legal assistant organizations, and 2 individuals.
The comments and HUD's responses are addressed in the discussion below.
Concerns Over Removing Eligibility Restrictions on Single Persons
Numerous comments were received on the scope of the proposed rule,
with particular emphasis on the amendment to the definition of
``family'' to include ``any other single person.'' The comments took
the form of suggested changes to narrow the scope or impose limits on
single persons who could be admitted, general observations about the
impact of this rule, inquiries about the application of the rule to
specific programs and situations, and requests for clarification.
Over two thirds of the comments received on the proposed rule were
directed at the mix of elderly people with young single people that the
commenters believed will result from the implementation of this rule.
They expressed concern about the occupancy issues that arise when
elderly and non-elderly persons live in the same housing. Concerns were
also raised about the eligibility of single persons as a group for
housing or assistance under the 1937 Act.
HUD Response
These comments from elderly residents, owners of elderly projects,
and management companies appear to have been submitted under the belief
that the proposed rule would have superseded the basic admission
requirements for a particular project. It is important to note that the
change in the status of single persons is the result of legislative
amendments to the 1937 Act. Even so, the inclusion of single persons in
the definition of ``family'' without a percent occupancy limitation, as
was previously the case, does not automatically constitute admission
into every form of assisted housing. The single person, as well as any
other family, must still meet all of the eligibility requirements for
the particular project and for the type of housing assistance which is
sought. This has always been the case, and the rule, at Sec. 5.403(a),
now expressly states that, ``An applicant must meet all of the
eligibility requirements of the housing assistance for which an
application is made in order to obtain the housing assistance.''
One of the basic eligibility requirements under the 1937 Act is
that the applicant must be a ``family.'' However, the definition of
``family'' in the 1937 Act is broadly expressed as, ``The term
`families' includes * * *'' (emphasis added) and is not exclusive or
exhaustive. Given this broad statutory definition, HUD has historically
permitted PHAs and housing owners the flexibility to make the
determination of ``family,'' in accordance with their local laws and
policies, including state and local fair housing laws, as long as such
a determination does not conflict with
[[Page 5664]]
the 1937 Act or the Federal Fair Housing Act.
Preference for Admission
Seven commenters sought further explanation of the practical
application of extending a preference for housing units to elderly,
disabled, handicapped and displaced persons over single persons in
Secs. 812.3(a) and 912.3(a) of the proposed rule (Note: the use of the
term ``handicapped'' is eliminated by HCDA 1992 sec. 621). The central
issue presented by these commenters was whether elderly, disabled,
handicapped and displaced families always have a priority in the
admission process over single persons, regardless of the Federal
preferences. One commenter asked if the proposed rule gave a ``Federal
preference'' or simply a priority. A couple of commenters asked whether
a single person with a Federal preference would get a certificate or
voucher first before an elderly, handicapped, disabled or displaced
person without a Federal preference, and other commenters posed that
question in the converse. Still more commenters, objecting to what they
considered the unanticipated consequences of the proposed rule, assumed
both that proposed Secs. 812.3(a) and 912.3(a) did not give a ``Federal
preference'' and that in practice the single person would receive the
certificate or voucher first, in spite of the fact that the rule is
careful to indicate the elderly, disabled, and displaced have a
priority.
HUD Response
The basis for treating single persons differently from elderly,
disabled, or displaced persons is that the statute requires it. This
requirement does not, in any way, violate applicable nondiscrimination
provisions.
The final rule clarifies that a PHA or private owner must give
preference to applicants who are elderly, disabled, or displaced
families consisting of no more than two persons over applicants who are
single persons, regardless of the applicant's Federal or local
preferences. Admitting these elderly, disabled, and displaced families
that do not have a Federal Preference over a single person with a
Federal Preference does not draw on the local preference limit (10%/
30%/50%). The 1937 Act provides for both the Federal preference and the
preference over single persons, but does not prescribe the order of
these statutory preferences. HUD has determined that the singles
preference should govern over the Federal preference scheme.
This final rule further clarifies that elderly, disabled, and
displaced one- or two-person family applicants have a preference over
single persons who are not elderly, disabled, or displaced for all
types of assisted housing under the 1937 Act, including general
occupancy public and Indian housing and Section 8, not just for public
and Indian housing and privately owned housing for the elderly.
Unit Size Limitation
Nine commenters addressed the unit size limitation for single
persons who are not elderly, disabled, displaced or the remaining
member of a tenant family in Secs. 812.3(b), 882.209(i)(1), 887.253(c),
and 912.3(b) of the proposed rule. The consensus of these commenters
was that the provision stating that ``any Single Person may not be
provided a unit with two or more bedrooms'' was unnecessarily
restrictive.
PHAs objected to the different treatment between single persons and
other persons under the same programs, citing a variety of reasons,
such as: How this restriction penalizes people for being single; the
absence of a rational justification for this restriction when the gross
rent for a larger unit is reasonable and less than the 1 bedroom fair
market rent; the fact that elderly, handicapped, disabled and displaced
people are not subject to the same restriction; and the hardships to
management and owners from not being able to offer the next bedroom
size to single persons on the list in light of the high vacancy rates
in some parts of the country.
Another PHA felt that the restriction goes too far because it would
extend to a single person with special health needs who requires a 2
bedroom unit for purposes of accommodating additional equipment or
other needs. In the opinion of this commenter, the NAHA section 573(a)
language, ``In no event may any single person under clause (D) be
provided a housing unit assisted under this Act of 2 bedrooms or
more'', is not intended to cover single persons with special health
needs.
HUD response
Sections 573(a) and 621 both agree that, ``In no event may any
single person * * * be provided a housing unit assisted under this Act
of 2 or more bedrooms.'' The rule implements this provision for
purposes of the rental certificate and voucher programs as a limitation
on family unit size, and therefore on the amount of subsidy paid on
behalf of the single person. The rule does not prohibit a single person
from residing in a larger unit (2 or more bedrooms) with the amount of
subsidy for a zero or one-bedroom family unit size.
It is likely that an individual who needed a larger unit to
accommodate medical equipment because of a health need would qualify as
a ``person with disabilities,'' not as a ``single person,'' and so
could be provided a larger unit.
Other Matters
Regulatory Planning and Review
This rule has been reviewed in accordance with Executive Order
12866, issued by the President on September 30, 1993 (58 FR 51735,
October 4, 1993). Any changes to the rule resulting from this review
are available for public inspection between 7:30 a.m. and 5:30 p.m.
weekdays in the Office of the Rules Docket Clerk.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR Part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk at the above address.
Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule do not have federalism implications and, thus,
are not subject to review under the Order. This rule merely makes
certain statutorily required changes in definitions that will not have
substantial, direct effects on States, on their political subdivisions,
or on their relationships with the Federal government, or on the
distribution of power and responsibilities between them and other
levels of government.
Family Impact
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have a
potentially significant negative impact on family formation,
maintenance, and general well-being, and thus, is not subject to review
under the Order. The rule only implements statutorily required changes
in the definition of ``family'' under the United States Housing Act of
1937.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that this rule does not have a significant
[[Page 5665]]
economic impact on a substantial number of small entities. The rule is
only an implementation of statutory requirements that adjust the way
the term ``family'' is defined.
List of Subjects
24 CFR Part 5
Admnistrative practice and procedure, Grant programs--housing and
community development, Low and moderate income housing, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 812
Low and moderate income housing, Reporting and recordkeeping
requirements.
24 CFR Part 912
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 950
Aged, Energy conservation, Grant programs--housing and community
development, Grant programs--Indians, Indians, Individuals with
disabilities, Low and moderate income housing, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
For the reasons set out in the preamble, 24 CFR parts 5, 812, 912,
950, and 982 are amended, as set forth below:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
1. The authority citation for part 5 continues to read as follows:
Authority: 42 U.S.C. 3535(d).
1. Subparts B and C of part 5 are reserved.
2. A new subpart D to part 5 is added to read as follows:
Subpart D--Definitions and Other General Requirements for
Assistance Under the United States Housing Act of 1937
Sec.
5.400 Applicability.
5.403 Definitions.
5.405 Basic eligibility; preference over single persons; and
housing assistance limitation for single persons.
Authority: 42 U.S.C. 1437a and 3535(d).
Sec. 5.400 Applicability.
This part applies to public housing (other than Indian housing
under 24 CFR part 950) and Section 8 programs.
Sec. 5.403 Definitions.
(a) The terms displaced person, elderly person, near-elderly
person, and person with disabilities are defined at paragraph 3 of
section 3(b) of the 1937 Act (42 U.S.C. 1437a(b)(3)).
(b) In addition to the terms listed in paragraph (a) of this
section, the following definitions apply:
Applicant means a person or a family that has applied for housing
assistance.
Disabled family means a family whose head, spouse, or sole member
is a person with disabilities; or two or more persons with disabilities
living together; or one or more persons with disabilities living with
one or more live-in aides.
Displaced family means a family in which each member, or whose sole
member, is a person displaced by governmental action, or a person whose
dwelling has been extensively damaged or destroyed as a result of a
disaster declared or otherwise formally recognized pursuant to Federal
disaster relief laws.
Elderly family means a family whose head, spouse, or sole member is
a person who is at least 62 years of age; or two or more persons who
are at least 62 years of age living together; or one or more persons
who are at least 62 years of age living with one or more live-in aides.
Family includes but is not limited to:
(1) A family with or without children (the temporary absence of a
child from the home due to placement in foster care shall not be
considered in determining family composition and family size);
(2) An elderly family;
(3) A near-elderly family;
(4) A disabled family;
(5) A displaced family;
(6) The remaining member of a tenant family; and
(7) A single person who is not an elderly or displaced person, or a
person with disabilities, or the remaining member of a tenant family.
Live-in aide means a person who resides with one or more elderly
persons, or near-elderly persons, or persons with disabilities, and
who:
(1) Is determined to be essential to the care and well-being of the
persons;
(2) Is not obligated for the support of the persons; and
(3) Would not be living in the unit except to provide the necessary
supportive services.
Near-elderly family means a family whose head, spouse, or sole
member is a person who is at least 50 years of age but below the age of
62; or two or more persons, who are at least 50 years of age but below
the age of 62, living together; or one or more persons who are at least
50 years of age but below the age of 62 living with one or more live-in
aides.
Sec. 5.405 Basic eligibility; preference over single persons; and
housing assistance limitation for single persons.
(a) Basic eligibility. An applicant must meet all of the
eligibility requirements of the housing assistance for which an
application is made in order to obtain the housing assistance. At a
minimum, the applicant must be a family, and must be income-eligible.
Eligible applicants include single persons who are not elderly persons,
or displaced persons, or persons with disabilities.
(b) Preference over single persons. An applicant that is a one- or
two-person elderly, disabled or displaced family, must be given a
preference over an applicant that is a single person who is not an
elderly or displaced person, or a person with disabilities, regardless
of the applicant's Federal or local preferences.
(c) Housing assistance limitation for single persons. A single
person who is not an elderly or displaced person, or a person with
disabilities, or the remaining member of a tenant family may not be
provided:
(1) For public housing and other project-based assistance, a
housing unit with two or more bedrooms; or
(2) For tenant-based assistance, housing assistance for which the
family unit size exceeds the one-bedroom level.
(d) This section shall not apply to the Section 8 Moderate
Rehabilitation Program for Single Room Occupancy Dwellings for Homeless
Individuals set forth at 24 CFR part 882, subpart H.
PART 812--DEFINITION OF FAMILY AND OTHER RELATED TERMS; OCCUPANCY
BY SINGLE PERSONS
3. The authority citation for part 812 continues to read as
follows:
Authority: 42 U.S.C. 1436a, 1437a, and 3535(d).
Subpart A--[Removed and Reserved]
4. Subpart A of part 812 is removed and reserved.
5. In Sec. 812.5, paragraphs (a) and (b) are redesignated as
paragraphs (b) and (c), respectively, and a new paragraph (a) is added,
to read as follows:
Sec. 812.5 General.
(a) Definitions. In addition to the definitions that appear at
paragraph 3 of section 3(b) of the United States
[[Page 5666]]
Housing Act of 1937 (the 1937 Act) (42 U.S.C. 1437a(b)(3)) and part 5
of this title, the following definitions apply to this subpart:
Child. A member of the family, other than the family head or
spouse, who is under 18 years of age.
Citizen. A citizen or national of the United States.
Evidence of citizenship or eligible immigration status. The
documents which must be submitted to evidence citizenship or eligible
immigration status. (See Sec. 812.6(b).)
HA. A housing authority--both a public housing agency and an Indian
housing authority.
Head of household. The adult member of the family who is the head
of the household for purposes of determining income eligibility and
rent.
INS. The U.S. Immigration and Naturalization Service.
Mixed family. A family whose members include those with citizenship
or eligible immigration status, and those without citizenship or
eligible immigration status.
National. A person who owes permanent allegiance to the United
States, for example, as a result of birth in a United States territory
or possession.
Noncitizen. A person who is neither a citizen nor national of the
United States.
Responsible entity. The person or entity responsible for
administering the restrictions on providing assistance to noncitizens
with ineligible immigration status:
(1) For the Section 8 Rental Certificate, the Section 8 Rental
Housing Voucher, and the Section 8 Moderate Rehabilitation programs,
the housing authority (HA) administering the program under an ACC with
HUD.
(2) For all other Section 8 programs, the owner.
Section 214. Section 214 of the Housing and Community Development
Act of 1980, as amended (42 U.S.C. 1436a). Section 214 restricts HUD
from making financial assistance available for noncitizens unless they
meet one of the categories of eligible immigration status specified in
Section 214.
Section 214 covered programs. Programs to which the restrictions
imposed by Section 214 apply are programs that make available financial
assistance pursuant to the United States Housing Act of 1937 (42 U.S.C.
1437-1440), Section 235 or Section 236 of the National Housing Act (12
U.S.C. 1715z and 1715z-1) and Section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s).
* * * * *
PART 912--DEFINITION OF FAMILY AND OTHER RELATED TERMS; OCCUPANCY
BY SINGLE PERSONS
6. The authority citation for part 912 continues to read as
follows:
Authority: 42 U.S.C. 1436a, 1437a, and 3535(d).
Subpart A--[Removed and Reserved]
7. Subpart A of part 912 is removed and reserved.
8. In Sec. 912.5, paragraphs (a) and (b) are redesignated as
paragraphs (b) and (c), respectively, and a new paragraph (a) is added,
to read as follows:
Sec. 912.5 General.
(a) Definitions. In addition to the definitions that appear at
paragraph 3 of section 3(b) of the United States Housing Act of 1937
(the 1937 Act) (42 U.S.C. 1437a(b)(3)) and part 5 of this title, the
following definitions apply to this subpart:
Child. A member of the family, other than the family head or a
spouse, who is under 18 years of age.
Citizen. A citizen or national of the United States. Evidence of
citizenship or eligible immigration status. The documents which must be
submitted to evidence citizenship or eligible immigration status (see
Sec. 912.6(b)).
Head of household. The adult member of the family who is the head
of the household for purposes of determining income eligibility and
rent.
Mixed family. A family whose members include those with citizenship
or eligible immigration status, and those without citizenship or
eligible immigration status.
National. A person who owes permanent allegiance to the United
States, for example, as a result of birth in a United States territory
or possession.
Noncitizen. A person who is neither a citizen nor national of the
United States.
Section 214. Section 214 of the Housing and Community Development
Act of 1980, as amended (42 U.S.C. 1436a). Section 214 restricts HUD
from making financial assistance available for noncitizens unless they
meet one of the categories of eligible immigration status specified in
Section 214.
Section 214 covered programs. Programs to which the restrictions
imposed by Section 214 apply are programs that make available financial
assistance pursuant to the United States Housing Act of 1937 (42 U.S.C.
1437-1440), Section 235 or Section 236 of the National Housing Act (12
U.S.C. 1715z and 1715z-1) and Section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s).
* * * * *
PART 950--INDIAN HOUSING PROGRAMS
9. The authority citation for part 950 continues to read as
follows:
Authority: 25 U.S.C. 450e(b); 42 U.S.C. 1437aa-1437ee, and
3535(d).
10. In Sec. 950.102, the definition of Applicant is added in
alphabetical order, to read as follows:
Sec. 950.102 Definitions.
* * * * *
Applicant means a person or a family that has applied for admission
to a housing program under this part 950.
* * * * *
11. In Sec. 950.301, paragraph (d) is revised, and a new paragraph
(g) is added, to read as follows:
Sec. 950.301 Admission policies.
* * * * *
(d) Preference over single persons. An applicant that is a one or
two person elderly, disabled or displaced family, must be given a
preference over an applicant that is a single person who is not an
elderly or displaced person, or a person with disabilities, regardless
of the applicant's Federal or local preferences.
* * * * *
(g) Housing assistance limitation for single persons. A single
person who is not an elderly or displaced person, or a person with
disabilities, or the remaining member of a tenant family may not be
provided a housing unit with two or more bedrooms.
12. In Sec. 950.303, paragraph (b)(1)(ii) is revised to read as
follows:
Sec. 950.303 Selection preferences.
* * * * *
(b) * * *
(1) * * *
(ii) Singles preference. See Sec. 950.301(d).
* * * * *
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM
13. The authority citation for part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
14. In Sec. 982.207, paragraph (d) is revised, to read as follows:
[[Page 5667]]
Sec. 982.207 Waiting list: Use of preferences.
* * * * *
(d) Primary preference. An HA must give preference to an applicant
that is a one or two person elderly, disabled or displaced family over
an applicant that is a single person who is not elderly, disabled, or
displaced, regardless of the applicant's Federal or local preferences.
* * * * *
Dated: December 15, 1995.
Henry G. Cisneros,
Secretary.
[Note: The following appendix will not appear in the Code of Federal
Regulations.]
Appendix--Definitions and Other General Requirements for Assistance
Under the United States Housing Act of 1937
Section
1. Purpose.
2. Definitions
3. Eligibility; preferences; and unit size limitations.
1. Purpose.
The purpose of this guide is to present, in a single document, the
statutory and regulatory definitions and other general requirements
that apply to public and Indian housing and section 8 assistance under
the United States Housing Act of 1937 (the 1937 Act). Although it
presents the regulatory and statutory requirements in a combined
format, this guide is a secondary source for these requirements. The
Code of Federal Regulations (CFR), at 24 CFR, is the primary, governing
source for regulatory requirements, and the 1937 Act is the primary,
governing source for statutory requirements.
2. Definitions
The following definitions apply with respect to public housing and
Section 8 housing assistance under the 1937 Act:
Applicant means a person or a family that has applied for housing
assistance.
Disabled family means a family whose head, spouse, or sole member
is a person with disabilities; or two or more persons with disabilities
living together; or one or more persons with disabilities living with
one or more live-in aides.
Displaced family means a family in which each member, or whose sole
member, is a person displaced by governmental action, or a person whose
dwelling has been extensively damaged or destroyed as a result of a
disaster declared or otherwise formally recognized pursuant to Federal
disaster relief laws.
Displaced person means a person displaced by governmental action,
or a person whose dwelling has been extensively damaged or destroyed as
a result of a disaster declared or otherwise formally recognized
pursuant to Federal disaster relief laws.
Elderly family means a family whose head, spouse, or sole member is
a person who is at least 62 years of age; or two or more persons who
are at least 62 years of age living together; or one or more persons
who are at least 62 years of age living with one or more live-in aides.
Elderly person means a person who is at least 62 years of age.
Family includes but is not limited to:
(a) A family with or without children (the temporary absence of a
child from the home due to placement in foster care shall not be
considered in determining family composition and family size);
(b) An elderly family;
(c) A near-elderly family;
(d) A disabled family;
(e) A displaced family;
(f) The remaining member of a tenant family; and
(g) A single person who is not an elderly or displaced person, or a
person with disabilities, or the remaining member of a tenant family.
Live-in aide means a person who resides with one or more elderly
persons, or near-elderly persons, or persons with disabilities, and
who:
(a) Is determined to be essential to the care and well-being of the
persons;
(b) Is not obligated for the support of the persons; and
(c) Would not be living in the unit except to provide the necessary
supportive services.
Near-elderly family means a family whose head, spouse, or sole
member is a person who is at least 50 years of age but below the age of
62; or two or more persons, who are at least 50 years of age but below
the age of 62, living together; or one or more persons who are at least
50 years of age but below the age of 62 living with one or more live-in
aides.
Near-elderly person means a person who is at least 50 years of age
but below the age of 62.
Person with disabilities includes the term disabled person and
means a person who:
(a) Has a disability as defined in section 223 of the Social
Security Act;
(b) Has a physical, mental, or emotional impairment that:
(1) Is expected to be of long-continued and indefinite duration;
(2) Substantially impedes his or her ability to live independently;
and
(3) Is of such a nature that such ability could be improved by more
suitable housing conditions; or
(c) Has a developmental disability as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6001(5)).
The term ``person with disabilities'' does not exclude persons who
have the disease of acquired immunodeficiency syndrome or any
conditions arising from the etiologic agent for acquired
immunodeficiency syndrome.
3. Basic eligibility; preference over single persons; and housing
assistance limitation for single persons.
(a) Basic eligibility. An applicant must meet all of the
eligibility requirements of the housing assistance for which an
application is made in order to obtain the housing assistance. At a
minimum, the applicant must be a family, and must be income-eligible.
Eligible applicants include single persons who are not elderly persons,
or displaced persons, or persons with disabilities.
(b) Preference over single persons. An applicant that is a one or
two person elderly, disabled or displaced family, must be given a
preference over an applicant that is a single person who is not an
elderly or displaced person, or a person with disabilities, regardless
of the applicant's Federal or local preferences.
(c) Housing assistance limitation for single persons. A single
person who is not an elderly or displaced person, or a person with
disabilities, or the remaining member of a tenant family may not be
provided:
(1) For public housing and other project-based assistance, a
housing unit with two or more bedrooms, or
(2) For tenant-based assistance, housing assistance for which the
family unit size exceeds the one bedroom level.
(d) This section shall not apply to the Section 8 Moderate
Rehabilitation Program for Single Room Occupancy Dwellings for Homeless
Individuals set forth at 24 CFR part 882, subpart H.
[FR Doc. 96-3101 Filed 2-12-96; 8:45 am]
BILLING CODE 4210-32-P
Complete official Federal Register PDF
FR Doc. 96-3097 National Historical Publications and Records Commission; Grant Program Procedures
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5656-5660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3097]
[[Page 5655]]
_______________________________________________________________________
Part IV
National Archives and Records Administration
_______________________________________________________________________
36 CFR Parts 1206 and 1210
National Historical Publications and Records Commission, Grant Program
Procedures; Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations; Final Rules
Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 /
Rules and Regulations
[[Page 5656]]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1206
[RIN 3095-AA43]
National Historical Publications and Records Commission; Grant
Program Procedures
AGENCY: National Archives and Records Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Archives and Records Administration (NARA) is
updating and clarifying current regulations in 36 CFR Part 1206
relating to the National Historical Publications and Records Commission
(NHPRC) grant program. In particular, language has been revised to
reflect an internal reorganization; to address revisions to the state
historical records coordinator and advisory board program; to include
mention of archival administration and documentary editing fellowships
for individuals; to include prior approval requirements for changes in
the grant project; to cite government-wide requirements for grant
administration and audit; and to make grantees aware of the lobbying
certification requirement for grants of $100,000 or more. The rule will
affect NHPRC applicants and grantees.
EFFECTIVE DATE: This rule is effective March 14, 1996.
FOR FURTHER INFORMATION CONTACT: Nancy Sahli at 202-501-5603.
SUPPLEMENTARY INFORMATION: On September 8, 1995, NARA published a
notice of proposed rulemaking in the Federal Register at 60 FR 46798.
Twelve comments were received on the proposed rule. Eight of the
comments were favorable and recommended adoption of the rule in its
existing form. Four comments recommended changes or modifications to
the rule which have been addressed as follows:
Two commenters associated with State archival organizations
suggested that the sentence in Sec. 1206.36 dealing with appointment of
State historical agency officials other than the State archivist be
clarified. Their concern was that the current wording might result in
the required addition of numerous officials of State historical
agencies to the State historical records advisory boards, thereby
making the boards unwieldy in size. The wording of the sentence has
been changed to read as follows: ``If the State has another state-
funded historical agency or agencies with archival and/or records
responsibilities, the official(s) in charge of at least one of these
shall be a member of the State historical records advisory board
(board).''
One commenter, director of a State Department of Archives and
History, suggested a modification to the language in Sec. 1206.38(a),
regarding the designation of the State historical records advisory
board chair, to accommodate boards operating under state statutes that
specify that a chair should be elected. The wording of the sentence in
question has been changed to read as follows: ``Each State desiring to
participate in the program shall define an appointment process and
appoint a State historical records advisory board consisting of at
least seven members, including the State historical records
coordinator, who chairs the board, unless otherwise specified in state
statute.''
The Territorial Archivist of American Samoa had two suggestions.
First, he recommended that the term ``international'' be added to
language in Sec. 1206.2(f) to accommodate projects needing to involve
state or territorial records held by countries outside the United
States. We believe that his recommended wording change is better placed
in Sec. 1206.2(g) and have changed the wording of the first sentence to
encompass activities of the type he has in mind: ``The term national
projects means records projects involving records or activities in
several regions, in widely separated States, or that have an
international component.''
His second suggestion aimed at broadening the options for matching
funds as described in Sec. 1206.50(c) by adding the word ``old.'' We
believe that the same purpose is served by eliminating the word ``new''
that currently exists in the first sentence in the section. State and
local government grantees would still be required to demonstrate that
matching funds had been provided above and beyond funds previously
allocated or planned for the agency's budget and that the funds are set
aside exclusively to support the NHPRC grant. The revised sentence
would read as follows: ``An application for a matching grant should be
made when an applicant has prospects of securing financial support from
a third party, or, in the case of a State or local government agency,
funds from the institution's own appropriation source are provided
expressly for the project proposed in the application.''
In addition to these changes suggested by commenters, NARA has
replaced references to OMB Circular A-110, ``Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations'' with
references to NARA's regulations in 36 CFR part 1210 that implement
that Circular. These NARA regulations were published as an interim
final rule on October 16, 1995, at 60 FR 53514. A final rule confirming
the interim rule without change is published in today's Federal
Register.
The information collections contained in this final rule have been
approved by the Office of Management and Budget under the Paperwork
Reduction Act. This final rule has not been reviewed by the Office of
Management and Budget under Executive Order 12866 of September 30,
1993. As required by the Regulatory Flexibility Act, it is hereby
certified that this rule will not have a significant impact on small
entities.
List of Subjects in 36 CFR Part 1206
Grant programs--Archives and records, Grant administration.
For the reasons set forth in the preamble, Part 1206 of Title 36 of
the Code of Federal Regulations is amended as follows:
PART 1206--NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
1. The authority citation of part 1206 continues to read as
follows:
Authority: 44 U.S.C. 2104(a); 44 U.S.C. 2501-2506.
2. Section 1206.1 is revised to read as follows:
Sec. 1206.1 Scope of part.
This part prescribes the procedures and rules governing the
operation of the grant program of the National Historical Publications
and Records Commission.
3. Section 1206.2 is amended by revising paragraphs (e), (f), and
(g) to read as follows:
Sec. 1206.2 Definitions.
* * * * *
(e) The term State projects means records projects directed by
organizations operating within and involving records or activities
within one State. Records or activities of such projects will typically
be under the administrative control of the organization applying for
the grant. The records or activities need not relate to the history of
the State.
(f) The term regional projects means records projects involving
records or activities in more than one State in a region. Regional
projects include those undertaken by regional archival groups or
consortia.
(g) The term national projects means records projects involving
records or
[[Page 5657]]
activities in several regions, in widely separated States, or that have
an international component. In general, the location of the records
and/or the site of grant-funded activities will determine the category
of submission.
4. Section 1206.6 is revised to read as follows:
Sec. 1206.6 The Commission's Grant Program.
The Commission operates primarily through a grant program
supporting publications projects (subpart B) and records projects
(subpart C). Fellowships for individuals in archival administration and
documentary editing are also offered, as well as an annual institute
for the editing of historical documents.
5. Section 1206.7 is added to subpart A to read as follows:
Sec. 1206.7 Organization.
The Executive Director, Program Director, and the staff of the
Commission administer the publications and records grants under the
guidance of the Commission and the immediate administrative direction
of its chairman, the Archivist of the United States.
6. Section 1206.10 is revised to read as follows:
Sec. 1206.10 General.
This subpart describes the scope, purpose, and operation of that
part of the grant program relating to publications projects and
prescribes requirements applicable to printed, microform, and
electronic publication projects. Grant application and administration
procedures are given in subpart D of this part.
7. Section 1206.12 is revised to read as follows:
Sec. 1206.12 Scope and purpose.
Publications projects are intended to ensure the dissemination and
accessibility of documentary source material important to the study and
understanding of U.S. history. Projects should therefore be based upon
material of widespread interest among scholars, students, and informed
citizens. Documents should have historical value and interest that
transcend local and State boundaries.
Sec. 1206.14 [Removed]
8. Section 1206.14 is removed.
9. Section 1206.16 is revised to read as follows:
Sec. 1206.16 Project requirements.
(a) Each publications project shall include either the papers of a
U.S. leader in a significant phase of life in the United States or
documents relating to some outstanding event or to some topic or theme
of national significance in U.S. history. These projects shall consist
of collecting, compiling, editing, and publishing, either selectively
or comprehensively, the papers or documents. Publication may be in the
form of printed, microform, or electronic editions. Electronic formats
for publication of documentary sources will be considered only when
suitable preservation of the data can be assured. Three copies of each
book publication should be deposited with the National Historical
Publications and Records Commission (NHPRC), Washington, DC 20408.
These copies may be included as part of the five complimentary copies
to be sent by presses receiving subvention grants.
(b) For microform projects, the grantee shall make positive prints
and all finding aids available to institutions, scholars, or students
through interlibrary loan and for purchase. Five complimentary copies
of guides and indexes produced by the projects shall be sent to the
Commission.
10. In Sec. 1206.18, paragraphs (a) and (c) are revised to read as
follows:
Sec. 1206.18 Subsidies for printing costs.
(a) The Commission will consider grant applications from university
and other nonprofit presses for the subvention of part of the costs of
manufacturing and disseminating volumes that have been formally
endorsed by the Commission. Grants not exceeding $10,000 per volume
($3,000 for reprints) are awarded upon recommendation of the Commission
to promote the availability of Commission-supported documentary
editions.
* * * * *
(c) The Commission shall receive five complimentary copies of each
published volume for which a subvention grant is made.
11. Section 1206.20 is revised to read as follows:
Sec. 1206.20 Microform publication standards.
Technical standards for NHPRC-sponsored microform projects are
stated in the brochure ``National Historical Publications and Records
Commission: Microform Guidelines,'' which will be supplied to
applicants upon request and to grantee institutions at the time a grant
is made for a microform project.
12. Section Sec. 1206.30 is revised to read as follows:
Sec. 1206.30 General.
This subpart describes the scope, purpose, and operation of that
part of the grant program relating to records projects. Grant
application and administration procedures are given in subpart D of
this part.
13. Section 1206.32 is revised to read as follows:
Sec. 1206.32 Scope and purpose.
Through its support for records projects, the National Historical
Publications and Records Commission encourages a greater effort at all
levels of government and by private organizations to preserve and make
available for use those records, generated in every facet of life, that
further an understanding and appreciation of U.S. history. In the
public sector, these historical records document significant activities
of State, county, municipal, and other units of government. In the
private sector, historical records include manuscripts, personal
papers, and family or corporate archives that are maintained by a
variety of general repositories as well as materials in special
collections relating to particular fields of study, including the arts,
business, education, ethnic and minority groups, immigration, labor,
politics, professional services, religion, science, urban affairs, and
women. In addition to recommending the supporting of projects relating
directly to a body of records, the Commission may also recommend
support for projects to advance the state of the art, to promote
cooperative efforts among institutions and organizations, and to
improve the knowledge, performance, and professional skills of those
who work with historical records.
Sec. 1206.34 [Removed]
14. Section 1206.34 is removed.
15. Section 1206.36 is revised to read as follows:
Sec. 1206.36 State historical records coordinator.
(a) The governor of each State desiring to participate fully in the
program shall appoint a State historical records coordinator
(coordinator), who shall be the full-time professional official in
charge of the State archival program or agency. If the State has
another state-funded historical agency or agencies with archival and/or
records responsibilities, the official(s) in charge of at least one of
these shall be a member of the State historical records advisory board
(board). The coordinator is appointed to a minimum four-year term, but
may continue to serve until replaced by the governor or until
resignation. The coordinator shall serve as chair of the board and
shall be the central coordinating officer for the historical records
grant program in the
[[Page 5658]]
State. The person appointed will not be deemed to be an official or
employee of the Federal Government and will receive no Federal
compensation for such service. The pamphlet ``Guidelines for State
Historical Records Coordinators and State Historical Records Advisory
Boards,'' which is available from the Commission and from State
historical records coordinators, provides further information on the
role of the coordinator.
(b) In the event of the resignation of the coordinator or other
inability to serve, a deputy coordinator, if one has been designated,
will serve as acting State coordinator until the governor makes an
appointment. In the absence of a deputy coordinator, the NHPRC will
recognize an acting coordinator, selected by the state board, who shall
serve until the governor appoints a coordinator in order to conduct the
necessary business of the board.
16. Section 1206.38 is revised to read as follows:
Sec. 1206.38 State historical records advisory board.
(a) Each State desiring to participate in the program shall define
an appointment process and appoint a State historical records advisory
board consisting of at least seven members, including the State
historical records coordinator, who chairs the board, unless otherwise
specified in state statute. The coordinator shall provide the
Commission with a description of the appointment process. A majority of
the members shall have recognized experience in the administration of
government records, historical records, or archives. The board should
be as broadly representative as possible of the public and private
archives, records offices, and research institutions and organizations
in the State. Board members will not be deemed to be officials or
employees of the Federal Government and will receive no Federal
compensation for their service on the board. They are appointed for
three years with the possibility of renewal; and preferably terms are
staggered so that one-third of the board is newly appointed or
reappointed each year. If the board is not established in State law,
members' terms continue until replacements are appointed. The board may
adopt standards for attendance and may declare membership positions
open if those standards are not met.
(b) The board is the central advisory body for historical records
planning and for Commission-funded projects developed and carried out
within the State. The board serves as a coordinating body to facilitate
cooperation among historical records repositories and other information
agencies within the state and as a state-level review body for grant
proposals as defined in the Commission's guidelines. Specifically, the
board may perform such duties as sponsoring and publishing surveys of
the conditions and needs of historical records in the State; soliciting
or developing proposals for projects to be carried out in the State
with NHPRC grants; reviewing proposals by institutions in the State and
making recommendations about these to the Commission; developing,
revising, and submitting to the Commission State priorities for
historical records projects following guidelines developed by the
Commission; promoting an understanding of the role and value of
historical records; acting in an advisory capacity to the state
archives and other statewide archival or records agencies; and
reviewing, through reports and otherwise, the operation and progress of
projects in the State financed by NHPRC grants.
17. In Sec. 1206.50, paragraph (c) is revised to read as follows:
Sec. 1206.50 Types of grants.
* * * * *
(c) Matching grants. An application for a matching grant should be
made when an applicant has prospects of securing financial support from
a third party or, in the case of a State or local government agency,
funds from the institution's own appropriation source are provided
expressly for the project proposed in the application. Upon Commission
approval of a matching grant request, the applicant shall present
written documentation certifying that matching funds have been provided
for the project by the non-Federal source. In the case of a State or
local government agency, the matching requirement may also be met
through matching funds from the State or local government, provided
that it can be demonstrated to the Commission's satisfaction that the
matching amount has been provided above and beyond funds previously
allocated or planned for the agency's budget and that the funds are set
aside exclusively to support the project proposed for an NHPRC grant.
Applicants need not, however, have money in hand to make a matching
grant request; they need only assure the Commission that they have
reasonable prospects of obtaining the needed amounts.
* * * * *
18. Section 1206.52 is revised to read as follows:
Sec. 1206.52 Grant limitations.
Grant limitations are described in the grant program guidelines
pamphlet, available on request from the Commission.
19. Section 1206.54 is revised to read as follows:
Sec. 1206.54 Who may apply.
The Commission will consider applications from State and local
government agencies, nonprofit organizations and institutions,
Federally acknowledged or state-recognized Native American tribes or
groups, and, under certain conditions, from individuals. Proposals for
State projects falling under the Commission's goals, ``To Assure the
Preservation of the Nation's Documentary Heritage through State
Collaborative Efforts'' and ``To Achieve Progress in the Preservation
and Use of Original Source Material,'' as defined in the grant program
guidelines, will be accepted only from applicants in States in which a
State historical records coordinator and a State historical records
advisory board are currently appointed. This requirement does not apply
to regional or national projects.
20. Section 1206.56 is revised to read as follows:
Sec. 1206.56 When to apply.
Grant proposals are considered during Commission meetings held
three times during the year. For current application deadlines contact
the grant program staff or State historical records coordinators (for
records grant proposals). Some State boards have established pre-
submission review deadlines for records proposals; further information
is available from State coordinators.
21. In Sec. 1206.58, paragraphs (b), (c), and (d) are revised to
read as follows:
Sec. 1206.58 How to apply.
* * * * *
(b) Application forms. Applicants for NHPRC grants shall use
Standard Form 424, Application for Federal Assistance, and NA Form
17001, Budget Form (OMB Control Number 3095-0004). Applicants for
subvention grants also submit the NHPRC subvention grant application
(OMB Control Number 3095-0021), and applicants for archival
administration fellowship host institution grants submit a special
application (OMB Control Number 3095-0015). Applicants for NHPRC-
sponsored fellowships complete the appropriate fellowship application
[[Page 5659]]
(OMB Control Numbers 3095-0011, 3095-0012, or 3095-0014). Copies of
these applications and forms are available from the commission. Project
proposals and related correspondence should be sent to the National
Historical Publications and Records Commission (NHPRC), Washington, DC
20408.
(c) Assurances and certifications. All grant applications to the
Commission must include the following assurances and certifications
signed by an authorized representative of the applicant institution, or
in the case of an individual applicant, by that individual: Standard
Form 424B, Assurances: Non-Construction Programs; the Certification
Regarding Debarment, Suspension, and Other Responsibility Matters
specified in part 1209, appendix B; the Certification Regarding Drug-
free Workplace Requirements specified in part 1209, appendix C, of this
chapter; and, if the application requests more than $100,000 in Federal
funds, a signed Certification for Grants, Loans, or Cooperative
Agreements in Excess of $100,000 (certification regarding lobbying).
Assurance and certification language is included in the program
pamphlet.
(d) Program guidelines pamphlet. Supplementary information for
applicants is contained in the pamphlet, ``Program Guidelines:
Applications and Grants,'' which is available from the Commission upon
request. The pamphlet is also available from State historical records
coordinators. This pamphlet includes copies of the application form and
certifications, guidelines on the preparation of project budgets and
program narrative statements, and other guidance on applying for and
administering NHPRC grants. OMB Control Number 3095-0013 has been
assigned to this information collection.
22. In Sec. 1206.66, paragraphs (b) and (c) are revised to read as
follows:
Sec. 1206.66 Review and evaluation of grant proposals.
* * * * *
(b) Publications grant proposals. The Commission staff reviews
publications grant proposals for completeness, conformity with
application requirements, and relevance to the objectives of the grant
program. Proposals are sent to specialists in American history and
documentary editing for review and recommendations. The recommendations
are considered by the full Commission at regular meetings.
(c) Subvention grant applications. The Commission staff reviews
subvention grant applications to ensure their adherence to established
technical standards for the production of printed volumes, particular
in the quality of paper and ink. Staff recommendations are considered
by the full Commission at regular meetings.
* * * * *
23. Section 1206.68 is revised to read as follows:
Sec. 1206.68 Grant administration responsibilities.
Primary responsibility for the administration of grants is shared
by the grantee institution and the project director designated by the
institution. In the case of grants made to individuals, the individual
named as project director has primary responsibility for the
administration of the grant. Grants shall be administered in
conformance with either the regulations in part 1210 of this chapter
or, in the case of State and local governments, with the regulations in
part 1207 of this chapter. All grants shall be in conformance with part
1209 of this chapter.
(a) Changes in the grant project:
(1) Extension of the grant period. Requests for extension of the
grant period must be made before the end of the grant period and must
be signed by the grantee institution's authorized representative as
indicated on the grant application form (SF 424). No extensions will be
allowed unless grantees are up-to-date in their submission of financial
and narrative reports.
(2) Rebudgeting. To meet unanticipated program needs, grantees may
adjust the amounts allocated to existing budget lines for both grant
funds and cost sharing and may transfer grant funds among existing
NHPRC-funded direct cost categories that appear in the final project
budget approved by the Commission at the time of the grant award. Cost-
sharing funds may also be shifted among existing cost-sharing
categories. For grants where the NHPRC's award is less than $100,000,
grantees may make these transfers without NHPRC approval. When
Commission grant awards are for $100,000 or more, grantees must obtain
prior approval from the NHPRC when cumulative transfers among direct
cost categories total more than 10 percent of the total project budget
(i.e., grant funds plus other funds). In addition, the Program Director
of the Commission may approve the use of NHPRC grant funds for new cost
categories for which Commission funds were not provided in the final
approved budget where such action seems appropriate for the fulfillment
of the original purposes of the grant and where the amount of funds
involved does not exceed 10 percent of the amount of the award or
$5,000, whichever is less. Requests to establish these new cost
categories must be made in writing and signed by the grantee
institution's authorized representative. Requests that exceed this
limit are subject to approval by the full Commission.
(3) Other changes requiring prior approval. Prior written approval
from the Commission must be obtained for financial or programmatic
changes in all cases involving the following: revision of the scope or
objectives of the project; change of the project director or other key
project personnel who have been specifically named in the grant
application or award or related correspondence; and, contracting out,
subgranting, or otherwise obtaining the services of a third party to
perform activities central to the purposes of the grant, unless
specified in the grant proposal.
(b) Submission of requests for changes. All requests for approval
of budget or programmatic changes must be submitted in the form of a
letter signed by the grantee institution's authorized representative
for the grant and addressed to the Program Director. A written response
signed by the Program Director of the Commission will constitute
approval for the changes.
24. Section 1206.78 is revised to read as follows:
Sec. 1206.78 Grant reports.
(a) Financial status reports and narrative progress reports are
required for all grants. Standard Form 269, Financial Status Report,
shall be used for all financial reports. The pamphlet, ``Program
Guidelines: Applications and Grants,'' which is provided to each
grantee and is available from the Commission on request, specifies the
content of the narrative progress reports (OMB Control Number 3095-
0013).
(b) Financial reports are due annually 30 days after the end of
each reporting period. Narrative progress reports are due 30 days after
the end of each six-month period. Final financial and narrative reports
are due within 90 days after the expiration or termination of the grant
period. Grants with a duration of six months or less require a final
report only. Additional rules on financial and performance reports are
found in Secs. 1210.51 and 1210.52 or Secs. 1207.40 and 1207.41 of this
chapter, as appropriate.
25. Section 1206.79 is added to read as follows:
[[Page 5660]]
Sec. 1206.79 Audits.
Grantees are responsible for obtaining audits in accordance with
either the Single Audit Act of 1984 (31 U.S.C. 7501-7), for which audit
requirements have been set forth in Office of Management and Budget
(OMB) Circular A-128, ``Audits of State and Local Governments,'' or
requirements established under OMB Circular A-133, ``Audits of
Institutions of Higher Education and Other Nonprofit Organizations,''
as appropriate. Copies are available from the Commission office or from
OMB. The grantee is responsible for ensuring that the NHPRC receives a
copy of the audit report for any audit performed during the grant
period or for three years thereafter. A reasonable portion of grant
funds, as defined in the OMB Circular, may be used to comply with audit
requirements. The Commission prefers that the grantee assume such costs
as institutional cost sharing.
26. Section 1206.94 is revised to read as follows:
Sec. 1206.94 Compliance with Governmentwide requirements.
In addition to the grant application and grant administration
requirements outlined in this part 1206, grantees are responsible for
complying with applicable Governmentwide requirements contained in part
1210 or part 1207 of this chapter, as appropriate, and part 1209 of
this chapter.
Dated: February 6, 1996.
John W. Carlin,
Archivist of the United States.
[FR Doc. 96-3097 Filed 2-12-96; 8:45 am]
BILLING CODE 7515-01-P
Complete official Federal Register PDF
FR Doc. 96-3096 Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Page 5660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3096]
=======================================================================
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1210
RIN 3095-AA43
Uniform Administrative Requirements for Grants and Agreements
With Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations
AGENCY: National Archives and Records Administration.
ACTION: Final rule; confirmation of interim final rule.
-----------------------------------------------------------------------
SUMMARY: The National Archives and Records Administration (NARA) is
adopting as a final rule the interim final rule establishing
regulations incorporating the revised OMB Circular A-110, ``Uniform
Administrative Requirements for Grants and Agreements With Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations.''
These regulations apply to grants administered by the National
Historical Publications and Records Commission (NHPRC). The regulation
provides standards for obtaining consistency and uniformity in the
administration of grants and agreements with institutions of higher
education, hospitals, and other non-profit organizations.
EFFECTIVE DATE: This rule is effective November 15, 1995.
FOR FURTHER INFORMATION CONTACT: Nancy Sahli or Nancy Copp at (202)
501-5603.
SUPPLEMENTARY INFORMATION: On October 16, 1995 at 60 FR 53514, NARA
published an interim final rule that incorporates and reflects the
provisions of the Office of Management and Budget (OMB) Circular A-110
in a new 36 CFR part 1210. A 60-day comment period was provided. No
written comments were received. Accordingly, the interim rule is
adopted as a final rule without change.
This rule is a significant regulatory action for purposes of
Executive Order 12866 of September 30, 1993, and was reviewed by the
Office of Management and Budget before publication as an interim final
rule. As required by the Regulatory Flexibility Act, it is hereby
certified that this rule will not have a significant impact on small
entities.
List of Subjects in 36 CFR Part 1210
Accounting, Administrative practice and procedure, Grant programs,
Grants administration, Insurance, Reporting and recordkeeping
requirements.
Accordingly, under the authority of 44 U.S.C. 2104(a), the interim
final rule published at 60 FR 53514 adding 36 CFR part 1210 is adopted
as final without change.
Dated: February 6, 1996.
John W. Carlin,
Archivist of the United States.
[FR Doc. 96-3096 Filed 2-12-96; 8:45 am]
BILLING CODE 7515-01-P
Complete official Federal Register PDF
FR Doc. 96-3084 Approval and Promulgation of Implementation Plans; Illinois
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5511-5513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3084]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL106-1-6707a; FRL-5411-3]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On May 5, 1995, and May 26, 1995, the State of Illinois
submitted a State Implementation Plan (SIP) revision request to the
United States Environmental Protection Agency (USEPA) tightening
existing rules for certain surface coating operations, as part of the
State's 15 percent (%) Rate of Progress (ROP) plan control measures for
Volatile Organic Matter (VOM) emissions. VOM, as defined by the State
of Illinois, is identical to ``volatile organic compounds'' (VOC), as
defined by USEPA. VOC is one of the air pollutants which combine on hot
summer days to form ground-level ozone, commonly known as smog. Ozone
pollution is of particular concern because of its harmful effects upon
lung tissue and breathing passages. ROP plans are intended to bring
areas which have been exceeding the public health based Federal ozone
air quality standard closer toward the goal of reaching and maintaining
attainment with this standard. Illinois expects the control measures
specified in this surface coating SIP revision will reduce VOM
emissions by 10.16 tons per day (TPD) in the Chicago area and 0.39 TPD
in the Metro-East St. Louis area. The tightened rules lower the VOM
content limit for certain types of coatings used by industries to apply
to cans, paper, coil, fabric, vinyl, metal furniture, large appliances,
and miscellaneous parts and products. Compliance with the rules can be
met through using compliant coatings, add-on control equipment, or
through a new method known as cross-line averaging.
DATES: The ``direct final'' is effective on April 15, 1996, unless
USEPA receives adverse or critical comments by March 14, 1996. If the
effective date is delayed, timely notice will appear in the Federal
Register.
ADDRESSES: Copies of the revision request and USEPA's analysis
(Technical Support Document) are available for inspection at the
following address:
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is
recommended that you telephone Mark J. Palermo at (312) 886-6082
before visiting the Region 5 Office.)
Written comments should be sent to:
J. Elmer Bortzer, Chief, Regulation Development Section, Regulation
Development Branch (AR-18J), U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
On September 9, 1994, the USEPA approved an Illinois SIP revision
which was submitted on September 11, 1991, and March 15, 1993, in order
to correct deficiencies in the State's VOM Reasonably Available Control
Technology (RACT) rules. Part of this SIP revision included regulations
found in subpart F of Parts 218 and 219 of the 35 Illinois
Administrative Code (IAC), which established State VOM RACT
requirements for surface coating operations in the Chicago and Metro-
East ozone nonattainment areas, and which replaced part of the Chicago
Federal Implementation Plan (FIP).
Section 182(b)(1) of the Clean Air Act (the Act) requires all
moderate and above ozone nonattainment areas to achieve a 15% reduction
of 1990 emissions of VOC (VOM) by 1996. In Illinois, the Chicago area
is classified as ``severe'' nonattainment for ozone, while the Metro-
East area is classified as ``moderate'' nonattainment. As such, these
areas are subject to the 15% ROP requirement.
In order to meet this requirement, the State of Illinois has to
adopt and submit as SIP revisions several post-1990 control measures to
meet the 15% VOM reductions. One of the control measures Illinois has
decided to implement is to tighten existing VOM emission limits
contained in subpart F of Parts 218 and 219 for certain surface coating
operations in the Chicago and Metro-East ozone nonattainment areas.
On September 12, 1994, the Illinois Environmental Protection Agency
(IEPA) filed the proposed revision to the surface coating rule with the
Illinois Pollution Control Board (Board). A public hearing on the rule
was held on November 4, December 2, and December 16, 1994, in Chicago,
Illinois; on April 20, 1995, the Board adopted a Final Opinion and
Order for the proposed amendment. The rule became effective on May 9,
1995; it was published in the Illinois State Register on May 19, 1995.
The IEPA formally submitted the coating rule to USEPA on May 5, 1995,
and May 26, 1995, as a revision to the Illinois SIP for ozone. USEPA
made a finding of completeness in a letter dated July 13, 1995.
II. Analysis of State Submittal
The May 5, 1995, and May 26, 1995, submittals include the following
new or revised rules:
Part 218: Organic Material Emission Standards and Limitations for the
Chicago Area
Subpart F: Coating Operations
218.204 Emission Limitations
218.205 Daily-Weighted Average Limitations
218.207 Alternative Emission Limitations
218.208 Exemptions From Emission Limitations
218.210 Compliance Schedule
218.212 Cross-line Averaging to Establish Compliance for Coating Lines
218.213 Recordkeeping and Reporting for Cross-line Averaging
Participating Coating Lines
218.214 Changing Compliance Methods
218.App.H Baseline VOM Content Limitations for Subpart F, Section
218.212 Cross-Line Averaging
Part 219: Organic Material Emission Standards and Limitations for the
Metro-East St. Louis Area
Subpart F: Coating Operations
219.204 Emission Limitations
219.205 Daily-Weighted Average Limitations
219.207 Alternative Emission Limitations
219.208 Exemptions From Emission Limitations
219.210 Compliance Schedule
219.212 Cross-line Averaging to Establish Compliance for Coating Lines
219.213 Recordkeeping and Reporting for Cross-line Averaging
Participating Coating Lines
219.214 Changing Compliance Methods
219.App.H Baseline VOM Content Limitations for Subpart F, Section
219.212 Cross-line Averaging
The tightened VOM content limits established in revisions to
sections 218/
[[Page 5512]]
219.204 are specified below. The values not marked by an asterisk were
the limits previous to this revision, whereas the values marked by an
asterisk are the new limits. Subject sources will need to meet these
new limits beginning March 15, 1996, while the limits not marked by an
asterisk must be met until March 15, 1996. The limits are expressed in
units of VOM per volume of coating (minus water and any compounds which
are specifically exempted from the definition of VOM).
------------------------------------------------------------------------
kg/l lb/gal
------------------------------------------------------------------------
Can Coating
(1) Sheet basecoat and overvarnish:
(A) Sheet basecoat................................ 0.34 2.8
*0.26 *2.2
(B) Overvarnish................................... 0.34 2.8
*0.34 *2.8
(2) Exterior basecoat and overvarnish............... 0.34 2.8
*0.25 *2.1
(3) Interior body spray coat:
(A) Two Piece..................................... 0.51 4.2
*0.44 *3.7
(B) Three Piece................................... 0.51 4.2
*0.51 *4.2
(4) Exterior end coat............................... 0.51 4.2
*0.51 *4.2
(5) Side seam spray coat............................ 0.66 5.5
*0.66 *5.5
(6) End sealing compound coat....................... 0.44 3.7
*0.44 *3.7
Paper Coating....................................... 0.35 2.9
*0.28 *2.3
Coil Coating........................................ 0.31 2.6
*0.20 *1.7
Fabric Coating...................................... 0.35 2.9
*0.28 *2.3
Vinyl Coating....................................... 0.45 3.8
*0.28 *2.3
Metal furniture coating:
(1) Air dried..................................... 0.36 3.0
*0.34 *2.8
(2) Baked......................................... 0.36 3.0
*0.28 *2.3
Large appliance coating:
(1) Air dried..................................... 0.34 2.8
*0.34 *2.8
(2) Baked......................................... 0.34 2.8
*0.28 *2.3
Miscellaneous metal parts and products coating:
(1) Clear coating................................. 0.52 4.3
*0.52 *4.3
(2) Extreme performance coating:
(A) Air dried..................................... 0.42 3.5
*0.42 *3.5
(B) Baked......................................... 0.42 3.5
*0.40 *3.3
(3) Steel pail and drum interior coating............ 0.52 4.3
*0.52 *4.3
(4) All other coatings:
(A) Air dried..................................... 0.42 3.5
*0.40 *3.3
(B) Baked......................................... 0.36 3.0
*0.34 *2.8
(5) Marine engine coating:
(A) Air Dried..................................... 0.42 3.5
*0.42 *3.5
(B) Baked:
(i) Primer/Topcoat.............................. 0.42 3.5
*0.42 *3.5
(ii) Corrosion resistant basecoat............... 0.42 3.5
*0.28 *2.3
(C) Clear Coating................................. 0.52 4.3
*0.52 *4.3
(6) Metallic Coating:
(A) Air Dried..................................... 0.42 3.5
*0.42 *3.5
(B) Baked......................................... 0.36 3.0
*0.36 *3.0
------------------------------------------------------------------------
A coating line can comply with the rule through (a) the use of
coatings which meet the applicable VOM content limits specified in the
rule; (b) demonstration that the daily-weighted average VOM content of
all coatings used on the coating line meet the VOM content limit for
those coatings; (c) use of a capture system and control device which
either reduces the overall emissions of VOM from the coating line by 81
percent, or achieves VOM emission reduction greater than or equal to
that which could be achieved through meeting applicable VOM content
limits, or (d) through cross-line averaging.
Cross-line averaging is a new method established by this rule as an
alternative to complying with the tightened VOM content limits. For
those sources operating coating lines which were in existence prior to
January 1, 1991, but have been replaced with lines using a lower VOM
coating for the same purpose as the pre-existing lines, cross-line
averaging can be used to take VOM reduction credit for such operational
changes in order to offset those pre-existing lines which cannot, for
one reason or another, meet the tightened emission limitations. Sources
using cross-line averaging must demonstrate that the calculated actual
daily VOM emissions from all participating coating lines are less than
the calculated daily allowable VOM emissions from the same group of
coating lines. Use of cross-line averaging is for complying with
tightened VOM content limits only; VOM content limits established in
the surface coating rule prior to this revision must still be met by
all applicable coating lines.
Also established in this rule revision is an exemption for ``touch-
up and repair coatings'' used by can, coil, vinyl, metal furniture,
magnet wire, miscellaneous metal parts and products, and plastic parts
coating operations from meeting VOM content limitations. This exemption
holds provided that the source-wide volume of such coatings used does
not exceed 0.95 l (1 quart) per eight-hour period or 209 l/yr (55 gal/
yr) for any rolling twelve month period. The surface coating rule
defines touch-up and repair coatings as any coating used to cover minor
scratches and nicks that occur during manufacturing and assembly
processes.
In addition to meeting these control requirements, sources will
have to meet applicable provisions for coating analysis and capture
efficiency and control device efficiency test methods under sections
218/219.105, as well as applicable recordkeeping and recording
requirements under sections 218/219.211. Also included in sections 218/
219.105 are monitoring requirements for sources using add-on control
equipment. Sections 218/219.105 and 218/219.211 were approved and
incorporated in the Illinois SIP on September 9, 1994 (See 59 FR at
46562). Finally, 218/219.213 has been added to provide additional
recordkeeping and recording requirements for sources complying with the
rule through cross-line averaging.
III. Final Rulemaking Action
The USEPA has undertaken its analysis of the SIP revision request,
and is approving this SIP revision because it tightens the stringency
of the Illinois SIP. Although the SIP revision does add an exemption
for touch-up and repair coatings from control requirements, this type
of exemption is acceptable under USEPA VOC policy. The surface coating
rule contains all the appropriate test methods and recordkeeping/
recording requirements necessary to be an enforceable SIP.
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA is publishing a separate document
in this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
April 15, 1996, unless USEPA receives adverse or critical comments by
March 14, 1996. If USEPA receives comments adverse to or critical of
the approval discussed above, USEPA will withdraw this approval before
its effective date by publishing a subsequent Federal Register document
which withdraws this final action. All public comments received will
then be addressed in a subsequent rulemaking
[[Page 5513]]
document. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, USEPA hereby advises
the public that this action will be effective on April 15, 1996.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. USEPA shall consider each request for revision to the SIP in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
USEPA prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector, of $100 million or more in any one year. Section 203 requires
the USEPA to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the USEPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The USEPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the USEPA explains why this
alternative is not selected or the selection of this alternative is
inconsistent with law.
Because this final rule is estimated to result in the expenditure
by State, local, and tribal governments or the private sector of less
then $100 million in any one year, the USEPA has not prepared a
budgetary impact statement or specifically addressed the selection of
the least costly, most cost-effective, or least burdensome alternative.
Because small governments will not be significantly or uniquely
affected by this rule, the USEPA is not required to develop a plan with
regard to small governments. This rule only approves the incorporation
of existing state rules into the SIP. It imposes no additional
requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the Act, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Clean Air Act forbids USEPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 15, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference.
Dated: January 12, 1996.
Valdas V. Adamkus,
Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart O--Illinois
2. Section 52.720 is amended by adding paragraph (c)(119) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(119) On May 5, 1995, and May 26, 1995, the State submitted a
revised rule tightening volatile organic compound emission limitations
for certain surface coating operations in the Chicago and Metro-East
St. Louis areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204
Emission Limitations, 218.205 Daily-Weighted Average Limitations,
218.207 Alternative Emission Limitations, 218.208 Exemptions From
Emission Limitations, 218.210 Compliance Schedule, 218.212 Cross-line
Averaging to Establish Compliance for Coating Lines, 218.213
Recordkeeping and Reporting for Cross-line Averaging Participating
Coating Lines, 218.214 Changing Compliance Methods, 218 Appendix H
Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-
Line Averaging, amended at 19 Ill. 6848, effective May 9, 1995.
(B) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart F; Coating Operations, Sections
219.204 Emission Limitations, 219.205 Daily-Weighted Average
Limitations, 219.207 Alternative Emission Limitations, 219.208
Exemptions From Emission Limitations, 219.210 Compliance Schedule,
219.212 Cross-line Averaging to Establish Compliance for Coating Lines,
219.213 Recordkeeping and Reporting for Cross-line Averaging
Participating Coating Lines, 219.214 Changing Compliance Methods, 219
Appendix H Baseline VOM Content Limitations for Subpart F, Section
219.212 Cross-line Averaging, amended at 19 Ill. Reg. 6958, effective
May 9, 1995.
[FR Doc. 96-3084 Filed 2-12-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-3082 Approval and Promulgation of State Implementation Plan; Wisconsin; Iron and Steel Foundries SIP Revision
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5513-5515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3082]
-----------------------------------------------------------------------
[[Page 5514]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI54-01-7000a; FRL-5416-2]
Approval and Promulgation of State Implementation Plan;
Wisconsin; Iron and Steel Foundries SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA approves a revision to the Wisconsin State
Implementation Plan (SIP) for ozone that was submitted by the State of
Wisconsin on June 30, 1994, and supplemented on July 15, 1994. This
revision consists of a volatile organic compound (VOC) regulation which
establishes reasonably available control technology (RACT) for iron and
steel foundries. This regulation was submitted to address, in part, the
requirement of section 182(b)(2)(C) of the Clean Air Act (CAA or Act)
that States revise their SIPs to establish RACT regulations for major
sources of VOCs for which the USEPA has not issued a control technology
guidelines (CTG) document. In addition, emission reductions resulting
from this rule are being used by the State to fulfill, in part, the
requirement of section 182(b)(1) of the Act that States submit a plan
which provides for a 15 percent reduction in VOC emissions by 1996.
In the proposed rules section of this Federal Register, the EPA is
proposing approval of, and soliciting comments on, this requested SIP
revision. If adverse comments are received on this action, the EPA will
withdraw this final rule and address the comments received in response
to this action in a final rule on the related proposed rule, which is
being published in the proposed rules section of this Federal Register.
A second public comment period will not be held. Parties interested in
commenting on this action should do so at this time. This approval
makes federally enforceable the State's rule that has been incorporated
by reference.
DATES: The ``direct final'' is effective on April 15, 1996, unless EPA
receives adverse or critical comments by March 14, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Copies of the proposed SIP revision and EPA's analysis are
available for inspection at the U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Kathleen D'Agostino at (312)
886-1767 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Regulation Development Section, Air Toxics and Radiation
Branch (AT-18J), U.S. Environmental Protection Agency, Region 5,
Chicago, Illinois 60604, (312) 886-1767.
SUPPLEMENTARY INFORMATION: Section 182(b) of the Clean Air Act sets
forth the requirements for ozone nonattainment areas which have been
classified as moderate or above. In Wisconsin, the counties of
Kewaunee, Manitowoc, and Sheboygan and the Milwaukee area (including
Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha Counties)
are classified as moderate or above. Section 182(b)(2)(C) requires that
States submit revisions to the SIP for major sources of VOCs for which
the EPA has not issued a CTG document. Because the EPA has not issued a
CTG for iron and steel foundries, the State of Wisconsin developed a
non-CTG regulation for this category. This regulation was submitted to
the EPA by the State on June 30, 1994 and supplemented on July 15,
1994.
Additionally, section 182(b)(1)(A) requires those states with ozone
nonattainment areas classified as moderate or above to submit plans to
reduce VOC emissions by at least 15 percent from the 1990 baseline
emissions. The 1990 baseline, as described by EPA's emission inventory
guidance, is the amount of anthropogenic VOC emissions emitted on a
typical summer day. Wisconsin submitted its 15 percent plan on June 14,
1995. Included in this plan were reductions generated by the iron and
steel foundries rule.
The Wisconsin rule at NR 419.08(1) applies to the manufacture of
cores or molds for use at iron or steel foundries at any facility which
is: 1) located in the counties of Kenosha, Milwaukee, Ozaukee, Racine,
Washington or Waukesha and has maximum theoretical emissions of VOCs
from core and mold manufacturing of greater than or equal to 25 tons
per year, or 2) is located in the counties of Kewaunee, Manitowoc, or
Sheboygan and has maximum theoretical emissions of VOCs from core and
mold manufacturing or greater than or equal to 100 tons per year.
Sources are required to achieve final compliance with this regulation
no later than May 31, 1995.
Specifically, the State has established the following limits at NR
419.08(2)(a) for the as-applied VOC content of core and mold coatings:
(1) 30%, by weight, including water, for core or mold coatings that
have an as purchased density of 15.0 pounds per gallon or greater; and
(2) 70%, by weight, including water, for core or mold coatings that
have an as-purchased density of less than 15.0 pounds per gallon. At NR
491.08(2)(b) the regulation requires that all core and mold coating
storage vessels and containers remain covered. At NR 419.08(2)(c) the
rule requires that VOC emissions from the catalysis step in the
formation of a urethane cold box binder be controlled with an overall
efficiency of at least 90 percent.
A more detailed analysis of the State's submittal is contained in
technical support documents dated May 1, 1995, and November 8, 1995. In
determining the approvability of this VOC rule, EPA evaluated the rule
for consistency with Federal requirements, including section 110 and
part D of the Clean Air Act. The EPA has found that this rule meets the
requirements applicable to ozone and is, therefore, approvable for
incorporation into the State's ozone SIP.
Because the EPA considers this action noncontroversial and routine,
we are approving it without prior proposal. This action will become
effective on April 15, 1996. However, if we receive adverse comments by
March 14, 1996, EPA will publish a document that withdraws this action.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The EPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). The Office of Management and Budget
has exempted these actions from review under Executive Order 12866.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities
[[Page 5515]]
with jurisdiction over populations of less than 50,000.
This approval does not create any new requirements. Therefore, I
certify that this action does not have a significant impact on any
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids EPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 256-66 (1976).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves preexisting-existing requirements
under State or local law, and imposes no new Federal requirements.
Accordingly, no additional costs to State, local, or tribal
governments, or the private sector, result from this action.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 15, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: January 22, 1996.
Valdas V. Adamkus,
Regional Administrator.
40 CFR part 52 is amended as follows:
Subpart YY--Wisconsin
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.2570 is amended by adding paragraph (c)(88) to read
as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(88) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on June 30,
1994, and supplemented on July 15, 1994. This revision consists of
volatile organic compound regulations which establish reasonably
available control technology for iron and steel foundries.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 419.02(1s), (1t), (1u), (3m) and (6m) as created and
published in the (Wisconsin) Register, June, 1994, No. 462, effective
July 1, 1994.
(B) NR 419.08 as created and published in the (Wisconsin) Register,
June, 1994, No. 462, effective July 1, 1994.
[FR Doc. 96-3082 Filed 2-12-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-3081 Defense Contract Audit Agency (DCAA), Freedom of Information Act Program
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5510-5511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3081]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 290
[DCAA Regulation 5410.8]
Defense Contract Audit Agency (DCAA), Freedom of Information Act
Program
AGENCY: Office of the Secretary, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment removes reference to the availability of the
Contractor Alpha Listing from DCAA. This record is now available from
the Defense Technical Information Center (DTIC), as the Directory of
Federal Contractors because it is no longer available from DCAA.
EFFECTIVE DATE: February 13, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Dave Henshall, DCAA Information and Privacy Advisor, ATTN: CMR,
Defense Contract Audit Agency, 8725 John J. Kingman Road, Suite 2135,
Fort Belvoir, VA 22060-6219, Telephone: (703) 767-1244.
SUPPLEMENTARY INFORMATION: The Directory of Federal Contractors is
identified as a ``document'' and is available in disk form (ADM000491)
or hard copy format (ADA286830). Interested requesters should contact
the DTIC Registration Branch, (703) 767-8238, if not registered as a
DTIC customer, or the DTIC Reference Branch, (703) 767-8274, if already
a registered customer.
List of Subjects in 32 CFR Part 290
Freedom of Information.
Accordingly 32 CFR Part 290 is amended as follows:
PART 290--[AMENDED]
1. The authority citation for Part 290 continues to read as
follows:
Authority: 5 U.S.C. 552.
Appendix B to Part 290 [Amended]
Appendix B to Part 290 is amended under the heading VIRGINIA, by
[[Page 5511]]
removing paragraph (a)(1)(i) and redesignating paragraphs (a)(1)(ii)
and (a)(1)(iii) as (a)(1)(i) and (a)(1)(ii).
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-3081 Filed 2-12-96; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 96-3078 Animal Drugs, Feeds, and Related Products; Change of Sponsor
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5505-5507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3078]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510, 520, 522, and 524
Animal Drugs, Feeds, and Related Products; Change of Sponsor
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect a change of sponsor for 35 approved new
animal drug applications (NADA's) from Syntex Animal Health, Division
of Syntex Agri-business, Inc., to Fort Dodge Laboratories, Division of
American Home Products.
EFFECTIVE DATE: February 13, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas J. McKay, Center for Veterinary
Medicine (HFV-102), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-827-0213.
SUPPLEMENTARY INFORMATION: Syntex Animal Health, Division of Syntex
Agri-business, Inc., 3401 Hillview Ave., Palo Alto, CA 94303, has
informed FDA that it has transferred the ownership of, and all rights
and interests in, the following approved NADA's to Fort Dodge
Laboratories, Division of American Home Products Corp., 800 Fifth St.
NW., Fort Dodge, IA 50501:
----------------------------------------------------------------------------------------------------------------
NADA No. Drug Name
----------------------------------------------------------------------------------------------------------------
9-576................... Synovex S and Synovex C Implants (progesterone and estradiol
benzoate)
11-427.................. Synovex H Implants (testosterone propionate and estradiol benzoate)
15-126.................. Spectinomycin Injectable & Tablets (spectinomycin)
30-414.................. Flucort (V Solution (flumethasone)
30-415.................. Flucort Tablets (flumethasone)
32-168.................. DOMOSO Solution (dimethyl sulfoxide)
36-211.................. Anaprime Suspension (flumethasone)
36-212.................. Fluosmin Suspension (flumethasone acetate)
37-586.................. Erythromast '36' Solution (erythromycin)
38-801.................. Anaprime Ophthalmic Solution (flumethasone)
41-629.................. Spectinomycin Oral Solution and Spectogard Oral Solution
(spectinomycin)
41-665.................. Tranvet Chewable Tablets (propiopromazine hydrochloride)
45-512.................. Synotic Otic Solution (fluocinolone acetonide and dimethyl sulfoxide)
45-716.................. Tranvet Injectable Solution (propiopromazine hydrochloride)
47-334.................. Synsac Solution (flucinolone acetonide and dimethyl sulfoxide)
47-925.................. DOMOSO Gel (dimethyl sulfoxide)
49-725.................. Anaprime Opthakote Ophthalmic Solution (flumethasone with neomycin
sulfate and polymyxin B sulfate)
[[Page 5506]]
49-726.................. Optiprime Opthakote Ophthalmic Solution (neomycin sulfate and
polymyxin B sulfate)
96-674.................. Equiproxen Granules (naproxen)
96-675.................. Equiproxen Injectable (naproxen)
100-254................. Synchrocept (prostalene)
110-776................. Benzelmin Powder for Suspension (oxfendazole)
110-777................. Benzelmin Top Dress Pellets (oxfendazole)
115-578................. Di-Trim Tablets (trimethoprim and sulfadiazine)
128-549................. Bovilene Sterile Solution (fenprostalene)
128-967................. Repose (sodium secobarbital and dibucaine hydrochloride)
132-105................. Benzelmin 37.5% Paste (oxfendazole)
132-486................. Di-Trim 24% Injection (trimethoprim and sulfadiazine)
133-841................. Benzelmin 9.06% Suspension (oxfendazole)
134-778................. Di-Trim 48% Injection (trimethoprim and sulfadiazine)
136-342................. Di-Trim 400 Oral Paste (trimethoprim and sulfadiazine)
136-740................. Benzelmin Plus Paste (oxfendazole plus trichlorfon)
138-903................. Porcilene Sterile Solution (fenprostalene)
140-854................. Synanthic 9.06% and 22.5% Suspension(oxfendazole)
140-892................. Synanthic 18.5% Paste (oxfendazole)
----------------------------------------------------------------------------------------------------------------
Accordingly, the agency is amending 21 CFR parts 510, 520, 522, and
524 to reflect the change of sponsor.
List of Subjects
21 CFR Part 510
Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.
21 CFR Parts 520, 522, and 524
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510,
520, 522, and 524 are amended as follows:
PART 510--NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 510 continues to read as
follows:
Authority: Secs. 201, 301, 501, 502, 503, 512, 701, 721 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e).
Sec. 510.600 [Amended]
2. Section 510.600 Names, addresses, and drug labeler codes of
sponsors of approved applications is amended in the table in paragraph
(c)(1) by revising the entry for ``Fort Dodge Laboratories'' to read
``Fort Dodge Laboratories, Division of American Home Products Corp.,
800 Fifth St. NW., Fort Dodge, IA 50501''; and in the table in
paragraph (c)(2) in the entry for ``000856'' by revising the sponsor
name and address to read, ``Fort Dodge Laboratories, Division of
American Home Products, 800 Fifth St. NW., Fort Dodge, IA 50501.''
PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS
3. The authority citation for 21 CFR part 520 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b) .
Sec. 520.960 [Amended]
4. Section 520.960 Flumethasone tablets is amended in paragraph (b)
by removing ``000033'' and adding in its place ``000856''.
Sec. 520.1468 [Amended]
5. Section 520.1468 Naproxen granules is amended in paragraph (b)
by removing ``000033'' and adding in its place ``000856''.
Sec. 520.1628 [Amended]
6. Section 520.1628 Oxfendazole powder and pellets is amended in
paragraph (b) by removing ``000033'' and adding in its place
``000856''.
Sec. 520.1629 [Amended]
7. Section 520.1629 Oxfendazole paste is amended in paragraph
(a)(2) and (b)(2) by removing ``000033'' and adding in its place
``000856''.
Sec. 520.1630 [Amended]
8. Section 520.1630 Oxfendazole suspension is amended in paragraph
(b) by removing ``000033'' and adding in its place ``000856''.
Sec. 520.1631 [Amended]
9. Section 520.1631 Oxfendazole and trichlorfon paste is amended in
paragraph (b) by removing ``000033'' and adding in its place
``000856''.
Sec. 520.2002 [Amended]
10. Section 520.2002 Propiopromazine hydrochloride is amended in
paragraph (c) by removing ``000033'' and adding in its place
``000856''.
Sec. 520.2122 [Amended]
11. Section 520.2122 Spectinomycin dihydrochloride oral solution
is amended in paragraph (b)(2) by removing ``000033'' and adding in its
place ``000856''.
Sec. 520.2610 [Amended]
12. Section 520.2610 Trimethoprim and sulfadiazine tablets is
amended in paragraph (b) by removing ``000033'' and adding in its place
``000856''.
Sec. 520.2611 [Amended]
13. Section 520.2611 Trimethoprim and sulfadiazine oral paste is
amended in paragraph (b) by removing ``000033'' and adding in its place
``000856''.
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
14. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 522.842 [Amended]
15. Section 522.842 Estradiol benzoate and testosterone propionate
in combination is amended in paragraph (b) by removing ``000033'' and
adding in its place ``000856''.
Sec. 522.914 [Amended]
16. Section 522.914 Fenprostalene solution is amended in paragraph
(b) by removing ``000033'' and adding in its place ``000856''.
Sec. 522.960a [Amended]
17. Section 522.960a Flumethasone suspension is amended in
paragraph (c)
[[Page 5507]]
by removing ``000033'' and adding in its place ``000856''.
Sec. 522.960b [Amended]
18. Section 522.960b Flumethasone acetate injection is amended in
paragraph (c) by removing ``000033'' and adding in its place
``000856''.
Sec. 522.960c [Amended]
19. Section 522.960c Flumethasone solution is amended in paragraph
(b) by removing ``000033'' and adding in its place ``000856''.
Sec. 522.1468 [Amended]
20. Section 522.1468 Naproxen for injection is amended in paragraph
(b) by removing ``000033'' and adding in its place ``000856''.
Sec. 522.1940 [Amended]
21. Section 522.1940 Progesterone and estradiol benzoate in
combination is amended in paragraph (b) and (d)(1)(iii) by removing
``000033'' and adding in its place ``000856''.
Sec. 522.2002 [Amended]
22. Section 522.2002 Propiopromazine hydrochloride injection is
amended in paragraph (c) by removing ``000033'' and adding in its place
``000856''.
Sec. 522.2012 [Amended]
23. Section 522.2012 Prostalene solution is amended in paragraph
(b) by removing ``000033'' and adding in its place ``000856''.
Sec. 522.2120 [Amended]
24. Section 522.2120 Spectinomycin injection is amended in
paragraph (b) by removing ``000033'' and adding in its place
``000856''.
Sec. 522.2610 [Amended]
25. Section 522.2610 Trimethoprim and sulfadiazine sterile
suspension is amended in paragraph (a)(2) and (b)(2) by removing
``000033'' and adding in its place ``000856''.
PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS
26. The authority citation for 21 CFR part 524 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 524.660a [Amended]
27. Section 524.660a Dimethyl sulfoxide solution is amended in
paragraph (b) by removing ``000033'' and adding in its place
``000856''.
Sec. 524.660b [Amended]
28. Section 524.660b Dimethyl sulfoxide gel is amended in paragraph
(b) by removing ``000033'' and adding in its place ``000856''.
Sec. 524.960 [Amended]
29. Section 524.960 Flumethasone, neomycin sulfate, and polymyxin B
sulfate ophthalmic solutions is amended in paragraph (b) by removing
``000033'' and adding in its place ``000856''.
Sec. 524.981d [Amended]
30. Section 524.981d Fluocinolone acetonide, dimethyl sulfoxide
solution is amended in paragraph (b) by removing ``000033'' and adding
in its place ``000856''.
Sec. 524.1484e [Amended]
31. Section 524.1484e Neomycin sulfate and polymyxin B sulfate
ophthalmic solution is amended in paragraph (b) by removing ``000033''
and adding in its place ``000856''.
Dated: February 1, 1996.
Robert C. Livingston,
Director, Office of New Animal Drug Evaluation, Center for Veterinary
Medicine.
[FR Doc. 96-3078 Filed 2-12-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-3061 Cost Accounting Standards Board; Treatment of Gains or Losses Subsequent to Mergers or Business Combinations by Government Contractors; Increase in Minimum Acquisition Cost Criterion for Capitalization of Tangible Capital Assets
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5520-5523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3061]
=======================================================================
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
48 CFR Part 9904
Cost Accounting Standards Board; Treatment of Gains or Losses
Subsequent to Mergers or Business Combinations by Government
Contractors; Increase in Minimum Acquisition Cost Criterion for
Capitalization of Tangible Capital Assets
AGENCY: Cost Accounting Standards Board, Office of Federal Procurement
Policy, OMB.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Federal Procurement Policy, Cost Accounting
Standards Board (CASB), hereby amends the Cost Accounting Standards
(CAS) relating to the treatment of gains or losses attributable to
tangible capital assets subsequent to mergers or business combinations
by government contractors, and relating to the minimum acquisition cost
criterion for capitalization of tangible capital assets by raising the
prescribed criterion from $1,500 to $5,000.
To resolve the problems that have been identified in this area, the
Board hereby amends CAS 9904.404, ``Capitalization of Tangible Assets''
and CAS 9904.409, ``Depreciation of Tangible Capital Assets''. These
amendments are based on an approach involving a ``no step-up, no step-
down'' of asset bases and no recognition of gain or loss on a transfer
of assets following a business combination by contractors subject to
CAS.
Section 26(g)(1) of the Office of Federal Procurement Policy Act
requires that the Board, prior to the promulgation of any new or
revised Cost Accounting Standard, publish a final rule. This final rule
addresses the Board's proposal to amend CAS 9904.404 and CAS 9904.409
to deal with the issue of gains and losses subsequent to a merger or
business combination.
EFFECTIVE DATE: This rule is effective April 15, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. Rein Abel, Director of Research,
Cost Accounting Standards Board (telephone 202-395-3254).
SUPPLEMENTARY INFORMATION:
A. Regulatory Process
The Cost Accounting Standards Board's rules and regulations are
codified at 48 CFR Chapter 99. Section 26(g)(1) of the Office of
Federal Procurement Policy Act, 41 U.S.C. Sec. 422(g)(1), requires that
the Board, prior to the establishment of any new or revised Cost
Accounting Standard, complete a prescribed rulemaking process. This
process consists of the following four steps:
1. Consult with interested persons concerning the advantages,
disadvantages and improvements anticipated in the pricing and
administration of government contracts as a result of a proposed
Standard.
2. Promulgate an Advance Notice of Proposed Rulemaking.
3. Promulgate a Notice of Proposed Rulemaking.
4. Promulgate a final rule.
This final rule is step four in the four step process.
B. Background
Prior Promulgations
The issues addressed in this proposal were first identified by
commenters in response to the Board's request for agenda topics in
November 1990. Subsequently, two Staff Discussion Papers (SDPs) were
issued.
The first SDP, dated August 26, 1991 and titled ``Recognition and
Pricing of Changing Capital Asset Values Resulting from Mergers and
Business Combination by Government Contractors,'' (56 FR 42079) raised
broad issues such as the scope of the proposed project, the basis for
any Government claim to gains or losses resulting from a business
combination and the likely economic consequences of a policy that would
prohibit revaluation of assets following a merger.
The responses to this SDP were used by the Board as the basis for
discussing the basic issues involved in this case. As a result of this
discussion, the Board decided to issue a second SDP dealing with a
series of questions concerning the specific procedures needed to deal
effectively with the recognition, allocation and recovery of the gain
or loss subsequent to a merger or business combination. The second SDP,
entitled ``Treatment of Gains or Losses Subsequent to Mergers or
Business Combinations by Government Contractors,'' was issued on
November 4, 1993 (58 FR 58882). On the basis of comments received in
response to that SDP, an Advance Notice of Proposed Rulemaking (ANPRM)
was developed and published in the Federal Register on May 24, 1994 (59
FR 26774). The responses to the ANPRM were of significant assistance to
the Board in developing a Notice of Proposed Rulemaking (NPRM). The
NPRM was published in the Federal Register on March 8, 1995 (60 FR
12725).
Public Comments
Ten sets of public comments were received in response to the NPRM
from government contractors, professional and industrial associations,
law firms and Federal agencies.
The views expressed by the various parties were, in essence,
consistent with the views expressed by the same parties earlier when
the ANPRM was published. The basic no step-up, no step-down approach
was supported by the Government commenters and it was generally opposed
by other commenters although some of these other
[[Page 5521]]
commenters did not explicitly express their views on this basic issue.
Besides expressing their views on the proposed approach outlined in
the NPRM and the Board's arguments supporting this chosen approach,
many commenters offered editorial as well as more substantive detailed
comments on the various specific provisions of the document.
These comments are discussed below in greater detail, under Section
E., Public Comments. The Board and the CASB staff express their
appreciation for the generally constructive and thoughtful responses
provided by the commenters.
Benefits
After consideration of all the comments received in response to the
NPRM, the Board continues to believe that amendments to CAS 9904.404,
``Capitalization of Tangible Assets,'' and CAS 9904.409, ``Depreciation
of Tangible Capital Assets,'' as set forth in the ANPRM and essentially
restated in the NPRM, and this final rule, will significantly improve
and clarify the implementation of CAS and related procurement
regulations in accounting for tangible capital assets after completion
of a merger or business combination. In particular, the Board continues
to believe that the proposal embodied in this final rule will clarify
the current ambiguities in this area and thus should lead to reductions
in negotiations and litigation. This point is of particular
significance in the current economic and budgetary environment where
the need to realize economies in the defense budget can be expected to
lead to mergers, business combinations and restructurings among
contractors. It is also anticipated that increasing the capitalization
criterion for tangible capital assets in CAS 9904.404 from $1,500 to
$5,000, will significantly reduce record keeping burden in many
instances. The Board believes that the potential benefit to the audit,
negotiation, and general contract administration processes accruing
from the added clarity and uniformity in the measurement of the cost of
depreciation and cost of money subsequent to a business combination
will be substantial and will greatly outweigh any added costs.
Summary of Proposed Amendments
A brief description of the proposed amendments follows:
a. The capitalization criterion for tangible capital assets in
subsection 9904.404-40(b)(1) is increased from $1,500 to $5,000.
b. The current subsection 9904.404-50(d) is deleted and is replaced
by an amended section that prescribes:
(1) That for contract costing purposes, tangible capital assets
following a business combination shall retain their net book value
recognized during the most recent cost accounting period prior to the
business combination provided that the assets generated either
depreciation expense or cost of money charges that were allocated
during the period either as direct or indirect costs to Federal
government contracts and subcontracts negotiated on the basis of cost.
(2) That the cost of tangible capital assets shall be restated
after the business combination at a figure not to exceed the fair value
at the date of the acquisition pursuant to a business combination where
the assets during the most recent cost accounting period prior to the
business combination did not generate either depreciation expense or
cost of money charges that were allocated either as direct or indirect
costs to Federal government contracts negotiated on the basis of cost.
c. A new subparagraph 9904.409-50(j)(5), is added to current
subsection 9904.409-50(j). The purpose of this new subparagraph is to
make it clear that the CAS 9904.409 provisions dealing with the
recapture of gains and losses on disposition of tangible capital assets
should not apply when assets are transferred subsequent to a business
combination.
C. Paperwork Reduction Act
The Paperwork Reduction Act, Public Law 96-511, does not apply to
this rulemaking, because this rule imposes no paperwork burden on
offerors, affected contractors and subcontractors, or members of the
public which require the approval of OMB under 44 U.S.C. 3501, et seq.
D. Executive Order 12866 and the Regulatory Flexibility Act
The economic impact of this rule on contractors and subcontractors
is expected to be minor. As a result, the Board has determined that
this final rule will not result in the promulgation of a ``major rule''
under the provisions of Executive Order 12866, and that a regulatory
impact analysis will not be required. Furthermore, this final rule will
not have a significant effect on a substantial number of small entities
because small businesses are exempt from the application of the Cost
Accounting Standards. Therefore, this final rule does not require a
regulatory flexibility analysis under the Regulatory Flexibility Act of
1980.
E. Public Comments
This final rule was developed after consideration of the public
comments received in response to the Board's NPRM published on March 8,
1995 (60 FR 12725). The comments have provided valuable input to the
Board's rulemaking process. The comments received and the action taken
by the Board are summarized in the paragraphs that follow:
Comment: Several commenters indicated that the final rule should
make it clear that this revised rule is to be applied on a prospective
basis only. One commenter suggested that the language in 9904.404-63
and 9904.409-63 be supplemented to reflect the requirements of
paragraph (a)(3) of the contract clause at 9903.201-4(a) which requires
the receipt of a new CAS-covered contract for a new CAS requirement to
be applicable.
Response: Sections 9904.404-63 and 9904.409-63 have been
supplemented to make it clear that these revisions are to be applied
prospectively.
Comment: Several commenters stressed once more that they believe
there is a conflict between the CAS allocability provisions and the
Federal Acquisition Regulation (FAR) allowability provisions in this
area. It was suggested again, as in earlier comments, that the OFPP
Administrator should address this issue.
Response: The Board is aware that there is an appearance of
conflict between the provisions of CAS 9904.404 and FAR 31.205-52. As
stated in the proposed rulemakings, the OFPP Administrator will
determine whether any changes may be necessary in the FAR cost
principles to make them fully compatible with amended CAS 9904.404 and
9904.409.
Comment: One commenter pointed out the apparent inconsistency in
the language between sections 9904.404-50(d) (1) and (2) when
describing the scope of the two paragraphs. In one paragraph the
reference is to costs charged to ``Federal Government contracts'',
while in the other, the reference is to ``Federal Government contracts
subject to CAS''. In addition, another commenter pointed out that these
references did not make clear whether contractors subject to modified
CAS coverage are affected by this amendment.
Response: In order to make clear that the amendment applies to
those tangible capital assets that were charged to Federal government
contracts and subcontracts negotiated on the basis of cost before the
business combination, the phrase ``subject to CAS'' has been
[[Page 5522]]
eliminated. This should make it clear that this revised rule applies to
tangible capital assets that generated costs allocated to Federal
government contracts and subcontracts negotiated on the basis of cost,
where such costs were allocated to contracts and subcontracts by the
seller during the most recent cost accounting period prior to the
business combination.
Comment: Several suggestions were received dealing with different
aspects of materiality in applying this revision. First, several
contractors and industry associations suggested that specific
materiality criteria be introduced, such as total dollar value of
assets acquired or the percentage of commercial or competitively
awarded fixed-priced contracts in relation to total sales. One
Government commenter suggested that the coverage of the amendment
should be extended also to those tangible capital assets that generated
relevant costs chargeable to CAS-covered contracts ``anytime during the
three accounting periods prior to the business combination''.
Response: The Board does not believe that the introduction of
additional materiality criteria is advisable at this time. By its very
nature, under full CAS coverage, the amended Standard's requirements
apply to major contractors that perform significant amounts of CAS-
covered work.
CAS 9904.404-50(d) has been revised to clearly state that the costs
of tangible capital assets acquired from a seller (whether CAS-covered
or non-CAS covered) which generated depreciation expense or cost of
money charges that were allocated to Federal government contracts or
subcontracts shall not be written up by the buyer. The primary issue is
whether or not a material amount of asset costs have been charged to
Federal government contracts and subcontracts that were negotiated on
the basis of cost, where such costs were allocated to contracts and
subcontracts during the most recent cost accounting period prior to the
acquisition date, not the amount of CAS-covered effort performed by the
seller.
Comment: One commenter suggested that the acquisition cost
criterion in section 9904.404 be raised from $1,500 to $5,000.
Response: The Board accepts this suggestion and therefore section
9904.404-40(b)(1) is modified to increase the minimum acquisition cost
criterion from $1,500 to $5,000.
Comment: One Government commenter expressed the view that the
provisions of the amendment should also be extended to non-CAS-covered
contractors: ``The proposed rule does not provide uniformity or
consistency since it provides for different treatment for acquired
assets of CAS-covered from non-CAS-covered contractors''.
Response: CAS 9904.404-50(d) has been revised to clearly establish
that the acquired tangible capital asset valuations shall be determined
in a consistent manner. As revised, application of the prescribed
techniques in 9904.404-50(d)(1) and 9904.404-50(d)(2) is dependant upon
whether or not the acquired assets were previously utilized in the
performance of either CAS-covered and/or non-CAS covered Federal
contracts that were negotiated on the basis of cost.
Comment: Several commenters expressed their disagreement with the
abandonment of GAAP principles in this revision to CAS 9904.404. The
view was expressed that the CASB should deviate from GAAP only in
exceptional cases and, in the view of these commenters, such an
approach is not warranted in the present case.
Response: The Board has pointed out in its Statement of Objectives,
Policies and Concepts that it will make every reasonable effort to
avoid conflict or disagreement with other bodies having similar
responsibilities. However, it also pointed out that the nature of the
Board's authority and its mission is such that it must retain and
exercise full responsibility for meeting its objectives.
As stated in previous discussions, the Board adopted the ``no step-
up, no step-down'' approach after extensive consideration of the
possible alternative approaches. In particular, the issues associated
with the recognition, allocation and recovery of the gain or loss
subsequent to a merger or business combination were extensively
explored in a Staff Discussion Paper (SDP) entitled ``Treatment of
Gains or Losses Subsequent to Mergers or Business Combinations by
Government Contractors.'' It was only after careful consideration of
the responses to the SDP that the Board decided to proceed with the
``no step-up, no step-down'' approach thereby establishing a cost
accounting practice that diverges from the corresponding practice
recognized for GAAP purposes.
Comment: Several commenters pointed out that since this issue has
been under review by the CAS Board, there have been significant changes
in the statutes and regulations covering mergers and business
combinations by Government contractors. The Government, in order to
encourage contractors to consolidate, has recognized ``external
restructuring'' which allows, in certain circumstances, contractors'
restructuring costs to be charged to Government contracts to the extent
that the restructuring results in savings that exceed the costs. The
commenters argued that the same rationale should be applied to
increased deprecation associated with the revaluation of a purchased
company's assets if the business combination is regarded as an
``external restructuring'', and, that it would be inequitable for the
Government to benefit from all of the savings resulting from
restructuring, while it is unwilling to recognize all of the costs
needed to implement such restructuring.
Response: In issuing this revision, the Board does not intend to
encourage or discourage contractors to consolidate or restructure their
operations. Rather, the Board's intent, in accordance with its stated
objectives, in promulgating this revision, is to increase the degree of
uniformity and consistency in like circumstances in the cost accounting
practices that are used by Government contractors to record tangible
capital asset values subsequent to mergers or business combinations.
The Board believes that this action will result in cost allocations
that are fair and equitable.
Comment: Several commenters offered editorial comments to the
proposed revisions.
Response: All of these comments were considered and, as a result,
the essence of several of these comments were incorporated in the final
rule.
List of Subjects in 48 CFR Part 9904
Cost accounting standards, Government procurement.
Richard C. Loeb,
Executive Secretary, Cost Accounting Standards Board.
For the reasons set forth in this preamble, chapter 99 of title 48
of the Code of Federal Regulations is amended as set forth below:
1. The authority citation for part 9904 continues to read as
follows:
Authority: Public Law 100-679, 102 Stat. 4056, 41 U.S.C. 422.
PART 9904--COST ACCOUNTING STANDARDS
9904.404 Capitalization of tangible assets.
2. Section 9904.404-40 is amended by revising paragraph (b)(1) to
read as follows:
9904.404-40 Fundamental requirement.
* * * * *
(b) * * *
(1) The contractor's policy shall designate a minimum service life
criterion, which shall not exceed 2 years, but which may be a shorter
[[Page 5523]]
period. The policy shall also designate a minimum acquisition cost
criterion which shall not exceed $5,000, but which may be a smaller
amount.
* * * * *
3. Section 9904.404-50 is amended by revising paragraph (d) to read
as follows:
9904.404-50 Techniques for application.
* * * * *
(d) The capitalized values of tangible capital assets acquired in a
business combination, accounted for under the ``purchase method'' of
accounting, shall be assigned to these assets as follows:
(1) All the tangible capital assets of the acquired company that
during the most recent cost accounting period prior to a business
combination generated either depreciation expense or cost of money
charges that were allocated to Federal government contracts or
subcontracts negotiated on the basis of cost, shall be capitalized by
the buyer at the net book value(s) of the asset(s) as reported by the
seller at the time of the transaction.
(2) All the tangible capital asset(s) of the acquired company that
during the most recent cost accounting period prior to a business
combination did not generate either depreciation expense or cost of
money charges that were allocated to Federal government contracts or
subcontracts negotiated on the basis of cost, shall be assigned a
portion of the cost of the acquired company not to exceed their fair
value(s) at the date of acquisition. When the fair value of
identifiable acquired assets less liabilities assumed exceeds the
purchase price of the acquired company in an acquisition under the
``purchase method,'' the value otherwise assignable to tangible capital
assets shall be reduced by a proportionate part of the excess.
* * * * *
4. Section 9904.404-63 is revised to read as follows:
9904.404-63 Effective date.
(a) This Standard is effective April 15, 1996.
(b) This Standard shall be applied beginning with the contractor's
next full cost accounting period beginning after the receipt of a
contract or subcontract to which this Standard is applicable.
(c) Contractors with prior CAS-covered contracts with full coverage
shall continue to follow Standard 9904.404 in effect prior to April 15,
1996, until this Standard, effective April 15, 1996, becomes applicable
after the receipt of a contract or subcontract to which this revised
Standard applies.
5. Section 9904.409-50 is amended by adding a new paragraph (j)(5)
to read as follows:
9904.409-50 Techniques for application.
* * * * *
(j) * * *
(5) The provisions of this subsection 9904.409-50(j) do not apply
to business combinations. The carrying values of tangible capital
assets acquired subsequent to a business combination shall be
established in accordance with the provisions of subsection 9904.404-
50(d).
* * * * *
6. Section 9904.409-63 is revised to read as follows:
9904.409-63 Effective date.
(a) This Standard is effective April 15, 1996.
(b) This Standard shall be applied beginning with the contractor's
next full cost accounting period beginning after the receipt of a
contract or subcontract to which this Standard is applicable.
(c) Contractors with prior CAS-covered contracts with full coverage
shall continue to follow Standard 9904.409 in effect prior to April 15,
1996, until this Standard, effective April 15, 1996, becomes applicable
after the receipt of a contract or subcontract to which this revised
Standard applies.
[FR Doc. 96-3061 Filed 2-12-96; 8:45 am]
BILLING CODE 3110-01-P
Complete official Federal Register PDF
FR Doc. 96-2971 Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Kern County Air Pollution Control District; Santa Barbara County Air Pollution Control District
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5515-5518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2971]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 140-5-7275a; FRL-5402-5]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Kern County Air Pollution Control
District; Santa Barbara County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan (SIP). The revisions concern rules
from the Santa Barbara County Air Pollution Control District (SBCAPCD)
and the Kern County Air Pollution Control District (KCAPCD). This
approval action will incorporate these rules into the Federally
approved SIP. The intended effect of approving these rules is to
regulate emissions of volatile organic compounds (VOCs) in accordance
with the requirements of the Clean Air Act, as amended in 1990 (CAA or
the Act). The rules control VOC emissions from organic liquid loading
and storage, and petroleum sumps, pits, and well cellars. Thus, EPA is
finalizing the approval of these rules into the California SIP under
provisions of the CAA regarding EPA action on SIP submittals, SIPs for
national primary and secondary ambient air quality standards, and plan
requirements for nonattainment areas.
DATES: This action is effective on April 15, 1996 unless adverse or
critical comments are received by March 14, 1996. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rules and EPA's evaluation report for each
rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rules are also
available for inspection at the following locations:
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Kern County Air Pollution Control District, 2700 M Street, Suite 290,
Bakersfield, CA 93301.
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive, B-23, Goleta, CA 93117.
FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),
Air and Toxics Division, U.S.
[[Page 5516]]
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105, Telephone: (415) 744-1200.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: SBCAPCD
Rule 344, Petroleum Sumps, Pits, and Well Cellars; KCAPCD Rule 411,
Storage of Organic Liquids; and KCAPCD Rule 413, Organic Liquid
Loading.
Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 Act or pre-amended Act), that included the South Central Coast
Air Basin and the San Joaquin Valley Air Basin.1 43 FR 8964, 40
CFR 81.305. The South Central Coast Air Basin and the San Joaquin
Valley Air Basin did not attain the ozone standard by their approved
attainment dates.2 On May 26, 1988, EPA notified the Governor of
California, pursuant to section 110(a)(2) of the 1977 Act, that the
SBCAPCD and KCAPCD portions of the California SIP were inadequate to
attain and maintain the ozone standard and requested that deficiencies
in the existing SIP be corrected (EPA's SIP-Call). On November 15,
1990, the Clean Air Act Amendments of 1990 were enacted. Public Law
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended
section 182(a)(2)(A) of the CAA, Congress statutorily adopted the
requirement that nonattainment areas fix their deficient reasonably
available control technology (RACT) rules for ozone and established a
deadline of May 15, 1991 for States to submit corrections of those
deficiencies.
\1\ At the time, Kern County was included in the San Joaquin
Valley Air Basin and the Southeast Desert Air Basin. The San Joaquin
Valley Air Basin was designated as nonattainment and the Southeast
Desert Air Basin was designated as unclassified.
\2\ The South Central Coast Air Basin received an extension of
its attainment date to December 31, 1987. Kern County's attainment
date remained December 31, 1982.
---------------------------------------------------------------------------
On May 20, 1991, the San Joaquin Valley Unified Air Pollution
Control District was formed. This district has authority over the San
Joaquin Valley Air Basin Portion of Kern County. Thus, as of March 20,
1991, the KCAPCD has authority over only the Southeast Desert Air Basin
portion of Kern County.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the CAA amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in EPA's pre-amendment guidance.3 EPA's SIP-Call used
that guidance to indicate the necessary corrections for specific
nonattainment areas. The South Central Coast Air Basin is classified as
moderate; therefore, this area was subject to the RACT fix-up
requirement and the May 15, 1991 deadline. All of Kern County is
classified as serious. However, the Southeast Desert Air Basin portion
of Kern County was not a pre-amendment nonattainment area and,
therefore, was not designated and classified upon enactment of the
amended Act. For this reason, KCAPCD is not subject to the section
182(a)(2)(A) RACT fix-up requirement. The KCAPCD is, however, still
subject to the requirements of EPA's SIP-Call because the SIP-Call
included all of Kern County.4 The substantive requirements of the
SIP-Call are the same as those of the statutory RACT fix-up
requirement.
\3\ Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\4\ The South Central Coast Air Basin and the San Joaquin
Valley Air Basin portion of the KCAPCD retained their nonattainment
designations and were classified by operation of law pursuant to
sections 107(d) and 181(a) upon the date of enactment of the CAA.
The Southeast Desert Air Basin portion of the KCAPCD was designated
nonattainment on November 6, 1991. See 56 FR 56694 (November 6,
1991).
---------------------------------------------------------------------------
This notice addresses EPA's direct final action for SBCAPCD Rule
344, Petroleum Sumps, Pits, and Well Cellars; KCAPCD Rule 411, Storage
of Organic Liquids; and KCAPCD Rule 413, Organic Liquid Loading.
SBCAPCD adopted Rule 344 on November 10, 1994, and the State of
California submitted Rule 344 for incorporation into its SIP on January
24, 1995. The submitted rule was found to be complete on February 24,
1995, pursuant to EPA's completeness criteria that are set forth in 40
CFR part 51, appendix V.5 KCAPCD Rule 411 and Rule 413 were both
adopted on April 6, 1995, and submitted on May 25, 1995. These rules
were found to be complete on July 24, 1995.
\5\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
---------------------------------------------------------------------------
SBCAPCD Rule 344 controls VOC emissions from petroleum liquids in
sumps, pits, and well cellars. KCAPCD Rule 411 controls VOCs from
organic liquid storage tanks, and Rule 413 controls VOCs during organic
liquid loading operations. VOCs contribute to the production of ground
level ozone and smog. These rules were originally adopted as part of
district efforts to achieve the National Ambient Air Quality Standard
for ozone and in response to EPA's SIP-Call. The following is EPA's
evaluation and direct final action for these rules.
EPA Evaluation
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 3. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
For the purpose of assisting State and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG
applicable to SBCAPCD Rule 344 is ``Control of Refinery Vacuum
Producing Systems, Wastewater Separators, and Process Unit
Turnarounds,'' EPA 450/2-77-025. There are two CTGs applicable to
KCAPCD Rule 411: ``Control of Volatile Organic Emissions from Petroleum
Liquid Storage in External Floating Roof Tanks,'' EPA 450/2-78-047, and
``Control of Volatile Organic Emissions from Petroleum Liquid Storage
in Fixed Roof Tanks,'' EPA 450/2-77-036. The two CTGs applicable to
KCAPCD Rule 413 are ``Control of Hydrocarbons from Tank Truck Gasoline
Loading Terminals,'' EPA 450/2-77-026, and ``Control of Volatile
Organic Emissions from Bulk Gasoline Plants,'' EPA 450/2-77-035.
Further interpretations of EPA policy are found in the Blue Book,
referred to in footnote 3. In general, these guidance documents have
been set forth to ensure that VOC rules are fully
[[Page 5517]]
enforceable and strengthen or maintain the SIP.
SBCAPCD Rule 344 is a new rule which controls VOC emissions from
the use of petroleum sumps, pits, and well cellars. The rule prohibits
the use or installation of primary sumps. Pits and post-primary sumps
must be either replaced by storage tanks or installed with well-
maintained covers.
KCAPCD's submitted Rule 411 is an amended rule that includes the
following significant changes from the current SIP:
Adds definitions, recordkeeping requirements, and test
methods.
Deletes outdated compliance schedules.
KCAPCD Rule 413 is also an amended rule and contains the
following significant changes from the current SIP:
Adds definitions, recordkeeping requirements, and test
methods.
Adds a VOC limit for bulk terminals, a pressure limit for
delivery tanks, and a bottom loading requirement for bulk terminals.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SBCAPCD Rule 344, KCAPCD Rule 411, and KCAPCD Rule 413 are
being approved under section 110(k)(3) of the CAA as meeting the
requirements of section 110(a) and part D.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the State implementation plan shall
be considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 15, 1996, unless, by March 14, 1996, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective April 15, 1996.
Regulatory Process
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this State implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this direct final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
Small Businesses
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over populations of less than
50,000.
SIP approvals under sections 110 and 301(a) and subchapter I, part
D of the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.
Ct. 1976); 42 U.S.C. 7410 (a)(2).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by a July
10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air
and Radiation. The Office of Management and Budget has exempted this
regulatory action from Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: December 15, 1995.
David P. Howekamp,
Acting Regional Administrator.
Subpart F of part 52, chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(214)(i)(C)(2)
and (c)(221) as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(214) * * *
(i) * * *
(C) * * *
(2) Rule 344, adopted on November 10, 1994.
* * * * *
(c) * * *
(221) New and amended regulations for the following APCDs were
submitted on May 25, 1995 by the Governor's designee.
(i) Incorporation by reference.
(A) Kern County Air Pollution Control District.
[[Page 5518]]
(1) Rule 411 and Rule 413, adopted on April 6, 1995.
* * * * *
[FR Doc. 96-2971 Filed 2-12-96; 8:45 am]
BILLING CODE 6560-50-W
Complete official Federal Register PDF
FR Doc. 96-2684 Airworthiness Directives; American Champion Aircraft Corporation Models 8KCAB, 8GCBC, 7GCBC, and 7ECA Airplanes
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5501-5503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2684]
========================================================================
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. 30 / Tuesday, February 13, 1996 /
Rules and Regulations
[[Page 5501]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-CE-08-AD; Amendment 39-9508; AD 96-03-11]
Airworthiness Directives; American Champion Aircraft Corporation
Models 8KCAB, 8GCBC, 7GCBC, and 7ECA Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to American Champion Aircraft Corporation (American Champion)
Models 8KCAB, 8GCBC, 7GCBC, and 7ECA airplanes that are equipped with
metal spar wings. This action requires inspecting (one time) the wing
front strut fittings for cracks or scratches, replacing any wing front
strut fittings found cracked or scratched, and reporting the inspection
results to the Federal Aviation Administration (FAA). Fatigue cracks
found on the wing front strut fittings on two Model 8KCAB airplanes
prompted this action. The actions specified by this AD are intended to
prevent structural failure of a wing assembly caused by cracked or
scratched wing front strut fittings, which, if not detected and
corrected, could result in loss of control of the airplane.
DATES: Effective February 26, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 26, 1996.
Comments for inclusion in the Rules Docket must be received on or
before April 12, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-08-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
the American Champion Aircraft Corporation, 32032 Washington Avenue,
Rochester, Wisconsin 53167. This information may also be examined at
the FAA, Central Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket 96-CE-08-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106; or at the Office of the Federal Register,
800 North Capitol Street NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Forest, Aerospace Engineer,
FAA, Chicago Aircraft Certification Office, 2300 E. Devon, room 232,
Des Plaines, Illinois 60018; telephone (847) 294-7697; facsimile (847)
294-7834.
SUPPLEMENTARY INFORMATION: The FAA has received a report of an American
Champion Model 8KCAB airplane breaking apart in flight and resulting in
a fatal accident. The cause of the accident is attributed to the pilot
operating the airplane outside of its approved flight envelope during
aerobatic instruction. During the accident investigation, the National
Transportation Safety Board (NTSB), American Champion, and the FAA
examined the remains of the accident airplane, including the separated
pieces of the wing and fuselage structure. This examination revealed
fatigue cracking of the wing front strut fittings.
The design of the wing and fuselage structure is such that the
outboard ends of the wing fittings for each primary strut are bolted to
the web of the wing's front spar. One fitting is on the forward side of
the web and one is on the aft side of the web. The fittings then
transition to a wider area where the strut is attached with a bolt. In
the above-referenced accident, the forward fitting fractured through
the transition area (approximately in the center of the fitting
length), causing the fitting to separate. This wing strut fitting
transition area contains an aft leg that is assembled against the
forward face of the wing spar web and a forward leg.
Investigation of the fitting from the accident aircraft revealed
that small, sharp scratches in the forward edge of the shorter portion
of the aft leg contributed to the fatigue cracking in the wing fitting.
Metallurgical examination of the fitting indicates that these fatigue
cracks formed in scratches and surface deformities that resulted during
the manufacturing process, and existed prior to the accident.
Since the accident, the FAA and American Champion have inspected
another Model 8KCAB airplane and found fatigue cracks on two of the
four wing strut fittings. These fatigue cracks also originated from
scratches and surface deformities in the wing front strut fitting. In
addition, evaluation of new uninstalled wing front strut fittings
reveal these scratches and surface deformities.
American Champion Models 8GCBC, 7GCBC, and 7ECA airplanes
incorporate the same design fitting that the Model 8KCAB airplanes
incorporate. The fittings of these airplanes do incur lower stress
levels compared to the fittings of the Model 8KCAB airplanes; however,
the FAA does not know at what stress levels fatigue cracks will form in
the area of scratches or surface deformities of these fittings, and how
many or which fittings have scratches or surface deformities as a
result of the manufacturing process.
The FAA does know that the accident airplane had accumulated
approximately 890 hours time-in-service (TIS) and the airplane
inspected that had fatigue cracks in two of the four wing front strut
fittings had accumulated about 200 hours TIS. While a full analysis of
the fatigue crack growth on these fittings is currently taking place,
the FAA feels that the above range of hours TIS on the two aircraft
found with fatigue cracks presents an immediate unsafe condition on the
American Champion Models 8KCAB, 8GCBC, 7GCBC, and 7ECA airplanes that
may have scratches or surface deformities on any wing front strut
fitting.
American Champion has issued Service Letter 408, dated January 24,
1996, which specifies procedures for inspecting the wing front strut
fittings for cracks or scratches. This service letter includes a figure
that depicts the crosshatched areas of the wing front strut fittings to
be inspected.
After examining the circumstances and reviewing all available
information
[[Page 5502]]
related to the incidents described above including the referenced
service letter, the FAA has determined that (1) the wing fittings of
all American Champion airplane models that incorporate metal wing spars
should be inspected to detect and correct any cracks, scratches, or
surface deformities; and (2) AD action should be taken to prevent
structural failure of a wing assembly caused by cracked or scratched
wing front strut fittings, which, if not detected and corrected, could
result in loss of control of the airplane.
Since an unsafe condition has been identified that is likely to
exist or develop in other American Champion Models 8KCAB, 8GCBC, 7GCBC,
and 7ECA airplanes of the same type design that are equipped with metal
spar wings, this AD requires inspecting (one-time) the wing front strut
fittings for cracks, scratches, or surface deformities, and replacing
any wing front strut fittings found with cracks, scratches, or surface
deformities. The proposed AD would also require the owners/operators of
the affected airplanes to report the results of the one-time inspection
to the FAA. The FAA will then analyze these reports to determine
whether additional rulemaking (repetitive inspections, modifications,
etc.) is necessary for these airplanes. Accomplishment of the
inspection is in accordance with American Champion Service Letter 408.
This service letter also depicts the crosshatched areas of the wing
front strut fittings to be inspected. The replacement (if necessary) is
accomplished in accordance with the applicable maintenance manual.
Since a situation exists (possible structural failure of the wing
assembly caused by cracked or scratched wing front strut fittings) that
requires the immediate adoption of this regulation, it is found that
notice and opportunity for public prior comment hereon are
impracticable, and that good cause exists for making this amendment
effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in evaluating the effectiveness of the AD action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 96-CE-08-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and is not a significant regulatory action under
Executive Order 12866. It has been determined further that this action
involves an emergency regulation under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979). If it is determined that
this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
96-03-11 American Champion Aircraft Corporation: Amendment 39-9508;
Docket No. 96-CE-08-AD.
Applicability: The following airplane models and serial numbers,
certificated in any category, that are equipped with metal spar
wings:
--Model 8KCAB airplanes, serial numbers 643-90 through 762-95;
--Model 8KCAB airplanes, all serial numbers, that are equipped with
metal spar wings, wing assembly part number 7-1521 (installed in
accordance with American Champion Service Kit 403);
--Model 8GCBC airplanes, serial numbers 361-91 through 374-95;
--Model 8GCBC airplanes, all serial numbers, that are equipped with
metal spar wings, wing assembly part number 7-1542;
--Model 7GCBC airplanes, serial numbers 1200-94 through 1212-95;
--Model 7GCBC airplanes, all serial numbers, that are equipped with
metal spar wings, wing assembly part number 7-1541;
--Model 7ECA airplanes, serial numbers 1355-95 through 1357-95; and
--Model 7ECA airplanes, all serial numbers, that are equipped with
metal spar wings, wing assembly part number 7-1567.
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 (d) 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 follows:
--Within the next 50 hours time-in-service after the effective date
of this AD, unless already accomplished; and
--Upon the installation of metal spar wings, unless the replacement
wings have been inspected in accordance with this AD prior to
installation.
To prevent structural failure of a wing assembly caused by
cracked or scratched
[[Page 5503]]
wing front strut fittings, which, if not detected and corrected, could
result in loss of control of the airplane, accomplish the following:
(a) Inspect the wing front strut fittings for cracks, scratches,
or surface deformities in accordance with the instructions in
American Champion Aircraft Corporation Service Letter 408, dated
January 24, 1996. Figure 3 of Service Letter 408 depicts the
crosshatched areas of the fittings that must be inspected. This
service letter specifies both a visual inspection and the choice of
either a dye penetrant, Zyglo test, ultrasonic, or x-ray inspection.
Prior to further flight, replace any wing front strut fitting that
has any crack, scratch, or surface deformity, with a wing front
strut fitting that is found to be free of cracks, scratches, and
surface deformities. Accomplish this replacement in accordance with
the instructions in the applicable maintenance manual.
Note 2: American Champion Aircraft Corporation Service Letter
408 specifies replacing the wing strut fitting if scratches are
found that are deeper than 0.010 inch. This AD requires replacing
the wing strut fitting if any scratch is found and takes precedence
over that specified in the service letter.
Note 3: American Champion Service Letter 408 only references
wing front strut fittings, part numbers 3-1632-1 and 3-1632-2.
Certain airplanes will incorporate wing front strut fittings, part
numbers 3-1646R and 3-1646L, depending on the specific airplane
design. The design of the critical area of the strut is the same and
the inspection procedures apply to all of the above-referenced wing
front strut fitting part numbers.
(b) Send the results of the inspection required by paragraph (a)
of this AD within 10 calendar days after the inspection to the
Manager, Chicago Aircraft Certification Office (ACO), 2300 E. Devon,
room 232, Des Plaines, Illinois 60018. Include the airplane serial
number, and the condition and number of hours time-in-service of
each cracked or scratched wing front strut fitting at the time of
inspection. (Reporting approved by the Office of Management and
Budget under OMB no. 2120-0056.)
(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) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Chicago ACO, at the address specified in
paragraph (b) of this AD. The request shall be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Chicago ACO.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Chicago ACO.
(e) The inspections required by this AD shall be done in
accordance with American Champion Aircraft Corporation Service
Letter 408 dated January 24, 1996. 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
American Champion Aircraft Corporation, 32032 Washington Avenue,
Rochester, Wisconsin 53167. Copies may be inspected at the FAA,
Central Region, Office of the Assistant Chief Counsel, Room 1558,
601 E. 12th Street, Kansas City, Missouri, or at the Office of the
Federal Register, 800 North Capitol Street, NW., 7th Floor, suite
700, Washington, DC.
(f) This amendment (39-9508) becomes effective on February 26,
1996.
Issued in Kansas City, Missouri, on January 31, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-2684 Filed 2-12-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-2574 Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea and Aleutian Islands Area; Consolidation of Regulations Including Recordkeeping and Reporting Requirements
[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5608-5643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2574]
[[Page 5607]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
50 CFR Parts 672 and 675
Consolidation of Regulations Including Recordkeeping and Reporting
Requirements; Final Rule
Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 /
Rules and Regulations
[[Page 5608]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 672 and 675
[Docket No. 950727194-6005-02; I.D. 062795C]
RIN 0648-AG54
Groundfish of the Gulf of Alaska; Groundfish Fishery of the
Bering Sea and Aleutian Islands Area; Consolidation of Regulations
Including Recordkeeping and Reporting Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is consolidating and revising several sections of
regulations, including the recordkeeping and reporting requirements,
for use in the groundfish fisheries of the Gulf of Alaska (GOA) and the
Bering Sea and Aleutian Islands management area (BSAI). The changes
made by this rule are expected to facilitate management of the
groundfish fisheries, promote compliance with groundfish regulations,
and facilitate enforcement efforts. This action is intended to further
the goals and objectives of the fishery management plans (FMPs) for the
groundfish fisheries off Alaska.
EFFECTIVE DATE: March 13, 1996.
ADDRESSES: Individual copies of the environmental assessment/regulatory
impact review prepared for this action may be obtained from Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802, Attention: Lori J. Gravel.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.
SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in
the exclusive economic zone (EEZ) of the BSAI and the GOA is managed by
NMFS in accordance with the Fishery Management Plan (FMP) for
Groundfish of the Gulf of Alaska and the Fishery Management Plan for
the Groundfish Fishery of the Bering Sea and Aleutian Islands Area. The
FMPs were prepared by the North Pacific Fishery Management Council
(Council) under the Magnuson Fishery Conservation and Management Act
(Magnuson Act). The FMPs are implemented by regulations that appear at
50 CFR parts 672, 675, and 676. General regulations that also govern
the groundfish fisheries appear at 50 CFR part 620.
This rule consolidates several sections of regulations in parts 672
and 675, corrects errors, clarifies vague text, removes outdated
requirements, as well as simplifies and streamlines the remaining
regulations, including the recordkeeping and reporting requirements.
A proposed rule addressing these concerns was published in the
Federal Register on September 8, 1995 (60 FR 46936). Public comment was
invited through October 10, 1995. NMFS received 21 letters containing
50 comments. Similar comments were grouped together, resulting in 32
comments. The comments are summarized and responded to below in the
Response to Comments section.
Changes in the Final Rule From the Proposed Rule
The final rule includes the following changes from the proposed
rule:
1. In addition to catcher vessels less than 5 net tons (4.5 mt),
catcher vessels under 60 feet (18.3 m) length overall (LOA) will not be
required to maintain a Daily Fishing Logbook (DFL), and therefore will
not submit the blue discard copy to shoreside processors, motherships,
or buying stations.
2. Beginning with 1996, catcher vessels delivering unsorted codends
to a Mothership or Shoreside Processor will be exempt from the
requirement to submit a blue DFL discard logsheet with the harvest.
3. With catcher vessels logging only total round fish weight,
documenting individual fishing quota (IFQ) catch by area currently is
not required. To promote compliance with recent changes allowing
fishing in multiple areas on the same trip, the DFL format and
procedure are changed to require catcher vessels to enter daily in the
DFL estimated IFQ sablefish harvest amounts by reporting area in the
``Comments'' column.
4. The processor permit application is revised to allow motherships
and catcher/processors under 125 feet (38.1 m) LOA that process pollock
in the Gulf of Alaska (GOA) and the Bering Sea and Aleutian Islands
(BSAI) and/or Pacific cod in the GOA to choose to process in either the
inshore or offshore component for the entire fishing year.
5. The definition of ``round-weight equivalent'' at Sec. 672.2 is
revised by changing the words, ``as listed in Sec. 672.20(j)'' to read
``as listed in Table 3 of this part.''
6. The definition for fishing trip is revised at
Secs. 672.20(h)(2), 672.20(i)(4), 675.20(i)(2), and 675.20(j)(4). The
term, fishing trip, formerly had two separate but similar definitions.
With this change, only one definition exists.
7. The following figures are revised:
Figures 1a, 4a, 5a, 6, and 7, pages 46961, 46966, 46968, 46970, and
46971 (page numbers refer to the document published on September 8,
1995, at 60 FR 46936, et seq., are revised to remove a duplicate title;
Figure 2, page 46963, is revised to reflect new boundaries of the
Catcher Vessel Operational Area (CVOA) as changed by a recent final
rule and also to remove a duplicate title; and Figure 3a, page 46964,
is revised to add lines that reflect the boundaries of GOA reporting
areas 649 and 659 and also to remove a duplicate title.
8. Cross references were added to Sec. 672.2 for the following
terms: Fixed gear; fishing trip.
9. The definitions of inshore component and offshore component are
revised at Sec. 672.2 to be consistent with a recent final rule making
that change.
10. Paragraph 672.4(l) is removed and paragraphs 672.7 (i) and (j)
and 675.7 (l) and (m) are revised to make allowance for the eventual
reopening of the Donut Hole if an international agreement is in place
under the Convention of the Conservation and Management of Pollock
Resources in the Central Bering Sea to manage pollock fisheries in the
Donut Hole. Paragraph 672.4(m) is renumbered as 672.4(l).
11. Table 2, pages 46953 and 46954, is revised to add a species
code 888 for mixed species tote (for use with Product Transfer Reports
only).
12. Four product recovery rate values in Table 3, page 46954, for
FMP species = sablefish, are corrected as follows:
H&G with roe (6) should be blank;
H&G western cut (7) should be 0.68;
H&G eastern cut (8) should be 0.63; and
H&G without tail (10) should be 0.50.
13. Three retainable percentage values in Table 10, page 46959, are
corrected as follows:
For basis species versus bycatch species:
Flathead sole versus sablefish should be 15;
Flathead sole versus aggregated rockfish should be 15; and
Flathead sole versus demersal shelf rockfish (DSR) in the Southeast
Outside District of the Eastern Regulatory Area of the GOA (SEEO)
should be 1.
14. One retainable percentage value in Table 11, page 46960, is
corrected as follows:
For basis species versus bycatch species:
Pacific Ocean perch versus Greenland turbot should be 35.
15. A typographical error on page 46942, third column, seventh line
is
[[Page 5609]]
corrected as follows: ``weekly production'' should be ``weekly
production'' report.
Response to Comments
Catcher Vessel Daily Fishing Logbook (DFL)
Comment 1. Redesign the catcher vessel DFL format and submittal
procedure to: (1) Revise blue DFL logsheet delivery schedule and
procedure for deliveries of unsorted codends to motherships; (2) Allow
multiple entries on one DFL logsheet for each fishing trip; (3)
Determine procedure for multiple offloads of a single catcher vessel in
one day.
Response. NMFS concurs. The catcher vessel logbook format is
revised and the procedure for submittal of the DFL is revised. (1) For
deliveries of unsorted codends, the catcher vessel would be exempt from
recording of discards in the DFL and submittal of the blue logsheet
(discards copy) for that delivery. The operator of the catcher vessel
would check an ``unsorted codend'' box on the DFL, and the blue
logsheet would remain with the DFL. For presorted deliveries, or in the
event a catcher vessel has ``bled'' a codend prior to delivery to a
processor, the operator would check a ``presorted delivery'' box, enter
estimated amount of discards by species, and submit the blue logsheet
to the processor with each harvest delivery.
(2) and (3). Instead of requesting daily information on one DFL
page, the DFL format is revised to request start and end dates of a
fishing trip. The fishing trip date would be 1 day for those vessels
making multiple trips in 1 day, or the fishing trip could be as long as
7 days within a weekly reporting period. The operator would complete
one logsheet for multiple trips (offloads) in 1 day or multiple days in
one trip. In either case, the operator would submit only one blue
logsheet to the processor for the trip (unless more than one logsheet
is used to document the trip).
The operator of the catcher vessel still would be required to
account for each day of the fishing year in the DFL, and the time
periods would need to be consecutive in the logbook. The mothership
would sort catch received from unsorted codends and record the
discarded species in the Daily Cumulative Production Logbook (DCPL) as
discard at sea. The precedent for allowing one or more options in the
use of a single logsheet has been successfully demonstrated through the
use of the shoreside processor logsheet.
Comment 2. Revise the DFL format and procedure for submittal of a
blue discard logsheet as follows: (1) Require only the last blue
logsheet per fishing trip be submitted; (2) have each catcher vessel
submit a blue logsheet only if discard occurs at sea; and (3) have
catcher vessel submit discard data via radio to mothership.
Response. The difficulties addressed by these comments concerning
submittal of the blue logsheet have been corrected by the revised DFL
format and submittal procedure as indicated in Response to Comment 1.
Comment 3. Change position reporting requirements in the DFL,
catcher/processor DCPL, and mothership DCPL for haul set and retrieve
data from degrees and minutes to degrees, minutes, and tenths of
minutes or change to degrees, minutes, and seconds to improve data used
for Global Positioning System (GPS) research by the Alaska Fisheries
Science Center of spatial patterns of resource use and the occurrence
of bycatch. At the current level of spatial resolution, heavily fished
areas have many reported hauls at basically the same latitude and
longitude when reported in degrees and minutes.
GOA and BSAI fishermen use one of two radionavigation systems:
Loran C and the GPS. Loran C, planned for phase-out by the U.S. Coast
Guard (USCG) in the year 2000, converts to latitude and longitude in
degrees, minutes, and fractions of minutes. GPS systems generally have
the option to read latitude and longitude in degrees, minutes, seconds
or fractions of minutes.
Response. NMFS concurs. The proposed rule included a revision to
record position in degrees, minutes, and seconds. However, based on
discussions among NMFS management, NMFS Enforcement, and the USCG,
position resolution finer than degrees and minutes will be included as
an option rather than a requirement, because finer resolution is not
needed for management of groundfish quotas or for enforcement of
fisheries regulations.
Comment 4. Revise the DFL to request set-specific tally on the
target species. This would allow the operator to use the DFL to see how
each set performed and at what depths from beginning to end.
Response. NMFS will consider this comment with the next
recordkeeping and reporting revision.
Comment 5. On the DFL, add a box in the remarks section of the
``active, but no fishing activity'' that says, ``Non-groundfish
fishery. No groundfish retained for sale.''
Response. NMFS disagrees. Currently, the operator is requested to
write the reason for not fishing. The box should remain blank, because
reasons for inactivity exist other than participation in a non-
groundfish fishery.
Comment 6. Require catcher vessels involved in the IFQ sablefish
fisheries to estimate and record in the DFL the weight of IFQ sablefish
brought on board.
Response. NMFS concurs. With catcher vessels logging only total
round fish weight, documenting IFQ catch by area currently is not
required. To promote compliance with recent changes allowing fishing in
multiple areas on the same trip, the DFL format and procedure are
changed to require catcher vessels to enter daily in the DFL estimated
IFQ sablefish harvest amounts by reporting area in the ``Comments''
column.
Comment 7. Require a vessel to have a quota share on board in order
to conduct a directed hook-and-line fishery for halibut or sablefish.
Response. ``Quota share'' refers back to the original percentage of
sablefish or Pacific halibut for which a person is eligible (see
Sec. 676.20(f)). This information does not need to be on board while
fishing for one of those species. However, NMFS: Requires that a valid
IFQ permit and IFQ card in the name of the shareholder be onboard (see
Sec. 676.16(c)); prohibits the retention of IFQ halibut or IFQ
sablefish on a vessel in excess of the total amount of unharvested IFQ
that is held by all IFQ card holders aboard the vessel (see
Sec. 676.16(d)); and provides that the IFQ assigned to a person
represents the maximum amount of halibut or sablefish that may be
harvested by that person (see Sec. 676.20(f)).
Comment 8. Require vessels to enter appropriate IFQ number(s) in
the logbooks for all hook-and-line sablefish landings.
Response. NMFS will consider this comment with the next
recordkeeping and reporting revision.
Comment 9. Combine groundfish DFL with other related recording and
reporting systems, specifically: (1) Require catcher vessels involved
in the IFQ fisheries to record in the DFL, IFQ sablefish information
and IFQ permit information; (2) combine groundfish DFL with
International Pacific Halibut Commission (IPHC) halibut logbooks; and
(3) incorporate the marine mammal logbook into the DFL.
Response. NMFS concurs and will consider this comment in the next
recordkeeping and reporting revision.
Comment 10. Add the effective date of the logbooks on the front
cover.
Response. NMFS concurs. The logbook covers are revised to include
this information.
[[Page 5610]]
Comment 11. Add to vessel logbooks, space to record the USCG
documentation number, state registration number, and the marine mammal
exemption number.
Response. NMFS will consider this comment with the next
recordkeeping and reporting revision.
Comment 12. Revise the logbook formats to include additional
information: (1) Print the address where logsheet quarterly submittals
must be mailed; and (2) print reporting codes, species and product
codes.
Response. NMFS concurs. Logbooks have been revised to include the
mailing information on the back cover. The reporting codes, species
codes, and product codes are included in an instruction packet enclosed
in the cover of each logbook.
Comment 13. Expand authorized gear definitions to include the
definitions of fixed gear, for purposes of IFQ.
Response. The GOA and BSAI groundfish regulations define specific
groundfish gear types at 50 CFR Sec. 672.2 under the definition for
authorized fishing gear. The term, fixed gear, is defined at 50 CFR
Sec. 676.11 with respect to IFQ sablefish and IFQ halibut. A cross-
reference for fixed gear to Sec. 676.11 is added to the definitions at
Sec. 672.2.
Comment 14. Add questions addressing safety requirements for
fishing vessels to the Federal Fisheries Permit application. These
questions would be answered by operators of fishing vessels required to
carry observers under 50 CFR part 677.
Response. NMFS will consider this comment with the next
recordkeeping and reporting revision.
Comment 15. Add target species to the Weekly Production Report
(WPR) to enhance calculation of halibut mortality for deep-water versus
shallow-water targets in the GOA and trawl fisheries in the BSAI.
Response. NMFS disagrees. The calculation of halibut mortality for
these targets is performed at NMFS after receipt of WPR based on
formulae written into the programs.
Comment 16. Reinstate reporting exemption for incidental groundfish
catches for small boats.
Response. Adjustments in recordkeeping and reporting requirements
are needed due to changes in regulations brought on by the IFQ Program
and the North Pacific Fisheries Research Plan. Because time is
insufficient to make these adjustments for 1996, regulations at 50 CFR
Sec. 672.5 are revised to include an exemption from compliance with
recordkeeping requirements for vessels less than 60 ft (18.3 m) LOA
participating in GOA or BSAI groundfish fisheries.
Comment 17. Relocate paragraph 672.22(d) to section 672.7
Prohibitions.
Response. NMFS concurs. This prohibition already appears at
Sec. 672.7(c), so Sec. 672.22(d) is removed.
Comment 18. Add a species composition table to the regulations for
use with the annual specifications notice.
Response. While this comment has merit, NMFS is not implementing it
in this rulemaking. Currently, the species composition tables appear in
the Federal Register each year as footnotes to Table 1 for both GOA and
BSAI specifications. The public can refer to these tables for updated
species composition upon which the interim, proposed, and final
specifications are based.
Comment 19. Change the wording in the condition section of Federal
Fisheries Permit to make allowance for the eventual reopening of the
Donut Hole to permitted vessels.
Response. NMFS agrees. The text in the condition section of the
permit is revised to allow fishing in the Donut Hole if an
international agreement is in place under the Convention of the
Conservation and Management of Pollock Resources in the Central Bering
Sea to manage pollock fisheries in the Donut Hole (Public Law 104-43,
section 104(d)).
Comment 20. Revisions and addition of maps: (1) In Figure 3, draw
lines to reflect the bounds of GOA reporting areas 649 and 659; (2) add
a map with place names for the area around the Bering Sea and Gulf of
Alaska reporting area 610; and (3) add a map for Pribilof Islands
closure area and change regulations text to refer to the figure.
Response. (1) NMFS agrees. The figure is revised; however, the
figure depicting the GOA is not to scale and merely indicates that
boundaries exist rather than depicting accurately the boundaries
themselves; (2) NMFS will review this comment in the next revision of
the recordkeeping and reporting regulations; and (3) NMFS concurs;
however, this comment will be addressed in the next revision of the
recordkeeping and reporting regulations.
Comment 21. NMFS could use DFL information for research purposes,
for example: (1) Build an adequate shelf model distribution for depth
and area through use of a bar scanner to project handwritten set
positions and catch performance on a chart; and (2) develop regional/
seasonal correlatives through observers recording spawning times in an
area, then analyze the results for possible closures during these times
by using block chart areas.
Response. NMFS agrees that utilization of groundfish data collected
for monitoring of the fisheries could be used for further research;
however, this comment is not relevant to the recordkeeping and
reporting proposed rule.
Comment 22. Change the definition of a fishing trip for a catcher
vessel.
Response. NMFS concurs, although the definition of a fishing trip
is standardized rather than revised. The text of the regulations at
Secs. 672.20(h)(2) and (i)(4) and 675.20(i)(2) and (j)(4) is revised,
so that a standard definition of a fishing trip exists in both the GOA
and BSAI. A cross reference to the term, fishing trip, is added at
Sec. 672.2.
Comment 23. The logbook instructions tell how to submit quarterly
logsheets for an inactive period that includes the end of one fishing
quarter and the start of another fishing quarter. This information
should be included in the regulations.
Response. NMFS concurs. This language is added to the regulations
at Sec. 672.5(a)(14)(c).
Comment 24. Allow the use of the number ``0'' or the word ``ZERO''
as well as ``NO DISCARDS'' to account for discard species when no
discards occurred.
Response. NMFS concurs. This language is added to the regulations
at Sec. 672.5(a)(10)(iv).
Comment 25. For purposes of the Vessel Activity Report (VAR), why
is there a distinction made between ``the seaward boundary of the EEZ
off Alaska'' and ``the United States/Canada international boundary''?
Response. Entering directly into Alaska State waters from Canadian
waters is possible, thus avoiding the ``seaward boundary of the EEZ off
Alaska.''
Comment 26. Add a prohibition against adjusting scale weights for
water content of fish.
Response. NMFS concurs; however this comment will be considered in
the next revision of the recordkeeping and reporting regulations.
Comment 27. Standardize format of regulations as follows: (1)
Capitalization of the words: Shoreside processor, mothership, catcher/
processor, buying station, catcher vessel, support vessel, tender
vessel, processor vessel, Federal Fisheries Permit number, Federal
Processor Permit number, Alaska Department of Fish & Game (ADF&G)
vessel number, and ADF&G processor code; (2) the word, codend, is one
word, not two; (3) standardize the use of either of the terms,
shoreside processor and
[[Page 5611]]
shoreside processing operation; (4) standardize capitalization of
report names.
Response. (1) NMFS concurs; capitalization is made consistent
within the final rule; (2) NMFS concurs; the correction is made; (3)
NMFS concurs, and standardization of the terms is accomplished within
the breadth of this final rule. However, many other instances of the
inconsistent use of shoreside processor and shoreside processing
operation occur in other areas of the regulations. Because more time is
needed to complete this task, this comment will be considered more
fully in the next revision of the recordkeeping and reporting
regulations; (4) NMFS concurs; capitalization is made consistent within
the final rule.
Comment 28. The requirement to disclose the number of days fished
on logbooks and on the WPR should remain rather than be removed as
proposed, as this is an excellent cross-check with other reports to
determine number of days fished for vessels. The number of days fished
is important to calculate observer coverage requirements.
Response. NMFS disagrees. Number of days fished may be calculated
from other information in the logbooks.
Comment 29. WPRs should not list ADF&G Fish Ticket numbers, because
Fish Tickets are completely voluntary for processors operating in the
EEZ. The Federal government cannot enforce a voluntary State of Alaska
program.
Response. Although issuance of ADF&G Fish Tickets is voluntary for
processors operating in the EEZ, many of those processors comply with
the State of Alaska requirement. If a fish ticket is issued, NMFS
requests that the fish ticket number be listed on the WPR.
Comment 30. Add to the regulations that groundfish caught
incidental to the non-groundfish fishery may be retained on board the
vessel for use as bait during the period of the non-groundfish fishery.
They may not be retained after closure of the non-groundfish fishery,
or sold, or transferred from the vessel.
Response. NMFS concurs; however, this comment will be considered in
the next revision of the recordkeeping and reporting regulations.
Comment 31. Product Transfer Report submittal requirements should
not be changed from 1 week to 24 hours after the completion of the
offload. Management offices need 1 week to maintain oversight of the
vessels reporting.
Response. NMFS disagrees; more timely information is generally more
accurate.
Comment 32. Create provisions in the regulations to deal with
weekend reporting where a management office chooses to oversee the
vessels reporting. Without time to complete reporting requirements in
the management office, reporting would have to come straight from the
vessel. Not only is it more costly, it would prevent management offices
from being up to date on where the vessels are checked in and whether
or not they have complied with regulations.
Response. NMFS disagrees; processor vessels are required to submit
timely reports. Submission of reports to NMFS will not preclude the
management office from monitoring their vessels' reporting.
Classification
The Director, Alaska Region, NMFS, determined that the regulatory
amendment is necessary for the conservation and management of the GOA
and BSAI management area fisheries and it is consistent with the
Magnuson Act and other applicable laws.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published in the notice of proposed rule (60 FR 46936,
September 8, 1995). As a result, a regulatory flexibility analysis was
not prepared.
This rule has been determined to be not significant for purposes of
E.O. 12866.
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act. The collections of information have
been approved by the Office of Management and Budget (OMB), OMB Control
Numbers 0648-0213 and 0648-0206. Additional burden would result from
the requirements set forth for the new Buying Station DCL and Check-in/
Check-out report, and also from revisions to existing reports.
An estimated additional response time for compliance with these new
forms is expected to be between 25 minutes and 2.0 hours annually for
the operator or manager of each processor or Buying Station and 27
minutes for each Catcher Vessel operator. The additional annual burden
to Shoreside Processors and Buying Stations to comply with requirements
for Check-in/Check-out reports is estimated to average about 8 minutes
and 6 minutes, respectively, for each Check-in or Check-out report.
Revisions to the format of other logbooks and/or additions to
information collected by logbooks are minimal and are not anticipated
to significantly increase reporting burden to the industry. The
requirements include: The U.S. Vessel Activities Report, 15 minutes;
Weekly Production Report, 18 minutes; Daily Production Report, 10
minutes; Processor Product Transfer Report, 11 minutes; the Catcher
Vessel Logbook, 15 minutes; and Federal Fishing Permits, 20 minutes.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB Control Number.
List of Subjects in 50 CFR Parts 672 and 675
Fisheries, Reporting and recordkeeping requirements.
Dated: January 31, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 672 and 675
are amended as follows:
PART 672--GROUNDFISH OF THE GULF OF ALASKA
1. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 672.1, paragraph (a) is revised to read as follows:
Sec. 672.1 Purpose and scope.
(a) Regulations in this part, along with parts 602, 620, 676, and
677 of this chapter, implement the Fishery Management Plan for
Groundfish of the Gulf of Alaska.
* * * * *
3. Section 672.2 is revised to read as follows:
Sec. 672.2 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 620.2 of this chapter, the terms used in this part have the
following meanings:
Active/inactive periods--(1) Active periods--(i) Catcher Vessel. An
active period for a catcher vessel means a period of time when the
catcher vessel is in a reporting area (except 300, 400, 550, or 690) or
gear remains on the grounds in a reporting area (except 300, 400, 550,
or 690) regardless of the vessel location.
(ii) Shoreside Processor, Mothership, Catcher/Processor, and Buying
Station.
[[Page 5612]]
An active period for a shoreside processor, mothership, catcher/
processor, and buying station means a period of time when checked-in.
(2) Inactive periods--(i) Catcher Vessel. An inactive period for a
catcher vessel means any period which does not qualify as an active
period.
(ii) Shoreside Processor, Mothership, Catcher/Processor, or Buying
Station. An inactive period for a shoreside processor, mothership,
catcher/processor, or buying station means a period of time when not
checked-in.
ADF&G means the State of Alaska Department of Fish and Game.
Alaska local time (A.l.t.) means the current Alaska time, either
daylight savings time or standard time.
Alaska State waters means waters shoreward of the exclusive
economic zone (EEZ) off Alaska.
Aleutian Islands Subarea (AI) of the BSAI means that portion of the
EEZ contained in Statistical Areas 541, 542, and 543 (see Figure 1 of
this part).
Authorized fishing gear means hook-and-line, jig, longline,
longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-and-line,
and trawl; defined as follows:
(1) Hook-and-line means a stationary, buoyed, and anchored line
with hooks attached, or the taking of fish by means of such a device;
(2) Jig means a single non-buoyed, non-anchored line with hooks
attached, or the taking of fish by means of such a device;
(3) Longline means a stationary, buoyed, and anchored line with
hooks or two or more groundfish pots attached, or the taking of fish by
means of such a device (see Sec. 672.24(b) or Sec. 675.24(b) of this
chapter);
(4) Longline pot means a stationary, buoyed, and anchored line with
two or more pots attached, or the taking of fish by means of such a
device;
(5) Nonpelagic trawl means a trawl other than a pelagic trawl;
(6) Nontrawl means hook-and-line, jig, longline, and pot-and-line
gear;
(7) Pelagic trawl means a trawl that:
(i) Has no discs, bobbins, or rollers;
(ii) Has no chafe protection gear attached to the foot rope or
fishing line;
(iii) Except for the small mesh allowed under paragraph (7)(ix) of
this definition:
(A) Has no mesh tied to the fishing line, head rope, and breast
lines with less than 20 inches (50.8 cm) between knots, and has no
stretched mesh size of less than 60 inches (152.4 cm) aft from all
points on the fishing line, head rope, and breast lines and extending
past the fishing circle for a distance equal to or greater than one
half the vessel's LOA; or
(B) Has no parallel lines spaced closer than 64 inches (162.6 cm),
from all points on the fishing line, head rope, and breast lines and
extending aft to a section of mesh, with no stretched mesh size of less
than 60 inches (152.4 cm), extending aft for a distance equal to or
greater than one half the vessel's LOA;
(iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft
of the mesh described in paragraph (7)(iii) of this definition for a
distance equal to or greater than one half the vessel's LOA;
(v) Contains no configuration intended to reduce the stretched mesh
sizes described in paragraphs (7) (iii) and (iv) of this definition;
(vi) Has no flotation other than floats capable of providing up to
200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder
device;
(vii) Has no more than one fishing line and one foot rope for a
total of no more than two weighted lines on the bottom of the trawl
between the wing tip and the fishing circle;
(viii) Has no metallic component except for connectors (e.g.,
hammerlocks or swivels) or net-sounder device aft of the fishing circle
and forward of any mesh greater than 5.5 inches (14.0 cm) stretched
measure;
(ix) May have small mesh within 32 ft (9.8 m) of the center of the
head rope as needed for attaching instrumentation (e.g., net-sounder
device); and
(x) May have weights on the wing tips;
(8) Pot-and-line means a stationary, buoyed line with a single pot
attached, or the taking of fish by means of such a device; and
(9) Trawl means a conical-shaped net that is towed through the
water for catching fish or other organisms. The net accumulates its
catch in the closed, small end (usually called the codend). This
definition includes, but is not limited to, Danish and Scottish seines
and otter trawls.
Bering Sea and Aleutian Islands Management Area (BSAI) means the
Bering Sea and Aleutian Islands subareas (see Figure 1 of this part).
Bering Sea Subarea (BS) of the BSAI means that portion of the EEZ
contained in Statistical Areas 508, 509, 512, 513, 514, 516, 517, 518,
519, 521, 523, 524, and 530 (see Figure 1 of this part).
Bogoslof District means that part of the Bering Sea Subarea
contained in Statistical Area 518 (see Figure 1 of this part).
Breast line means the rope or wire running along the forward edges
of the side panels of a net, or along the forward edge of the side rope
in a rope trawl.
Buying Station means a person or vessel that receives unprocessed
groundfish from a vessel for delivery at a different location to a
shoreside processor or mothership and that does not process those fish.
Bycatch Limitation Zone 1 (Zone 1) means that part of the Bering
Sea Subarea that is contained within the boundaries of Statistical
Areas 508, 509, 512, and 516 (see Figure 1 of this part).
Bycatch Limitation Zone 2 (Zone 2) means that part of the Bering
Sea Subarea that is contained within the boundaries of Statistical
Areas 513, 517, and 521 (see Figure 1 of this part).
Catcher/Processor means a vessel that is used for catching fish and
processing that fish.
Catcher Vessel means a vessel that is used for catching fish and
that does not process on board.
Catcher Vessel Operational Area (CVOA) (see Figure 2 of this part
and Sec. 675.22(g) of this chapter).
Central Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 542 (see Figure 1 of this part).
Community Development Plan (CDP) (applicable through December 31,
1998) means a plan for a specific Western Alaska community or group of
communities approved by the Governor of the State of Alaska and
recommended to NMFS under Secs. 675.27 and 676.24 of this chapter.
Community Development Quota (CDQ) (applicable through December 31,
1998) means a percentage of the CDQ reserve for a BSAI subarea or
district as defined at Sec. 675.20(a)(3)(ii) of this chapter that is
allocated to a CDP.
Community Development Quota Program (CDQ Program) (applicable
through December 31, 1998) means the Western Alaska Community
Development Program implemented under Sec. 675.27 of this chapter.
Community Development Quota Reserve (CDQ Reserve) (applicable
through December 31, 1998) means one half of the pollock TAC that is
placed into the reserve for each subarea and district of the BSAI as
specified at Sec. 675.20(a)(3) of this chapter and that is set aside
for the CDQ program.
Daily reporting period or day is the period from midnight until the
following midnight using Alaska local time (A.l.t.).
Directed fishing means any fishing activity that results in the
retention of an amount of a species or species group on board a vessel
that is greater than the maximum retainable bycatch amount for that
species or species group as calculated under Secs. 672.20 (g) and (h)
and 675.20 (h) and (i) of this chapter.
[[Page 5613]]
Donut Hole means international waters of the Bering Sea outside the
limits of the EEZ and Russian economic zone as depicted on the current
edition of NOAA chart INT 813 Bering Sea (Southern Part).
Eastern Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 541 (see Figure 1 of this part).
Exclusive Economic Zone (EEZ) (see Sec. 620.2 of this chapter).
Federal waters means waters within the EEZ off Alaska.
Fish product weight means the weight of the fish product in pounds
or to at least the nearest hundredth of a metric ton (0.01 mt). Fish
product weight is based upon the number of production units and the
weight of those units. Production units include pans, cartons, blocks,
trays, cans, bags, and individual fresh or frozen fish. The weight of a
production unit is the average weight of representative samples of the
product, and may include additives but not packaging. Any allowance for
water added cannot exceed 5 percent of the gross product weight (fish,
additives, and water).
Fishing activity (see definition for fishing in Sec. 620.2 of this
chapter).
Fishing circle means the circumference of a trawl intersecting the
center point on a fishing line, and that is perpendicular to the long
axis of a trawl.
Fishing day (see Sec. 677.2 of this chapter).
Fishing line means a length of chain or wire rope in the bottom
front end of a trawl to which the webbing or lead ropes are attached.
Fishing month (see Secs. 672.26 or 675.26 of this chapter).
Fishing trip (see Sec. 672.20(h)(2) of this chapter).
Fishing year means the period of time beginning at 0001 hours,
A.l.t., on January 1 and ending at 2359 hours, A.l.t., on December 31
(see Secs. 672.23(a) and 675.23(a) of this chapter).
Fixed gear (see Sec. 676.11 of this chapter).
Foot rope means a chain or wire rope attached to the bottom front
end of a trawl and attached to the fishing line.
Gear Deployment--(1) For trawl gear means where the trawl gear
reaches the fishing level and begins to fish.
(2) For jig/troll, hook-and-line, or longline gear means where the
gear enters the water.
(3) For pot-and-line gear means where the first pot enters the
water.
Gear Retrieval--(1) For trawl gear, gear retrieval means where
retrieval of trawl cable commences.
(2) For jig/troll gear, gear retrieval means where the jig/troll
gear leaves the water.
(3) For hook-and-line or longline pot gear, gear retrieval means
where the last hook-and-line or longline pot gear of a set leaves the
water, regardless of where the majority of the haul or set took place.
(4) For pot-and-line gear, gear retrieval means where the last pot
of a set leaves the water.
Governor means the Governor of the State of Alaska.
Groundfish means target species and the ``other species'' category,
specified annually pursuant to Sec. 672.20(a)(1) or Sec. 675.20(a)(1)
of this chapter.
Gulf of Alaska (GOA) means that portion of the EEZ contained in
Statistical Areas 610, 620, 630, 640, and 650 (see Figure 3 of this
part).
Head rope means a rope bordering the top front end of a trawl.
Herring Savings Area means any of three areas in the BSAI presented
in Figure 4 of this part (see also Sec. 675.21(c)(2) of this chapter
for additional closure information):
Inshore component (applicable through December 31, 1998) means the
following three categories of the U.S. groundfish fishery that process
pollock harvested in a directed fishery for pollock in the GOA or BSAI,
or Pacific cod harvested in a directed fishery for Pacific cod in the
GOA, or both:
(1) Shoreside processing operations;
(2) Vessels less than 125 ft (38.1 m) in LOA, that process no more
than 126 mt per week in round-weight equivalents of an aggregate amount
of those fish; and
(3) Vessels that process those fish at a single geographic location
in Alaska State waters (waters adjacent to the State of Alaska and
shoreward of the EEZ) during a fishing year. For the purposes of this
definition, NMFS will determine the single geographic location in a
fishing year for an individual processor from the geographic
coordinates the vessel operator reports on the check-in report
(Sec. 672.5(h)(1) of this chapter) when that vessel first engages in
processing those fish.
IPHC means International Pacific Halibut Commission (see part 301
of this title).
Joint venture processing (JVP) (see Sec. 611.2 of this chapter).
Landing means off-loading fish.
Length overall (LOA) of a vessel means the horizontal distance,
rounded to the nearest foot, between the foremost part of the stem and
the aftermost part of the stern, excluding bowsprits, rudders, outboard
motor brackets, and similar fittings or attachments (see Figure 6 of
this part).
Logbook means Daily Cumulative Production Logbook (DCPL), Daily
Cumulative Logbook (DCL), or a Daily Fishing Logbook (DFL) required by
Sec. 672.5.
Manager, with respect to any shoreside processor or buying station,
means the individual responsible for the operation of the shoreside
processor operation or buying station.
Maximum sustainable yield (MSY) (see part 602 of this chapter).
Mothership means a vessel that receives and processes groundfish
from other vessels.
Net-sounder device means a sensor used to determine the depth from
the water surface at which a fishing net is operating.
nm means nautical mile.
Non-allocated or nonspecified species means those fish species,
other than prohibited species, for which total allowable catch (TAC)
has not been specified (e.g., grenadier, prowfish, lingcod).
Observer means any person certified under the NMFS Observer Plan
(see part 677 of this chapter).
Offshore component (applicable through December 31, 1998) means all
vessels not included in the definition of ``inshore component'' that
process pollock caught in directed fisheries for pollock in the GOA or
BSAI, or Pacific cod caught in directed fisheries for Pacific cod in
the GOA, or both.
Optimum yield (OY) (see Secs. 672.20 and 675.20 of this chapter).
``Other species'' is a category that consists of groundfish species
in each management area that are not specified as target species (see
Secs. 672.20 and 675.20 of this chapter).
Processing, or to process, means the preparation of fish to render
it suitable for human consumption, industrial uses, or long-term
storage, including but not limited to cooking, canning, smoking,
salting, drying, freezing, or rendering into meal or oil, but does not
mean icing, bleeding, heading, or gutting.
Processor Vessel means, unless otherwise restricted, any vessel
that has been issued a Federal fisheries permit and that can be used
for processing groundfish.
Quarter or quarterly reporting period means one of 4 successive 3-
month periods during a calendar year, which begin at 0001 hours,
A.l.t., on the first day of each quarter, and end at 2359 hours,
A.l.t., on the last day of each quarter. The 4 quarters for each year
are specified below:
1st quarter: January 1 through March 31;
2nd quarter: April 1 through June 30;
[[Page 5614]]
3rd quarter: July 1 through September 30; and
4th quarter: October 1 through December 31.
Regional Director means Director, Alaska Region, National Marine
Fisheries Service.
Regulatory area means any of three areas of the EEZ in the GOA (see
Figure 3 of this part) described as follows:
(1) Eastern Regulatory Area means Statistical Areas 640 and 650.
(2) Central Regulatory Area means Statistical Areas 620 and 630.
(3) Western Regulatory Area means Statistical Area 610.
Reporting area means any of the areas described in Figures 1 and 3
of this part.
Resident fisherman (see Sec. 675.27(d)(7) of this chapter).
Round-weight equivalent means the weight of fish calculated by
dividing the weight of the primary product made from that fish by the
standard product recovery rate for that primary product as listed in
Table 3 of this part, or, if not listed, the weight of fish calculated
by dividing the weight of a primary product by the standard product
recovery rate as determined using the best available evidence on a
case-by-case basis.
Set means a string of pots or hook-and-line gear or a group of pots
that are deployed in a similar location with similar soak time.
Shoreside processor or shoreside processing operation, means any
person or vessel that receives unprocessed groundfish, except catcher/
processors, motherships, buying stations, restaurants, or persons
receiving groundfish for use as bait or personal consumption.
Southeast Outside District of the GOA means that part of the
Eastern Regulatory Area contained in Statistical Area 650 (see Figure 3
of this part).
Statistical area means the part of any reporting area defined in
Figures 1 and 3 of this part, contained in the EEZ.
Steller Sea Lion Protection Areas (for BSAI, see Tables 4 and 5 of
this part, Secs. 672.24(e) and 675.24(f) of this chapter) and
Sec. 227.12 of this title; (for GOA, see Table 6 of this part).
Stem means the forward part of a vessel; that portion of the vessel
where the sides are united at the fore end with the lower end attached
to the keel and the bowsprit, if one is present, resting on the upper
end.
Stern means the aft part of the vessel.
Stretched mesh size means the distance between opposite knots of a
four-sided mesh when opposite knots are pulled tautly to remove slack.
Support Vessel means any vessel that is used in support of other
vessels regulated under this part and part 675 of this chapter,
including, but not limited to, supplying a fishing vessel with water,
fuel, provisions, fishing equipment, fish processing equipment or other
supplies, or transporting processed fish. The term ``support vessel''
does not include processor vessels or tender vessels. Target species
are those species or species groups, except the ``other species''
category, for which a TAC is specified pursuant to Sec. 672.20(a) and
Sec. 675.20(a) of this chapter.
Tender Vessel means a vessel that is used to transport unprocessed
fish received from another vessel to a shoreside processor, mothership,
or buying station.
Total allowable catch (TAC) (see Secs. 672.20(a)(2) and
675.20(a)(2) of this chapter).
Transfer includes any loading, offloading, shipment or receipt of
any groundfish product, including quantities transferred inside or
outside the EEZ, within any state's territorial waters, within the
internal waters of any state, at any shoreside processor, or any
offsite meal reduction plant.
Trawl test areas (see Figure 7 of this part and Secs. 672.24(f) and
675.24(g) of this chapter).
Vessel Activity Report (VAR) (see Sec. 672.5(c)(5)).
Vessel operations category (see Sec. 672.4).
Walrus Protection Areas (see Sec. 675.22(f) of this chapter).
Weekly reporting period means a time period, which begins at 0001
hours, A.l.t., Sunday morning (except during the first week of each
year, when it starts on January 1) and ends at 2359 hours, A.l.t., the
following Saturday night (except during the last week of each year when
it ends on December 31).
West Yakutat District of the GOA means that part of the Eastern
Regulatory Area of the GOA contained in Statistical Area 640 (see
Figure 3 of this part).
Western Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 543 (see Figure 1 of this part).
Wing tip means the point where adjacent breast lines intersect or
where a breast line intersects with the fishing line.
4. In Sec. 672.3, paragraphs (a) and (c) are revised to read as
follows:
Sec. 672.3 Relation to other laws.
(a) Foreign fishing. Regulations governing foreign fishing for
groundfish in the GOA are set forth at Sec. 611.92 of this chapter.
Regulations governing foreign fishing for groundfish in the BSAI are
set forth at Sec. 611.93 of this chapter. Regulations governing U.S.
nationals fishing in the Russian fisheries are set forth in part 299 of
this title.
* * * * *
(c) Domestic fishing for groundfish. Regulations governing the
conservation and management of groundfish in the GOA for vessels of the
United States are set forth at this part and parts 620, 676, and 677 of
this chapter. Regulations governing the conservation and management of
groundfish in the BSAI are set forth in this part and parts 620, 675,
676, and 677 of this chapter.
* * * * *
5. Section 672.4 is revised to read as follows:
Sec. 672.4 Fisheries permit.
(a) General. (1) No vessel of the United States may be used to fish
for groundfish in the GOA or in the BSAI unless the owner first obtains
a Federal fisheries permit for the vessel issued under this part,
except as provided in paragraph (a)(2) of this section. A Federal
fisheries permit is effective only until December 31 of the year in
which it is issued. Fisheries permits are issued without charge.
(2) Vessels of the United States that fish in the GOA or BSAI for
any non-groundfish species, including but not limited to, halibut,
crab, salmon, scallops, and herring, and that do not retain any bycatch
of groundfish are not required to obtain a Federal fisheries permit
issued under this part.
(3) This section is effective from January 1, 1996, through
December 31, 1998, unless otherwise specified. Unless specifically
exempt under 50 CFR part 676, the owner of a vessel of the United
States must obtain a moratorium permit issued under 50 CFR part 676
before using the vessel to conduct directed fishing for moratorium
groundfish species, as defined at Sec. 676.2 of this chapter, in the
GOA or BSAI. The owner of a vessel of the United States that is not
required to have a moratorium permit, because the vessel is
specifically exempt under Sec. 676.3 of this chapter, must obtain a
fisheries permit issued under this part before using the vessel to fish
for groundfish in the GOA or BSAI. Such permits shall be issued without
charge.
(b) Federal Fisheries Permit Application--(1) Request for
application and permit. A person may obtain an application for a
Federal fisheries permit required under paragraph (a) of this section
from: National Marine Fisheries Service, Restricted Access Management
Division,
[[Page 5615]]
P.O. Box 21668, Juneau, AK 99802-1668, telephone number: 800-304-4846
or 907-586-7202.
(2) Completed application. (i) A person may obtain the Federal
fisheries permit required under paragraph (a) of this section by
submitting a written permit application to the address given in
paragraph (b)(1) of this section.
(ii) The owner or operator of a vessel must answer each question on
the permit application in the manner set forth in paragraph (c) of this
section.
(iii) The owner or operator must mail completed forms to the
address given in paragraph (b)(1) of this section or fax completed
forms to: 907-586-7354.
(iv) The owner or operator must complete a separate application for
each vessel or processor and must retain a copy of each completed or
revised application.
(v) The owner or operator must type or print legibly the
information requested on the application.
(3) Application deficiency. Upon receipt of an incomplete or
improperly completed fisheries permit application, the Regional
Director will notify the applicant of the deficiency in the permit
application. If the applicant fails to correct the deficiency, the
permit will not be issued. No permit will be issued to an applicant
until a complete application is received.
(c) Permit application contents. The owner or operator must record:
(1) If application is for an amended permit, the current Federal
Fisheries Permit number and information that has changed.
(2) If for a vessel, the complete name and homeport (city and
state) of the vessel; the ADF&G Vessel number; the U.S. Coast Guard
documentation number or Alaska registration number; the vessel's LOA
and registered net tonnage; and the telephone, fax, and COMSAT
(satellite communication) numbers used on board the vessel.
(3) Shoreside Processor Information. Refer to Sec. 677.4(b) of this
chapter.
(4) Owner Information. The owner of the vessel or shoreside
processor must record the owner's name, permanent business mailing
address, telephone and fax numbers; and the name of any company (other
than the owner) that manages the operations of the vessel or shoreside
processor.
(5) Federal Fisheries Permit Information. The owner must record:
(i) The fishery or fisheries and the vessel operations category for
which the permit would apply as set forth under paragraph (e) of this
section and Sec. 672.2;
(ii) If a catcher vessel or catcher/processor, the gear type(s)
used for groundfish operations;
(iii) If a catcher vessel, whether groundfish is retained only as
bycatch from halibut, crab, or salmon fisheries; and whether sablefish
(black cod) is the only groundfish targeted in the GOA;
(iv) If a mothership or catcher/processor, check either inshore or
offshore to indicate component in which Pacific cod in the GOA or
pollock will be processed for the entire fishing year.
(6) Signature. The owner must sign and date the application.
(d) Fisheries permit issuance. (1) Except as provided in subpart D
of 15 CFR part 904, upon receipt of a properly completed permit
application, the Regional Director will issue a fisheries permit
required by paragraph (a) of this section.
(2) The Regional Director will send the fisheries permit to the
applicant along with the appropriate logbooks as provided under
Sec. 672.5.
(e) Vessel operations category. (1) A fisheries permit issued under
paragraph (d)(1) of this section authorizes a vessel to conduct
operations as a catcher vessel, catcher/processor, mothership, Tender
Vessel, or support vessel.
(2) A vessel may be issued a fisheries permit as a support vessel
or as any combination of the other four categories (catcher vessel,
catcher/processor, mothership, Tender Vessel). A vessel permitted as a
catcher vessel, catcher/processor, mothership, or Tender Vessel may
also conduct all operations authorized for a support vessel.
(f) Amended permit. (1) An owner or operator who applied for and
received a fisheries permit under this section must notify the Regional
Director, in writing, of any change in the information provided under
paragraph (c) of this section within 10 days of the date of that
change.
(2) An application for an amended permit must be made on the permit
application as set forth in paragraph (c) of this section.
(3) If the application is for an amended fisheries permit required
under paragraph (a) of this section and designates a change or addition
of a vessel operations category, the amended permit must be on board
the vessel before the new type of operations begins.
(g) Duration. (1) A fisheries permit remains in effect through
December 31 of the year for which it is issued unless it is revoked,
suspended, or modified under 15 CFR part 904 (Civil Procedures), or
unless it is surrendered or invalidated.
(2) A fisheries permit is surrendered when the original permit is
submitted to and received by NMFS Enforcement Office in Juneau.
(h) Alteration. No person may alter, erase, or mutilate any
fisheries permit issued under paragraph (a) of this section. Any
fisheries permit that is intentionally altered, erased, or mutilated is
invalid.
(i) Transfer. A fisheries permit issued under paragraph (a) of this
section is not transferable or assignable and is valid only for the
vessel for which it is issued.
(j) Inspection. (1) An original fisheries permit issued under
paragraph (a) of this section must be carried on board the vessel
whenever the vessel is fishing. Photocopied or faxed copies are not
considered originals.
(2) A permit issued under paragraph (a) of this section must be
presented for inspection upon the request of any authorized officer.
(k) Sanctions. Procedures governing permit sanctions and denials
are found at subpart D of 15 CFR part 904.
(l) Moratorium permit. In addition to the Federal fisheries permit
required by paragraph (a) of this section and any other permits that
may be required by Federal or Alaska State regulations, a moratorium
permit may be required by part 676 of this chapter for a vessel of the
United States if the vessel is used to conduct directed fishing for
moratorium groundfish species, as defined at Sec. 676.2 of this
chapter, in the GOA or BSAI.
6. Section 672.5 is revised to read as follows:
Sec. 672.5 Recordkeeping and reporting.
(a) Applicability and general requirements--(1) Applicability. (i)
Except as otherwise provided, this section applies to:
(A) Any catcher vessel, mothership, catcher/processor, or Tender
Vessel, 5 net tons or larger, which is required to have a fisheries
permit under Sec. 672.4; and
(B) Any shoreside processor, mothership, or buying station that
receives groundfish from vessels required to have a fisheries permit
under Sec. 672.4.
(ii) Catcher vessels that are less than 60 ft (18.3 m) LOA, are not
required to comply with recordkeeping and reporting requirements under
this section.
(iii) A shoreside processor, mothership, or buying station subject
to recordkeeping and reporting requirements must report all groundfish
and prohibited species received, including:
(A) Fish received from vessels not required to have a fisheries
permit;
(B) Fish received under contract for handling or processing for
another processor.
[[Page 5616]]
(2) Responsibility. The operator of a catcher vessel, catcher/
processor, mothership, or buying station delivering to a mothership
(hereafter referred to as the operator) and the manager of a shoreside
processor or buying station delivering to a shoreside processor
(hereafter referred to as the manager) are each responsible for
compliance with the applicable recordkeeping and reporting requirements
of this section. In addition, the owner of a vessel, shoreside
processor, or buying station must ensure that the operator, manager, or
designated representative (see paragraph (b) of this section) complies
with these requirements and is responsible for compliance.
(3) Groundfish logbooks and forms. The Regional Director will
prescribe and provide logbooks and forms required under this section as
shown in Table 9 of this part. The operator or manager must use these
logbooks and forms or obtain approval from the Regional Director to use
electronic versions of the logbooks and forms.
(4) Participant identification information. The operator or manager
must record on all required records, reports, and logbooks:
(i) The name of the catcher vessel, catcher/processor, mothership,
shoreside processor, or buying station as displayed in official
documentation;
(ii) If a vessel, the Federal Fisheries Permit number and ADF&G
Vessel number (if applicable);
(iii) If a processor, the Federal Processor Permit number and ADF&G
Processor number;
(iv) If a buying station, the name and ADF&G Vessel number (if
applicable) of the buying station; the name, ADF&G Processor number,
and Federal Processor Permit number of associated processor;
(v) If a shoreside processor or land-based buying station, the
geographic location of operations.
(5) Representative identification. The name, daytime business
telephone number (including area code), fax or telex number, and the
COMSAT number (if applicable) of the representative;
(6) Maintenance of records--(i) General. The operator or manager
must maintain all records, reports, and logbooks in a legible, timely,
and accurate manner; in English; if handwritten, in indelible ink; if
computer-generated, a printed, paper copy; and based on Alaska local
time.
(ii) The operator or manager must account for each day of the
fishing year, starting with January 1 and ending with December 31, and
the time periods must be consecutive in the logbook.
(iii) When applicable, the operator or manager must record in each
report, form, and logbook the following information:
(A) Page number. Number the pages in each logbook consecutively,
beginning with page one and continuing throughout the logbook for the
remainder of the fishing year, except that the manager of a shoreside
processor must number the DCPL pages within Part I and Part II
separately beginning with page one;
(B) Date, presented as month-day-year;
(C) Time, in military format to the nearest hour, A.l.t.;
(D) Position coordinates, latitude and longitude to the nearest
minute (optional: Record to the nearest second or fraction of minute);
(E) Reporting area codes, given in Figures 1 and 3 of this part;
(F) Species codes, each target species, the ``other species''
category, and prohibited species (see Secs. 672.20(e) and 675.20(c) of
this chapter), using the species codes given in Table 2 of this part;
(G) Original/revised report. If a report is the first one submitted
to the Regional Director for a given date, gear type, and reporting
area, ``ORIGINAL REPORT.'' If report is a correction to a previously
submitted report for a given date, gear type, and reporting area,
``REVISED REPORT;''
(H) Metric tons. The required weight units used to record amounts
of landings, product, and discards of groundfish and herring must be
recorded in pounds (lb) or to the nearest 0.01 mt on all forms and
logbooks;
(7) Active and inactive periods. The operator or manager must, in
the DFL, DCL, or DCPL:
(i) Account for each day of the fishing year by indicating active
and inactive periods, as defined in Sec. 672.2;
(ii) Use a separate logbook page for each day of an active period;
(iii) Indicate on one page the first and last day of an inactive
period;
(iv) Fishing activity. The operator or manager must indicate all
fishing activity, which is defined for each type of vessel as follows:
(A) If a catcher vessel, harvest or discard of groundfish;
(B) If a catcher/processor, harvest, discard, or processing of
groundfish;
(C) If a mothership or shoreside processor, receipt, discard, or
processing of groundfish;
(D) If a buying station, receipt, discard, or delivery of
groundfish;
(v) If in an active period and conducting fishing activity, the
operator or manager must record:
(A) The gear type used to harvest the groundfish. If a catcher
vessel or catcher/processor and using hook-and-line longline gear, the
average number of hooks per skate;
(B) The reporting area code where gear retrieval was completed;
whether gear retrieval was in Federal or Alaska State waters;
(C) If a catcher vessel, whether a NMFS-certified observer is on
board the vessel. If a catcher/processor, mothership, or shoreside
processor, the number of NMFS-certified observers on board or on site;
(D) The number of crew, except certified observer;
(E) Whether harvest is under a CDQ program; if yes, the CDQ number;
(F) If a catcher vessel or buying station, the name and ADF&G
Processor number of the mothership or shoreside processor to which
groundfish deliveries were made;
(vi) If in an active period and not conducting fishing activity,
the operator or manager must indicate ``NO FISHING ACTIVITY'' and
briefly describe the reason.
(8) Landings information. The manager of a shoreside processor
must:
(i) Record and report groundfish landings by species codes and
product codes as defined in Tables 1 and 2 of this part for each
reporting area, whether from Alaska State waters or Federal waters,
gear type, and CDQ number;
(ii) Record in the DCPL each day on the day such landings occur,
the following additional information:
(A) The daily combined scale weight of landings retained for
processing from a catcher vessel or any associated buying station, in
pounds or to at least the nearest 0.01 mt;
(B) If more than one page is used during a weekly reporting period,
the total amount of landings carried forward from the previous page;
(C) At the end of each weekly reporting period, the cumulative
total weight, calculated by adding the daily totals and total carried
forward for that week;
(iii) If no landings occurred, write ``NO LANDINGS'' for that day.
(9) Product information. The operator or manager of a catcher/
processor, mothership, or shoreside processor must, where required:
(i) Record and report groundfish products by species codes, product
codes, and product designations as defined in Tables 1 and 2 of this
part for each reporting area, whether in Alaska State waters or Federal
waters, gear type, and CDQ number;
(ii) Record in the DCPL each day on the day such production occurs,
the
[[Page 5617]]
daily total, balance brought forward (except for shoreside processor),
and cumulative total fish product weight (see Sec. 672.2) for each
product of groundfish in pounds or to at least the nearest 0.01 mt;
(iii) If no production occurred, write ``NO PRODUCTION'' for that
day.
(10) Discarded/donated species information. The manager or operator
must, where required:
(i) Record and report discards and donations by species codes and
discard product codes as defined in Tables 1 and 2 of this part for
each reporting area, whether in Alaska State waters or Federal waters,
gear type, and CDQ number;
(ii) Record the estimated daily total, balance brought forward, and
cumulative total round fish weight in the DFL, DCL, or DCPL each day on
the day such discards and donations occur for each discard and donation
of groundfish species, groundfish species groups, and Pacific herring
in pounds or to at least the nearest 0.01 mt;
(iii) Record the estimated daily total, balance brought forward,
and cumulative total numbers in the DFL, DCL, or DCPL each day on the
day such discards and donations occur for each discard and donation of
Pacific salmon, steelhead trout, Pacific halibut, king crab, and Tanner
crab;
(iv) If there were no discards or donations, write ``NO DISCARDS'',
``0'', or ``ZERO'' for that day.
(v) Catcher Vessel discards/donations. (A) For deliveries of
unsorted codends, the catcher vessel is exempt from recording of
discards in the DFL and from submittal of the blue logsheet (discards
copy) for that delivery. The operator is required to check the box
entitled, ``unsorted codend'', and the blue DFL logsheet (discards
copy) remains in the DFL;
(B) For presorted deliveries or in the event a catcher vessel has
``bled'' a codend prior to delivery to a processor, the operator must
check the ``presorted delivery'' box, enter the amount of discards and
donations by species, and submit the blue DFL logsheet (discards copy)
to the mothership, buying station, or shoreside processor with each
harvest delivery.
(vi) Buying Station discards/donations. (A) The operator or manager
must record in the DCL on a daily basis on the day such discard occurs,
all discards and donations that occur after receipt of harvest from a
catcher vessel and prior to delivery to a mothership or shoreside
processor;
(B) If a blue DFL logsheet is received from a catcher vessel and
contains reports of discards or donations, the operator or manager must
record in the DCL the discards and donations on the day the DFL
logsheet is received from the catcher vessel;
(vii) Catcher/Processor discards/donations. The operator must
record in the DCPL on the day such discard or donation occurs all
discards and donations that occur prior to harvest, during harvest, and
during processing;
(viii) Mothership or shoreside processor discards/donations.
(A) The operator or manager must record in the DCPL on a daily
basis on the day such discard or donation occurs, all discards and
donations that occur on site after receipt of groundfish, and all
discards and donations that occur during processing of groundfish;
(B) If an unsorted codend is received from a catcher vessel, the
catcher vessel is not required to submit a blue discard logsheet to the
mothership or shoreside processor. The operator or manager must sort
the catch received from the unsorted codends and must record the
discards by species in the DCPL as discard at sea on the day the
harvest is received from the catcher vessel;
(C) If discards are reported on a blue DFL logsheet from a catcher
vessel delivering a pre-sorted codend or if a catcher vessel reports an
amount bled at sea, the operator or manager must record in the DCPL the
discards on the day the DFL logsheet is received from the catcher
vessel.
(D) If a yellow DCL logsheet is received from a buying station and
discards and donations are reported, the operator or manager must
record in the DCPL the discards and donations on the day the DCL
logsheet is received from the buying station;
(11) Contract processing. (i) The manager of a shoreside processor
or operator of a mothership who receives groundfish to be handled or
processed under contract for another processor or business entity must
report these fish to the Regional Director consistently throughout a
fishing year using one of two methods:
(A) Record landings (if applicable), discards, and products of
contract-processed groundfish routinely in the DCPL without separate
identification; or
(B) Record landings (if applicable), discards, and products of
contract-processed groundfish in a separate DCPL identified by the
name, Federal Processor Permit number, Federal Fisheries Permit number
(if applicable), and ADF&G Processor code of the associated business
entity;
(ii) If contract-processed groundfish records are kept separate
from the routine DCPL, the operator or manager of the mothership or
shoreside processor must summarize and report that information on a WPR
identified by the name, Federal Processor Permit number, Federal
Fisheries Permit number (if applicable), and ADF&G Processor code of
the associated business entity.
(12) Alteration of records. (i) The operator, manager, or any other
person may not alter or change any entry or record in a logbook except
that an inaccurate or incorrect entry or record may be corrected by
lining out the original and inserting the correction, provided that the
original entry or record remains legible.
(ii) No person except an authorized officer may remove any original
page of any logbook.
(13) Inspection of records. The operator or manager of a catcher
vessel, catcher/processor, mothership, or shoreside processor, must
make all logbooks, reports, and forms required under paragraph (a)(3)
of this section available for inspection upon the request of an
authorized officer.
(14) Submittal of logbooks, reports and forms--(i) Quarterly
submittal of logbook. (A) The operator of a catcher vessel, catcher/
processor, mothership, or the manager of a shoreside processor must
submit the yellow logsheets on a quarterly basis to: NMFS Alaska
Fisheries Science Center, Logbook Program, 7600 Sand Point Way NE,
Building 4, Seattle, WA 98115.
(B) The operator or manager must submit the yellow logsheets as
follows: First quarter, by May 1 of that year; second quarter, by
August 1 of that year; third quarter, by November 1 of that year; and
fourth quarter, by February 1 of the following year.
(C) During an inactive period that extends across two or more
quarters, the operator or manager must complete two separate logsheets:
one to indicate the last day of the quarter and the next page to
indicate the first day of the next quarter.
(ii) Submittal of reports and forms. Reports and forms may be
submitted by the operator or manager by:
(A) Using the NMFS printed form and faxing it to the fax number on
the form; or
(B) Transmitting a data file with required information and forms to
NMFS by modem or satellite (specifically INMARSAT standards A, B, or
C).
(15) Record retention--(i) Original Copy. (A) The operator of a
catcher vessel, catcher/processor, or mothership and the manager of a
shoreside processor must retain the original (white) copy of all
logbooks and a paper copy of all reports and forms, including
[[Page 5618]]
those reports and forms that were originally submitted electronically;
(1) On site until the end of the fishing year during which the
records were made and for as long thereafter as fish or fish products
recorded in the logbook, reports, and forms are retained;
(2) For 3 years after the end of the fishing year during which the
records were made;
(B) The operator or manager of a buying station must retain the
original (white) copy of all DCLs required under paragraph (a)(2) of
this section on site until the buying station has concluded receiving
groundfish for a shoreside processor or mothership and for as long as
fish and fish products recorded in the DCL are retained by the buying
station;
(ii) Yellow DCL logsheet. When the operator of a mothership or the
manager of a shoreside processor submits on a quarterly basis to NMFS,
the yellow DCL logsheets received from associated buying stations per
paragraph (a)(14) of this section, the operator or manager must retain
a photocopy of the yellow DCL logsheets until the original DCL is
received from the associated buying station operator or manager.
(iii) Blue DFL logsheet. (A) The operato
FR Doc. 96-2574 Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea and Aleutian Islands Area; Consolidation of Regulations Including Recordkeeping and Reporting Requirements
r of a mothership and the
manager of a shoreside processor must retain the blue DFL logsheets
(discard reports) submitted to them by operators of catcher vessels
through the last day of the fishing year during which the records were
made.
(B) The operator or manager of a buying station must submit to the
mothership or shoreside processor any blue logsheets (discards copy)
received from catcher vessels delivering groundfish to the buying
station.
(iv) Pink DCL logsheet. The operator or manager of a buying station
must retain the pink DCL logsheets for 3 years after the end of the
fishing year during which the records were made.
(16) Integration of Buying Station records. (i) The operator or
manager of a buying station must maintain a separate DCL for each
shoreside processor or mothership to which the buying station delivers
groundfish during a fishing year.
(ii) The operator or manager of a buying station must submit upon
delivery of catch, the yellow DCL logsheets, to the shoreside processor
or mothership to which it delivers groundfish, along with the blue DFL
logsheets and ADF&G fish tickets or catch receipts for that delivery.
(iii) Upon conclusion of receiving groundfish for a shoreside
processor or mothership, the buying station operator or manager must
submit the original DCL to the shoreside processor manager or
mothership operator to which deliveries were made.
(iv) If the mothership operator or the shoreside processor manager
receives fish from a buying station, the operator or manager must
incorporate all of the DCL information into the DCPL.
(b) Designated Representative. The operator or manager of a catcher
vessel, mothership, catcher/processor, shoreside processor or buying
station may identify one person to fill out and sign the logbook,
complete the recordkeeping and reporting forms, or both, and to
identify who will be the contact person for inquiries from NMFS.
Designation of a representative under this paragraph does not relieve
the owner, operator, or manager of responsibility for compliance with
this part.
(c) Catcher Vessel DFL and Catcher/Processor DCPL--(1) Requirement.
(i) The operator of each catcher vessel or catcher/processor subject to
this part must:
(A) Answer each question on the DFL or DCPL in the manner set forth
under paragraphs (c)(3) through (7) of this section; and
(B) Submit the DFL or DCPL in the manner set forth under paragraphs
(a)(14) and (c)(2) of this section.
(ii) Pair trawl. If two catcher vessels are dragging a trawl
between them (pair trawl), a separate DFL must be maintained by each of
the vessels. Each vessel operator must log the amount of the catch
retained by that vessel and any fish discarded by the vessel.
(2) Time limit and submittal. (i) The operator must record in the
DFL or DCPL, the time, position, and estimated groundfish catch weight
within 2 hours after gear retrieval;
(ii) The operator must record all other information required in the
DFL or DCPL by noon of the day following gear retrieval if a catcher
vessel or by noon of the day following completion of production if a
catcher/processor;
(iii) The operator of a catcher vessel must submit the blue DFL
logsheets with delivery of the harvest to the operator or manager of
the buying station, mothership, or shoreside processor;
(iv) Notwithstanding other time limits, the operator of a catcher
vessel must record all information required in the DFL within 2 hours
after the vessel's catch is offloaded;
(3) The operator must record on each page:
(i) Page number as defined at paragraph (a)(6)(i) of this section;
(ii) The start date and end date of the fishing trip;
(iii) If a catcher vessel, the vessel name and ADF&G vessel
registration number. If a catcher/processor, the name, ADF&G Processor
number, and Federal Processor number of the catcher/processor;
(iv) The operator's signature;
(v) Active/inactive period. Whether catcher vessel or catcher/
processor is in an active or inactive period as defined at paragraph
(a)(7) of this section.
(4) The operator must record the following for each haul or set:
(i) Date (month-day-year);
(ii) Gear deployment. The number of haul or set, by sequence; begin
time and position coordinates of gear deployment; average sea depth and
average gear depth, recorded to the nearest meter or fathom.
(iii) Gear retrieval. The date, time, and position coordinates of
gear retrieval. If the vessel is using longline hook-and-line gear, the
number of skates set. If the vessel is using longline pot or single pot
gear, the total number of pots set.
(iv) The estimated total round fish weight of the groundfish catch;
and
(v) The species code of the intended target species from Table 2 of
this part.
(vi) The estimated IFQ sablefish amounts in the ``comments''
column.
(5) The operator must record discard/donation information as
defined at paragraph (a)(10) of this section.
(6) If a catcher vessel, the operator must record:
(i) The date of delivery.
(ii) The name, ADF&G processor code, and ADF&G fish ticket
number(s) provided by the manager or operator of the mothership,
shoreside processor, or buying station.
(7) If a catcher/processor, the operator must record product
information as set forth at paragraph (a)(9) of this section.
(d) Buying station DCL--(1) Requirement. The operator or manager of
each buying station subject to this part must:
(i) Answer each question on the DCL in the manner set forth under
paragraphs (d) (3) through (5) of this section; and
(ii) Submit the DCL in the manner set forth under paragraphs (d)(2)
and (a)(14), respectively, of this section.
(2) Time limits. (i) The operator or manager must record entries in
the DCL as to catcher vessel delivery information within 2 hours after
completion of receipt of the groundfish.
(ii) All other information required in the DCL must be recorded by
noon of the day following the day the receipt of groundfish was
completed or discard occurred.
(3) The operator or manager must record for each page:
[[Page 5619]]
(i) Page number as defined at paragraph (a)(6)(i) of this section;
(ii) The date;
(iii) The buying station name and, if a vessel, the ADF&G Vessel
number;
(iv) The operator's or manager's signature.
(v) Active/inactive period. Whether buying station is in an active
or inactive period as defined at paragraph (a)(7) of this section.
(vi) The name and ADF&G processor code of the mothership or
shoreside processor to which groundfish deliveries were made;
(vii) The number of crew;
(4) The operator or manager must record the following information
for each delivery of groundfish:
(i) The ADF&G fish ticket number issued to each catcher vessel
delivering groundfish. If a fish ticket was not issued, the catch
receipt number of the transaction;
(ii) Whether blue DFL logsheets were received from catcher vessel;
(iii) The time when receipt of groundfish catch was completed;
(iv) The name and ADF&G vessel registration number of the catcher
vessel delivering the groundfish;
(v) The total groundfish delivery weight.
(5) The operator or manager must record discard/donation
information as defined at paragraph (a)(10) of this section.
(e) Mothership DCPL--(1) Requirement. The operator of each
mothership subject to this part must:
(i) Answer each question on the DCPL in the manner set forth under
paragraphs (e) (3) through (6) of this section; and
(ii) Submit the DCPL in the manner set forth under paragraphs
(e)(2) and (a)(14), respectively, of this section.
(2) Time limits. (i) The operator must record entries in the DCPL
as to catcher vessel or buying station delivery information within 2
hours after completion of the groundfish receipt.
(ii) All other information required in the DCPL must be recorded by
noon of the day following the day the catch receipt, discard, or
production occurred.
(3) The operator must record on each page:
(i) Page number as defined at paragraph (a)(6) of this section;
(ii) The date;
(iii) The name, ADF&G Processor number, and Federal Processor
number;
(iv) The operator's signature.
(v) Whether mothership is in an active or inactive period as
defined at paragraph (a)(7) of this section.
(4) The operator must record for each delivery:
(i) Whether delivery is from a catcher vessel or a buying station;
(ii) The name and ADF&G vessel registration number (if applicable)
of the catcher vessel or buying station delivering the groundfish;
(iii) The time and position coordinates of the mothership when
groundfish catch is received;
(iv) The estimated total round fish weight of the groundfish catch;
(v) The ADF&G fish ticket number issued to each catcher vessel
delivering groundfish. If a fish ticket is not issued, record the catch
receipt number of the transaction.
(5) The operator must record discard/donation information as
defined at paragraph (a)(10) of this section.
(6) The operator must record product information as defined at
paragraph (a)(9) of this section.
(f) Shoreside Processor DCPL--(1) Requirement. The manager of each
shoreside processor subject to this part must:
(i) Answer each question on the DCPL in the manner set forth under
paragraphs (f)(3) through (f)(7) of this section;
(ii) Submit the DCPL in the manner set forth under paragraphs
(f)(2) and (a)(14) of this section.
(2) Time limits. (i) The manager must record in the DCPL all
catcher vessel or buying station delivery information within 2 hours
after completion of the groundfish receipt.
(ii) All other information required in the DCPL must be recorded by
noon of the day following the day the catch receipt, discard, or
production occurred.
(3) Part IA. The operator must record on each page:
(i) Page number. If page is for an individual day, the date. If
page is for 1 week, week-ending date. See also paragraph (a)(6)(iii) of
this section;
(ii) Participant identification information as defined at paragraph
(a)(4) of this section;
(iii) The signature of the manager;
(iv) Whether the shoreside processor is in an active or inactive
period as defined at paragraph (a)(7) of this section.
(4) Delivery information (Part IB). The manager must record the
following information for each delivery:
(i) Date and time when receipt of groundfish catch was completed;
(ii) Whether delivery is from catcher vessel or buying station;
(iii) Whether blue DFL logsheets were submitted by catcher vessel;
(iv) The name and ADF&G vessel registration number (if applicable)
of the catcher vessel or buying station delivering the groundfish;
(v) The total scale weight of groundfish delivery in pounds or to
the nearest 0.01 mt;
(vi) The ADF&G fish ticket number issued to the catcher vessel
delivering groundfish. If a fish ticket is not issued, record the catch
receipt number of the transaction.
(5) Landings information (Part IC). The manager must record:
(i) The date next to the appropriate day of the week (SUN through
SAT);
(ii) Landings information as defined at paragraph (a)(8) of this
section.
(6) Discarded/donated species information (Part ID). The manager
must record:
(i) The date next to the appropriate day of the week (SUN through
SAT);
(ii) Discard information as defined at paragraph (a)(10) of this
section.
(7) Part II. The manager must record:
(i) Page numbers must be consecutive within Part II, beginning with
page one for the first day product was produced after the start of the
fishing year and continuing throughout the section for the remainder of
the fishing year;
(ii) The name, ADF&G processor code number, and Federal Processor
number of shoreside processor;
(iii) The signature of the manager.
(iv) Product information. (A) The week-ending date;
(B) The management area (BSAI or GOA);
(C) The date next to the appropriate day of the week (SUN through
SAT);
(D) Product information as defined at paragraph (a)(9) of this
section.
(g) Groundfish Product Transfer Report (PTR)--(1) Requirement. (i)
The operator of a mothership or catcher/processor or the manager of a
shoreside processor must record each transfer of groundfish product on
a separate PTR.
(ii) The operator or manager must answer each question on the PTR
in the manner set forth under paragraphs (g)(3) through (g)(6) of this
section for each transfer of groundfish or groundfish product and must
submit the PTR in the manner set forth under paragraph (g)(2) of this
section.
(iii) Shoreside Processor transfer to offsite meal reduction plant.
The manager of a shoreside processor must report on a PTR those fish
products which are subsequently transferred to an offsite meal
reduction plant;
(iv) Transfer of groundfish for bait. The operator or manager must
report on a PTR, daily sales or transfer of groundfish to vessels for
bait. Individual sales of groundfish for bait purposes during a day may
be aggregated when recording the amount of product leaving a facility
that day.
(2) Time limits and submittal. The operator or manager must:
[[Page 5620]]
(i) Record all product transfer information on a PTR within 2 hours
of the completion of the transfer;
(ii) Submit a copy of each PTR to the Regional Director to fax
number 907-586-7313 within 24 hours of completion of transfer.
(3) The operator or manager must record on each page:
(i) Whether an original or revised report, as defined at paragraph
(a)(6) of this section;
(ii) Page numbers must be numbered sequentially, with the first
transfer of the fishing year as page 1 and continuing throughout the
remainder of the fishing year;
(iii) If product (including raw fish) is received, ``RECEIPT''. If
product (including raw fish) is offloaded from a mothership or catcher/
processor, ``OFFLOAD''. If product (including raw fish) is shipped from
a shoreside processor, ``SHIPMENT'';
(iv) Representative identification information, as defined at
paragraph (a)(5) of this section;
(v) If a catcher/processor or mothership, the participant
identification information as defined at paragraph (a)(4) of this
section and USCG documentation number. If a shoreside processor, the
participant identification information as defined at paragraph (a)(4).
(4) Transfer information. The operator or manager must record the
following information for each transfer:
(i) If another vessel is involved with the transfer, the name and
call sign of the vessel receiving or delivering groundfish or
groundfish products;
(ii) If a mothership or catcher/processor and the transfer takes
place in port, the port of landing and country, if a foreign location;
(iii) If transfer is made to an agent, the agent's name. For
purposes of this part, agent is defined as the transport company, the
buyer, or the distributor;
(iv) Intended first destination of product. (A) If an offload or
shipment, the intended destination of vessel or agent receiving
groundfish or groundfish product. If receipt, not applicable;
(B) If an offload or shipment has several destinations, the primary
or first intended destination;
(C) If offload or shipment is going to a single agent and initial
destination but requires loading on multiple vans, trucks, or airline
flights, the transfer may be recorded on a single PTR page;
(v) Date and time of product transfer--(A) Start date. The date and
time the transfer starts;
(B) Finish date. The date and time the transfer is completed;
(1) If shipment is an individual van load or flight, the date and
time when each shipment leaves the plant;
(2) If shipment involves multiple vans or trucks, the date and time
when loading of vans or trucks is completed for each day;
(3) If shipment involves air freight, record date and time when the
last air freight shipment of the day leaves the plant;
(vi) Position transferred. If a catcher/processor or mothership and
transfer of product is made at sea, the transfer position coordinates.
(5) Products and quantities offloaded, shipped, or received.
(i) If a catcher/processor or mothership, the Harvest Zone code of
the area in which groundfish were harvested as defined in Table 8 of
this part;
(ii) The species code and product code for each product transferred
as defined in Tables 1 and 2 of this part;
(iii) The number of cartons or production units transferred;
(iv) The average net weight of one carton for each species and
product code in kilograms or pounds;
(v) The total net weight (fish product weight, to the nearest 0.01
mt) of the products transferred;
(6) If a catcher/processor or mothership, whether transfer is a
total or partial offload. If partial offload, the total fish product
weight, to the nearest 0.01 mt, of the products (by harvest zone,
species and product codes) remaining on board after this transfer;
(h) Check-in/Check-out Report--(1) Requirement--(i) Check-in report
(BEGIN Message). Before a catcher/processor commences harvest of
groundfish in Alaska State or Federal waters of any reporting area
except 300, 400, 550, or 690 or before a mothership, shoreside
processor or buying station commences receipt of groundfish from Alaska
State or Federal waters of any reporting area except 300, 400, 550, or
690, the operator or manager must answer each question on the Check-in/
Check-out Report in the manner set forth under paragraphs (h)(3),
(h)(4), and (h)(6) of this section; and must submit the Check-in/Check-
out Report in the manner set forth under paragraph (h)(2) of this
section.
(ii) Check-out report (CEASE Message). (A) If a catcher/ processor
departs a reporting area or moves between Alaska State and Federal
waters in a reporting area, and gear retrieval is complete from that
area, the operator or manager must answer each question on a Check-out
report in the manner set forth in paragraphs (h)(3), (h)(5), and (h)(6)
of this section and must submit the Check-in/Check-out Report in the
manner set forth under paragraph (h)(2) of this section;
(B) If a mothership or shoreside processor, and groundfish receipt
and processing are completed, the operator or manager must answer each
question on a Check-out report in the manner set forth in paragraphs
(h)(3), (h)(5), and (h)(6) of this section and must submit the Check-
in/Check-out Report in the manner set forth under paragraph (h)(2) of
this section;
(iii) Transit between reporting areas. If a vessel is transiting
through a reporting area and is not fishing or receiving fish, a Check-
in or Check-out report is not required from that area;
(iv) Multiple vessel operations categories. If a catcher/ processor
is functioning simultaneously as a mothership in the same reporting
area, the operator must submit a separate Check-in report for each
vessel operations category. Upon completion of each activity, the
operator must submit a Check-out report for each vessel operations
category.
(2) Time limits and submittal--(i) Check-in report. (A) The
operator of a catcher/processor must submit by fax a Check-in report
(BEGIN message) to the Regional Director at fax number 907-586-7131
before commencing any harvest of groundfish.
(B) The operator or manager of a mothership, shoreside processor,
or buying station must submit by fax a Check-in report (BEGIN message)
to the Regional Director at fax number 907-586-7131 before commencing
any receipt of groundfish.
(ii) Check-out report. (A) For a catcher/processor, mothership, or
buying station, the operator must submit by fax a Check-out report
(CEASE message) to the Regional Director at fax number 907-586-7131
within 24 hours after leaving either the Alaska State or Federal part
of a reporting area.
(B) For a shoreside processor, the manager must submit by fax a
Check-out report (CEASE message) to the Regional Director at fax number
907-586-7131 within 48 hours after the end of the applicable weekly
reporting period that a shoreside processor ceases to process
groundfish for the fishing year or has not processed groundfish for
more than one weekly reporting period;
(3) The operator or manager must record on each page:
(i) Whether it is an original or revised report as defined at
paragraph (a)(6) of this section;
(ii) Participant identification information as defined at paragraph
(a)(4) of this section;
[[Page 5621]]
(iii) Representative identification information as defined at
paragraph (a)(5) of this section;
(iv) For a mothership or catcher/processor, the processor type and
gear type used to harvest the groundfish. If groundfish are received by
a mothership in the same reporting area from more than one gear type,
or if groundfish are caught by a catcher/ processor in the same
reporting area using more than one gear type, the operator must submit
a separate form for each gear type;
(v) Whether harvest is under a CDQ Program; if yes, the CDQ number;
(vi) If a buying station, the number of crew on the last day of the
reporting week.
(4) BEGIN Message. The operator or manager must record:
(i) For a catcher/processor, date and time that gear is deployed.
For a mothership, date and time that receipt of groundfish begins;
(ii) For a catcher/processor, position coordinates where gear is
set. For a mothership, position coordinates where groundfish receipt is
begun;
(iii) For a catcher/processor, the reporting area code of gear
deployment and whether gear deployment was in Federal or Alaska State
waters. For a mothership or buying station, the reporting area code
where groundfish receipt begins and whether receipt of groundfish
occurred in Federal or Alaska State waters;
(iv) For a shoreside processor, the date receipt of groundfish will
begin; whether checking in for first time in fishing year or checking
in to restart receipt and processing of groundfish after filing a
Check-out report;
(v) For a mothership or catcher/processor, the primary and
secondary species expected to be harvested. For a buying station, the
intended primary target expected to be harvested. A change in intended
target species within the same reporting area does not require a new
BEGIN message.
(5) CEASE Message. The operator or manager must report:
(i) If a mothership or catcher/processor, the date, time and
position coordinates where the vessel departed the reporting area or
moved to Federal waters from Alaska State waters within a reporting
area, or vice versa;
(ii) If a shoreside processor or buying station, the date that
receipt of groundfish ceased.
(6) Fish or fish product held at plant. For a shoreside processor,
the weight of the fish or fish products in pounds or to the nearest
0.01 mt by species and product codes.
(i) Weekly Production Report (WPR)--(1) Requirement. (i) The
operator or manager of a mothership, catcher/processor, or shoreside
processor must answer each question on the WPR in the manner set forth
in paragraphs (i)(3) through (i)(7) of this section for any week the
mothership, catcher/processor, or shoreside processor is checked in
pursuant to paragraph (h)(1)(i) of this section and must submit a WPR
in the manner set forth in paragraph (i)(2) of this section.
(ii) Multiple vessel operations categories. The operator of a
vessel that is authorized to conduct operations as both a catcher/
processor and as a mothership must submit separate WPRs to report
production and discard as a catcher/processor and production and
discard as a mothership.
(2) Time limits and submittal. The operator or manager must submit
a WPR by fax to the Regional Director at fax number 907-586-7131 by
1200 hours, A.l.t., on the Tuesday following the end of the applicable
weekly reporting period.
(3) The operator or manager must record on each page:
(i) Whether an original or revised report, as defined at paragraph
(a)(6) of this section;
(ii) Participant identification information as defined at paragraph
(a)(4) of this section;
(iii) Representative identification information as defined at
paragraph (a)(5) of this section and date WPR was completed;
(iv) If a mothership or catcher/processor, the processor type and
gear type used to harvest the groundfish;
(v) Whether harvest is under a CDQ Program; if yes, the CDQ number;
(vi) The week-ending date;
(vii) The primary and secondary target codes for the next week;
(viii) If a mothership or catcher/processor, the number of crew on
the last day of the reporting week;
(4) Landings information. If a shoreside processor, see landings
information requirements at paragraph (a)(8) of this section.
(5) Discarded/donated species information (Part ID). For discard/
donate information requirements, see paragraph (a)(10) of this section.
(6) Product information. For product information requirements, see
at paragraph (a)(9) of this section.
(7) Catcher Vessel delivery information. If ADF&G fish tickets are
issued by the mothership or shoreside processor, list the fish ticket
numbers issued to catcher vessels for the weekly reporting period.
(j) Daily Production Report (DPR)--(1) Notice. If the Regional
Director determines that DPRs are necessary to avoid exceeding a
groundfish TAC or prohibited species bycatch allowance, NMFS may
require submission of DPRs for reporting one or more specific species,
in addition to a WPR. NMFS will publish a document in the Federal
Register specifying the fisheries that require DPRs and the effective
dates that submittal of DPRs is required.
(2) Requirement. (i) If a catcher/processor, mothership, or
shoreside processor is checked in to the specified reporting area and
is harvesting, receiving, processing, or discarding the specified
species or is receiving reports from a catcher vessel of discard at sea
of the specified species, the operator or manager must submit a DPR.
(ii) The operator of a mothership or catcher/processor or manager
of a shoreside processor must:
(A) Answer each question on the DPR in the manner set forth in
paragraphs (j)(4) through (j)(7) of this section;
(B) Submit the DPR in the manner set forth in paragraph (j)(3) of
this section;
(C) Use a separate DPR for each gear type, processor type, and CDQ
number.
(3) Time limit and submittal. The operator or manager must submit a
DPR by fax to the Regional Director at fax number 907-586-7131 by 1200
hours, A.l.t., the day following each day of landings, discard, or
production.
(4) The operator or manager must record on each page:
(i) Whether it is an original or revised report as defined at
paragraph (a)(6) of this section;
(ii) Participant identification information as defined at paragraph
(a)(4) of this section and processor type;
(iii) Representative identification information as defined at
paragraph (a)(5) of this section;
(iv) The gear type used to harvest the groundfish, date landings
were received, and Federal reporting area where landings were
harvested;
(v) Whether harvest is under a CDQ Program; if yes, the CDQ number.
(5) Landing information. If a shoreside processor, see landings
information requirements at paragraph (a)(8) of this section.
(6) Product information. For a mothership or catcher/ processor,
see product information requirements at paragraph (a)(9) of this
section.
(7) Discard/donate information. For discard/donate information
requirements, see paragraph (a)(10) of this section.
(k) U.S. Vessel Activity Report (VAR)--(1) Requirement. The
operator of a catcher vessel, a catcher/processor, or a mothership
regulated under this part that crosses the seaward boundary of the EEZ
off Alaska or crosses the
[[Page 5622]]
United States/Canada international boundary between Alaska and British
Columbia must answer each question on the VAR in the manner set forth
in paragraphs (k)(3) and (k)(4) of this section and must submit a VAR
in the manner set forth in paragraph (k)(2) of this section.
(2) Time limits and submittal. The operator must submit a VAR by
fax to NMFS Alaska Enforcement Division at fax number 907-586-7313
before the vessel crosses the seaward boundary of the EEZ off Alaska or
the U.S./Canada international boundary between Alaska and British
Columbia.
(3) The operator must record on each page:
(i) Whether an original or revised report as defined at paragraph
(a)(6) of this section;
(ii) Participant identification information as defined at paragraph
(a)(4) of this section;
(iii) Representative identification information as defined at
paragraph (a)(5) of this section and date VAR was completed;
(iv) If vessel is crossing into the seaward boundary of the EEZ off
Alaska or crossing the U.S./Canada international boundary between
Alaska and British Columbia, the operator must indicate ``return''
report. If vessel is crossing out of the seaward boundary of the EEZ
off Alaska or crossing the U.S./Canada international boundary between
Alaska and British Columbia into Canadian waters, the operator must
indicate ``depart'' report.
(v) Port of landing;
(vi) Whether vessel is returning from fishing or departing to fish
in the Russian Zone;
(vii) Date and time vessel will cross the EEZ off Alaska or the
U.S./Canada international boundary between Alaska and British Columbia;
(viii) Latitude and longitude at the point of crossing the EEZ off
Alaska or U.S./Canada international boundary between Alaska and British
Columbia.
(4) Fish or fish product on board the vessel when crossing the EEZ
off Alaska or U.S./Canada international boundary. (i) The Harvest Zone
code of the area in which groundfish were harvested as defined in Table
8 of this part;
(ii) The species code and product code for each species on board as
defined in Tables 1 and 2 of this part;
(iii) The fish product weight of products on board in pounds or to
the nearest 0.01 mt.
7. In Sec. 672.7, paragraphs (p) and (q) are added, and paragraphs
(i) and (j) are revised to read as follows:
Sec. 672.7 Prohibitions.
* * * * *
(i) Except as authorized by permit issued pursuant to the section
of the Donut Hole Convention implementing legislation authorizing the
Secretary to issue Donut Hole fishing permits (Public Law 104-43,
section 104(d)), it is unlawful for any person to fish in the Donut
Hole from a vessel for which a Federal fisheries permit has been issued
pursuant to section 672.4 of this part during the year for which the
permit was issued;
(j) Except as authorized by permit issued pursuant to the section
of the Donut Hole Convention implementing legislation authorizing the
Secretary to issue Donut Hole fishing permits (Public Law 104-43,
section 104(d)), it is unlawful for any person to possess within the
EEZ fish harvested from the Donut Hole on board a vessel for which a
Federal fisheries permit has been issued pursuant to section 672.4 of
this part during the year for which the permit was issued.
* * * * *
(p) Fail to comply with or fail to ensure compliance with
requirements at Sec. 672.5.
(q) Use a catcher vessel or catcher/processor as a Tender Vessel
before offloading all groundfish or groundfish product harvested or
processed by that vessel.
8. In Sec. 672.20, paragraphs (a)(1), (e)(1), (h)(2) and the
headings for paragraphs (c)(1), (c)(2)(i), (c)(2)(ii), and paragraphs
(i)(4), and (j) are revised; headings for paragraphs (c)(1)(i)(A),
(i)(1), (i)(2), (i)(3), and (i)(6) are added to read as set forth
below. In paragraphs (g)(1) and (g)(3) the phrase, ``Table 2 to this
section'' is removed and the phrase ``Table 10 of this part'' is added
in its place; and tables 1 and 2 to the section are removed.
Sec. 672.20 General limitations.
(a) * * * (1) Optimum yield (OY). The OY for the fishery regulated
by this section and by Sec. 611.92 of this chapter is a range of
116,000 to 800,000 mt for target species and the ``other species''
category in the GOA, to the extent this amount can be harvested
consistently with this part and part 611 of this chapter, plus the
amounts of ``non-specified species'' taken incidentally to the harvest
of target species and the ``other species'' category. The species
categories are defined in Table 1 of the specifications as provided in
paragraph (c)(1) of this section.
* * * * *
(c) * * * (1) Proposed specifications, interim harvest limits, and
final specifications. (i) * * * (A) Proposed specifications. * * *
(2) * * *
(i) Directed fishing allowance--Applicable after December 31, 1998.
* * *
(ii) Directed fishing allowance--Applicable through December 31,
1998. * * *
(e) * * *
(1) Prohibited species, for the purpose of this part, means any of
the species of Pacific salmon (Oncorhynchus spp.), steelhead trout
(Oncorhynchus mykiss), Pacific halibut (Hippoglossus stenolepis),
Pacific herring (Clupea harengus pallasi), king crab (Paralithodes spp.
and Lithodes spp.), and Tanner crab (Chionoecetes spp.) caught by a
vessel regulated under this part while fishing for groundfish in the
GOA, unless retention is authorized by other applicable laws, including
the Pacific Halibut Fishery Regulations (part 301 of this title).
* * * * *
(h) * * *
(2) Fishing trip. For purposes of this section, an operator of a
vessel is engaged in a fishing trip from the time the harvesting,
receiving, or processing of groundfish is begun or resumed until:
(i) The transfer or offloading of all groundfish product;
(ii) The vessel leaves the area where fishing activity commenced;
or
(iii) The end of a weekly reporting period, whichever comes first.
(i) * * *
(1) Pollock roe. * * *
(2) Primary product. * * *
(3) Pollock product recovery rates. * * *
(4) Fishing trip. For purposes of this paragraph, a fishing trip is
defined as set forth under paragraph (h)(2) of this section.
* * * * *
(6) Primary pollock product. * * *
* * * * *
(j) Standard product types and standard product recovery rates
(PRRS)--(1) Calculating round-weight equivalents from standard PRRs.
Round-weight equivalents for groundfish products are calculated using
the product codes and standard PRRs specified in Table 3 of this part.
(2) Adjustments to Table 3 of this part. The Regional Director may
adjust standard PRRs and product types specified in Table 3 of this
part if he determines that existing standard PRRs are inaccurate or if
new product types are developed.
(3) Procedure. Adjustments to any standard PRR listed in Table 3 of
this part that are within and including 15 percent of that standard PRR
may be made without providing notice and
[[Page 5623]]
opportunity for prior public comment. Adjustments of any standard PRR
during a calendar year, when aggregated with all other adjustments made
during that year, will not exceed 15 percent of the standard PRR listed
in Table 3 of this part at the beginning of that calendar year, and no
new product type will be announced until NMFS publishes the proposed
adjustment and/or new product type in the Federal Register and provides
the public with at least 30 days opportunity for public comment. Any
adjustment of a PRR that acts to further restrict the fishery will not
be effective until 30 days after the date of publication in the Federal
Register. If NMFS makes any adjustment or announcement without
providing a prior notice and opportunity for prior public comment, the
Regional Director will receive public comments on the adjustment or
announcement for a period of 15 days after its publication in the
Federal Register.
Sec. 672.22 [Amended]
9. In Sec. 672.22, paragraph (d) is removed.
10. Section 672.23 is revised to read as follows:
Sec. 672.23 Seasons.
(a) Fishing year. Fishing for groundfish is authorized from 0001
hours, A.l.t., January 1, through 2359 hours, A.l.t., December 31,
subject to the other provisions of this part, except as provided in
paragraphs (c) through (e) of this section.
(b) Time of openings and closures. The time of all openings and
closures of fishing seasons other than the beginning and end of the
calendar fishing year is 1200 hours, A.l.t.
(c) Directed fishing for trawl rockfish. Directed fishing for
rockfish of the genera Sebastes and Sebastolobus with trawl gear is
authorized from 1200 hours, A.l.t., on the first day of the third
quarterly reporting period of a fishing year, through 2359 hours,
A.l.t., December 31, subject to other provisions of this part.
(d) Opening date for trawl groundfish. Notwithstanding other
provisions of this part, fishing for groundfish with trawl gear in the
Gulf of Alaska is prohibited from 0001 hours, A.l.t. on January 1
through 1200 hours, A.l.t., January 20.
(e) Directed fishing for pollock. Subject to other provisions of
this part, directed fishing for pollock in the Western and Central
Regulatory Areas is authorized: From 0001 hours, A.l.t., January 1,
through 1200 hours, A.l.t., April 1; from 1200 hours, A.l.t., June 1,
through 1200 hours, A.l.t., July 1; from 1200 hours, A.l.t., July 1,
through 1200 hours A.l.t., October 1; and from 1200 hours A.l.t.,
October 1, through 2359 hours, A.l.t., December 31.
11. In Sec. 672.24, paragraphs (d)(3) and (d)(4) are redesignated
as paragraphs (d)(4) and (d)(5), respectively; headings for paragraphs
(c)(4), redesignated paragraphs (d)(4) and (d)(5), (f)(2) and (f)(3)
are added; paragraph (d)(3) is added; headings of paragraphs (a), (b),
and (d) are revised; and paragraphs (d)(1), (d)(2), (e), (f)(4), and
(f)(5) are revised to read as follows:
Sec. 672.24 Gear limitations.
(a) Marking of gear--longline marker buoys. * * *
(b) Gear restrictions--pots. * * *
(c) * * *
(4) Longline pot gear. * * *
(d) Trawls other than pelagic trawls--Kodiak Island--(1) Type I
Closures. No person may trawl in waters of the EEZ within the vicinity
of Kodiak Island, as shown in Figure 5 of this part as Type I areas,
from a vessel having any trawl other than a pelagic trawl either
attached or on board.
(2) Type II Closures. From February 15 to June 15, no person may
trawl in waters of the EEZ within the vicinity of Kodiak Island, as
shown in Figure 5 of this part as Type II areas, from a vessel having
any trawl other than a pelagic trawl either attached or on board.
(3) Type III Closures. Type III areas are open to any trawl other
than a pelagic trawl gear year round.
(4) Net-sounder device. * * *
(5) Footrope of the trawl. * * *
(e) Steller sea lion protection areas--(1) Year-round closures.
Trawling is prohibited in the GOA within 10 nm of the 14 Steller sea
lion rookeries designated in Table 6a of this part.
(2) Seasonal closures. During January 1 through April 15, or a date
earlier than April 15, if adjusted under Sec. 675.20(a)(8) of this
chapter, trawling is prohibited in the GOA within 20 nm of each of the
three Steller sea lion rookeries presented in Table 6b of this part.
(f) * * *
(2) Trawl gear testing. * * *
(3) Test area criteria. * * *
(4) Kodiak Test Area. Trawl gear testing is allowed in an area
(Figure 7 of this part) bounded by straight lines connecting the
following coordinates in the order listed at all times:
W. longitude N. latitude
152 deg.02'.............................. 57 deg.37'
151 deg.25'.............................. 57 deg.37'
151 deg.25'.............................. 57 deg.23'
152 deg.02'.............................. 57 deg.23'
152 deg.02'.............................. 57 deg.37'
(5) Sand Point Test Area. Trawl gear testing is allowed in an area
(Figure 7 of this part) bounded by straight lines connecting the
following coordinates in the order listed at all times:
W. longitude N. latitude
161 deg.00'.............................. 54 deg.50'
160 deg.30'.............................. 54 deg.50'
160 deg.30'.............................. 54 deg.35'
161 deg.00'.............................. 54 deg.35'
161 deg.00'.............................. 54 deg.50'
12. In Part 672, figures 1 and 2 are revised, figures 3 through 7
and tables 1 through 11 are added to read as follows:
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Figure 1.--BSAI Statistical and Reporting Areas
[b. Coordinates of Reporting Areas]
------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
300................... Russian waters. Those waters inside the Russian
200 mile limit as described in the current
editions of NOAA chart INT 813 Bering Sea
(Southern Part) and NOAA chart INT 814 Bering
Sea (Northern Part).
400................... Chukchi Sea. North of a diagonal line between 66
deg.00'N, 169 deg.42.5'W (Cape Dezhneva,
Russia); and 65 deg.37.5'N, 168 deg.7.5'W (Cape
Prince of Wales, Alaska) and to the limits of
the U.S. EEZ as described in the current
edition of NOAA chart INT 814 Bering Sea
(Northern Part).
508................... South of 58 deg. 00' N between the intersection
of 58 deg. 00' North lat with the Alaska
Peninsula and 160 deg. 00' W long.
509................... South of 58 deg. 00' N lat between 163 deg. 00'
W long and 165 deg. 00' W long.
512................... South of 58 deg. 00' N lat, north of the Alaska
Peninsula between 160 deg. 00' W long and 162
deg. 00' W long.
513................... Between 58 deg. 00' N lat and 56 deg. 30' N lat,
and between 165 deg. 00' W long and 170 deg.
00' W long.
514................... North of 58 deg. 00' N to the southern boundary
of the Chukchi Sea, area 400, and east of 170
deg. 00' W long.
516................... South of 58 deg. 00' N lat, north of the Alaska
Peninsula, and between 162 deg. 00' and 163
deg. 00' W long.
517................... South of 56 deg. 30' N lat, between 165 deg. 00'
W long and 170 deg. 00' W long; and north of
straight lines between: 54 deg. 30' N lat, 165
deg. 00' W long, 54 deg. 30' N lat, 167 deg.00'
W long, and 55 deg. 46' N lat, 170 deg. 00' W
long.
518................... Bogoslof District: South of a straight line
between 55 deg. 46' N lat, 170 deg. 00' W long
and 54 deg. 30' N lat, 167 deg. 00' W long, and
between 167 deg. 00' W long and 170 deg. 00' W
long, and north of the Aleutian Islands and
straight lines between the islands connecting
the following coordinates in the order listed:
52 deg. 49.2' N, 169 deg. 40.4' W, 52 deg.
49.8' N, 169 deg. 06.3' W, 53 deg. 23.8' N, 167
deg. 50.1' W, 53 deg. 18.7' N, 167 deg. 51.4'
W.
519................... South of a straight line between 54 deg. 30' N
lat, 167 deg. 00' W long and 54 deg. 30' N lat,
164 deg. 54' W long; east of 167 deg. 00' W
long; west of Unimak Island; and north of the
Aleutian Islands and straight lines between the
islands connecting the following coordinates in
the order listed: 53 deg. 59.0' N, 166 deg.
17.2' W, 54 deg. 02.9' N, 166 deg. 03.0' W, 54
deg. 07.7' N, 165 deg. 40.6' W, 54 deg. 08.9'
N, 165 deg. 38.8' W, 54 deg. 11.9' N, 165 deg.
23.3' W, 54 deg. 23.9' N, 164 deg. 44.0' W.
521................... The area bounded by straight lines connecting
the following coordinates in the order listed:
55 deg. 46' N, 170 deg. 00' W, 59 deg. 25' N,
179 deg. 20' W, 60 deg. 00' N, 179 deg. 20' W,
60 deg. 00' N, 171 deg. 00' W, 58 deg. 00' N,
171 deg. 00' W, 58 deg. 00' N, 170 deg. 00' W,
55 deg. 46' N, 170 deg. 00' W.
523................... The area bounded by straight lines connecting
the following coordinates in the order listed:
59 deg. 25' N, 179 deg. 20' W; 55 deg. 46' N,
170 deg. 00' W; 55 deg. 00' N, 170 deg. 00' W;
55 deg. 00' N, 180 deg. 00' W; and north to the
limits of the US EEZ as described in the
current edition of NOAA chart INT 813 Bering
Sea (Southern Part).
524................... The area west of 170 deg. 00' W bounded south by
straight lines connecting the following
coordinates in the order listed: 58 deg. 00' N,
170 deg. 00' W, 58 deg. 00' N, 171 deg. 00' W;
60 deg. 00' N, 171 deg. 00' W; 60 deg. 00' N,
179 deg. 20' W; 59 deg. 25' N, 179 deg. 20' W
and to the limits of the US EEZ as described in
the current edition of NOAA chart INT 813
Bering Sea (Southern Part).
530................... The area north of 55 deg. 00 N lat and west of
180 deg. 00 W long to the limits of the US EEZ
as described in the current edition of NOAA
chart INT 813 Bering Sea (Southern Part).
541................... Eastern Aleutian District. The area south of 55
deg. 00' N lat, west of 170 deg. 00' W long,
and east of 177 deg. 00' W long and bounded on
the south by the limits of the US EEZ as
described in the current editions of NOAA chart
INT 813 Bering Sea (Southern Part) and NOAA
chart 530 (San Diego to Aleutian Islands and
Hawaiian Islands).
542................... Central Aleutian District. The area south of 55
deg. 00' N lat, west of 177 deg. 00' W long,
and east of 177 deg. 00' E long and bounded on
the south by the limits of the US EEZ as
described in the current editions of NOAA chart
INT 813 Bering Sea (Southern Part) and NOAA
chart 530 (San Diego to Aleutian Islands and
Hawaiian Islands).
543................... Western Aleutian District. The area south of 55
deg. 00' N lat and west of 177 deg. 00' E long,
and bounded on the south and west by the limits
of the US EEZ as described in the current
editions of NOAA chart INT 813 Bering Sea
(Southern Part) and NOAA chart 530 (San Diego
to Aleutian Islands and Hawaiian Islands).
550................... Donut Hole. International waters of the Bering
Sea outside the limits of the EEZ and Russian
economic zone as depicted on the current
edition of NOAA chart INT 813 Bering Sea
(Southern Part).
Statistical Area. A statistical area is the part of a reporting area
contained in the EEZ.
------------------------------------------------------------------------
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Figure 3.--Gulf of Alaska Statistical and Reporting Areas
[b. Coordinates of Reporting Areas]
------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
610................... Western Regulatory Area, Shumagin District.
Along the south side of the Aleutian Islands
and straight lines between the islands and the
Alaska Peninsula connecting the following
coordinates in the order listed:
52 deg. 49.2' N, 169 deg. 40.4' W;
52 deg. 49.8' N, 169 deg. 06.3' W;
53 deg. 23.8' N, 167 deg. 50.1' W;
53 deg. 18.7' N, 167 deg. 51.4' W;
53 deg. 59.0' N, 166 deg. 17.2' W;
54 deg. 02.9' N, 166 deg. 03.0' W;
54 deg. 07.7' N, 165 deg. 40.6' W;
54 deg. 08.9' N, 165 deg. 38.8' W;
54 deg. 11.9' N, 165 deg. 23.3' W;
54 deg. 23.9' N, 164 deg. 44.0' W; and southward
to the limits of the US EEZ as described in the
current editions of NOAA chart INT 813 (Bering
Sea, Southern Part) and NOAA chart 500 (West
Coast of North America, Dixon Entrance to
Unimak Pass), between 170 deg. 00' W long and
159 deg. 00' W long.
620................... Central Regulatory Area, Chirikof District.
Along the south side of the Alaska Peninsula,
between 159 deg. 00' W long and 154 deg. 00' W
long, and southward to the limits of the US EEZ
as described in the current edition of NOAA
chart 500 (West Coast of North America, Dixon
Entrance to Unimak Pass).
630................... Central Regulatory Area, Kodiak District. Along
the south side of continental Alaska, between
154 deg. 00' W long and 147 deg. 00' W long,
and southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon
Entrance to Unimak Pass). Excluding area 649.
640................... Eastern Regulatory Area, West Yakutat District.
Along the south side of continental Alaska,
between 147 deg. 00' W long and 140 deg. 00' W
long, and southward to the limits of the US
EEZ, as described in the current edition of
NOAA chart 500 (West Coast of North America,
Dixon Entrance to Unimak Pass). Excluding area
649.
649................... Prince William Sound. Includes those waters of
the State of Alaska inside the base line as
specified in Alaska State regulations at 5 AAC
28.200.
650................... Eastern Regulatory Area, Southeast Outside
District. East of 140 deg. 00' W long and
southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon
Entrance to Unimak Pass). Excluding area 659.
659................... Southeast Inside District. As specified in
Alaska State regulations at 5 AAC 28.105 (a)
(1) and (2).
690................... Gulf of Alaska Outside the U.S. EEZ as described
in the current editions of NOAA chart INT 813
(Bering Sea, Southern Part) and NOAA chart 500
(West Coast of North America, Dixon Entrance to
Unimak Pass).
Statistical Area. A statistical area is the part of a reporting area
contained in the EEZ.
------------------------------------------------------------------------
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Figure 4.--Herring Savings Areas in the BSAI
[b. Coordinates]
------------------------------------------------------------------------
Name Description and effective date
------------------------------------------------------------------------
Summer Herring Savings Area 1. That part of the Bering Sea subarea that
is south of 57 deg. N. latitude and
between 162 deg. and 164 deg. W.
longitude from 1200 hours, A.l.t., June
15 through 1200 hours, A.l.t. July 1 of
a fishing year.
Summer Herring Savings Area 2. That part of the Bering Sea subarea that
is south of 56 deg.30' N. latitude and
between 164 deg. and 167 deg. W.
longitude from 1200 hours, A.l.t., July
1 through 1200 hours, A.l.t. August 15
of a fishing year.
Winter Herring Savings Area... That part of the Bering Sea subarea that
is between 58 deg. and 60 deg. N.
latitude and between 172 deg. and 175
deg. W. longitude from 1200 hours,
A.l.t. September 1 of the current
fishing year through 1200 hours, A.l.t.
March 1 of the succeeding fishing year.
------------------------------------------------------------------------
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Figure 5.--Kodiak Island Areas Closed to Non-pelagic Trawl Gear
[b. Coordinates]
------------------------------------------------------------------------
Name and description
of reference area North latitude/West longitude
reference point
------------------------------------------------------------------------
Alitak Flats and Towers Areas--All waters of Alitak Flats and the
Towers Areas enclosed by a line connecting the following 7 points in the
order listed:
b..................... 57 deg. 00' 0'' 155 deg. 00' 0''.
c..................... 56 deg. 17' 0'' 155 deg. 00' 0''.
d..................... 56 deg. 17' 0'' 153 deg. 52' 0''.
e..................... 56 deg. 33' 5'' 153 deg. 52' 0'' Cape Sitkinak.
f..................... 56 deg. 54' 5'' 153 deg. 32' 5'' East point of
Twoheaded Island.
g..................... 56 deg. 56' 0'' 153 deg. 35' 5'' Kodiak Island,
thence, along the coastline of Kodiak Island
until intersection of Low Cape.
a..................... 56 deg. 59' 4'' 154 deg. 31' 1'' Low Cape.
Marmot Flats Area--All waters enclosed by a line connecting the
following five points in the clockwise order listed:
a..................... 58 deg. 00' 0'' 152 deg. 30' 0''.
b..................... 58 deg. 00' 0'' 151 deg. 47' 0''.
c..................... 57 deg. 37' 0'' 151 deg. 47' 0''.
d..................... 57 deg. 37' 0'' 152 deg. 10' 1'' Cape Chiniak,
thence, along the coastline of Kodiak Island to
e..................... 57 deg. 54' 5'' 152 deg. 30' 0'' North Cape.
a..................... 58 deg. 00' 0'' 152 deg. 30' 0''.
Chirikof Island Area--All waters surrounding Chirikof Island enclosed
by a line connecting the following four points in the counter-clockwise
order listed:
a..................... 56 deg. 07' 0'' 155 deg. 13' 0''.
b..................... 56 deg. 07' 0'' 156 deg. 00' 0''.
c..................... 55 deg. 41' 0'' 156 deg. 00' 0''.
d..................... 55 deg. 41' 0'' 155 deg. 13' 0''.
a..................... 56 deg. 07' 0'' 155 deg. 13' 0''.
Barnabas Area--All waters enclosed by a line connecting the following
six points in the counter clockwise order listed:
a..................... 57 deg. 00' 0'' 153 deg. 18' 0'' Black Point.
b..................... 56 deg. 56' 0'' 153 deg. 09' 0''.
c..................... 57 deg. 22' 0'' 152 deg. 18' 5'' South Tip of
Ugak Island.
d..................... 57 deg. 23' 5'' 152 deg. 17' 5'' North Tip of
Ugak Island.
e..................... 57 deg. 25' 3'' 152 deg. 20' 0'' Narrow Cape,
thence, along the coastline of Kodiak Island.
f..................... 57 deg. 04' 2'' 153 deg. 30' 0'' Cape Kasick to
a..................... 57 deg. 00' 0'' 153 deg. 18' 0'' Black Point,
including inshore waters.
------------------------------------------------------------------------
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Tables--Part 672
Table 1.--Product Codes
------------------------------------------------------------------------
Fish product code/description
-------------------------------------------------------------------------
1. Whole fish/food fish.
2. Whole fish/bait. Processed for bait.
3. Bled only. Throat, or isthmus, slit to allow blood to drain.
4. Gutted only. Belly slit and viscera removed.
6. Head and gutted, with roe.
7. Headed and gutted, Western cut. Head removed just in front of the
collar bone, and viscera removed.
8. Headed and gutted, Eastern cut. Head removed just behind the collar
bone, and viscera removed.
10. Headed and gutted, tail removed. Head removed usually in front of
collar bone, and viscera and tail removed.
11. Kirimi. Head removed either in front or behind the collar bone,
viscera removed, and tail removed by cuts perpendicular to the spine,
resulting in a steak.
12. Salted and split. Head removed, belly slit, viscera removed, fillets
cut from head to tail but remaining attached near tail. Product salted.
13. Wings. On skates, side fins are cut off next to body.
14. Roe. Eggs, either loose or in sacs, or skeins.
15. Pectoral girdle. Collar bone and associated bones, cartilage and
flesh.
16. Heads. Heads only, regardless where severed from body.
17. Cheeks. Muscles on sides of head.
18. Chins. Lower jaw (mandible), muscles, and flesh.
19. Belly. Flesh in region of pelvic and pectoral fins and behind head.
20. Fillets with skin and ribs. Meat and skin with ribs attached, from
sides of body behind head and in front of tail.
21. Fillets with skin, no ribs. Meat and skin with ribs removed, from
sides of body behind head and in front of tail.
22. Fillets with ribs and no skin. Meat with ribs with skin removed,
from sides of body behind head and in front of tail.
23. Fillets, skinless/boneless. Meat with both skin and ribs removed,
from sides of body behind head and in front of tail.
24. Deep-skin fillet. Meat with skin, adjacent meat with silver lining,
and ribs removed from sides of body behind head and in front of tail,
resulting in thin fillets.
30. Surimi. Paste from fish flesh and additives.
31. Minced. Ground flesh.
32. Fish meal. Meal from fish and fish parts, including bone meal.
33. Fish oil. Rendered oil.
34. Milt. (in sacs, or testes).
35. Stomachs. Includes all internal organs.
36. Octopus/squid mantles. Flesh after removal of viscera and arms.
37. Butterfly, no backbone. Head removed, belly slit, viscera and most
of backbone removed; fillets attached.
39. Bones (if meal, report as 32).
86. Donated Salmon. Includes salmon retained and donated under Salmon
Donation Program.
97. Other retained product
Discard Product Codes
92. Discard, bait. Whole fish used as bait on board vessel.
94. Discard, consumption. Fish or fish products eaten on board or taken
off the vessel for personal use.
96. Previously discarded fish (decomposed) taken with trawl gear in
current fishing efforts. Discarded.
98. Discard, at sea. Whole groundfish and prohibited species discarded
by catcher vessels, Catcher/Processors, Motherships, or Buying Stations
delivering to Motherships.
99. Discard, dockside. Discard after delivery and before processing;
Discard, at plant. In-plant discard of whole groundfish and prohibited
species by Shoreside Processors and Buying Stations delivering to
Shoreside Processors before and during processing.
M99 Discard, off site meal reduction plant. Discarded fish that are
transferred to any off site facility for reduction to fish meal, fish
oil and/or discard at sea.
Product Designation
A Ancillary. Product made in addition to a primary product from the
same fish.
P Primary. Product made from each fish with the highest recovery rate.
R Reprocessed. Product that results from processing a previously
reported product.
------------------------------------------------------------------------
Table 2.--Species Codes
------------------------------------------------------------------------
Code Species
------------------------------------------------------------------------
110................... Pacific cod.
120................... Miscellaneous flatfish (all flatfish without
separate codes).
121................... Arrowtooth flounder and/or Kamchatka flounder.
122................... Flathead sole.
123................... Rock sole.
124................... Dover sole.
125................... Rex sole.
126................... Butter sole.
127................... Yellowfin sole.
128................... English sole.
129................... Starry flounder.
131................... Petrale sole.
132................... Sand sole.
133................... Alaska Plaice flounder.
[[Page 5636]]
134................... Greenland turbot.
135................... Greenstripe rockfish.
136................... Northern rockfish.
137................... Bocaccio rockfish.
138................... Copper rockfish.
141................... Pacific ocean perch (S. alutus only).
142................... Black rockfish.
143................... Thornyhead rockfish (all Sebastolobus species).
145................... Yelloweye rockfish.
146................... Canary rockfish.
147................... Quillback rockfish.
148................... Tiger rockfish.
149................... China rockfish.
150................... Rosethorn rockfish.
151................... Rougheye rockfish.
152................... Shortraker rockfish.
153................... Redbanded rockfish.
154................... Dusky rockfish.
155................... Yellowtail rockfish.
156................... Widow rockfish.
157................... Silvergray rockfish.
158................... Redstripe rockfish.
159................... Darkblotched rockfish.
160................... Sculpins.
166................... Sharpchin rockfish.
167................... Blue rockfish.
175................... Yellowmouth rockfish.
176................... Harlequin rockfish.
177................... Blackgill rockfish.
178................... Chilipepper rockfish.
179................... Pygmy rockfish.
181................... Shortbelly rockfish.
182................... Splitnose rockfish.
183................... Stripetail rockfish.
184................... Vermilion rockfish.
185................... Aurora rockfish.
193................... Atka mackerel.
270................... Pollock.
510................... Smelt.
511................... Eulachon.
516................... Capelin.
689................... Sharks.
700................... Skates.
710................... Sablefish.
870................... Octopus.
875................... Squid.
GROUP CODES
These group codes may be used if individual species cannot be
identified. .
144................... Slope rockfish (aurora, blackgill, Bocaccio,
redstripe, silvergray, chilipepper,
darkblotched, greenstriped, harlequin, pygmy,
shortbelly, splitnose, stripetail, vermillion,
yellowmouth, sharpchin)
168................... Demersal shelf rockfish (china, copper,
quillback, rosethorn, tiger, yelloweye, canary)
169................... Pelagic shelf rockfish (blue, dusky, yellowtail,
widow).
171................... Shortraker/rougheye rockfish
PROHIBITED SPECIES CODES
000................... Unspecified salmon.
200................... Pacific halibut.
235................... Pacific herring.
410................... Salmon, Chinook.
420................... Salmon, Sockeye.
430................... Salmon, Coho.
440................... Salmon, Pink.
450................... Salmon, Chum.
540................... Steelhead trout.
920................... Unspecified king crab.
921...
FR Doc. 96-2574 Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea and Aleutian Islands Area; Consolidation of Regulations Including Recordkeeping and Reporting Requirements
................ Red king crab.
922................... Blue king crab.
923................... Gold/brown king crab.
930................... Unspecified tanner crab.
931................... Bairdi tanner crab.
932................... Opilio tanner crab.
------------------------------------------------------------------------
[[Page 5637]]
Table 3.--Product Recovery Rates for Groundfish Species Referenced in 50 CFR 672.20(a)(1) and/or 50 CFR 675.20(a)(1)
Product code
-----------------------------------------------------------------------------------------------------------
FMP species Species Whole Whole H&G H&G H&G
code food bait Bled Gutted with western eastern H&G w/o Kirimi Salted Wings Roe
fish fish roe cut cut tail & split
1 2 3 4 6 7 8 10 11 12 13 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD........................ 110 1.00 1.00 0.98 0.85 0.63 0.57 0.47 0.44 ....... 0.45 ....... 0.05
ARROWTOOTH FLOUNDER................ 121 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
ROCKFISH \1\....................... ....... 1.00 1.00 0.98 0.88 ....... 0.60 0.50 ....... ....... ....... ....... .......
SCULPINS........................... 160 1.00 1.00 0.98 0.87 ....... 0.50 0.40 ....... ....... ....... ....... .......
ATKA MACKEREL...................... 193 1.00 1.00 0.98 0.87 0.67 0.64 0.61 ....... ....... ....... ....... .......
POLLOCK............................ 270 1.00 1.00 0.98 0.80 0.70 0.65 0.56 0.50 ....... ....... ....... 0.04
SMELTS............................. 510 1.00 1.00 0.98 0.82 ....... 0.71 ....... ....... ....... ....... ....... .......
EULACHON........................... 511 1.00 1.00 0.98 0.82 ....... 0.71 ....... ....... ....... ....... ....... .......
CAPELIN............................ 516 1.00 1.00 0.98 0.89 ....... 0.78 ....... ....... ....... ....... ....... .......
SHARKS............................. 689 1.00 1.00 0.98 0.83 ....... 0.72 ....... ....... ....... ....... ....... .......
SKATES............................. 700 1.00 1.00 0.98 0.90 ....... ....... 0.32 ....... ....... ....... 0.32 .......
SABLEFISH.......................... 710 1.00 1.00 0.98 0.89 0.68 0.63 0.50 ....... ....... ....... .......
OCTOPUS............................ 870 1.00 1.00 0.98 0.69 ....... ....... ....... ....... ....... ....... ....... .......
Target species categories only at
50 CFR 672.20(a)
DEEP WATER FLATFISH............ 118 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
FLATHEAD SOLE.................. 122 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
REX SOLE....................... 125 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
SHALLOW WATER FLATFISH......... 119 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
THORNYHEAD ROCKFISH............ 143 1.00 1.00 0.98 0.88 0.55 0.60 0.50 ....... ....... ....... ....... .......
Target species categories only at
50 CFR 675.20(a)
OTHER FLATFISH................. 120 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
ROCK SOLE...................... 123 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
YELLOWFIN SOLE................. 127 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
GREENLAND TURBOT............... 134 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
SQUID.......................... 875 1.00 1.00 0.98 0.69 ....... ....... ....... ....... ....... ....... ....... .......
Product code
-----------------------------------------------------------------------------------------------------------------------
FMP species Species Fillets Fillets Fillets Fillets Fillets
code Pectoral Heads Cheeks Chins Belly w/skin skin on w/ribs skinless/ deep Surimi Mince Meal
girdle & ribs no ribs no skin boneless skin
15 16 17 18 19 20 21 22 23 24 30 31 32
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD.................................................... 110 0.05 ....... 0.05 ....... 0.01 0.45 0.35 0.25 0.25 ....... 0.15 0.5 0.17
ARROWTOOTH FLOUNDER............................................ 121 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
ROCKFISH....................................................... ....... ........ 0.15 0.05 0.05 0.10 0.40 0.30 0.33 0.25 ....... ....... ....... 0.17
SCULPINS....................................................... 160 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
ATKA MACKEREL.................................................. 193 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... 0.15 ....... 0.17
POLLOCK........................................................ 270 ........ 0.15 ....... ....... ....... 0.35 0.30 0.30 0.21 0.16 0.16 \2
\
0.17 \3
\ 0.22 0.17
SMELTS......................................................... 510 ........ ....... ....... ....... ....... ....... 0.38 ....... ......... ....... ....... ....... 0.22
EULACHON....................................................... 511 ........ ....... ....... ....... ....... ....... 0.38 ....... ......... ....... ....... ....... 0.22
CAPELIN........................................................ 516 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.22
SHARKS......................................................... 689 ........ ....... ....... ....... ....... ....... 0.30 0.30 0.25 ....... ....... ....... 0.17
SKATES......................................................... 700 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
SABLEFISH...................................................... 710 ........ ....... 0.05 ....... ....... 0.35 0.30 0.30 0.25 ....... ....... ....... 0.22
OCTOPUS........................................................ 870 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
Target species categories only at 50 CFR 672.20(a)
DEEP WATER FLATFISH........................................ 118 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
FLATHEAD SOLE.............................................. 122 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
REX SOLE................................................... 125 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
SHALLOW WATER FLATFISH..................................... 119 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
THORNYHEAD ROCKFISH........................................ 143 ........ 0.20 0.05 0.05 0.05 0.40 0.30 0.35 0.25 ....... ....... ....... 0.17
Target species categories only at 50 CFR 675.20(a)
OTHER FLATFISH............................................. 120 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
ROCK SOLE.................................................. 123 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
YELLOWFIN SOLE............................................. 127 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... 0.18 ....... 0.17
GREENLAND TURBOT........................................... 134 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
SQUID...................................................... 875 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
[[Page 5638]]
Table 3.--Product Recovery Rates for Groundfish Species Referenced in 50 CFR 672.20(a)(1) and/or 50 CFR 675.20(a)(1) (continued)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Product code
---------------------------------------------------------------------------------------------------------------------------
FMP species Species Butterfly
code Oil Milt Stomachs Mantles backbone Decomposed Discards
removed fish
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
33 34 35 36 37 96
(6) 92, 94, 98, 99, M99
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD................................................ 110 ....... ....... ........ ....... 0.43 0.00 1.00
ARROWTOOTH FLOUNDER........................................ 121 ....... ....... ........ ....... ......... 0.00 1.00
ROCKFISH................................................... ....... ....... ....... ........ ....... ......... 0.00 1.00
SCULPINS................................................... 160 ....... ....... ........ ....... ......... 0.00 1.00
ATKA MACKEREL.............................................. 193 ....... ....... ........ ....... ......... 0.00 1.00
POLLOCK.................................................... 270 ....... ....... ........ ....... 0.43 0.00 1.00
SMELTS..................................................... 510 ....... ....... ........ ....... ......... 0.00 1.00
EULACHON................................................... 511 ....... ....... ........ ....... ......... 0.00 1.00
CAPELIN.................................................... 516 ....... ....... ........ ....... ......... 0.00 1.00
SHARKS..................................................... 689 ....... ....... ........ ....... ......... 0.00 1.00
SKATES..................................................... 700 ....... ....... ........ ....... ......... 0.00 1.00
SABLEFISH.................................................. 710 ....... ....... ........ ....... ......... 0.00 1.00
OCTOPUS.................................................... 870 ....... ....... ........ 0.85 1.00 0.00 1.00
Target species categories only at 50 CFR 672.20(a)
DEEP WATER FLATFISH.................................... 118 ....... ....... ........ ....... ......... 0.00 1.00
FLATHEAD SOLE.......................................... 122 ....... ....... ........ ....... ......... 0.00 1.00
REX SOLE............................................... 125 ....... ....... ........ ....... ......... 0.00 1.00
SHALLOW WATER FLATFISH................................. 119 ....... ....... ........ ....... ......... 0.00 1.00
THORNYHEAD ROCKFISH.................................... 143 ....... ....... ........ ....... ......... 0.00 1.00
Target species categories only at 50 CFR 675.20(a)
OTHER FLATFISH......................................... 120 ....... ....... ........ ....... ......... 0.00 1.00
ROCK SOLE.............................................. 123 ....... ....... ........ ....... ......... 0.00 1.00
YELLOWFIN SOLE......................................... 127 ....... ....... ........ ....... ......... 0.00 1.00
GREENLAND TURBOT....................................... 134 ....... ....... ........ ....... ......... 0.00 1.00
SQUID.................................................. 875 ....... ....... ........ 0.75 1.00 0.00 1.00
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rockfish means all species of Sebastes and Sebastolobus.
\2\ Standard pollock surimi rate during January through June.
\3\ Standard pollock surimi rate during July through December.
Table 4.--Bering Sea Subarea Steller Sea Lion Protection Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
From To
Island -------------------------------------------------------------------------------------------------------------------
Latitude Longitude Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at 50 CFR 227.12(a)(2)
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Sea Lion Rocks...................... 55 deg.28.0' N 163 deg.12.0' W
Ugamak Island....................... 54 deg.14.0' N 164 deg.48.0' W 54 deg.13.0' N 164 deg.48.0' W
Akun Island......................... 54 deg.18.0' N 165 deg.32.5' W 54 deg.18.0' N 165 deg.31.5' W
Akutan Island....................... 54 deg.03.5' N 166 deg.00.0' W 54 deg.05.5' N 166 deg.05.0' W
Bogoslof Island..................... 53 deg.56.0' N 168 deg.02.0' W
Ogchul Island....................... 53 deg.00.0' N 168 deg.24.0' W
Adugak Island....................... 52 deg.55.0' N 169 deg.10.5' W
Walrus Island....................... 57 deg.11.0' N 169 deg.56.0' W
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under 50 CFR 672.30(a)(8), Trawling
Prohibited Within 20 nm).
Sea Lion Rocks...................... 55 deg.28.0' N 163 deg.12.0' W
Akun Island......................... 54 deg.18.0' N 165 deg.32.5' W 54 deg.18.0' N 165 deg.31.5' W
Akutan Island....................... 54 deg.03.5' N 166 deg.00.0' W 54 deg.05.5' N 166 deg.05.0' W
Ugamak Island....................... 54 deg.14.0' N 164 deg.48.0' W 54 deg.13.0' N 164 deg.48.0' W
Seguam Island....................... 52 deg.21.0' N 172 deg.35.0' W 52 deg.21.0' N 172 deg.33.0' W
Agligadak Island.................... 52 deg.06.5' N 172 deg.54.0' W
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low
water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the
island at mean lower low water.
[[Page 5639]]
Table 5.--Aleutian Islands Subarea Steller Sea Lion Protection Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
From To
Island -------------------------------------------------------------------------------------------------------------------
Latitude Longitude Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at 50 CFR 227.12(a)(2)
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Yunaska Island...................... 52 deg.42.0' N 170 deg.38.5' W 52 deg.41.0' N 170 deg.34.5' W
Seguam Island....................... 52 deg.21.0' N 172 deg.35.0' W 52 deg.21.0' N 172 deg.33.0' W
Agligadak Island.................... 52 deg.06.5' N 172 deg.54.0' W
Kasatochi Island.................... 52 deg.10.0' N 175 deg.31.0' W 52 deg.10.5' N 175 deg.29.0' W
Adak Island......................... 51 deg.36.5' N 176 deg.59.0' W 51 deg.38.0' N 176 deg.59.5' W
Gramp Rock.......................... 51 deg.29.0' N 178 deg.20.5' W
Tag Island.......................... 51 deg.33.5' N 178 deg.34.5' W
Ulak Island......................... 51 deg.20.0' N 178 deg.57.0' W 51 deg.18.5' N 178 deg.59.5' W
Semisopochnoi....................... 51 deg.58.5' N 179 deg.45.5' E 51 deg.57.0' N 179 deg.46.0' E
Semisopochnoi....................... 52 deg.01.5' N 179 deg.37.5' E 52 deg.01.5' N 179 deg.39.0# E
Amchitka Island..................... 51 deg.22.5' N 179 deg.28.0' E 51 deg.21.5' N 179 deg.25.0' E
Amchitka Is/Column Rocks............ 51 deg.32.5' N 178 deg.49.5' E
Ayugadak Point...................... 51 deg.45.5' N 178 deg.24.5' E
Kiska Island........................ 51 deg.57.5' N 177 deg.21.0' E 51 deg.56.5' N 177 deg.20.0' E
Kiska Island........................ 51 deg.52.5' N 177 deg.13.0' E 51 deg.53.5' N 177 deg.12.0' E
Buldir Island....................... 52 deg.20.5' N 175 deg.57.0' E 52 deg.23.5' N 175 deg.51.0' E
Agattu Is./Gillion Pt............... 52 deg.24.0' N 173 deg.21.5' E
Agattu Island....................... 52 deg.23.5' N 173 deg.43.5' E 52 deg.22.0' N 173 deg.41.0' E
Attu Island......................... 52 deg.54.5' N 172 deg.28.5' E 52 deg.57.5' N 172 deg.31.5' E
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under 50 CFR 675.20(a)(8). Trawling
Prohibited Within 20 nm).
Seguam Island....................... 52 deg.21.0' N 172 deg.35.0' W 52 deg.21.0' N 172 deg.33.0' W
Agligadak Island.................... 52 deg.06.5' N 172 deg.54.0' W
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the
second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean
lower low water.
Table 6.--Gulf of Alaska Steller Sea Lion Protection Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
From To
Island ----------------------------------------------------------------------------------------------------------------------
Latitude Longitude Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at 50 CFR 227.12(a)(2)
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Outer Island..................... 59 deg.20.5' N 150 deg.23.0' W 59 deg.21.0' N 150 deg.24.5' W
Sugarloaf Island................. 58 deg.53.0' N 152 deg.02.0' W ............................ ...........................
Marmot Island.................... 58 deg.14.5' N 151 deg.47.5' W 58 deg.10.0' N 151 deg.51.0' W
Chirikof Island.................. 55 deg.46.5' N 155 deg.39.5' W 55 deg.46.5' W 155 deg.43.0' W
Chowiet Island................... 56 deg.00.5' N 156 deg.41.5' W 56 deg.00.5' N 156 deg.42.0' W
Atkins Island.................... 55 deg.03.5' N 159 deg.18.5' W ............................ ...........................
Chernabura Island................ 54 deg.47.5' N 159 deg.31.0' W 54 deg.45.5' N 159 deg.33.5' W
Pinnacle Rock.................... 54 deg.46.0' N 161 deg.46.0' W ............................ ...........................
Clubbing Rocks-N................. 54 deg.43.0' N 162 deg.26.5' W ............................ ...........................
Clubbing Rocks-S................. 54 deg.42.0' N 162 deg.26.5' W ............................ ...........................
Ugamak Island.................... 54 deg.14.0' N 164 deg.48.0' W 54 deg.13.0' N 164 deg.48.0' W
Akun Island...................... 54 deg.18.0' N 165 deg.32.5' W 54 deg.18.0' N 165 deg.31.5' W
Akutan Island.................... 54 deg.03.5' N 166 deg.00.0' W 54 deg.05.5' N 166 deg.05.0' W
Ogchul Island.................... 53 deg.00.0' N 168 deg.24.0' W ............................ ...........................
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under 50 CFR 672.30(a)(8). Trawling
Prohibited Within 20 nm).
Akun I........................... 54 deg.18.0' N 165 deg.32.5' W 54 deg.18.0' N 165 deg.31.5' W
Akutan I......................... 54 deg.03.5' N 166 deg.00.0' W 54 deg.05.5' N 166 deg.05.0' W
Ugamak I......................... 54 deg.14.0' N 164 deg.48.0' W 54 deg.13.0' N 164 deg.48.0' W
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low
water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the
island at mean lower low water.
[[Page 5640]]
Table 7.--Communities Determined To Be Eligible To Apply for Community
Development Quotas
[Other communities may also be eligible, but do not appear on this
table]
------------------------------------------------------------------------
-------------------------------------------------------------------------
Aleutian Region:
1. Atka
2. False Pass
3. Nelson Lagoon
4. Nikolski
5. St. George
6. St. Paul
Bering Strait:
1. Brevig Mission
2. Diomede/Inalik
3. Elim
4. Gambell
5. Golovin
6. Koyuk
7. Nome
8. Savoonga
9. Shaktoolik
10. St. Michael
11. Stebbins
12. Teller
13. Unalakleet
14. Wales
15. White Mountain
Bristol Bay:
1. Alegnagik
2. Clark's Point
3. Dillingham
4. Egegik
5. Ekuk
6. Manokotak
7. Naknek
8. Pilot Point/Ugashi
9. Port Heiden/Meschick
10. South Naknek
11. Sovonoski/King Salmon
12. Togiak
13. Twin Hills
Southwest Coastal Lowlands:
1. Alakanuk
2. Chefornak
3. Chevak
4. Eek
5. Emmonak
6. Goodnews Bay
7. Hooper Bay
8. Kipnuk
9. Kongiganak
10. Kotlik
11. Kwigillingok
12. Mekoryuk
13. Newtok
14. Nightmute
15. Platinum
16. Quinhagak
17. Scammon Bay
18. Sheldon's Point
19. Toksook Bay
20. Tununak
21. Tuntutuliak
------------------------------------------------------------------------
Table 8.--Harvest Zone Codes for Use With Product Transfer Reports and
Vessel Activity Reports
------------------------------------------------------------------------
Harvest zone Description
------------------------------------------------------------------------
A................................ EEZ off Alaska.
D................................ Donut Hole.
F................................ Foreign Waters Other than Russia.
I................................ International Waters other than Donut
Hole and Seamounts.
R................................ Russian waters.
S................................ Seamounts in International waters.
U................................ U.S. EEZ other than Alaska.
------------------------------------------------------------------------
Table 9.--Required Logbooks, Reports and Forms From Participants in the Federal Groundfish Fisheries
----------------------------------------------------------------------------------------------------------------
Catcher- Catcher- Shoreside Buying
Name of logbook/form vessel processor Mothership processor station
----------------------------------------------------------------------------------------------------------------
Daily Fishing Logbook (DFL)............... Yes No No No No.
Daily Cumulative Production Logbook (DCPL) No Yes Yes Yes No.
Daily Cumulative Logbook (DCL)............ No No No No Yes.
Check-in/check-out Report................. No Yes Yes Yes Yes.
U.S. Vessel Activity Report (VAR)......... Yes Yes Yes No No.
Weekly Production Report (WPR)............ No Yes Yes Yes No.
Daily Production Report (DPR)*............ No Yes Yes Yes No.
Product Transfer Report (PTR)............. No Yes Yes Yes No.
----------------------------------------------------------------------------------------------------------------
* When required by Regional Director.
Table 10.--Gulf of Alaska Retainable Percentages Referenced in 50 CFR 672.20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bycatch species\1\
-----------------------------------------------------------------------------------------------------------------------
Basis species 1 Pacific Deep Rex Flathead Shallow Aggregated DSR Atka Other
Pollock cod flatfish sole sole flatfish Arrowtooth Sablefish rockfish 2 SEEO 3 mackerel species
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock......................... \4\ na 20 20 20 20 20 35 1 5 10 20 20
Pacific cod..................... 20 \4\ na 20 20 20 20 35 1 5 10 20 20
Deep-water flatfish............. 20 20 \4\ na 20 20 20 35 15 15 1 20 20
Rex sole........................ 20 20 20 \4\ na 20 20 35 15 15 1 20 20
Flathead sole................... 20 20 20 20 \4\ na 20 35 15 15 1 20 20
Shallow-water flatfish.......... 20 20 20 20 20 \4\ na 35 1 5 10 20 20
Arrowtooth...................... 0 0 0 0 0 0 \4\ na 0 0 0 0 0
Sablefish....................... 20 20 20 20 20 20 35 \4\ na 15 1 20 20
Pacific Ocean Perch............. 20 20 20 20 20 20 35 15 15 1 20 20
Shortraker/rougheye............. 20 20 20 20 20 20 35 15 15 1 20 20
Other rockfish.................. 20 20 20 20 20 20 35 15 15 1 20 20
Northern rockfish............... 20 20 20 20 20 20 35 15 15 1 20 20
Pelagic rockfish................ 20 20 20 20 20 20 35 15 15 1 20 20
DSR-Southeast Outside........... 20 20 20 20 20 20 35 15 15 \4\ na 20 20
Thornyhead...................... 20 20 20 20 20 20 35 15 15 1 20 20
Atka mackerel................... 20 20 20 20 20 20 35 1 5 10 \4\ na 20
Other species................... 20 20 20 20 20 20 35 1 5 10 20 \4\ na
[[Page 5641]]
Aggregated amount non-groundfish
species........................ 20 20 20 20 20 20 35 1 5 10 20 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications.
\2\ Aggregated rockfish means rockfish of the general Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish
(DSR) is a separate category.
\3\ SEEO--Southeast Outside District.
\4\ na=not applicable.
Table 11.--Bering Sea and Aleutian Islands Management Area Retainable Percentages Referenced in 50 CFR 675.20
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Bycatch species \1\
----------------------------------------------------------------------------------------------------------------------------------
Basis species \5\ Pacific Atka Yellowfin Other Rock Flathead Greenland Aggregated Other
Pollock cod mackerel Arrowtooth sole flatfish sole sole turbot Sablefish rockfish Squid species
------------------------------------------------------------------------------------------------------------------------------------------------------------------------\6\---------------------
Pollock...................................................... \7\ na 20 20 35 20 20 20 20 1 1 5 20 20
Pacific cod.................................................. 20 \3\ na 20 35 20 20 20 20 1 1 5 20 20
Atka mackerel................................................ 20 20 \3\ na 35 20 20 20 20 1 1 5 20 20
Arrowtooth................................................... 0 0 0 \3\ na 0 0 0 0 0 0 0 0 0
Yellowfin sole............................................... 20 20 20 35 \3\ na 35 35 35 1 1 5 20 20
Other flatfish............................................... 20 20 20 35 35 \3\ na 35 35 1 1 5 20 20
Rocksole..................................................... 20 20 20 35 35 35 \3\ na 35 1 1 5 20 20
Flathead sole................................................ 20 20 20 35 35 35 35 \3\ na 35 15 15 20 20
Greenland turbot............................................. 20 20 20 35 20 20 20 20 \3\ na 15 15 20 20
Sablefish.................................................... 20 20 20 35 20 20 20 20 35 \3\ na 15 20 20
Other rockfish............................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Other red rockfish-BS........................................ 20 20 20 35 20 20 20 20 35 15 15 20 20
Pacific Ocean perch.......................................... 20 20 20 35 20 20 20 20 5 15 15 20 20
Sharpchin/Northern-AI........................................ 20 20 20 35 20 20 20 20 35 15 15 20 20
Shortraker/Rougheye-AI....................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Squid........................................................ 20 20 20 35 20 20 20 20 1 1 5 \3\ na 20
Other species................................................ 20 20 20 35 20 20 20 20 1 1 5 20 na \3\
Aggregated amount non-groundfish species..................... 20 20 20 35 20 20 20 20 1 1 5 20 20
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.
\2\ Aggregated rockfish of the genera Sebastes and Sebastolobus.
\3\ na=not applicable.
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
13. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
14. In Sec. 675.1, paragraph (a) is revised to read as follows:
Sec. 675.1 Purpose and scope.
(a) Regulations in this part, along with parts 620, 672, 676, and
677 of this chapter implement the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Area.
* * * * *
15. Section 675.2 is revised to read as follows:
Sec. 675.2 Definitions.
Definitions for this part are identical to the definitions for part
672. See Sec. 672.2 of this chapter.
16. Section 675.3 is revised to read as follows:
Sec. 675.3 Relation to other laws.
Regulations for this section are located in Sec. 672.3 of this
chapter.
17. Section 675.4 is revised to read as follows:
Sec. 675.4 Permits.
Fisheries permit requirements for vessels fishing for groundfish in
the BSAI are located at Sec. 672.4 of this chapter.
18. Section 675.5 is revised to read as follows:
Sec. 675.5 Recordkeeping and reporting.
Recordkeeping and reporting requirements regulated under this part
and Sec. 672.4 of this chapter are located at Sec. 672.5 of this
chapter.
19. In Sec. 675.7, paragraphs (a), (l), and (m) are revised, and
paragraphs (q) and (r) are added to read as follows:
Sec. 675.7 Prohibitions.
* * * * *
(a) Fish for groundfish in the BSAI with a vessel of the United
States that does not have on board a valid permit issued under
Sec. 672.4 of this chapter.
* * * * *
(l) Except as authorized by permit issued pursuant to the section
of the Donut Hole Convention implementing legislation authorizing the
Secretary to
[[Page 5642]]
issue Donut Hole fishing permits (Public Law 104-43, section 104(d)),
it is unlawful for any person to fish in the Donut Hole from a vessel
for which a Federal fisheries permit has been issued pursuant to
section 672.4 of this chapter during the year for which the permit was
issued;
(m) Except as authorized by permit issued pursuant to the section
of the Donut Hole Convention implementing legislation authorizing the
Secretary to issue Donut Hole fishing permits (Public Law 104-43,
section 104(d)), it is unlawful for any person to possess within the
EEZ fish harvested from the Donut Hole on board a vessel for which a
Federal fisheries permit has been issued pursuant to section 672.4 of
this chapter during the year for which the permit was issued.
* * * * *
(q) Fail to comply with or fail to ensure compliance with
requirements at Sec. 672.5 of this chapter.
(r) Use a catcher vessel or catcher/processor as a Tender Vessel
before offloading all groundfish or groundfish product harvested or
processed by that vessel.
20. In Sec. 675.20, paragraphs (a)(1), (c)(1), (i)(2), and (j)(4)
are revised; headings for paragraphs (a)(8) through (a)(12), (d),
(j)(1), (j)(2) and (j)(3) are added; paragraphs (h)(1) and (h)(3) are
amended by revising the words, ``Table 1 to this section'' to read
``Table 11 of part 672,'' and Table 1 to Sec. 675.20 is removed.
Sec. 675.20 General limitations.
(a) * * *
(1) Optimum yield (OY). The OY for the fishery regulated by this
section and by Sec. 611.93 of this chapter is a range of 1.4 million to
2.0 million mt for target species and the ``other species'' category in
the BSAI, to the extent this amount can be harvested consistently with
this part and part 611 of this chapter, plus the amounts of ``non-
specified species'' taken incidentally to the harvest of target species
and the ``other species'' category. The species categories are defined
in Table 1 of the specifications as provided in paragraph (a)(7) of
this section.
* * * * *
(8) Directed fishing allowance. * * *
(9) Prohibited species closure. * * *
(10) Overfishing closure. * * *
(11) JVP or TALFF prohibitions. * * *
(12) Factors to be considered. * * *
* * * * *
(c) * * *
(1) Prohibited species, for the purpose of this part, means any of
the species of Pacific salmon (Oncorhynchus spp.), steelhead trout
(Oncorhynchus mykiss), Pacific halibut (Hippoglossus stenolepis),
Pacific herring (Clupea harengus pallasi), king crab (Paralithodes spp.
and Lithodes spp.), and Tanner crab (Chionoecetes spp.) caught by a
vessel regulated under this part while fishing for groundfish in the
BSAI, unless retention is authorized by other applicable law, including
Part 301--Pacific Halibut Fisheries Regulations.
* * * * *
(d) Winter Halibut Savings Area. * * *
* * * * *
(i) * * *
(2) Fishing trip. For purposes of this paragraph, a fishing trip is
defined as set forth under paragraph 672.20(h)(2) of this chapter.
(j) * * *
(1) Pollock roe. * * *
(2) Primary product. * * *
(3) Standard product recovery rates. * * *
* * * * *
(4) For purposes of this paragraph, a fishing trip is defined as
set forth under part 672.20(h)(2) of this chapter.
* * * * *
21. In Sec. 675.21, headings are added to paragraphs (a)(1) through
(a)(6), and (b)(4), to read as follows:
Sec. 675.21 Prohibited Species Catch (PSC) Limitations.
(a) * * *
(1) Red king crab, Zone 1. * * *
(2) Tanner crab, Zone 1. * * *
(3) Tanner crab, Zone 2. * * *
(4) Pacific halibut, trawl. * * *
(5) Pacific herring. * * *
(6) Pacific halibut, non-trawl. * * *
(b) * * *
(4) Bycatch allowances and seasonal apportionments. * * *
* * * * *
22. In Sec. 675.22, paragraph (a) is revised and headings are added
to paragraphs (b) through (f) to read as follows:
Sec. 675.22 Time and area closures.
(a) Year-round closures, Area 512. No fishing with trawl gear is
allowed at any time in that part of Zone 1 in the Bering Sea subarea
that is south of 58 deg.00' N. lat. and between 160 deg.00' W. long.
and 162 deg.00' W. long. (see Figure 1 to part 672), except as
described in paragraph (c) of this section.
(b) Seasonal closures, Area 516. * * *
(c) Partial closures, Area 512. * * *
(d) Partial closures, Area 516. * * *
(e) Red king crab closures. * * *
(f) Walrus Protection Areas. * * *
* * * * *
23. In Sec. 675.23, paragraphs (a) and (d) are revised and headings
are added to paragraphs (b) and (c) to read as follows:
Sec. 675.23 Seasons.
(a) Fishing year. Fishing for groundfish in the subareas and
statistical areas of the BSAI is authorized from 0001 hours, A.l.t.,
January 1, through 2359 hours, A.l.t., December 31, subject to the
other provisions of this part, except as provided in paragraphs (c)
through (e) of this section.
(b) Time of openings and closures. * * *
(c) Directed fishing for arrowtooth flounder and Greenland turbot.
* * *
(d) Trawl gear prohibition, BSAI. Notwithstanding other provisions
of this part, fishing for groundfish with trawl gear in the BSAI is
prohibited from 0001 hours, A.l.t. on January 1, through 1200 hours,
A.l.t., January 20.
* * * * *
24. In Sec. 675.24, paragraph (e) is removed; paragraphs (f), (g),
and (h) are redesignated as paragraphs (e), (f), and (g) respectively;
headings are added to paragraphs (c)(1), (c)(2), (c)(3), (d)(1),
(d)(2), and newly redesignated paragraphs (f)(2) and (f)(3); the
headings for paragraph (b) and newly redesignated paragraph (f) are
revised; newly redesignated paragraphs (e) and (f)(4) are revised; and
paragraph (a)(4) is added to read as follows:
Sec. 675.24 Gear limitations.
* * * * *
(a) * * *
(4) Marking shall be in characters at least 4 inches (10.2 cm) in
height and one-half inch (1.3 cm) in width, in a contrasting color
visible above the water line, and shall be maintained in good
condition.
(b) Gear restrictions--pots. * * *
* * * * *
(c) * * * (1) Sablefish. * * *
(2) Pollock. * * *
(3) Longline pot gear. * * *
(d) * * *
(1) Directed fishing closures. * * *
(2) PSC closures. * * *
* * * * *
(e) Steller sea lion protection areas--(1) Bering Sea Subarea and
Bogoslof District--(i) Year-round closures. Trawling is prohibited
within 10 nm (18.5 km) of each of the eight Steller sea lion rookeries
shown in Table 4a to part 672 of this chapter.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15 if adjusted under Sec. 675.20(a)(8),
trawling is prohibited within 20 nm (37 km) of each of the six Steller
sea lion
[[Page 5643]]
rookeries shown in Table 4b to part 672 of this chapter.
(2) Aleutian Islands Subarea--(i) Year-round closures. Trawling is
prohibited within 10 nm (18.4 km) of each of the 19 Steller sea lion
rookeries shown in Table 5a of part 672 of this chapter.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15 if adjusted under Sec. 675.20(a)(8),
trawling is prohibited within 20 nm (37 km) of each of the two Steller
sea lion rookeries shown in Table 5b of part 672 of this chapter.
(f) Trawl gear testing areas. * * *
(2) Test area conditions. * * *
(3) Test area criteria. * * *
(4) Bering Sea Testing Area. Trawl gear testing is allowed in an
area (Figure 7 to part 672 of this chapter) bounded by straight lines
connecting the following coordinates in the order listed, at all times:
W. longitude N. latitude
167 deg. 00' 55 deg. 00'
166 deg. 00' 55 deg. 00'
166 deg. 00' 54 deg. 40'
167 deg. 00' 54 deg. 40'
167 deg. 00' 55 deg. 00'
* * * * *
25. In Sec. 675.27, the table to Sec. 675.27 is removed; paragraph
(d)(2) introductory text and paragraph (g) are revised; the heading of
paragraph (c) is revised, and headings are added to paragraphs (a)(1),
(a)(2), (c)(1), (c)(2), (e)(2), and (f)(1) through (f)(3), to read as
follows:
Sec. 675.27 Western Alaska Community Development Quota Program
(applicable through December 31, 1998).
(a) State of Alaska CDQ regulations.--(1) Compliance. * * *
(2) Public hearing. * * *
* * * * *
(c) Secretarial review and approval of CDPs.--(1) Consistent with
criteria. * * *
(2) Not consistent with criteria. * * *
(d) Evaluation criteria. * * *
(2) Prior to approval of a CDP recommended by the Governor, NMFS
will review the Governor's findings to determine that each community
that is part of a CDP is listed on Table 7 to part 672 of this chapter
or meets the following criteria for an eligible community:
* * * * *
(e) * * *
(2) Increase in CDQ allocation. * * *
(f) * * *
(1) Recommendation of Governor. * * *
(2) Non-compliance. * * *
(3) Review of allocation. * * *
(g) CDQ fishing requirements. Recordkeeping and reporting
requirements are set out at Sec. 672.5 of this chapter.
* * * * *
26. Part 675 is amended by removing figures 1 through 3 to this
part.
[FR Doc. 96-2574 Filed 2-12-96; 8:45 am]
BILLING CODE 3510-22-P
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