45344 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Rules and Regulations

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.

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 WisconsinMadison 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).

BILLING CODE 4310–55–M
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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.

BILLING CODE 4310–55–M

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:
45346 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Rules and Regulations

(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, straightforward 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, § 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 § 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 § 85.11

under the definition of ‘‘Facility open to

the public’’ to indicate such.

Issue 4. BOAT/U.S. Clean Water

Trust: In § 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
Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Rules and Regulations 45347

background. However, language has

been added in § 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

§ 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 § 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 § 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 § 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 § 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:
45348 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Rules and Regulations

§ 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 membersonly 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:

§ 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:

§ 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:

§ 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 § 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:

BILLING CODE 4310–55–M
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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 § 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 § 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.
45350 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Rules and Regulations

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:

§ 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:

BILLING CODE 4310–55–M

BILLING CODE 4310–55–C

(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

§ 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]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 970520120–7198–02; I.D.

040297A]

RIN 0648–AJ19

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; 1997 Management

Measures for Nontrawl Sablefish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement management measures for

the 1997 limited entry, fixed gear