Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14385

1See Notice of Establishment of Railroad-Shipper

Transportation Advisory Council and Request for

Recommendation of Candidates for Membership,

STB Ex Parte No. 526 (STB served and published

Jan. 29, 1996) (61 FR 2866).

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002 and 1108

[STB Ex Parte No. 560]

Arbitration of Certain Disputes Subject

to the Statutory Jurisdiction of the

Surface Transportation Board

AGENCY: Surface Transportation Board

(Board).

ACTION: Notice of proposed rulemaking.

SUMMARY: In this proceeding, the Board

is seeking public comments on

proposed rules recommended by the

Railroad-Shipper Transportation

Advisory Council (RSTAC) that would

provide a means for the binding,

voluntary arbitration of certain disputes

subject to the statutory jurisdiction of

the Board.

DATES: Written comments on the

proposed rules must be filed with the

Board no later than April 25, 1997.

ADDRESSES: An original and 10 copies of

all documents must refer to STB Ex

Parte No. 560 and must be sent to the

Office of the Secretary, Case Control

Unit, ATTN: STB Ex Parte No. 560,

Surface Transportation Board, 1925 K

Street, NW., Washington, DC 20423–

0001, and serve a copy on each member

of the Railroad-Shipper Transportation

Advisory Council, as follows:

Mr. Randy G. Craver, Manager of

Transportation, Coastal Coal Sales,

Inc., P.O. Box 1871, Roanoke, VA

24008

Mr. Jarvis Haugeberg, General Manager,

BTR Farmers Co–Op, P.O. Box 158,

Churches Ferry, ND 58325

Mr. Jim Johnson, Traffic Manager,

Empire Wholesale Lumber Co., P.O.

Box 249, 162 Gault Street, Akron, OH

44309

Mr. Kevin D. Kaufman, Vice President,

Louis Dreyfus Corporation, 10 West

Port Road, Wilton, CT 06897–0810

Mr. Ronald A. Lane, Vice President and

General Counsel, Illinois Central

Corporation, 455 N. Cityfront Plaza,

Chicago, IL 60611

Mr. Anthony Lomangino, President,

Waste Management of New York, 123

Varic Avenue, Brooklyn, NY 11237

Ms. Kimberly Madigan, Director, Emons

Transportation Group, 122 C Street,

NW., Suite 850, Washington, DC

20001

Mr. John H. Marino, President and COO,

RailAmerica, Inc., 1800 Diagonal

Road, Suite 150, Alexandria, VA

22314

Mr. James W. McClellan, Vice PresidentStrategic Planning, Norfolk Southern

Corporation, 3 Commercial Avenue,

Norfolk, VA 23510

Mr. J.C. ‘‘Pete’’ McIntyre, President and

CEO, Dakota, Minnesota & Eastern

Railroad Corporation, P.O. Box 178,

Brookings Rd., SD 57066

Mr. Fred Simpson, Executive Vice

President, Montana Rail Link, Inc.,

101 International Way, P.O. Box 8779,

Missoula, MT 59807

Mr. Gregory T. Swienton, Senior Vice

President, Coal and Agriculture

Commodities Business Unit,

Burlington Northern Santa Fe

Corporation, Fort Worth, TX 76161–

0051

Mr. Edwin E. Vigneaux, Manager, Rail

Transportation, Reagent Chemical &

Research, Inc., 1300 Post Oak Blvd.,

Suite 680, Houston, TX 77056

Ms. Sheryl W. Washington, Vice

President, United Parcel Service, 316

Pennsylvania Avenue, SE., Suite 300,

Washington, DC 20003

Mr. Edward Wytkind, Executive

Director of the Transportation Trades

Department, AFL–CIO (TTD), 400

North Capitol Street, NW., Suite 861,

Washington, DC 20001

FOR FURTHER INFORMATION CONTACT: Julia

M. Farr, (202) 565–1613. [TDD for the

hearing impaired: (202) 565–1695.]

SUPPLEMENTARY INFORMATION: On

February 19, 1997, the RSTAC, which

was established pursuant to section 726

of the ICC Termination Act of 1995,

Public Law 104–88, 109 Stat. 803, to

advise the Chairman of the Surface

Transportation Board, the Secretary of

Transportation, and Congressional

oversight committees with respect to

rail transportation policy issues of

particular importance to small shippers

and small railroads,1 recommended that

the Board adopt rules providing for

informal dispute resolution through

arbitration. We agree with this

recommendation and propose to adopt

formal rules along the lines of those

recommended to us by the RSTAC.

The proposed rules will provide an

alternative for parties to use binding,

voluntary arbitration to resolve certain

disputes subject to the statutory

jurisdiction of the Board. These

procedures shall not be available to

grant any license (e.g., construction,

abandonment, purchase, trackage rights,

merger, pooling) or exemption or to

prescribe for the future any conduct,

rules, or results of general, industrywide applicability. These procedures

are intended for the resolution of

specific disputes between specific

parties involving the payment of money

or involving rates or practices related to

rail transportation or service subject to

the statutory jurisdiction of the Board.

We believe that the procedure will

increase cost-savings and decrease

litigation burdens on the parties. We are

proposing these rules with the

expectation that their adoption would

enable parties to disputes that might

otherwise have to be brought to the

Board for formal resolution instead to

resolve the disputes themselves

informally with limited Board

involvement.

Request for Comments

We invite comments on all aspects of

the proposed regulations. We are

proposing nominal filing fees of $75 for

each complaint and answer filed under

the proposed arbitration procedure and

a filing fee of $150 for appeals to the

Board of arbitration decisions. The

proposed filing fee for appeals would be

the same as the fee for labor arbitration

appeals, appeals to Board decisions, and

petitions to revoke. See 49 CFR

1002.2(f)(60) and (61). We encourage

commenters to submit comments as

computer data on a 3.5-inch floppy

diskette formatted for WordPerfect 5.1,

or formatted so that it can be readily

converted into WordPerfect 5.1. Any

such diskette submission (one diskette

should be sufficient) should be in

addition to the written submission (an

original and 10 copies).

Small Entities

The Board preliminarily concludes

that these rules, if adopted, would not

have a significant economic effect on a

substantial number of small entities.

Nonetheless, the Board seeks comment

on whether there would be effects on

small entities that should be considered.

If comments provide information that

there would be significant effects on

small entities, the Board will prepare a

regulatory flexibility analysis at the final

rule stage.

Environment

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects

49 CFR Part 1002

Administrative practice and

procedure, Common carriers, Freedom

of information, User fees.

49 CFR Part 1108

Arbitration, Dispute resolution.

Decided: March 12, 1997.
14386 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board proposes to amend

part 1002 and to add a new part 1108

to title 49, chapter X, of the Code of

Federal Regulations to read as follows:

PART 1002—FEES

1. The authority citation for part 1002

continues to read as follows:

Authority: 5 U.S.C. 552(a)(4)(A) and 553;

31 U.S.C. 9701; and 49 U.S.C. 721(a).

2. Section 1002.2(f) is amended by

adding a new paragraph (87) to read as

follows:

§ 1002.2 Filing fees.

* * * * *

(f) * * *

* * * * *

Part VI * * *

(87) Arbitration of Certain Disputes

Subject to the Statutory Jurisdiction

of the Surface Transportation Board

under 49 CFR part 1108:

(i) Complaint ..................................... $75

(ii) Answer (per defendant) .............. 75

(iii) Third Party Complaint ............... 75

(iv) Third Party Answer (per defendant) ............................................. 75

(v) Appeals of Arbitration Decisions 150

* * * * *

3. A new part 1108 is added to read

as follows:

PART 1108—ARBITRATION OF

CERTAIN DISPUTES SUBJECT TO THE

STATUTORY JURISDICTION OF THE

SURFACE TRANSPORTATION BOARD

Sec.

1108.1 Definitions.

1108.2 Statement of purpose, organization,

and jurisdiction.

1108.3 Matters subject to arbitration.

1108.4 Relief.

1108.5 Fees and costs.

1108.6 Arbitrators.

1108.7 Arbitration commencement

procedures.

1108.8 Arbitration procedures.

1108.9 Decisions.

1108.10 Precedent.

1108.11 Enforcement and appeals.

1108.12 Additional matters.

Authority: 49 U.S.C. 721(a).

§ 1108.1 Definitions.

(a) Arbitrator means an arbitrator

appointed pursuant to these provisions.

(b) ICA means the Interstate

Commerce Act administered by the ICC.

(c) ICC means the Interstate

Commerce Commission.

(d) ICCTA means the ICC Termination

Act of 1995, Pub. L. No. 104–88.

(e) RSTAC means the Rail-Shipper

Transportation Advisory Council

established by the ICCTA.

(f) STB means the Surface

Transportation Board.

(g) Statutory jurisdiction means the

jurisdiction conferred on the STB by the

ICCTA, as amended from time to time,

including jurisdiction over rail

transportation or services that have been

exempted from active regulation.

§ 1108.2 Statement of purpose,

organization, and jurisdiction.

(a) These provisions are intended to

provide a means for the binding,

voluntary arbitration of certain disputes

subject to the statutory jurisdiction of

the STB, either between two or more

railroads subject to the jurisdiction of

the STB or between any such railroad

and any other person.

(b) These procedures shall not be

available to grant any license (e.g.,

construction, abandonment, purchase,

trackage rights, merger, pooling) or

exemption or to prescribe for the future

any conduct, rules, or results of general,

industry-wide applicability.

(c) These procedures are intended for

the resolution of specific disputes

between specific parties involving the

payment of money or involving rates or

practices related to rail transportation or

service subject to the statutory

jurisdiction of the STB.

(d) The alternative means of dispute

resolution provided for herein are

established pursuant to the authority of

the STB to take such actions as are

necessary and appropriate to fulfill its

jurisdictional mandate and not pursuant

to the Administrative Dispute

Resolution Act, 5 U.S.C. 571, et seq.

(e) On January 1, 1996, the STB

replaced the ICC and the ICCTA

replaced the ICA. For purposes of these

procedures, it is immaterial whether an

exemption from active regulation was

granted by the ICC or the STB.

§ 1108.3 Matters subject to arbitration.

(a) Any controversy between two or

more parties, subject to resolution by

the STB, and subject to the limitations

in § 1108.2, may be processed pursuant

to the provisions of part 1108, if all

necessary parties voluntarily subject

themselves to arbitration under these

provisions after adequate notice as

provided herein.

(b) Arbitration under these provisions

is limited to matters over which the STB

has statutory jurisdiction and may

include disputes arising in connection

with jurisdictional transportation,

including service being conducted

pursuant to an exemption. An Arbitrator

should decline to accept, or to render a

decision regarding, any dispute that

exceeds the STB’s statutory jurisdiction.

Such Arbitrator may resolve any dispute

properly before him/her in the manner

and to the extent provided herein, but

only to the extent of and within the

limits of the STB’s statutory

jurisdiction. In so resolving any such

dispute, the Arbitrator will not be

bound by any rules or regulations

adopted by the STB for the resolution of

similar disputes, except as specifically

provided in part 1108.

§ 1108.4 Relief.

(a) Subject to specification in the

complaint, as provided in § 1108.7, an

Arbitrator may grant the following types

of relief:

(1) Monetary damages, with interest at

a reasonable rate to be specified by the

Arbitrator; and

(2) Specific performance of statutory

obligations, but for a period not to

exceed 3 years from the effective date of

the Arbitrator’s award.

(b) A party may petition an Arbitrator

to modify or vacate an arbitral award in

effect that directs future specific

performance, based solely on materially

changed factual circumstances.

(1) A petition to modify or vacate an

award in effect should be filed with the

STB. The petition will be assigned to

the Arbitrator that rendered the award

unless that Arbitrator is unavailable, in

which event the matter will be assigned

to another Arbitrator.

(2) Any such award shall continue in

effect pending disposition of the request

to modify or vacate. Any such request

shall be handled as expeditiously as

practicable with due regard to providing

an opportunity for the presentation of

the parties’ views.

§ 1108.5 Fees and costs.

(a) Fees will be utilized to defray the

costs of the STB in administering this

program in accordance with 31 U.S.C.

9701. The fees for filing a complaint,

answer, third party complaint, third

party answer, and appeals of arbitration

decisions will be as set forth in 49 CFR

1002.2(f)(87). All fees are nonrefundable except as specifically

provided and are due with the paying

party’s first filing in any proceeding.

(b) Each party will bear its own

expenses, including, without limitation,

fees of experts or counsel. The fees of

the Arbitrator will be paid by the party

or parties losing an arbitration entirely.

If no party loses an arbitration entirely

(as determined by the Arbitrator), the

parties shall share equally (or pro rata

if more than two parties) the fees and

expenses, if any, of the Arbitrator. Any

fees for petitions to modify or vacate an
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14387

arbitration award, as provided in

§ 1108.4(b), may be established by the

STB and will be assessed against the

party filing such petition at the time it

is filed.

§ 1108.6 Arbitrators.

(a) Arbitration shall be conducted by

a single arbitrator who shall be selected,

as provided herein, from a roster of

active or retired federal administrative

law judges or other senior officials

experienced in rail transportation or

economic issues similar to those capable

of arising before the STB. The roster of

Arbitrators shall be established by the

RSTAC in consultation with the

Chairman of the STB and shall contain

not fewer than 12 names. The RSTAC

shall update the list of Arbitrators

annually. In the event that the RSTAC

fails to maintain the roster of

Arbitrators, the STB shall do so.

(b) The Arbitrator shall be selected by

the Chairman of the STB from the roster

established under paragraph (a) of this

section on a random basis, so far as is

practicable.

(c) The process of selecting an

Arbitrator pursuant to this paragraph (c)

shall be conducted confidentially

following the completion of the

Arbitration Commencement Procedures

set forth in § 1108.7. Each time the

Chairman of the STB is called upon to

select an Arbitrator, the nomination

promptly shall be transmitted in writing

to the parties. Upon receipt of such

name, the parties shall have 7 calendar

days to notify the Chairman of the STB

whether the Arbitrator so nominated is

acceptable to that party. If any party

finds an Arbitrator to be unacceptable

for the arbitration at hand, the Chairman

of the STB shall repeat the nomination

process. No party may find more than

one Arbitrator to be unacceptable in any

arbitration, except upon a showing that

an Arbitrator nominee is likely to have

views highly prejudicial to a party. The

name of the Arbitrator finally agreed

upon by the Chairman of the STB and

the parties shall not be made public

until this selection process is complete.

Neither a party nor the Chairman of the

STB shall identify publicly any party

that has found an Arbitrator to be

unacceptable.

(d) If, at any time during the

arbitration process, a selected Arbitrator

becomes incapacitated or unable to

fulfill his/her duties, a replacement

Arbitrator will be promptly selected

under the process set forth in

paragraphs (b) and (c) of this section.

(e) If all parties to a dispute agree

among themselves on the selection of an

Arbitrator from the roster, the parties

shall submit in writing to the Chairman

of the STB the name of the Arbitrator

agreed to.

§ 1108.7 Arbitration commencement

procedures.

(a) Each demand for arbitration shall

be commenced with a written

complaint. Because arbitration under

these procedures is both voluntary and

binding, the complaint must set forth in

detail the nature of the dispute, the

statutory basis of STB jurisdiction, a

clear, separate statement of each issue as

to which arbitration is sought, and the

specific relief sought. Each complaint

shall contain a sworn, notarized

verification, by a responsible official of

the complaining party, that the factual

allegations contained in the complaint

are true and accurate. Each complaint

must contain a statement that the

complainant is willing to arbitrate

pursuant to these arbitration rules and

be bound by the result thereof in

accordance with those rules, and must

contain a demand that the defendants

likewise agree to arbitrate and be so

bound.

(b) The complaining party shall serve,

by overnight mail or hand delivery, a

signed and dated original of the

complaint on each defendant (through

its legal representatives, if known, or on

a responsible official at his or her usual

place of business) and on the STB,

accompanied by the filing fee prescribed

under § 1108.5(a) and set forth in 49

CFR 1002.2(f)(87). Each complaint

served on a defendant shall be

accompanied by a copy of part 1108.

(c) Any defendant willing to enter

into arbitration under these rules must,

within 30 days of the date of a

complaint, answer the complaint in

writing. The answer must contain a

statement that the defendant is willing

to arbitrate each arbitration issue set

forth in the complaint or specify which

such issues the defendant is willing to

arbitrate. If the answer contains an

agreement to arbitrate some but not all

of the arbitration issues in the

complaint, the complainant will have 10

days from the date of the answer to

advise the defendant and the STB in

writing whether the complainant is

willing to arbitrate on that basis. Upon

the agreement of the parties to arbitrate,

these rules will be deemed incorporated

by reference into the arbitration

agreement.

(d) The answer of a party willing to

arbitrate shall also contain that party’s

specific admissions or denials of each

factual allegation contained in the

complaint, affirmative defenses, and any

counterclaims or set-offs which the

defendant wishes to assert against the

complainant. The right of a defendant to

advance any counterclaims or set-offs,

and the capacity of an Arbitrator to

entertain and render an award with

respect thereto, is subject to the same

jurisdictional limits as govern the

complaint.

(e) A defendant’s answer must be

served on the complainant, other

parties, and the STB in the same manner

as the complaint.

(f) A defendant willing to enter into

arbitration under these procedures only

if it is able to obtain cross-relief against

another defendant or a non-party may

serve an answer containing an

agreement to arbitrate that is

conditioned upon the willingness of any

such third party to enter into arbitration

as a third party defendant.

Simultaneously with the service of any

such conditional answer, the defendant

making such answer shall serve a

complaint and demand for arbitration

on the party whose presence that

defendant deems to be essential, such

complaint and demand to be drawn and

served in the same manner as provided

in paragraphs (a) and (b) of this section.

A defendant receiving such a complaint

and demand for arbitration and that is

willing to so arbitrate shall respond in

the same manner as provided in

paragraphs (c), (d), and (e) of this

section.

(g) Upon receipt of a complaint and

demand for arbitration served by a

complainant on a defendant, or by a

defendant on a third-party defendant,

the STB promptly will notify the parties

serving and receiving such documents

of any deficiencies, jurisdictional or

otherwise, which the STB deems fatal to

the processing of the complaint and will

suspend the timetable for processing the

arbitration until further notice. If the

complainant is unwilling or unable to

remedy such deficiencies to the

satisfaction of the STB within such time

as the STB may specify, the complaint

shall be deemed to be withdrawn

without prejudice and one-half of the

complaint filing fee shall be refunded to

the complainant. Upon satisfaction that

two or more parties have

unconditionally agreed to arbitrate

under these procedures, the STB will so

notify the parties and commence

procedures for the selection of an

Arbitrator.

(h) An agreement to arbitrate pursuant

to these rules will be deemed a contract

to arbitrate, subject to limited review by

the STB pursuant to § 1108.11(c), for the

purpose of subjecting the arbitration

award to the provisions of 9 U.S.C. 9,

allowing a judgment of a court to be

entered upon an arbitration award, and

9 U.S.C. 10, allowing a court to vacate
14388 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

an arbitration award on certain limited

grounds.

§ 1108.8 Arbitration procedures.

(a) The Arbitrator will establish rules,

including timetables, for each

arbitration proceeding.

(1) The evidentiary process will be

completed within 90 days from the start

date established by the Arbitrator. The

Arbitrator’s decision will be issued

within 30 days from the close of the

record.

(2) Discovery will be permitted only

with the agreement of the parties or as

directed by the Arbitrator.

(b) Evidence will be submitted under

oath. Evidence may be submitted in

writing or orally, at the direction of the

Arbitrator. Hearings for the purpose of

cross-examining witnesses will be

permitted at the sound discretion of the

Arbitrator. The Arbitrator, at his/her

discretion, may require additional

evidence.

(c) Subject to alteration by the

Arbitrator in individual proceedings, as

a general rule where evidence is

submitted in written form, the

complaining party will proceed first,

and the defendant will proceed next.

The parties will then be given an

opportunity to file simultaneous replies.

At the discretion of the Arbitrator,

argument may be submitted with each

evidentiary filing or in the form of a

brief after the submission of all

evidence. Pagination limits will be set

by each Arbitrator for all written

submissions of other than an

evidentiary nature.

(d) Any written document, such as a

common carrier rate schedule, upon

which a party relies should be

submitted as part of that party’s proof,

in whole or in relevant part. The

Arbitrator will not be bound by formal

rules of evidence, but will avoid basing

a decision entirely or largely on

unreliable proof.

(e) Where proof submitted to an

Arbitrator addresses railroad costs, such

proof should be prepared in accordance

with the standards employed by the

STB in ascertaining the costs at issue.

(f) Where the Arbitrator is advised

that any party to an arbitration

proceeding wishes to keep matters

relating to the arbitration confidential,

the Arbitrator shall take such measures

as are reasonably necessary to ensure

that such matters are treated

confidentially by the parties or their

representatives and are not disclosed by

the Arbitrator to non-authorized

persons. If the Arbitrator regards any

confidential submission as being

essential to his/her written decision,

such information may be included in

the decision, but the Arbitrator will

make every effort to omit confidential

information from his/her written

decision.

§ 1108.9 Decisions.

(a) Decisions of the Arbitrator shall be

in writing and shall contain findings of

fact and conclusions. All such Decisions

shall be served by the Arbitrator by

hand delivery or overnight mail on the

parties and the STB.

(b) By agreeing to arbitrate pursuant to

these procedures, each party agrees that

the decision and award of the Arbitrator

shall be binding and judicially

enforceable in law and equity in any

court of appropriate jurisdiction, subject

to a limited right of appeal to the STB

as provided below.

§ 1108.10 Precedent.

Arbitration decisions rendered

pursuant to these procedures shall have

no precedential value.

§ 1108.11 Enforcement and appeals.

(a) An arbitration decision rendered

pursuant to these procedures may be

appealed to the STB within 20 days of

service of such decision. Any such

appeal shall be served by hand delivery

or overnight mail on the parties and the

STB. Replies to such appeals may be

filed within 20 days of service of the

appeal. An appeal or a reply under this

paragraph shall not exceed 20 pages in

length. The filing fee for such appeal

will be as set forth in 49 CFR

1002.2(f)(87).

(b) The filing of an appeal, as allowed

in paragraph (a) of § 1108.11,

automatically will stay an arbitration

decision pending disposition of the

appeal. The STB will decide any such

appeal within 30 days of the date on

which the reply is due. Such decision

by the STB shall be served in

accordance with normal STB service

procedures.

(c) The STB will only review cases

involving issues of general

transportation importance. The STB

may vacate or amend an arbitration

award, in whole or in part, only on the

grounds that such award:

(1) Exceeds the STB’s statutory

jurisdiction; or

(2) Does not take its essence from the

ICCTA.

(d) Effective arbitration decisions

rendered pursuant to these procedures,

whether or not appealed to the STB,

may only be enforced in accordance

with 9 U.S.C. 9 and vacated by a court

in accordance with 9 U.S.C. 10.

§ 1108.12 Additional matters.

Where an arbitration demand is filed

by one or more plaintiffs against one or

more defendants, the plaintiffs as a

group and the defendants as a group

shall be entitled to exercise those rights,

with respect to the selection of

arbitrators, as are conferred on

individual arbitration parties.

[FR Doc. 97–7663 Filed 3–25–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 021097C]

New England Fishery Management

Council; Mid-Atlantic Fishery

Management Council; Reopening of

Comment Period

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearings; reopening of

comment period.

SUMMARY: The New England and MidAtlantic Fishery Management Councils

(Councils) held public hearings to

receive comments on Amendment 9 to

the Northeast Multispecies Fishery

Management Plan (FMP). The Councils

are reopening the comment period to

allow additional time for all interested

parties to submit written comments.

DATES: The comment period, which

closed on March 14, 1997, is reopened

through April 1, 1997.

ADDRESSES: Written comments or

requests for copies of the public hearing

document, draft Amendment 9

document, or the draft Supplemental

Environmental Impact Statement should

be directed to Paul J. Howard, Executive

Director, New England Fishery

Management Council, 5 Broadway,

Saugus, MA 01906; telephone 617–231–

0422, or David Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, 300 South New

Street, Suite 2115, Dover, DE 19901;

telephone 302–674–2331.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, 617–231–0422.

SUPPLEMENTARY INFORMATION: On

February 21, 1997 (62 FR 7991), NMFS

published a notification of public

hearings on Amendment 9 to the FMP

and comments were solicited through

March 14, 1997. The Councils are aware

of the public interest in the management

measures being proposed for the

monkfish fishery and want to allow