Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations 18275

TABLE FIVE

Vessel No.

Masthead

lights not

over all other

lights and obstructions.

annex I, sec.

2(f)

Forward

masthead

light not in

forward quarter of ship.

annex I, sec.

3(a)

After masthead light

less than 1⁄2

ship’s length

aft of forward

masthead

light. annex I,

sec. 3(a)

Percentage

horizontal

separation

attained

* * * * * * *

USS MAHAN ................................................................................. DDG 72 X X X 13.9

* * * * * * *

Dated: March 19, 1997.

Approved:

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty).

[FR Doc. 97–9598 Filed 4–14–97; 8:45 am]

BILLING CODE 3810–FF–P

PANAMA CANAL COMMISSION

35 CFR Parts 103 and 104

RIN 3207–AA40

Preference in the Transit Schedule/

Order of Transiting Vessels;

Passenger Steamers Given Preference

in Transiting

AGENCY: Panama Canal Commission.

ACTION: Interim rule.

SUMMARY: This document announces a

test of a revised vessel transit

reservation system. The interim rule to

be tested incorporates certain new

features, including increasing the

number of available reserved transit

slots, creation of a third booking period,

establishment of new booking fees for

transit reservations whenever the total

number of vessels awaiting transit is

excessively high, and clarification and

refinement of procedures concerning

cancellations, refunds, and penalties.

The revised vessel transit reservation

system to be tested also makes certain

passenger vessels seeking preference

over other vessels in transiting the

Panama Canal, that heretofore were

exempt, subject to this interim rule.

DATES: The test and the effective date of

the interim rule shall commence at 2:00

p.m. (1400 hours) April 21, 1997.

ADDRESSES: Written comments

concerning any aspect of the test should

be directed to John A. Mills, Secretary,

Panama Canal Commission, 1825 I

Street, NW, Suite 1050, Washington, DC

20006–5402, Telephone (202) 634–6441,

Fax (202) 634–6439, Internet E-Mail:

PanCanalWO@AOL.COM.

FOR FURTHER INFORMATION CONTACT: John

A. Mills, Secretary, Panama Canal

Commission, 1825 I Street, NW, Suite

1050, Washington, DC 20006–5402,

Telephone: (202) 634–6441, Fax (202)

634–6439, Internet E-Mail:

PanCanalWO@AOL.COM.

SUPPLEMENTARY INFORMATION: Section

1801 of the Panama Canal Act of 1979,

as amended (22 U.S.C. 3811), authorizes

the Panama Canal Commission (PCC) to

prescribe and, from time to time, amend

regulations governing the passage and

control of vessels through the Panama

Canal or any part thereof, including the

locks and approaches thereto. This

interim rule constitutes such a

regulation.

Articles II and III of the Treaty

Concerning the Permanent Neutrality

and Operation of the Panama Canal

expressly provides for payment of tolls

and other charges for transit and

ancillary services that are just,

reasonable, equitable and consistent

with international law. The booking fees

that are a component of this interim rule

are for transit and ancillary services.

This interim rule involves public

property, the Panama Canal, and,

therefore, is excluded from coverage of

the Administrative Procedures Act. 5

U.S.C. 553(a)(2). Nevertheless, in

implementing this interim rule, PCC has

elected to proceed in a manner generally

consistent with the provisions of the

Administrative Procedures Act

concerning notice of proposed rule

making.

On March 5, 1997, PCC published in

the Federal Register (Volume 62,

Number 43, Pages 9997–10000), a notice

of proposed rule with request for

comments concerning a test of this

interim rule. During the 30-day

comment period, PCC received a

number of written submissions from

interested persons.

PCC considered all data, views,

comments and suggestions submitted,

some of which remain under

consideration and will be assessed in

light of the test results.

PCC believes this interim rule is the

best mechanism for fairly testing the

various new features of the revised

vessel transit reservation system, and

will thus enable PCC at the end of the

test to make informed, objective

assessments concerning which system

features are mutually beneficial to PCC

and its customers. Depending on the test

results, PCC may modify this interim

rule in some aspects prior to

implementation of the final rule.

To insure thoroughness in testing this

interim rule, throughout the test period,

PCC solicits detailed, objective data

concerning the operational and

economic impact of this interim rule on

Canal customers.

The test of the revised Panama Canal

Vessel Transit Reservation System will

commence at 2:00 p.m. (1400 hours), on

April 21, 1997. The test will be 120 days

or longer in duration.

PCC strongly encourages all interested

persons to submit written data, views or

arguments anytime during the test

period. All will be considered by PCC.

Whenever suggested revisions to the

interim rule are indicated, revisions

based thereon will be incorporated into

the final rule to be published at the

conclusion of the test.

PCC is exempt from Executive Order

12866. The provisions of that directive,

therefore, do not apply to this interim

rule. Even if the Order was applicable,

this interim rule would not have any

significant economic impact on any

substantial number of small entities

under the Regulatory Flexibility Act of

1980.

Additionally, PCC has determined

that implementation of this interim rule

will not have an adverse effect on

competition, employment, investment,

productivity, innovation, or the ability

of the U.S.-based enterprises to compete

with foreign-based enterprises in

domestic or export markets.
18276 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations

The Secretary of PCC certifies that

these regulatory changes meet the

applicable standards contained in

sections 3(a) and 3(b)(2) of Executive

Order No. 12988 of February 7, 1996.

List of Subjects in 35 CFR Parts 103 and

104

Panama Canal, Reporting and

recordkeeping requirements, Vessels.

Chapter I of 35 CFR is amended by

removing §§ 103.8 and 103.9 and adding

a new Part 104, to read as follows:

PART 104—VESSEL TRANSIT

RESERVATION SYSTEM

Sec.

104.1 Applicability and scope.

104.2 Definitions.

104.3 Booking periods; allocation of

booking slots.

104.4 Booked transits.

104.5 Passenger vessel preference.

104.6 Booking fees.

104.7 Penalties.

104.8 Re-scheduling.

104.9 Cancellations.

104.10 Regular transits.

104.11 Temporary suspension of system.

104.12 Further implementation.

Authority: 22 U.S.C. 3811.

§ 104.1 Applicability and scope.

Subject to the limitations imposed by

Article III of the 1901 Treaty to

Facilitate the Construction of a Ship

Canal, entered into by the United States

and Great Britain, and by Articles II and

VI of the 1977 Treaty concerning the

Permanent Neutrality and Operation of

the Panama Canal, between the United

States and the Republic of Panama,

Canal authorities have implemented a

vessel transit reservation system that

allows vessels desiring transit of the

Panama Canal to reserve transit slots by

complying with the provisions of this

part.

§ 104.2 Definitions.

(a) Booked for transit means that a

vessel, in advance of arriving at the

Canal, has been assigned a specific date

by Canal authorities on which it will be

moved through the Canal and that the

vessel has otherwise complied with the

provisions of this part.

(b) Regular transit means movement

through the Canal of a vessel that has

not been booked for transit.

(c) Required arrival time means the

date and the hour of the day established

by Canal authorities as the deadline by

which a vessel booked for transit must

arrive at a terminus of the Canal in order

to transit on its reserved transit date.

§ 104.3 Booking periods; allocation of

booking slots.

(a) Vessel agents only may request

reserved transit slots for vessels during

the following booking periods:

(1) First period—365 to 22 days prior

to the requested transit date.

(2) Second period—21 days to 4 days

prior to the requested transit date.

(3) Third period—3 to 2 days prior to

the requested transit date.

(b) A total of 21 reserved transit slots

will be made available for all three

booking periods, allocation of which

among the booking periods is to be

determined by Canal authorities. Canal

authorities, from time to time, may

adjust the total number of available

reserved transit slots to ensure

continued safe and efficient operation of

the Canal.

§ 104.4 Booked transits.

(a) The specific order vessels transit

the Canal, whether booked or regular

transits, shall be determined by Canal

authorities. Except as provided in this

part, a vessel booked for transit may not

transit prior to its reserved transit date,

unless Canal authorities determine that

assigning the vessel an earlier transit

slot would not impair safe and efficient

operation of the Canal.

(b) Notwithstanding any subsequent

assignment of an earlier transit slot, a

vessel booked for transit will be charged

the prescribed booking fee.

(c) Substitution of reserved transit

slots between or among vessels booked

for transit will be permitted only on

conditions specified by Canal

authorities.

§ 104.5 Passenger vessel preference.

To the extent consistent with efficient

operation of the Canal, and subject to

being booked for transit, commercial

passenger vessels running on fixed

published schedules will be given

preference over other vessels in

transiting, as determined by Canal

authorities.

§ 104.6 Booking fees.

(a) The booking fee for reserving a

transit slot for a vessel measured in

accordance with § 135.13(a) of this

chapter, shall be $0.26 per PC/UMS Net

Ton.

(b) The booking fee for reserving a

transit slot for a vessel subject to

transitional relief measures and

measured in accordance with

§ 135.13(b) of this chapter, shall be

$0.23 per Panama Canal Gross Ton, as

specified on the last tonnage certificate

issued to the vessel by Canal authorities

between March 23, 1976 and September

30, 1994, inclusive.

(c) Notwithstanding any contrary

provision, whenever the total number of

vessels awaiting transit at both

terminuses of the Canal is projected by

Canal authorities to be, within 48-hours,

90 or more vessels, any vessel booked

for transit that transits the Canal while

this condition is in effect shall

automatically be assessed a booking fee

of $0.69 per PC/UMS Net Ton.

(d) Notwithstanding any contrary

provision, the minimum booking fee for

any vessel booked for transit shall be

$1500.

§ 104.7 Penalties.

(a) The reserved transit slot of a vessel

booked for transit will be cancelled by

Canal authorities and a penalty fee

assessed in a sum that is the greater of

the prescribed booking fee or $1,500, in

the following situations:

(1) When a vessel that is subject to

transit restrictions (e.g., clear cut, clearcut daylight) has been booked for transit

and does not arrive at a terminus of the

Canal by 0200 hours of the day of the

scheduled transit;

(2) When a vessel that is not subject

to transit restrictions has been booked

for transit and does not arrive at a

terminus of the Canal by 1400 hours of

the day of the scheduled transit; or

(3) When a vessel booked for transit

arrives on time but cannot or, at the

vessel operator’s election, does not

transit as scheduled, despite the

readiness of Canal authorities to

proceed.

(b) Canal authorities may waive

assessment of a penalty fee if the vessel

agent presents acceptable proof that late

arrival of the vessel was due to a

medical or humanitarian emergency

arising during the voyage, or a naturally

occurring, extraordinary phenomenon

or event of major proportions that could

not have been reasonably predicted in

advance.

(c) Failure of the vessel agent to

provide complete and accurate

information required by Canal

authorities when requesting transit

bookings may result in rejection of the

booking request or cancellation of the

vessel’s reserved transit slot.

(d) When a vessel’s reserved transit

slot is cancelled, and unless otherwise

directed by the vessel agent, upon

arrival, Canal authorities will reschedule the vessel for regular transit.

§ 104.8 Re-scheduling.

(a) Except as otherwise provided, a

vessel agent, without penalty, may

request cancellation of a vessel’s

reserved transit slot and rescheduling of

the vessel for regular transit or,

alternatively, may request assignment of
Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations 18277

an alternate reserved transit slot, in the

following situations:

(1) If for whatever reason Canal

authorities cancel or significantly delay

the transit of a vessel booked for transit

that is otherwise ready to proceed as

scheduled;

(2) If for whatever reason Canal

authorities delay the transit of a vessel

booked for transit to such a degree that

the delay is likely to cause the vessel to

be unable to meet its required arrival

time for a later, second reserved transit,

booked before the delay of the first

reserved transit occurred; or

(3) If a vessel is booked for transit on

the assumption that the vessel will pay

the booking fee prescribed by § 104.6(a)

or (b) but, subsequently, a change in

traffic conditions occurs triggering the

higher booking fee prescribed by

§ 104.6(c).

(b) A vessel booked for transit will be

deemed to have transited the Canal on

its reserved transit date if the vessel

arrives at the first set of locks at either

terminus of the Canal prior to 2400

hours that day and its in-transit time

(ITT) is 18 hours or less. ITT begins

when the vessel enters the first set of

locks at either Canal terminus and ends

when the vessel departs the last set of

locks at the opposite terminus. No

booking fee will be charged if ITT,

through no fault of the vessel, exceeds

18 hours.

§ 104.9 Cancellations.

(a) A vessel agent may cancel the

transit reservation of a vessel by giving

notice prescribed by Canal authorities.

In such event, and except as otherwise

provided, a cancellation fee will be

charged. The amount of the fee will

depend on the amount of notice (days

or hours) received by Canal authorities

in advance of the vessel’s required

arrival time, according to the following

schedule:

Advance notice

periods

Cancellation fee

(the greater of)

31 days or more ........ None

30 to 11 days ............ 20% of booking fee

or $500

10 to 7 days .............. 40% of booking fee

or $750

6 to 2 days ................ 60% of booking fee

or $1,000

1 day to 8 hours ........ 80% of booking fee

or $1,200

(b) Receipt of notice of cancellation of

a transit reservation by Canal authorities

after the vessel’s required arrival time

will result in levy of a cancellation fee

equal to the entire prescribed booking

fee.

§ 104.10 Regular transits.

Vessels not booked for transit will be

scheduled for movement through the

Canal on the date and in the order

determined by Canal authorities. In

establishing the daily schedule of

vessels to be moved through the Canal,

the order in which vessels arrive is only

one of several considerations. In

general, regular transits will equal or

exceed in number, one-half the total

number of daily vessel transits.

§ 104.11 Temporary suspension of system.

(a) Canal authorities may temporarily

suspend, in whole or in part, for

whatever period of time deemed

necessary, the vessel transit reservation

system established by this part,

whenever Canal authorities determine

that such action is necessary to ensure

continued safe and efficient operation of

the Canal.

(b) No penalty or fee shall be levied

against any vessel booked for transit

whose reserved transit slot is cancelled

by reason of a temporary suspension of

the system pursuant to this section.

§ 104.12 Further implementation.

(a) In order to ensure safe and

efficient operation of the system, Canal

authorities may establish additional

policies and procedures, define

additional terms and issue clarifications

and interpretations not inconsistent

with the provisions of this part, which

will be published and distributed

periodically to Canal customers through

notices to shipping or other appropriate

means.

(b) In the event any provision of this

part conflicts with any implementation

provision issued pursuant to this

section, the provisions of this part shall

govern.

Dated: April 10, 1997.

John A. Mills,

Secretary, Panama Canal Commission.

[FR Doc. 97–9631 Filed 4–14–97; 8:45 am]

BILLING CODE 3640–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[FRL–5811–1]

RIN 2060–AH16

Revision of New Source Performance

Standards for the Phosphate Fertilizer

Industry: Granular Triple

Superphosphate Storage Facilities

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: On August 6, 1975 the

Environmental Protection Agency

(Agency) promulgated new source

performance standards (NSPS) to limit

emissions of total fluoride compounds

from several affected facilities in the

phosphate fertilizers industry. Amongst

the affected facilities covered by the

NSPS were triple superphosphate plants

and granular triple superphosphate

(GTSP) storage facilities. The NSPS for

GTSP fertilizer storage facilities in 40

CFR Part 60, Subpart X were

promulgated for the purpose of limiting

total fluoride emissions resulting from

the continuation during storage of the

chemical reactions through which GTSP

is manufactured. After an initial curing

period, the GTSP fertilizers cease to

emit appreciable quantities of fluorides.

As now written, the NSPS cover all

GTSP storage facilities and there is no

provision to exempt facilities storing

only cured fertilizers.

Today’s action clarifies the coverage

of the NSPS to limit its applicability to

those facilities which store fresh GTSP.

As a result of today’s action, the NSPS

will include a work practice through

which manufacturers will hold fresh

GTSP in storage until it has cured prior

to shipment to their customers. This

limits the testing and recordkeeping

requirements of Subpart X to only those

facilities associated with the

manufacture of GTSP and, thereby,

removes any recordkeeping burden

currently imposed upon downstream

distributors and users of this product.

DATES: This rule is effective June 16,

1997 unless notice is received by May

15, 1997 that adverse or critical

comments will be submitted, or that an

opportunity to submit such comments at

a public hearing is requested. If adverse

comments are received, the effective

date will be delayed and timely notice

will be published in the Federal

Register.

ADDRESSES: Interested parties may

submit written comments (in duplicate

if possible) to Public Docket No. A–97–

4 at the following address: U.S.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center (6102), 401 M Street, SW.,

Washington, D.C. 20460. The Agency

requests that a separate copy also be

sent to the contact person listed below.

The docket is located at the above

address in Room M–1500, Waterside

Mall (ground floor), and may be

inspected from 8 a.m. to 4 p.m., Monday

through Friday. The docket is an

organized and complete file of all the

information submitted to or otherwise

considered by the Agency in the

development of this rulemaking. For