Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Proposed Rules 5197

III. Comments Containing Confidential

Business Information

Any person who submits comments

claimed as CBI must mark the

comments as ‘‘confidential,’’ ‘‘trade

secret,’’ or other appropriate

designation. Comments not claimed as

confidential at the time of submission

will be placed in the public file. Any

comments marked as confidential must

prepare and submit a public version of

the comments that EPA can place in the

public file.

IV. Rulemaking record

A record has been established for this

rulemaking under docket number

OPPTS 50522A (including comments

and data submitted electronically as

described below). A public version of

this record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as CBI is available for

inspection from 12 noon to 4 p.m.,

Monday through Friday, except legal

holidays. The public record is located in

the TSCA Nonconfidential Information

Center Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at: opptncic@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ‘‘ADDRESSES’’ at the beginning of

this document.

V. Regulatory Assessment

Requirements

EPA is revoking the requirements of

this rule. Any costs or burdens

associated with this rule will also be

eliminated when the rule is revoked.

Therefore, EPA finds that no costs or

burdens must be assessed under

Executive Order 12866, the Regulatory

Flexibility Act (5 U.S.C. 605(b)), or the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Recordkeeping

and reporting requirements.

Dated: January 27, 1997.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, it is proposed that 40 CFR

part 721 be amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

would continue to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

§ 721.2815 [Removed]

2. By removing § 721.2815.

[FR Doc. 97–2709 Filed 2–3–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10, 12, and 15

[CGD 95–062]

RIN 2115–AF26

Implementation of the 1995

Amendments to the International

Convention on Standards of Training,

Certification and Watchkeeping for

Seafarers, 1978 (STCW)

AGENCY: Coast Guard, DOT.

ACTION: Notice of intent.

SUMMARY: The Coast Guard is hereby

giving notice of its intent to issue an

interim rule to amend the current

domestic regulations on licensing and

documentation of personnel serving on

U.S. seagoing vessels. The interim rule

will implement the International

Convention on Standards of Training,

Certification and Watchkeeping for

Seafarers, 1978 (STCW), as amended in

1995. Because the 1995 Amendments to

STCW will come into force on February

1, 1997, the Coast Guard is using this

notice to inform the public, and the

affected industry, of the status of the

interim rule, and to advise those who

will be operating vessels on

international voyages during the period

between February 1, 1997, and the date

the interim rule becomes effective.

ADDRESSES: The Executive Secretary

maintains the public docket for this

rulemaking. Comments previously

received have become part of this

docket and are available for inspection

or copying at room 3406, U.S. Coast

Guard Headquarters, 2100 Second Street

SW., Washington, DC 20593–0001,

between 8:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

Copies of International Maritime

Organization (IMO) circular (STCW.7/

Circ.1) may be obtained by faxing your

name and address to (202) 267–4570 or

(202) 267–4816, by writing to the

Commandant (MSO) at U.S. Coast Guard

Headquarters, 2100 Second Street SW.,

Washington, DC 20593–0001, or by

calling (202) 267–0229.

FOR FURTHER INFORMATION CONTACT:

Mr. Christopher Young, Project

Manager, Office of Operating and

Environmental Standards (G–MSO),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, telephone (202) 267–0216.

SUPPLEMENTARY INFORMATION:

Background and Purpose

On July 7, 1995, a Conference of

Parties to the International Convention

on Standards of Training, Certification

and Watchkeeping for Seafarers, 1978

(STCW), meeting at the Headquarters of

the International Maritime Organization

in London, adopted the amendments to

the STCW. The 1995 Amendments to

STCW enter into force on February 1,

1997. In the NPRM published on March

26, 1996 (61 FR 13284), the Coast Guard

proposed a number of changes it

considered necessary to implement the

revised requirements, to ensure that

U.S. documents and licenses are issued

in compliance with the 1995

Amendments to STCW.

The STCW sets qualifications for

masters, officers, and watchkeeping

personnel on seagoing merchant ships.

It was originally adopted in 1978 by a

conference at IMO Headquarters in

London, and it entered into force in

1984. Currently, there are 119 StateParties, representing almost 95 percent

of the world’s merchant-ship tons. The

United States became a party in 1991.

Over 90 percent of ships entering U.S.

waters are foreign-flag, and most of

them are or will be subject to STCW.

Approximately 350 large U.S. merchant

ships that routinely visit foreign ports,

as well as thousands of smaller U.S.

documented commercial vessels that

operate on ocean or near-coastal

voyages, are subject to STCW.

The Amendments adopted by the

Conference in July 1995 are

comprehensive and detailed. They

concern port-state control,

communication of information to IMO

to allow for mutual oversight, and

responsibility of all State-Parties to

ensure that seafarers meet objective

standards of competence. They also

require candidates for certificates

(licenses and document endorsements)

to establish competence through both

subject-area examinations and practical
5198 Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Proposed Rules

demonstrations of skills. Training,

assessment, and certification of

competence are all to be managed

within a quality-standards system to

ensure that stated objectives are being

achieved.

The Coast Guard held seven public

meetings in the months leading up to

the Conference held by IMO, to

determine what positions U.S.

delegations should advocate at

preparatory meetings and to exchange

views about Amendments to STCW

under discussion.

The Coast Guard published a notice of

proposed rulemaking (NPRM) in the

Federal Register on March 26, 1996 (61

FR 13284). That notice described the

1995 Amendments to STCW, and

proposed changes to implement those

Amendments in U.S. licensing

regulations (46 CFR part 10),

documentation (46 CFR part 12), and

manning (46 CFR part 15). The notice

also invited comments on the proposed

rule. Over 500 letters were submitted to

the public docket. The Coast Guard also

held three more public meetings to

receive comments on the proposed rule.

The Coast Guard is preparing the

interim rule to amend our regulations to

address the new requirements under the

1995 Amendments to STCW.

Unfortunately, publication will not take

place until after February 1, 1997, when

the 1995 Amendments to STCW come

into force worldwide. This may cause

some confusion in the U.S. maritime

industry. The Coast Guard takes this

opportunity to advise the industry both

of the status of the rulemaking, and of

other important facts, in the hope that

confusion and inconvenience will be

reduced or eliminated.

The Coast Guard presents the

following information in a question and

answer format. This notice is as

informative as possible, but readers

should be aware that disclosure of

details before issuance of the Interim

Rule is not appropriate under Coast

Guard and Department of

Transportation policies, and is not in

keeping with the Administrative

Procedure Act (5 U.S.C. 553), which

governs rulemaking, and ensures fair

opportunity for public comment.

What will be the next document to be

published on the STCW rulemaking?

The Coast Guard is preparing an

interim rule for publication in the

Federal Register in the near future. That

rule will give the public another

opportunity for comment on changes

made as a result of comments submitted

to the docket, in response to the NPRM

published on March 26, 1996.

Since the interim rule will not be

published before February 1, 1997, what

is the consequence for personnel serving

on U.S. seagoing vessels?

Personnel serving on U.S. seagoing

vessels will not have to comply with the

new requirements under the 1995

Amendments to the STCW Convention

until the Interim Rule comes into effect.

The Coast Guard made every effort to

publish the rule prior to the

enforcement date of February 1, 1997.

However, as a matter of fairness and

legality, the United States will not

enforce the 1995 Amendments to the

STCW Convention until the rule is in

effect.

As a cautionary note, however,

owners and operators of U.S.-flag

seagoing vessels that plan to enter

foreign ports should be aware that portstate control officers may inquire about

steps being taken to meet company

responsibilities under the 1995

Amendments to STCW. While not

mandatory, as a matter of U.S. law, until

the interim rule comes into effect,

compliance with certain STCW

requirements is highly recommended to

facilitate entry into foreign ports. In

particular, ship operators should—

(a) Post watch schedules that ensure

that watchkeeping personnel have

periods of rest that meet the STCW

requirements;

(b) Provide written instructions to the

master of each ship setting out policies

and procedures for ensuring that new

crewmembers receive a reasonable

opportunity to familiarize themselves

with ship-specific equipment, operating

procedures, and other arrangements

needed for performance of their duties;

and

(c) Ensure that evidence is available to

establish that each member of the crew

has received familiarization instruction

to ensure he or she takes appropriate

action in an emergency; or, if the

member is on the muster list, that he or

she has participated in organized drills

and other training exercises relating to

fire-fighting, first aid, personal survival,

and personal safety. No special evidence

is required for those who hold 1978

STCW certificates or endorsements

since basic safety was included in the

1978 requirements for certification.

Operators of vessels engaged in

international voyages should contact

local port agents or representatives to

ascertain compliance expectations prior

to arrival in a foreign port.

Has IMO issued any relevant guidance

on the transitional period between

February 1, 1997, and February 1, 2002?

IMO has issued guidance in the form

of a circular (STCW.7/Circ.1), which is

based in part on the following two

principles. First, if a requirement is

mentioned in the 1995 Amendments to

STCW but already exists in the 1978

STCW, then holders of 1978 STCW

endorsements may continue to serve

under those endorsements until

February 1, 2002. However, holders of

such endorsements will need to meet

new requirements under the 1995

Amendments to STCW if they will be

continuing their service on or after

February 1, 2002. The Interim Rule will

take this guidance into consideration

and will identify any new requirements

U.S. license holders must meet to

acquire STCW endorsements valid

beyond February 1, 2002.

Second, in determining the

requirement for basic safety training or

instruction for seafarers already

employed before February 1, 1997,

administrations may consider the merits

of each case. This means that evidence

of competence in the skills required for

a particular seafarer to perform a safety

or pollution prevention duty may be

based on that seafarer’s previous

participation in shipboard drills and

training exercises, until more formal

training or instruction can be arranged.

The Interim Rule will also take this

guidance into consideration and will

identify any new basic safety training or

instruction requirements seafarers must

meet to comply with this rule. A copy

of the IMO circular (STCW.7/Circ.1) is

available on request from Commandant

(G–MSO) at the address given under

ADDRESSES.

What must owners and operators of

small vessels on domestic voyages do to

meet the requirements which are

scheduled to come into force on

February 1, 1997?

Small vessels that operate beyond the

boundary line but engage in domesticonly voyages will be dealt with in

accordance with the special provisions

of STCW Regulation II/3, paragraph 7, of

the 1995 Amendments to STCW, which

allows administrations to forgo

application of requirements that would

be unreasonable or impractical. The

interim rule will explain how these

small vessels can meet STCW

requirements.

When do 1978 STCW certificates and

endorsements need to be replaced?

The 1978 STCW certificates and

endorsements are issued for 5-year

periods that coincide with the period of

validity of the licenses or documents to

which they pertain. After February 1,

1997, the Coast Guard will continue to

issue 1978 STCW certificates and

endorsements; but they will expire on a
Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Proposed Rules 5199

date not later than January 31, 2002. The

Coast Guard will issue STCW

certificates and endorsements for

service beyond January 31, 2002, only to

those who meet certain new

requirements under the 1995

Amendments to STCW. The interim rule

will be published in the near future and

will identify those requirements, which

must be met to attain a certificate or

endorsement for service beyond

February 1, 2002.

Dated: January 30, 1997.

R.D. Herr,

Vice Admiral, U.S. Coast Guard, Acting

Commandant.

[FR Doc. 97–2796 Filed 1–31–97; 10:53 am]

BILLING CODE 4910–14–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC99

Endangered and Threatened Wildlife

and Plants; Notice of 30-Day Extension

and Reopening of Public Comment

Period on the Proposed Rule To List 10

Plants From the Foothills of the Sierra

Nevada Mountains as Threatened or

Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of extension and

reopening of comment period on

proposed rule.

SUMMARY: The Fish and Wildlife Service

(Service), pursuant to the Endangered

Species Act of 1973, as amended (Act),

provides notice of reopening of the

comment period on the proposed

endangered status for Brodiaea pallida

(Chinese Camp brodiaea), Calyptridium

puchellum (Mariposa pussypaws),

Lupinus citrinus var. deflexus (Mariposa

lupine) and Mimulus shevockii (Kelso

Creek monkeyflower) and proposed

threatened status for Allium

tuolumnense (Rawhide Hill onion),

Carpenteria californica (carpenteria),

Clarkia springvillensis (Springville

clarkia), Fritillaria striata (striped adobe

lily), Navarretia setiloba (Piute

Mountains navarretia), and Verbena

californica (California vervain). The

comment period is reopened to acquire

new and updated information from

interested parties on these 10 plants.

DATES: The public comment period

closes March 6, 1997. Any comments

received by the closing date will be

considered in the final decision on this

proposal.

ADDRESSES: Written comments and

materials concerning this proposal

should be sent to the Field Supervisor,

Sacramento Field Office, 3310 El

Camino Avenue, Suite 130, Sacramento,

California 95821–6340. Comments and

materials received will be available for

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Ken

Fuller of the Sacramento Field Office

(see ADDRESSES section) at (916) 979–

2120.

SUPPLEMENTARY INFORMATION:

Background

On October 4, 1994, the Service

published a rule proposing endangered

status for Brodiaea pallida,

Calyptridium puchellum, Lupinus

citrinus var. deflexus and Mimulus

shevockii and proposed threatened

status for Allium tuolumnense,

Carpenteria californica, Clarkia

springvillensis, Fritillaria striata,

Navarretia setiloba, and Verbena

californica. The original comment

period closed on December 5, 1994. On

December 29, 1994, the comment period

was reopened and extended until

February 13, 1995 (59 FR 67268) to

accommodate the public hearing that

was requested. Due to requests for

additional time, the comment period

was extended until June 4, 1995 (60 FR

8342).

These 10 plants and their habitats are

known from annual grasslands,

chaparral, Joshua tree, pinyon-juniper,

blue oak, and digger pine woodland

communities in the foothills of the

Sierra Nevada Mountains in central

California. These plants are threatened

by one or more of the following:

agricultural land conversion,

urbanization, logging, highway

construction and road maintenance

activities, inappropriate grazing, offhighway vehicle use, mining, insect

predation, inadequate regulatory

mechanisms, stochastic extinction from

random natural events, and

incompatible fire management

activities.

The Service was unable to make a

final listing determination on these

species because a moratorium on listing

actions (Public Law 104–6), which took

effect on April 10, 1995, stipulated that

no funds could be used to make final

listing determinations or critical habitat

determinations. With the lifting, on

April 26, 1996, of the moratorium on

final listing actions and the restoration

of significant funding for listing through

passage of the omnibus budget

reconciliation law on, the Service is

proceeding with a final determination

for these species. Due to the length of

time that has elapsed since the close of

the last comment period, the comment

period is being reopened. Changes in

procedural and biological

circumstances, and the need to consider

the best scientific information available

in this rulemaking process necessitate

this action. The Service believes that

updated threat information may be

available that may significantly affect

final listing determinations. For these

reasons, the Service seeks information

made available in the last 2 years

concerning:

(1) Biological, commercial, or other

relevant data on any threats (or lack

thereof) to any of these 10 species, but

particularly for Calyptridium

puchellum, Fritillaria striata, Lupinus

citinus var. deflexus, and Navarretia

setiloba;

(2) Additional information on the

size, number or distribution of

populations; and

(3) Specific information concerning

the known or potential effects of fire

suppression and general fire

management practices on Carpenteria

californica.

Written comments may be submitted

through March 6, 1997 to the Service

office in the ADDRESSES section.

Author

The primary author of this notice is

Ken Fuller (see ADDRESSES section).

Authority

The authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

Dated: January 28, 1997.

Thomas J. Dwyer,

Acting Regional Director.

[FR Doc. 97–2679 Filed 2–3–97; 8:45 am]

BILLING CODE 4310–55–P