Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20069

California Association of Family

Farmers, California Action Network,

League of Rural Voters Inc., and County

of Trinity, California; the Bureau of

Reclamation (Reclamation) has prepared

new acreage limitation and water

conservation rules and regulations for

implementing the Reclamation Reform

Act of 1982, as amended, throughout the

17 Western United States. The proposed

rules were published in the Federal

Register on April 3, 1995 (60 FR 16922,

Apr. 3, 1995), and are open to a 60-day

review and comment period which will

close on June 2, 1995.

Public hearings will be held to receive

comments from interested organizations

and individuals on the proposed rules.

During the week prior to the scheduled

hearings there will be several public

forums at various locations throughout

the Western States to provide an

opportunity for the public to receive

information and clarification concerning

the proposed changes to the rules and

regulations. Information regarding these

forums will be provided to affected

parties by mail.

DATES: Public hearings on the proposed

rules are scheduled as follows:

1. May 8, 1995, at 7:00 p.m. Yakima,

Washington; Billings, Montana

2. May 9, 1995, at 7:00 p.m., Boise,

Idaho; Lakewood, Colorado

3. May 10, 1995, at 7:00 p.m.,

Sacramento, California; Phoenix,

Arizona

4. May 11, 1995, at 7:00 p.m., Salt Lake

City, Utah; Fresno, California

ADDRESSES: The hearings will be held at

the following locations:

1. Yakima—Red Lion Inn (Yakima

Valley), 1507 North First Street,

Yakima, Washington

Billings—Sheraton Hotel, 27 North 27th

Street, Billings, Montana

2. Boise—Red Lion Inn Riverside, 2900

Chinden Blvd., Boise, Idaho

Lakewood—Sheraton Denver West

Hotel, 360 Union Blvd, Lakewood,

Colorado

3. Sacramento—Red Lion Hotel, 2001

Point West Way, Sacramento,

California

Phoenix—Hilton Point at South

Mountain, 7777 South Point Parkway,

Phoenix, Arizona

4. Salt Lake City—Hilton Hotel, 150

West 500 South, Salt Lake City, utah

Fresno—Holiday Inn (Airport), 5090

East Clinton, Fresno, California

Written comments for inclusion in the

official record should be received at the

Bureau of Reclamation by June 2, 1995.

Comments should be addressed to: Mr

Ronald J. Schuster (D–5010), Westwide

Settlement Manager, Bureau of

Reclamation, Denver Office, PO Box

25007, Denver CO 80225.

A dedicated toll-free telephone line

has been established at 1–800–861–5443

through June 2, 1995 to accommodate

oral comments from those not attending

a public hearing. Comments will be

recorded on tape and transcribed by a

court reporter, and will be part of the

official record. Statements are limited to

10 minutes and must include the

commentor’s name in order to be

included in the official record. Address

and affiliation are optional.

FOR FURTHER INFORMATION CONTACT:

Ronald J. Schuster, (303) 236–9336, ext.

237.

SUPPLEMENTARY INFORMATION: An

identical notice is published in this

Federal Register regarding public

hearings on the environmental impacts

of the proposed rules and regulations for

implementing the Reclamation Reform

Act of 1982.

Ground rules for the hearings are

presented below:

—While each hearing is in session, all

comments will be recorded by a court

reporter.

—Speakers should identify themselves

and any organization that they

represent.

—Statements will be limited to 10

minutes, and speakers will not be

allowed to trade time to obtain longer

presentations. The hearing officer may

allow any speaker additional time

after all scheduled speakers have been

heard. The hearing officer may also

shorten the 10 minute limit if the

number of speakers is too large to fit

within a reasonable time frame.

—No one will be recognized to speak

other than those parties who are

presenting statements.

—To ensure a complete and accurate

record, it will be necessary that only

one person speak at a time.

—Persons presenting views will not be

sworn in or otherwise placed under

oath.

—There will be no examination or

interrogation of speakers.

—There will be no response by the

hearing officer or other Bureau of

Reclamation staff on speaker

comments.

—Due to the shortness of available time,

speakers are encouraged to summarize

their comments as much as possible

and give the court reporter a copy of

their full statement which will be

added to the official record.

—Speakers will be scheduled according

to the order in which they sign up.

Any speaker not present when called

will lose his or her turn in the

scheduled order, but will be given an

opportunity to speak at the end of the

scheduled presentations.

—After the scheduled speakers have

been heard, each individual who

wishes to speak will be afforded that

opportunity.

—People are asked to refrain from

clapping or other actions that might

interfere with the speakers or hearing.

Dated: April 18, 1995.

Wayne O. Deason,

Assistant Director, Program Analysis Office.

[FR Doc. 95–10011 Filed 4–21–95; 8:45 am]

BILLING CODE 4310–94–P–M

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 383

[Docket No. R–156]

RIN 2133–AB16

Determination of Fair and Reasonable

Guideline Rates for the Carriage of

Less-Than-Shipload Lots of Bulk and

Packaged Preference Cargoes on U.S.-

Flag Commercial Liner Vessels

AGENCY: Maritime Administration, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The regulations at 46 CFR

part 383 (‘‘Rule’’) specify the procedures

for the calculation of fair and reasonable

guideline rates for certain preference

cargoes carried in U.S.-flag vessels

employed in a liner service. Currently,

the rule applies only to less-thanshipload lots of dry bulk preference

cargoes on U.S.-flag vessels. The United

States Department of Agriculture

(USDA) and the Agency for

International Development (AID), the

major U.S. government shipper

agencies, have requested that the

Maritime Administration (MARAD)

provide them with guideline rates for

bagged and packaged agricultural

commodities and to clarify MARAD’s

policy for prioritization of U.S.-flag

shipping services for compliance with

the cargo preference requirements of the

Cargo Preference Act of 1954. MARAD

provides guideline rates for such

commodities on bulk vessels, under a

similar regulation for bulk vessels at 46

CFR part 382, but does not now provide

guideline rates for bagged or packaged

cargoes in less-than-shipload lots on

vessels in a liner service. This

amendment will extend the scope of the

rule to cover bagged or packaged

agricultural commodities in parcels of

5,000 tons and greater on vessels in a

liner service. Prioritization is outside

the scope of these regulations; MARAD

will address this issue separately at a

later date.
20070 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules

DATES: Comments on the proposed rule

must be received on or before June 23,

1995.

ADDRESSES: Send an original and two

copies of the comments to Secretary,

Maritime Administration, Room 7210,

400 7th St., SW., Washington DC 20590.

To expedite reviewing the comments

the agency requests, but does not

require, submission of an additional ten

(10) copies. All comments will be made

available for inspection during normal

business hours at the above address.

Commenters wishing MARAD to

acknowledge receipt of comments

should enclose a stamped self-addressed

envelope or postcard.

FOR FURTHER INFORMATION CONTACT:

Michael P. Ferris, Director, Office of

Costs and Rates, Maritime

Administration, Washington, DC 20590,

Telephone (202) 366–2324.

SUPPLEMENTARY INFORMATION: Section

901(b) of the Merchant Marine Act,

1936, as amended, cited as the Cargo

Preference Act of 1954, requires that,

with respect to certain cargoes which

could be described as ‘‘governmentimpelled,’’ such as food donation

programs administered by the State

Department or the Department of

Agriculture, the cognizant government

agency or agencies must take

appropriate steps to assure that at least

50 percent of the gross tonnage of such

cargoes transported on ocean vessels

will be ‘‘transported on privately owned

United States-flag commercial vessels,

to the extent such vessels are available

at fair and reasonable rates for United

States-flag commercial vessels’’ (46

App. U.S.C. 1241(b)). Section 901b of

the Act, cited as the Food Security Act

of 1985, increased the 50 percent

carriage requirement to 75 percent for

agricultural commodities or products

shipped under certain food donation

programs (46 App U.S.C. 1241f). The

rule (46 CFR part 383) was promulgated

to govern the determination of ‘‘fair and

reasonable rates’’ (also referred to as

guideline rates) for the carriage of dry

bulk preference cargoes, in less-thanshipload lots, on U.S.-flag vessels

employed in a liner service. It was

originally issued on and became

effective November 9, 1987. It was

subsequently modified, effective

January 2, 1992 (57 FR 21036).

Liner operators provide important

services to the public as well as

shippers of packaged agricultural

commodities, for example,

consolidations of cargo, intermodal

movements and scheduled services.

These services are frequently needed

and sought by shippers of government

impelled cargo. USDA’s Commodity

Credit Corporation (CCC) through a

system of monthly invitations for the

purchase of agricultural products and

transportation services is the major

government contractor of agricultural

liner cargo. U.S.-flag liner operators

offer transportation bids for the carriage

of certain liner cargoes, and the cargo is

allocated as to load and discharge

ranges based on product prices and

these bids. The CCC may then seek

lower bids from U.S. liner and bulk

operators for the 75% allocation or book

the cargo at the rates originally bid.

In general, liner services have

complex cost and operating structures

which frequently make the

determination of guideline rates

difficult and impractical. When the Rule

was originally proposed in 1986, liner

operators carrying most agricultural

preference cargoes operated in this more

structured environment carrying a wide

variety of cargoes to and from numerous

domestic and foreign ports. It was also

believed, since packaged liner

preference cargoes were generally

transported under conference freight

tariffs filed with the Federal Maritime

Commission, that the rates charged were

subject to sufficient competition to

assure reasonableness. Additionally, the

numerous types of parcels in a wide

variety of sizes, many below 1,000

metric tons, shipped to various

locations would pose substantial

administrative and technical problems if

guideline rates calculations were to be

attempted.

However, MARAD now believes that

a significant portion of the bagged and

packaged agricultural preference cargoes

are carried on voyages in large parcel

lots, frequently a consolidation of

several small parcels. In these instances,

where large parcel lots are being carried,

the liner voyage often takes on enough

of the pricing characteristics of a bulk

voyage that it should be treated on an

equal basis with bulk voyages. Also,

many of the administrative and

technical restraints are eliminated or

minimized when guideline rates are

only determined for large parcels. As

such, it is appropriate and feasible that

MARAD furnish a shipper agency with

a guideline rate for large parcels when

it is requested.

MARAD also recognizes that certain

sizes or amounts of cargo are well suited

for carriage by a vessel in a common

carrier liner service, while larger

amounts are better suited for carriage

outside the liner service system. This

recognition, which was expounded in

the Administration’s proposed maritime

reform legislation, has resulted in the

decision to calculate a fair and

reasonable guideline rate when a vessel

carries a 5,000 ton parcel of preference

cargo. Parcels smaller than 5,000 tons

pose administrative and technical

restraints that prevent calculation of

rates that can be reliably termed fair and

reasonable, so these parcels will

continue to be subject only to the

common carrier rate process.

Since U.S. shipper agencies may

consolidate two or more distinct cargoes

from the same port or region to the same

discharge port or region, and those

cargoes may individually be less than

5,000 metric tons, but collectively

exceed 5,000 metric tons, a clear

definition of the term ‘‘parcel’’ is

required. To determine the most

functional definition, MARAD

evaluated over 2,000 bills of lading,

pertaining to over 1.0 million metric

tons of agricultural liner parcels

shipped by U.S. shipper agencies during

the period October 1, 1992 to September

30, 1993. The data showed that various

agricultural preference cargoes destined

for the same country were frequently

carried on the same voyage.

In analyzing this sample, MARAD

consolidated preference cargoes into

parcel lots under three different

definitions for a parcel, all of which

were at least 5,000 metric tons. The first,

equal to approximately one-third of the

sample, was preference cargo in parcel

lots shipped on voyages from a single

U.S. port to a single foreign port. The

second definition used an expanded

load range which included all the ports

within a U.S. load port range (i.e., U.S.

Gulf) to a single foreign port. This

expansion increased the amount of

sample tonnage covered to about 45

percent of the sample cargo. The third

definition used a further expansion to

include a discharge range of all ports of

the recipient country. This third

definition of parcel covered over twothirds of the cargo analyzed.

As part of the analysis, MARAD

reviewed the three options for

complexity of determining guideline

rates and for their conformity with

MARAD’s policy goals of providing

guideline rates that are reasonable for

the shipper agencies and fair to an

efficient U.S.-flag operator. The first

option, parcels over 5,000 metric tons

shipped from a single load to a single

discharge port, would involve the

simplest ratemaking but would have the

least impact on the number of

shipments subject to fair and reasonable

guideline rate calculations. The third

option, parcels over 5,000 metric tons

shipped from a single U.S port range to

a port or ports within a single discharge

country, would have the greatest level of

cargo coverage but results in a slightly

more complicated ratemaking process.
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20071

The second option falls between the

other options in both considerations.

MARAD believes that it would be

feasible within the current regulations

to determine fair and reasonable

guideline rates under any of the three

options. Since the third option provides

guideline rate coverage to the largest

amount of cargo and is most consistent

with MARAD policy goals stated above,

this definition for parcel is being

proposed.

As a result of this analysis, for

purposes of this rulemaking a parcel

will be defined as any group of cargoes

subject to cargo preference laws offered

by a U.S. shipper agency, host country

and/or Private Voluntary Organization

(PVO), individually or in combination,

loaded in a port or ports within a single

U.S. coastal port range (U.S. Gulf coast,

U.S. East coast, U.S. West coast, U.S.

Great Lakes, Alaska and Hawaii) and

discharged at a port or ports of a single

foreign country or destined for a single

foreign country.

Accordingly, this rulemaking

proposes to change the scope of the Rule

to include bagged and packaged

preference parcels of 5,000 metric tons

and greater which are offered for

carriage to U.S.-flag operators. In

addition, certain conforming changes

will be necessary to parts of the existing

regulation to administratively facilitate

the proposed amendment.

Rulemaking Analysis and Notices

Executive Order 12866 (Regulatory

Planning and Review)

This regulation has been reviewed

under Executive Order 12866 and

Department of Transportation

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). It is not

considered to be an economically

significant regulatory action under

section 3(f) of E.O. 12866, since it has

been determined that it will not result

in an annual effect on the economy of

$100 million or more or adversely affect

in a material way the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities.

While this rulemaking does not

involve any change in important

Departmental policies, it is considered

significant because it addresses a matter

of considerable importance to the

maritime industry and may be expected

to generate significant public interest.

MARAD has estimated the potential

economic impact of this rulemaking

based on a sample of approximately

2,000 individual liner parcels totalling

over 1.0 million metric tons booked

during the period October 1, 1992 to

September 30, 1993. Based on this data,

MARAD estimates that guideline rates

for approximately 700,000 metric tons

could have been calculated and

proffered to the responsible shipper

agency. If guideline rates were

calculated using this rulemaking and

the actual fixture reduced to guideline

rate, when appropriate, freight charges

paid by the government would have

declined resulting in a reduction in

shipper revenue and government

expenditures of approximately 2 to 4

percent. During this period, estimated

freight charges paid by government

agencies for agricultural liner cargoes

were about $200 million. Under market

conditions characterizing the study

period, total savings are estimated to be

$4 to 8 million annually. Because the

economic impact should be minimal

relative to the total freight costs for

agricultural preference cargoes, further

regulatory evaluation is not necessary.

Federalism

The Maritime Administration has

analyzed this rulemaking in accordance

with the principles and criteria

contained in Executive Order 12612 and

has determined that these regulations do

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Regulatory Flexibility Act

The Maritime Administration certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities.

Environmental Assessment

This regulation does not significantly

affect the environment. An

Environmental Impact Statement is not

required under the National

Environmental Policy Act of 1969.

Paperwork Reduction Act

This proposed regulation does not

significantly change the current

requirement for the collection of

information. The Office of Management

and Budget (OMB) has reviewed the

current regulation under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.),

and has approved it under OMB

Approval Number 2133–0515.

List of Subjects in 46 CFR Part 383

Agricultural commodities, Cargo

vessels, Government procurement,

Grant programs—foreign relations, Loan

programs—foreign relations, Water

transportation.

MARAD hereby proposes to amend 46

CFR part 383, as follows:

1. The authority citation for part 383

would continue to read as follows:

Authority: 46 App U.S.C. 1114(b), 1241(b),

49 CFR 1.66.

2. The heading is proposed to be

revised to read as follows:

PART 383—DETERMINATION OF FAIR

AND REASONABLE RATES FOR THE

CARRIAGE OF LESS-THAN-SHIPLOAD

LOTS OF BULK AND PACKAGED

PREFERENCE CARGOES ON U.S.-

FLAG COMMERCIAL LINER VESSELS

3. Section 383.1 is proposed to be

revised to read as follows:

§ 383.1 Scope.

Part 383 prescribes regulations

applying to the waterborne

transportation of bulk and packaged

preference cargoes in less than full

shiploads on U.S.-flag commercial liner

vessels. Full shiploads of preference

cargo and preference cargoes carried by

vessels not operated in the liner trades

are covered under 46 CFR Part 382.

These regulations contain the method

that the Maritime Administration

(MARAD) shall use in calculating fair

and reasonable rates, and the type of

information that shall be submitted by

liner operators interested in carrying

such preference cargoes. For the

purpose of these regulations the term

less-than full shipload shall include: All

cargoes in bulk; or, bagged and/or

packaged parcels greater than or equal

to 5,000 metric tons and up to the full

deadweight capacity of the specific

vessel. A U.S.-flag commercial liner

vessel is any vessel used by the operator

which has previously carried cargo

(except newly purchased or constructed

vessels) in the liner trades and will

carry the subject preference cargo in a

liner trade previously established by the

operator. For these purposes, liner

trades is defined as service provided on

an advertised schedule, giving relatively

frequent sailing between specific U.S.

ports or ranges and designated foreign

ports or ranges; parcel is defined as any

group of cargoes subject to cargo

preference laws offered by a U.S.

shipper agency, host country or Private

Voluntary Organization (PVO),

singularly or in combination, loaded in

a port or ports within a single U.S.

coastal port range and discharged at a

port or ports of a single foreign country

or destined for a single foreign country.

§ 383.2 [Amended]

4. Section 383.2 Data Submission is

proposed to be amended in paragraph

(a) General, in the first sentence, by

removing the term ‘‘dry bulk’’.
20072 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules

5. Section 383.3 is proposed to be

amended by revising paragraph (g) to

read as follows:

§ 383.3 Determination of fair and

reasonable rates.

* * * * *

(g) Total rate. The operating cost

component, capital cost component,

fuel cost component and port and cargo

handling cost component shall be added

together to yield a total cost element.

This total shall be multiplied by 13.5

percent to yield an allowance for

broker’s commissions, and general and

administrative expenses. This allowance

shall be added to the total cost element

and divided by the cargo tonnage to

yield the guideline rate, generally

expressed as a cost per ton, except in

those circumstances where a cost per

ton rate is not appropriate; for example,

where two or more cargoes are carried

on the same voyage at differing rates per

ton. In the event a cost per ton rate is

inappropriate, the rate shall be

expressed in terms appropriate to the

circumstance.

By order of the Maritime Administrator.

Joel C. Richard,

Secretary.

[FR Doc. 95–10016 Filed 4–21–95; 8:45 am]

BILLING CODE 4910–81–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC63

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on Proposed Endangered

Status for Five Freshwater Mussels

and Proposed Threatened Status for

Two Freshwater Mussels From Eastern

Gulf Slope Drainages of Alabama,

Florida, and Georgia

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Fish and Wildlife Service

(Service) provides notice that the

comment period is reopened on a

proposal to list the fat three-ridge,

shiny-rayed pocketbook, Gulf

moccasinshell, Ochlockonee

moccasinshell, and oval pigtoe as

endangered, and the Chipola slabshell

and purple bankclimber as threatened,

pursuant to the Endangered Species Act

of 1973 (Act), as amended. The Service

is reopening the comment period on this

proposal to allow members of the public

to submit comments.

DATES: The comment period on this

proposal is reopened until May 5, 1995.

ADDRESSES: Written comments and

materials concerning the proposal

should be sent to the Field Supervisor,

U.S. Fish and Wildlife Service, 6620

Southpoint Drive South, Suite 310,

Jacksonville, Florida 32216. Comments

and materials received will be available

for public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

Robert S. Butler at the above address

(telephone: 904/232–2580, fax 904/232–

2404).

SUPPLEMENTARY INFORMATION:

Background

On August 3, 1994, the Service

published a proposal (59 FR 39524) to

add seven freshwater mussels (fat threeridge, shiny-rayed pocketbook, Gulf

moccasinshell, Ochlockonee

moccasinshell, oval pigtoe, Chipola

slabshell, and purple bankclimber) to

the list of endangered and threatened

animals. These seven species are

endemic to the Apalachicolan Region of

the eastern Gulf Slope, defined as the

rivers from the Escambia River in the

west to the Suwannee River in the east.

These drainages comprise southeast

Alabama, southwest Georgia, and north

Florida.

Section 4(b)(5)(E) of the Act requires

that a public hearing be held if

requested within 45 days of the

publication of a proposed rule. By

September 19, 1994, the Service had

received 12 public hearing requests on

the proposal to list these seven mussels.

The Service conducted five public

informational meetings and five public

hearings in January 1995. A notice of

the public informational meetings,

public hearings, and reopening of the

comment period until February 10,

1995, was published in the Federal

Register on December 12, 1994 (59 FR

63987).

The Service hereby announces the

reopening of the comment period until

May 5, 1995. This extension will allow

the Service to accept comments received

after the close of the previous comment

period and the interested public to

further comment upon these proposals.

Author: The primary author of this notice

is Robert S. Butler, Jacksonville Field Office,

U.S. Fish and Wildlife Service, 6620

Southpoint Drive South, Suite 310,

Jacksonville, Florida 32216 (904/232–2580 or

fax 904/232–2404).

Authority

The authority for this action is the

Endangered Species Act (16 U.S.C. 1531

et seq.)

Dated: April 17, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95–10066 Filed 4–21–95; 8:45 am]

BILLING CODE 4310–55–M