[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Rules and Regulations]
[Pages 45344-45350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22010]



[[Page 45344]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 85

RIN 1018-AC67


Clean Vessel Act Pumpout Symbol, Slogan and Program Crediting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This final rule provides definitions for facilities open to 
the public and public versus private facilities, clarification on 
submitting proposals, points for education, and the requirements for a 
uniform pumpout symbol, slogan and program crediting for the Clean 
Vessel Act of 1992 as authorized in Fish and Wildlife Service 
regulations.

DATES: This rule becomes effective September 26, 1997.

ADDRESSES: Copies may be obtained by mailing a request to the Division 
of Federal Aid, Fish and Wildlife Service, U.S. Department of the 
Interior, 1849 C Street, NW, MS 140 ARLSQ, Washington, DC 20240, or 
obtained from the Division of Federal Aid, Fish and Wildlife Service, 
U.S. Department of the Interior, Room 140, 4401 North Fairfax Drive, 
Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT: Robert D. Pacific, (703) 358-1845.

SUPPLEMENTARY INFORMATION:

Background

    Section 5604 of the Clean Vessel Act (Pub. L. 102-587, Title V, 
Subtitle F) authorizes the Director of the U.S. Fish and Wildlife 
Service (Service) to make grants to coastal States for constructing/
renovating pumpout and portable toilet dump stations and for 
implementing associated education programs.

Developing a Pumpout Symbol

    The Service consulted with Federal and State agencies, and with 
organizations and individuals within the marine industry and boating 
community in developing a pumpout symbol. A scoping meeting was held 
April 8, 1993, in Arlington, Virginia, to obtain input on a pumpout 
symbol. States that presently have pumpout symbols were invited to 
attend, as well as others. Maryland and Virginia attended, as well as 
the following Federal agency representatives: National Oceanic and 
Atmospheric Administration (NOAA), Environmental Protection Agency 
(EPA), U.S. Coast Guard (USCG), and Federal Highway Administration 
(FHWA). Representatives from States Organization of Boating Access 
(SOBA), National Marine Manufacturers Association (NMMA), American 
League of Anglers and Boaters (ALAB), and the International Association 
of Fish and Wildlife Agencies (IAFWA) also attended. Oregon and the 
National Association of State Boating Law Administrators did not 
attend, but provided comments and examples of their current symbols 
and/or suggested symbols.
    A draft scoping document encompassing the information in this rule 
was sent to nearly 250 individuals and organizations for review and 
comment on July 8, 1994. Comments were received from three Service 
Regions, EPA's Chesapeake Bay Program, FHWA, USCG (3 letters), 
Massachusetts Department of Fisheries, Wildlife and Environmental Law 
Enforcement, Oregon State Marine Board, Maryland Department of Natural 
Resources Boating Administration, Florida Department of Environmental 
Protection, NMMA, Sealand Technology, Inc., Keco, Inc., and Neil Ross 
Consultants. A summary of comments received was published in the 
proposed rule in the Federal Register on September 19, 1995 (60 FR 
48491).
    Numerous consultations and scoping meetings were held with Federal, 
State and marine community staffs, groups and individuals throughout 
this period. Focus group meetings were held in Miami, Florida, 
Minneapolis, Minnesota, Seattle, Washington, and Annapolis, Maryland, 
between June 14 and 28, 1995, to obtain inputs on a symbol, slogan, and 
to determine boater attitudes toward pumping out their sewage. Each 
group was shown the suggested symbol and results show that ``the 
symbol, as tested, is appropriate and easily understood. Boaters 
volunteered that this symbol can become the `universal' visual for 
pumpout stations.''
    Consultation occurred with the International Standards 
Organization, American National Standards Institute, American Boat and 
Yacht Council, Society of Automotive Engineers, American Institute of 
Graphic Arts, British Standards Institution, and Permanent 
International Association of Navigation Congresses. Input was obtained 
on several pumpout symbol designs at the following meetings: Eleven 
EPA-sponsored Regional Workshops in 1994 and 1995, through a grant with 
The International Marina Institute; at the University of Wisconsin-
Madison Docks and Marina National Conference; and at several marine 
community conferences, workshops and meetings.
    This rule requires that two proposals be submitted by coastal 
States when submitting projects in coastal and inland portions of the 
State. Without this differentiation, adequate evaluation of proposals 
is not possible since points are different for the two zones.
    In the proposed rule, the Service clarified the use of points for 
education so that States could receive points for education if they had 
an active, ongoing education program and did not need additional funds 
in a particular year. Otherwise, States would be forced to request 
funds to get points even if they did not need the funds.
    In response to a request from a State and the marine community, the 
definitions of facilities open to the public, and public versus private 
facilities were contained in the proposed rule. The definitions of 
public/private follows definitions developed earlier by the marine 
community for surveying marinas for pumpout and other information.
    In order to increase public awareness of the program, the marine 
community recommended developing a pumpout symbol, slogan, and program 
crediting logo. This rule provides the requirements for that pumpout 
symbol, slogan, and crediting logo.
    There has been an International Standards Organization (ISO) 
international symbol since 1972 (depicted below).

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BILLING CODE 4310-55-C
    There is also a symbol (depicted below) which appears on National 
Oceanic and Atmospheric Administration's (NOAA) National Ocean Service 
(NOS) nautical charts. The letter ``P'' and the circle around the ``P'' 
are magenta-colored.

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BILLING CODE 4310-55-C
    The international symbol has been described by the marine community 
as not conveying a distinct meaning and is not understood by boaters. 
That symbol, therefore, has not been accepted by boaters and is not in 
general use in the United States. Likewise, the NOAA magenta ``P'' and 
circle on charts were not accepted as having a distinct message when 
presented to the marine community and have been deemed by Federal 
Highway Administration and marine community groups as possibly being in 
conflict with the symbol for ``parking''. Therefore, there is no 
nationally recognized pumpout symbol in general use to indicate to 
boaters traveling in different parts of the country where pumpout and 
portable toilet dump stations are located.
    Likewise, there is no nationally recognized slogan. There are 
several State and private pumpout and portable toilet dump station 
symbols and slogans in use. The image and words differ from State to 
State. In order to have a successful campaign nationwide to get boaters 
to use pumpouts, a single, coordinated message and symbol are needed.
    Therefore, the Service developed a pumpout symbol and slogan to 
provide boaters with a single nationwide symbol of pumpout and portable 
toilet dump station locations, and to provide a consistent message 
about the program nationally in education materials produced by each 
State. Advertising the program with one widely accepted symbol and 
slogan will decrease confusion, better advertise the program, result in 
greater use of pumpout and portable toilet dump stations, improve the 
aquatic environment, and thus contribute to improve economic and health 
conditions. The symbol and slogan contribute to environmental 
improvement goals of other Federal, State and local governmental 
agencies and have the support of boaters, the boating industry and the 
marine community.
    Currently, 50 CFR 80.26 contains a crediting logo, and 50 CFR 85.47 
contains suggested language to acknowledge that facilities were 
constructed with Clean Vessel Act funds. These sections also were 
reviewed and suggestions made for changes.

Criteria Used To Develop the Symbol

    The Service developed criteria to select the pumpout symbol after 
discussions with individuals involved in the marine community and State 
and Federal agencies, and review of the documents identified in this 
rule:

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    (1) How well the symbol represents the message (Many symbols must 
be learned before there is adequate recognition of the symbol, 
therefore, constant repetition of the symbol is more important than the 
style of drawing or appropriateness of concept.);
    (2) The ease with which people learn the symbol (The simpler the 
symbol, the easier to learn.);
    (3) How well the symbol relates to national standards;
    (4) How well the symbol is reproducible on letters, etc.;
    (5) How visible the sign is to viewers (The simpler the symbol, the 
easier to recognize it at greater distances and under all light and 
background conditions.); and
    (6) How easy to reproduce, reduce and enlarge the symbol (The 
symbol must be legible when reduced significantly.).

The Selected Pumpout Symbol

    The current international symbol was rejected by nearly all who 
commented as not being understood by boaters and not communicating a 
distinct meaning. According to comments made by people in the marine 
community, the NOAA NOS nautical magenta ``P'' and circle, although it 
may be suitable on the NOAA nautical charts, does not convey the 
pumpout message adequately on signs and may be in conflict with other 
symbols such as parking signs. The current symbols used by States and 
the suggested complex symbols did not fully comply with the criteria. A 
suggestion was made by members of the marine community to develop 
separate symbols for pumpout and portable toilet dump stations. 
Comments on this suggestion favored one single symbol encompassing both 
pumpout and portable toilet dump stations to decrease confusion and 
costs.
    The selected symbol encompasses the one feature that invariably 
appeared in the 50 symbols: the ``arrow'' as well as the ``holding 
tank'' and ``boat.'' The selected symbol, therefore, represents the 
core of current and suggested symbols:
    (1) It is simple and should be easy to learn;
    (2) It follows U.S. Coast Guard format and color standards for 
signs on waterways (Symbol is black, border is international orange, 
and background is white);
    (3) It is easily reproducible on charts, etc., and should be easily 
recognizable to viewers at a great distance; and
    (4) It is easily reduced or enlarged without losing legibility.

Developing a Pumpout Slogan

    In addition to the pumpout symbol, the Service developed a slogan. 
Some States currently have a slogan, however, no national level slogan 
exists. The July 8, 1994, scoping document resulted in 52 suggested 
slogans that was reduced to 17 and presented to boaters at the focus 
group meetings. The slogan, ``KEEP OUR WATER CLEAN--USE PUMPOUTS,'' was 
selected by the cooperating Federal agencies (FWS, NOAA, EPA, and 
USCG), based on the top four slogans recommended by the boaters. 
``Boaters prefer a short, straight-forward slogan'' as identified 
during the focus group meetings.

Developing a Program Crediting Logo

    Section 80.26 of 50 CFR part 80 contains the approved crediting 
logo for the Federal Aid in Sport Fish Restoration Act. Section 85.47 
of 50 CFR part 85 contains examples of suggested language for crediting 
the Clean Vessel Act. The Service received no comments to replace the 
approved crediting logo. The Service received inputs on suggested 
language from the July 8, 1994, scoping document request, and 
subsequently from States and Fish and Wildlife Service Regions and 
selected suggested language based on these comments.

Summary of Comments and Recommendations

    The Service requested, in the September 19, 1995, proposed rule for 
the Clean Vessel Act Pumpout Symbol, Slogan and Program Crediting, all 
interested parties to submit comments that might contribute to the 
development of a final rule within a 60-day period ending November 20, 
1995. The Service also requested comments from about 1,000 people with 
appropriate State and Federal agencies, local governments, boaters and 
boating organizations, marina owners/operators, marine equipment 
manufacturers and retailers, conservation organizations, and other 
interested parties.
    The Service received a total of three written comment letters on 
the proposed rule identifying six issues suggesting clarification and 
modification of some of the language in the guidelines.
    The Service considered all suggestions and recommendations raised 
by the commenters, and those comments adopted are included in this 
final rule in the appropriate sections. The following is a discussion 
of the issues raised by the commenters, the Service's responses to 
those issues, and a summary of changes made to the proposed rule.
    Issue 1. Maryland Department of Natural Resources and BOAT/U.S. 
Clean Water Trust: Fees under the definition of Equitable Fees, 
Sec. 85.11, need not be equal for all pumpout users provided Federal/
State laws regarding pricing are not violated and that the maximum 
amount allowable under the Clean Vessel Act ($5.00) is not exceeded. A 
number of marinas in Maryland charge different categories of customers 
different fees. For example, some marinas charge a fee to transient 
boaters while pumpout service is provided either at a reduced cost or 
at no cost to slipholders/members. Other marinas charge boaters a fee 
for pumpouts but offer that service for free if fuel is purchased. A 
``prepay'' pumpout fee also sounds reasonable provided the slipholder/
member is ultimately not being charged more than $5.00 per pumpout. 
Allowing a certain amount of flexibility in pricing may be both good 
for business and encourage pumpout usage. New wording was then 
suggested by the State. BOAT/U.S. Clean Water Trust also commented that 
a significant number of marinas offer different prices for slipholders 
and transients. The cost of the pumpout for slipholders is built into 
the slip lease agreement, and keeping track of pumpout use by 
individual slipholders is difficult. The definition should ensure that 
marina operators do not have to keep more records to track the equity 
of prepaid pumpouts for slipholders versus payment per pumpout for 
transients.
    Response: The Service agrees and has substituted the language 
suggested by the State of Maryland.
    Issue 2. BOAT/U.S. Clean Water Trust: For Sec. 85.11 the definition 
of ``Facility open to the public'' is longer than is required. Delete 
the following: * * * at that public or private facility for pumping 
out, * * *
    Response: The Service agrees and has deleted that part of the 
sentence.
    Issue 3. United States Environmental Protection Agency: The 
definitions do not clearly indicate whether pumpout facilities at 
private marinas are open and available for public use.
    Response: Pumpout facilities at private marinas are open for public 
use, and language has been added in Sec. 85.11 under the definition of 
``Facility open to the public'' to indicate such.
    Issue 4. BOAT/U.S. Clean Water Trust: In Sec. 85.43, the pumpout 
sign should be offered in 2 colors as well as the 3 colors for those 
with limited printing budgets for signage, publications, or other 
applications.
    Response: The Service agrees. The final symbol is two-colored with 
a white

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background. However, language has been added in Sec. 85.43 (b)(6)(vi), 
and (c)(1)(i), to indicate that one color, black, may also be used when 
appropriate, both for the pumpout symbol and for the magenta P 
qualifying sign. Language also has been added in Sec. 85.47 to indicate 
the colors that may be used for the crediting logo.
    Issue 5. United States Environmental Protection Agency, and BOAT/
U.S. Clean Water Trust: Will the number, sizes, etc., of logos, 
slogans, crediting language, and operation instructions placed on 
pumpouts confuse the average user? BOAT/U.S. Clean Water Trust 
suggested prioritizing this information so that the most important 
information can be included when there is limited space. Other 
possibilities include covering the cost of producing signs under grant 
funds, or the Service designing and mass producing a sign with all of 
the standard information satisfying these requirements. In addition, it 
will be difficult to control in what colors the symbol is printed if 
marinas individually are left to create their own signage for pumpout 
docks.
    Response: Information has been added in Sec. 85.43(e) to clarify 
when different symbols, slogans, and logos should be used so that signs 
do not become cluttered and confusing. Also, the cost of producing 
signs is an allowable cost of the program, as indicated in existing 
Sec. 85.41(a). The Service also is exploring the possibility of 
providing a number of symbol signs to the States for distribution to 
marinas.
    Issue 6. United States Environmental Protection Agency: The 
location and size of the Sport Fish Restoration logo required by the 
rule is not specified.
    Response: Language has been added in Sec. 85.47(b) to clarify the 
location and size of the logo and maintaining proportions for reduction 
and enlargement. In addition, language regarding maintaining 
proportions for reduction or enlargement of the symbol has been added 
to Sec. 85.43 (b)(6)(ii) and (e).
    In addition to the comments received, one change was made to 
85.43(a), the addition of a specific telephone number, 1-800-ASK-FISH, 
to be placed on pumpout and dump stations. This number has been fully 
operational since March 1996 and can be called to find the location of 
pumpout and dump stations throughout the country and to report a 
problem with the operation of a particular pumpout or dump station.

Environmental Effects

    Because this rule is an administrative action, the effects on the 
physical, biological and sociological environment are too broad, 
speculative, and conjectural to be analyzed meaningfully. Therefore, 
the action is categorically excluded from any National Environmental 
Policy Act documentation pursuant to 516 DM
2.3 A(2). However, installation of symbol signs will be reviewed as 
part of the construction or renovation of pumpout and portable toilet 
dump stations which will require separate environmental consideration.

Information Collection Requirements

    These final regulations have been examined under the Paperwork 
Reduction Act of 1995 and have been found to contain no information 
collection requirements.

Required Determinations

Economic Effects

    The purpose of this rule is to establish a universal symbol for use 
by marinas to assist customers in locating pumpout facilities for their 
boats. It is expected that all marinas would provide some form of 
customer guidance to the services provided by the marina. The only cost 
associated with this rule would be the re-painting of existing signs to 
add the new symbol. For those marinas adding pumpout stations after the 
adoption of this symbol, the cost of adding the symbol would be 
minimal. The addition of the symbol is voluntary and for the benefit of 
the marinas' customers. Any cost associated with the inclusion of the 
symbol on existing and new signs is expected to be minimal, therefore, 
it is not expected that any significant economic effects would be 
attributable to this rule. There are no indications that any 
competitive effects either positive or negative would be associated 
with this rule and there are no effects on prices charged for services 
at marinas. In addition, grants are available for private marinas to 
install pumpout stations provided they are available to the general 
public. The decision to accept grant funds, and, therefore, general 
public access to the pumpout station, is voluntary on the part of the 
private marina and, therefore, a part of usual and customary business 
decisions. No significant economic costs are expected to result from 
the grant program.

Other Effects

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The rule allows eligible States to make 
decisions regarding the use of the pumpout symbol, slogan and crediting 
logo. A review under the Regulatory Flexibility Act of 1980 (5 U.S.C. 
601 et seq.) has revealed that this rulemaking would not have a 
significant effect on a substantial number of small entities, which 
include businesses, organizations, or governmental jurisdictions. This 
voluntary program provides grant funds to small entities, with minor 
requirements, such as allowing the general public to use the 
facilities, therefore, this would have minimal effect on such entities. 
The effects of these rules will impact agencies in the States, Puerto 
Rico, Guam, the Virgin Islands, American Samoa, the District of 
Columbia and the Northern Mariana Islands. The Service has determined 
and certified pursuant to the Unfunded Mandates Act, 2 U.S.C. 1502 et 
seq., that this rulemaking will not impose a cost of $100 million or 
more in any given year on local or State governments or private 
entities. The Department has determined that these final regulations 
meet the applicable requirements provided in Sections 3(a) and 3(b)(2) 
of Executive Order 12988.

Intergovernmental Review of Federal Programs

    This Clean Vessel Act Grant Program is covered under Executive 
Order 12372 ``Intergovernmental Review of Federal Programs'' and 43 CFR 
part 9 ``Intergovernmental Review of the Department of the Interior 
Programs and Activities.'' Individual projects that are part of this 
grant program should comply with the provisions of 43 CFR 9.
    Author: The primary author of this rule is Robert D. Pacific, U.S. 
Fish and Wildlife Service.

List of Subjects in 50 CFR Part 85

    Coastal zone, Grant programs--natural resources, Reporting and 
recordkeeping requirements, Sewage disposal, Vessels.

Regulation Promulgation

    For the reasons set out in the preamble, part 85 of subchapter F of 
chapter I, title 50 of the Code of Federal Regulations is amended as 
set forth below.

PART 85--CLEAN VESSEL ACT GRANT PROGRAM

    1. The authority citation for part 85 is revised to read as 
follows:

    Authority: 16 U.S.C. 777g(c).

Subpart A--General

    2. Section 85.11 is amended by removing the paragraph designations 
and adding the following definitions, in alphabetical order, to read as 
follows:

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Sec. 85.11   Definitions.

* * * * *
    Equitable fees. The maximum charge per pumpout is $5.00. Price 
modifications and discounts are subject to State/Federal laws 
concerning pricing.
* * * * *
    Facility open to the public. (1) A Clean Vessel Act facility that 
is open and available to the public is one where the public has full 
and reasonable access to the pumpout/dump station, including:
    (i) Provision of signage visible from the water to direct boaters 
to pumpout/dump stations;
    (ii) Location of pumpouts to facilitate ease of use by all boats 
typical to that particular marina;
    (iii) Equitable fees; and
    (iv) Reasonable open periods.
    (2) To be eligible for funding under this program, both public and 
private facilities must be open to the public.
* * * * *
    Private facilities. Private facilities include those operated by 
the following:
    (1) For profit or non-profit private marinas, docks, etc.;
    (2) For profit or non-profit concessionaires, whether they are 
leased or private facilities, on public lands; or
    (3) Yacht or boating clubs, whether they are open to the public or 
members-only facilities.
    Public facilities. Public facilities include municipal, county, 
port authority, State and Federal marinas, docks, etc., operated by 
those agencies.
* * * * *
    Reasonable open periods. This part does not specify hours, days and 
seasons, however, some suggested examples, provided no other factors 
are involved, are presented:
    (1) Pumpout/dump stations may be open during the same period the 
fuel docks are normally open.
    (2) Pumpout stations may be open when the marina is open and staff 
is present to pump out boats.
    (3) Pumpout/dump stations may be open during the hours considered 
to be normal marina business hours as adjusted by seasonal differences.
* * * * *

Subpart B--Application for Grants

    3. Section 85.21 is amended by revising the introductory text of 
paragraph (a) to read as follows:


Sec. 85.21   Application procedures.

    (a) Eligible applicants will submit their proposals to the 
appropriate Regional Office of the U.S. Fish and Wildlife Service. 
Coastal States submitting proposals for both the coastal zone and the 
inland portion of their States, must submit two separate proposals. The 
Regional Office addresses follow:
* * * * *

Subpart C--Grant Selection

    4. Section 85.30(f) is revised to read as follows:


Sec. 85.30  Grant selection criteria.

* * * * *
    (f) Proposals that include an education/information component, or 
the State has an active, ongoing education program;
* * * * *

Subpart D--Conditions on Use/Acceptance of Funds

    5. Section 85.43 is revised to read as follows:


Sec. 85.43  Signs and symbols.

    (a) Signs. Facilities must display appropriate information signs at 
pumpout and portable toilet dump stations. Such information should 
indicate fees, restrictions, hours of operation, operating 
instructions, a contact name and 1-800-ASK-FISH telephone number for 
boaters to get additional information or to report an inoperable 
facility.
    (b) Pumpout symbol. (1) At appropriate times, to increase public 
awareness of the Clean Vessel Act Pumpout Grant Program, use a pumpout 
symbol according to Service specifications. Use the pumpout symbol as 
follows:
    (i) As a sign at the entrance to a marina advertising the presence 
of a pumpout and/or portable toilet dump station;
    (ii) As a directional sign within a marina;
    (iii) As a sign at a pumpout and/or portable toilet dump station;
    (iv) As a symbol on educational and informational material; and
    (v) For other uses as appropriate to advance the purposes of the 
Clean Vessel Act.
    (2) To avoid confusion with having two symbols, use the selected 
symbol both for pumpout stations and portable dump stations. The 
Service encourages the use of this symbol as it is not copyrighted. The 
NOAA NOS magenta ``P'' within a magenta circle will continue to be used 
on nautical charts to identify the location of pumpout and portable 
toilet dump stations. NOAA will include information about the selected 
pumpout symbol in the U.S. Coast Pilots, a supplement to the charts, to 
relate this symbol to the NOAA Nautical Chart magenta ``P'' and circle.
    (3) All recipients identified in Sec. 85.11 should display the 
appropriate pumpout symbol on facilities, such as pumpout and portable 
toilet dump stations, or on printed material or other visual 
representations relating to project accomplishments or education/
information, and should encourage others to do so. Sub-recipients also 
should display the symbol and should encourage use by others for the 
purposes stated in this paragraph (b)(3).
    (4) The Service encourages other persons or organizations, such as 
marinas with pumpout stations not constructed with Clean Vessel Act 
funds, to use the symbol to advance the purposes of the Clean Vessel 
Act program.
    (5) The following specifications shall apply: The symbol is black, 
the background is white, and the border is international orange. There 
is no standard for the black and white, but use black and white colors, 
not shades. The standards for the international orange color is as 
follows: For day boards (signs), use retroflective international orange 
film. For paint, use international orange conforming to FED-STD 595B, 
chip number 12197 in daylight conditions. For inks, use Pantone 
Matching System color chart 179C. In order to ensure visibility after 
dark, use reflectorized film or paint, and/or artificial illumination. 
Pumpout symbol technical specifications to construct signs and for 
other purposes are available upon request.
    (6) The following rules govern the graphic reproduction of the 
symbol:
    (i) Do not use a smaller than legible symbol.
    (ii) If you reduce or enlarge the symbol, maintain the same 
proportions.
    (iii) Do not obscure the symbol by overprinting.
    (iv) Do not place the symbol where it will be split by unlike 
backgrounds.
    (v) Do not place the symbol on a background that is highly textured 
or patterned.
    (vi) When appropriate, for economical reasons, depict the symbol in 
one-color (black) with a white background, rather than two-color 
(international orange and black) with white background.
    (7) The pumpout symbol follows:

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    (c) Qualifying signs.
BILLING CODE 4310-55-C
    (1) In conjunction with the symbol, you may use other qualifying 
signs below the symbol, either on the same sign or on a separate sign.
    (i) You may place the message ``P PUMP OUT'', ``P PUMPOUT 
STATION'', ``P PORTABLE TOILET DUMP STATION'', or other appropriate 
qualifier, beneath the symbol. Place the magenta-colored ``P'' and 
circle in front of the message to relate the pumpout symbol to the NOAA 
NOS nautical charts. Messages may be appropriate for several years 
until the symbol is understood without the message. When appropriate, 
substitute a black ``P'' and circle for economical reasons.
    (ii) You may place directional arrows beneath the symbol to 
indicate the direction of pumpout or portable toilet dump station 
facilities.
    (2) The following specifications shall apply: Symbols, such as 
directional arrows, and letters, are black, and the background is 
white. For using inks to create the magenta color, use PMS color chart 
259U. Letters and black and white colors shall follow the Federal 
Highway Administration's Manual on Uniform Traffic Control Devices for 
Streets and Highways (MUTCD), FHWA, 1988. The Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, 
provides for sale copies of the 1988 MUTCD, including Revision No. 3, 
dated September 3, 1993, Stock No. 050-001-00308-2.
    (3) The same rules governing the graphic reproduction of the 
pumpout symbol, as described in paragraph (b)(6) of this section, shall 
apply to qualifying signs.
    (d) Pumpout slogan. (1) Use the pumpout slogan according to Service 
specifications to help increase boater awareness of the need to use 
pumpout and dump stations to properly dispose of their boat sewage. Use 
the slogan in conjunction with the pumpout symbol, on educational/
informational material, and for other uses as appropriate to advance 
the purposes of the Clean Vessel Act. The slogan is not copyrighted, 
and the Service encourages its appropriate use.
    (2) All recipients identified in Sec. 85.11 should display the 
pumpout slogan on facilities, such as pumpout and portable toilet dump 
stations as appropriate, and on printed material or other visual 
representations relating to project accomplishments or education/
information, and should encourage others to do so. Sub-recipients 
should display the slogan for purposes as stated above and should 
encourage others to do so.
    (3) The Service encourages other persons or organizations, such as 
marinas with pumpout stations not constructed with Clean Vessel Act 
funds, to use the slogan to advance the purposes of the Clean Vessel 
Act program.
    (4) The following specifications shall apply: Letters are black and 
background is white. The same reference under specifications for 
Qualifying Signs in paragraph (c)(2) of this section shall apply.
    (5) The same rules governing the graphic reproduction of the 
pumpout symbol, as described in paragraph (b)(6) of this section, shall 
apply to the pumpout slogan.
    (6) The pumpout slogan follows:
KEEP OUR WATER CLEAN--USE PUMPOUTS
    (e) All information signs, pumpout symbol, qualifying signs, and 
pumpout slogan identified in this section and the crediting logo 
identified in Sec. 85.47, inform and educate boaters. Therefore, use 
the signs, symbol, slogan and logo as appropriate. For instance, a sign 
on the water directing boaters to a pumpout may only need the pumpout 
symbol, and a qualifying sign beneath, e.g., an arrow, and possibly the 
words ``PUMPOUT STATION''. For pumpout and dump stations, the pumpout 
symbol, slogan, information signs, including all information in 
paragraph (a) of this section, and the crediting and State logo may be 
appropriate. If desirable, add qualifying signs. Position a legible 
sign, symbol and logo either on the pumpout/dump station, on a separate 
sign, or both, for the greatest effect in informing and educating 
boaters. For other products such as print and video public service 
announcements, brochures, etc., the placement of symbols, etc. depends 
on space availability. The following order of priority dictates the 
order of use under limited space conditions: the pumpout symbol, 
slogan, 1-800-ASK-FISH telephone number and Sport Fish Restoration 
crediting logo. Add other information as appropriate. Use judgement 
when placing information on signs so as not to confuse the reader.

[[Page 45350]]

Display the symbol, logo, slogan and information signs in the 
appropriate locations. To reduce wind drag when bolting signs on 
pilings, it was found helpful in the Northeast to make signs taller 
than wider. Symbol or logo size may vary. However, if you reduce or 
enlarge the symbol, maintain the same proportions.
    6. Section 85.47 is revised to read as follows:


Sec. 85.47   Program crediting.

    (a) Crediting logo. As the source of funding for Clean Vessel Act 
facilities, the Sport Fish Restoration program should get credit 
through use of the Sport Fish Restoration logo. Grant recipients may us 
the crediting logo identified in 50 CFR 80.26 to identify projects 
funded by the Clean Vessel Act. The Sport Fish Restoration logo 
follows:

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    (b) Recipient logo display. Grant recipients are authorized to 
display the Sport Fish Restoration logo. Section 85.11 identifies 
recipients eligible to display the appropriate logo according to 50 CFR 
80.26. Display includes on pumpout and portable toilet dump stations 
that grantees acquire, develop, operate or maintain by these grants, or 
on printed material or other visual representations relating to project 
accomplishments or education/information. Display the logo in the 
appropriate location, according to Sec. 85.43(e). Symbol or logo size 
may vary. However, if your reduce or enlarge the symbol, maintain the 
same proportions. Recipients may require sub-recipients to display the 
logo.
    (c) Other display of logo. Other persons or organizations may use 
the logo for purposes related to the Federal Aid Clean Vessel Act 
program as authorized in 50 CFR 80.26.
    (d) Crediting language. Suggested examples of language to use when 
crediting the Clean Vessel Act follow:

    (1) Example 1. The Sport Fish Restoration Program funded this 
pumpout facility through your purchase of fishing equipment and 
motorboat fuels.
    (2) Example 2. The Sport Fish Restoration Program funded this 
construction through your purchase of fishing equipment and 
motorboat fuels.
    (3) Example 3. The Sport Fish Restoration Program funded the 
production of this pamphlet through your purchase of fishing 
equipment and motorboat fuels.

    (e) Logo colors. Option 1 in paragraph (e)(1) of this section 
describes the preferred logo colors. Use Options 2 or 3 in paragraph 
(e)(2) or (e)(3) of this section when necessary or to reduce costs. Do 
not attempt to match these Pantone Matching Systems (PMS) colors with 
combinations of screened process colors.
    (1) Option 1. When printed 100 percent on a white background, use 
PMS 348.
    (2) Option 2. When using four-color process printing, print the 
symbol in 100 percent black on a white background.
    (3) Option 3. When it is not possible to follow the specifications 
of Options 1 or 2 in paragraph (e)(1) or (e)(2) of this section, print 
the logo in any 100 percent solid dark color on a contrasting light 
background.

    Dated: July 29, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-22010 Filed 8-26-97; 8:45 am]
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