63508 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Notices

Completion of Panel Review on the 31st

day following the issuance of the Notice

of Final Panel Action, if no Request for

an Extraordinary Challenge was filed.

No such request was filed. Therefore, on

the basis of the Panel Order and Rule 80

of the Article 1904 Panel Rules, the

Panel Review was completed and the

panelists discharged from their duties

effective December 1, 1995.

Dated: December 1, 1995.

James R. Holbein,

United States Secretary, NAFTA Secretariat.

[FR Doc. 95–30094 Filed 12–8–95; 8:45 am]

BILLING CODE 3510–GT–M

National Oceanic and Atmospheric

Administration

Monitor National Marine Sanctuary

AGENCY: Sanctuaries and Reserves

Division (SRD), Office of Ocean and

Coastal Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Notice of intent to issue a

special use permit; request for

applications for special use permit;

request for comments.

SUMMARY: This is a public notice of

intent to issue, and a request for

applications for a special use permit to

conduct non-research diving at the

Monitor National Marine Sanctuary

(MNMS). Public comments are invited.

Since 1975, NOAA has protected and

preserved the wreck of the USS Monitor

as a significant historical resource by

restricting physical access except for

research expeditions. NOAA recognizes

that changes in dive technology and

experience in the dive community have

resulted in a growing public interest to

dive at this site. In 1994, NOAA issued

a special use permit, on a trial basis,

which authorized a concessionaire to

conduct non-research dives over a twoweek period. Upon evaluation of

activities conducted under the 1994

permit, NOAA has determined to issue

a three-year special use permit to a

qualified dive concessionaire, selected

competitively, for non-intrusive dives at

this site for a total of two (2) weeks (14

days) each year. Because any touching

of the Monitor or its debris field will be

prohibited, NOAA expects that no

disruption or harm will occur at the site

from dive activities. NOAA will

continue to review this activity,

evaluate impacts to the Monitor, if any,

and assess whether to issue subsequent

special use permits.

DATES: Applications must be submitted

no later than February 9, 1996. Public

comments must be received by February

9, 1996. Applicants will be notified as

to the disposition of their applications

by March 11, 1996.

ADDRESSES: All applications for a

special use permit and comments on

this notice must be sent to: John

Broadwater, Manager, Monitor National

Marine Sanctuary, NOAA/Building

1519, Fort Eustis, VA 23604. Fax: (804)

878–4619.

FOR FURTHER INFORMATION CONTACT:

John Broadwater, Manager, Monitor

National Marine Sanctuary, (804) 878–

2973, Internet:

jbroadwater@ocean.nos.noaa.gov; or

Helen Golde, Sanctuaries and Reserves

Division, (301) 713–3145, extension

152, Internet:

hgolde@ocean.nos.noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Authority

This notice and request for

applications is issued under the

authority of the National Marine

Sanctuaries Act (NMSA), as amended,

16 U.S.C. 1431 et seq.

II. Background

The USS Monitor was the first

American ironclad turretted warship

and is therefore of cultural significance

to the transition from wood to metal

vessels, as well as for its historic battle

against the CSS Virginia (Merrimack).

The Monitor was lost during a storm off

Cape Hatteras, NC, on December 31,

1862. The wreck of the Monitor was

located in 1973, 16.1 miles (29.8 km)

south-southeast of Cape Hatteras, resting

in 230 feet (70.1 m) of water. The

Monitor and the water column 1

nautical mile in diameter centered on

the vessel were designated as the first

National Marine Sanctuary in 1975, in

order to protect and preserve the

Monitor from commercial salvors and

souvenir collectors. The Monitor has

also been designated as a National

Historic Landmark.

The regulations governing the MNMS

are found at 15 CFR part 924. The

MNMS is the most strictly regulated

sanctuary regarding public access and is

the only sanctuary where any type of

diving without a sanctuary permit is

prohibited, primarily because it is also

an archaeological research site.

Alteration of the seabed risks harm of

contextual information. Thus, nonresearch access had previously not been

permitted because of the threat of harm

or unauthorized removal of Monitor

artifacts and the archaeological

information contained by the vessel and

the surrounding seabed. Private research

expeditions on the Monitor have been

permitted annually since 1989. Research

permits have allowed access to the

MNMS for research purposes while

including conditions to prevent harm to

the Monitor and associated artifacts.

NOAA recognizes that non-research

access may be conducted in a similar

fashion.

1994 Special Use Permit

NOAA issued a special use permit to

conduct non-research dives on a trial

basis during the 1994 season. Out of 15

days scheduled for diving, dives were

successfully conducted on 4 days. The

canceled dives were due to adverse

weather and current conditions.

Typically, at Hatteras, approximately

one-third of the scheduled dive days are

lost due to adverse weather and/or

currents. The divers who were

successful in diving to the Monitor

reported bottom conditions varying

from fair to excellent. Participants

generally agreed that they enjoyed the

diving experience, but that the

questionable diving conditions would

negatively affect their decision to return

for future dives. Dive procedures and

dive safety briefings were given daily by

the concessionaire. A NOAA Observer

was present on the boat during all

diving operations, but did not dive.

Although the NOAA observer did not

dive and directly observe dive activities,

based on observations of, and

conversation with and among the

divers, it appeared that a number of

divers made contact with the wreck by

diving through or under the wreck or

through accidental contact due to the

effects of nitrogen narcosis, strong

currents and excessive amounts of gear

(usually including steel tanks hanging at

the divers’ sides). Such incidental

contact, if repeated frequently enough,

would have a very adverse cumulative

effect on the Monitor. The NOAA

observer also noted that dive briefings

were not as thorough as they should

have been, primarily because they were

usually conducted hastily at the dock

before departure.

The 1994 dive trips were not widely

advertised, partially due to the short

time frame the concessionaire had to

schedule the 1994 dives. Further,

adverse weather and sea conditions

resulted in the cancellation of dive trips.

Thus, only a few divers were able to

view the wreck. However, NOAA

believes that the goal of increased

public access was at least partially met

by allowing the non-research dives

under the special use permit.
Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Notices 63509

Future Special Use Permits

As a result of the 1994 special use

permit, the concessionaire and

Sanctuary manager provided a number

of recommendations for future special

use permits to address the concerns

raised during the 1994 dives.

Consequently, based on its review of the

activities conducted under the 1994

special use permit and

recommendations from the Sanctuary

manager, NOAA determined that it is

possible to establish a viable, ongoing

special use permit procedure to allow

non-research dives on the Monitor.

NOAA believes this can be

accomplished without causing serious

adverse effects to the wreck or creating

an unmanageable administrative burden

to NOAA, the concessionaire or the

divers. NOAA will issue a three-year

special use permit to a qualified dive

concessionaire, selected competitively,

for non-intrusive dives at this site for a

total of two (2) weeks (14 days) each

year. Recommendations from the

Sanctuary manager based on the 1994

special use permit are reflected in the

conditions outlined below, and will be

further reflected in the 1996–1998

special use permit terms and conditions.

NOAA will supply the concessionaire

with informational packets to be

distributed to each participating diver.

Each packet will provide a history of the

ship, a description of the sanctuary,

illustrations of the wreck as it lies on

the seabed with unstable areas

identified, and sanctuary regulations. In

addition, prohibitions against all contact

with the wreck will be specified in more

detail, including specific prohibitions

against entering the wreck, diving

beneath the wreck and all types of

disturbance including fanning the silt in

or around the wreck with hands, fins or

other methods. Finally, by issuing a

three-year special use permit, NOAA

will reduce the administrative burden

and costs on the agency, the

concessionaire, and the divers.

Recent research, by both private

research expeditions and by NOAA, has

shown that the Monitor’s hull has

become unstable in some areas,

especially in the stern area near the

propeller. During 1995, NOAA

attempted to remove the Monitor’s skeg

and propeller in an effort to stabilize the

stern, but adverse weather prevented the

recovery. Another expedition is being

planned for 1996. Although nonresearch divers will be prohibited from

touching or otherwise contacting the

Monitor, the special use permittee shall,

in the dive safety briefings, be required

to specifically advise divers to use extra

caution if opting to dive near the stern

area of the wreck.

III. Special Use Permit

NOAA plans to issue a special use

permit pursuant to section 310 of the

NMSA, 16 U.S.C. 1441, to allow nonresearch dives to the Monitor. Activities

conducted pursuant to the special use

permit will be limited to non-intrusive,

non-destructive access, observation and

photography of the Monitor, and must

be consistent to the highest practicable

degree with the preservation and

conservation of the MNMS. Touching or

disturbing the Monitor or its associated

debris field will be prohibited.

A qualified applicant will be selected

on a competitive basis and allowed to

bring qualified divers to the Monitor

during a 2-week period (14 days)

between May and October in the threeyear period 1996–1998. The two week

period will be determined by NOAA in

consultation with the selected

permittee. Applicants are requested to

include their preferred dates for the

1996 season. In addition, should the

permittee be unable to conduct dives on

4 or more days of that 2-week period

due to weather or environmental

conditions, NOAA will attempt to

accommodate the permittee by

scheduling another 2-week period to

conduct the remainder of the dives

[Note: Due to scheduled research dives

at the Monitor, which must take

precedence, make-up dives may not be

able to be scheduled]. No more than a

total of 14 days of diving per year may

be conducted under special use permit.

The permittee will be authorized to

conduct one trip by one vessel to the

MNMS per day, during which daylightonly dive activities may be conducted.

The permittee will be fully responsible

for ensuring that all divers are

appropriately qualified and for ensuring

the safety of all divers.

At a minimum, the following

conditions will be included in the

special use permit:

1. The permittee may use only vessel

captains that meet all applicable U.S.

Coast Guard (USCG) certification and

license requirements and that are

appropriately certified and licensed;

2. The permittee shall provide

documentation verifying that all vessel

captains are (a) thoroughly familiar with

the local environmental conditions at

the sanctuary and (b) experienced in

supporting dive operations in deep

water (up to 250 feet);

3. The permittee shall use only

vessels of less than 45 feet in length that

meet all applicable U.S. Coast Guard

(USCG) certification and license

requirements and that are appropriately

inspected, certified, and licensed. A low

profile vessel to reduce wind drag is

preferred;

4. The permittee shall carry a

maximum of 18 divers each day and

shall allow a maximum of 6 divers to

dive at the same time;

5. The permittee shall be responsible

for screening divers to ensure that they

meet minimum requirements for diving

skills and experience that the permittee

deems necessary for making dives on

the Monitor;

6. The permittee shall not anchor in

the sanctuary. The permittee shall

utilize the permanent mooring at the

Monitor site for a diver descent/ascent

line when conducting dive activities.

The permittee may secure a surface float

or small inflatable boat to the mooring

line, but at no time may the trip vessel

be secured to the permanent mooring;

7. The permittee shall not allow any

dives to be made if currents at the

surface are greater than one (1) knot;

8. The permittee shall ensure

activities conducted in the MNMS

pursuant to the special use permit are

limited to non-intrusive, nondestructive access, observation and

photography of the Monitor. The

permittee shall ensure that all divers

maintain neutral buoyancy, do not

penetrate the wreck, and do not touch,

otherwise contact, disturb, attempt to

recover, or recover any portion of the

Monitor, its associated debris field, or

any artifact which may be found;

9. The permittee shall conduct a

briefing for all divers before the first day

of diving, as well as a briefing before

each dive, these briefings must stress

the importance of avoiding any contact

with or disturbance of the Monitor, its

associated debris field, or any artifact(s)

which may be observed;

10. Upon request of the Sanctuary

Manager, the permittee shall carry an

individual designated by the Sanctuary

Manager as an observer on board the

permittee’s vessel during trips to and

from the MNMS and when the vessel is

in the MNMS for the purpose of

observing, monitoring, and

documenting the activities conducted

pursuant to the special use permit. The

permittee shall allow the observer free

and unobstructed access to all portions

of the vessel at any time, and facilitate

observation and documentation by the

observer of all activities conducted

pursuant to the special use permit. The

permittee shall provide the observer all

reasonable assistance to enable the

observer to carry out his/her duties.

(Other requirements of the permittee

with respect to the observer such as

advance notification of trip dates and

departure times and responsibilities
63510 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Notices

regarding boarding and debarking will

appear in the actual permit conditions.)

11. Pursuant to section 310 of the

NMSA, the permittee shall purchase

and maintain a comprehensive general

liability insurance policy in an amount

to be negotiated upon selection of an

applicant, but not less than $100,000

plus the value of any vessel used under

the special use permit. The policy shall

insure against any claims that may arise

from the activities conducted pursuant

to the special use permit, including

diver accidents and damage to the

Monitor. A copy of such policy must be

furnished to NOAA before conducting

any activity authorized by the special

use permit; and

12. Pursuant to section 310 of the

NMSA, before conducting any activity

under the special use permit, the

permittee and all divers shall sign and

furnish NOAA with a hold harmless and

indemnification agreement, provided by

NOAA, releasing and holding the

United States harmless for any claim

arising from the conduct of any activity

under the special use permit and

assuming the risk of harm from any

such activity.

In addition, depending on the final

agreement between the permittee and

NOAA as to the exact role of the NOAA,

observer, the permittee may also be

asked to comply with the following

condition:

13. The permittee shall document all

activities conducted pursuant to the

special use permit through the use of

videotape and/or still photography, and

written records. The permittee shall

submit a report on all activities and

copies of all photographs and

videotapes taken of the activities.

Fees

The NMSA authorizes NOAA to

assess fees for the costs incurred, or

expected to be incurred from the review

and processing of the special use

permit, monitoring the permitted dive

activities, and a fair market value of the

use of the resources and a reasonable

return to the United States. Therefore,

NOAA will assess a fee for the special

use permit issued pursuant to this

notice. Based on the 1994 special use

permit and NOAA’s other experience

with special use permits, the fee will be

approximately (exact costs are subject to

actual costs incurred): (1) $500.00 to

cover the cost of reviewing and

processing the application, i.e.,

personnel hours, copying and other

overhead; (2) $200.00 per day that dives

take place to cover the cost of

monitoring the activity, i.e., personnel

hours, equipment costs and travel

expenses; and (3) 2% of the gross

receipts that the permittee receives to

cover the fair market value and

reasonable rate of return.

IV. Application Process

All applications should be submitted

to Mr. John Broadwater, Manager at the

address indicated in the ADDRESSES

section. Applications must be submitted

no later than February 9, 1996.

Applicants will be notified as to the

disposition of their applications by

March 11, 1996.

Application Format and Contents

All applications must be typed double

spaced. All applications must describe

in detail:

1. The methodologies that would be

employed to conduct dive activities at

the site, including, but not limited to,

the number of trips, the number of

divers per trip, type of vessel, the

minimum qualifications each diver

would have to meet, the dive plan, and

the diver safety contingency plans in the

event of an accident;

2. The experience of the applicant in

organizing and running dive

expeditions, including information on

expeditions involving diving of this

type, including the number of divers,

the depth of the dives, the time of year,

and environmental conditions;

3. Information and/or statement

showing that the applicant has the

financial capability to organize and run

the activity to be conducted under the

special use permit and to obtain the

required insurance;

4. The applicant’s plans for

documenting all activities conducted

pursuant to the special use permit

(assume that the NOAA Observer will

not be participating in dives);

5. The applicant’s plans to advertise

the availability of dives at the MNMS,

as NOAA believes that public access

should be widely publicized in the

diving community; and

6. The dates that applicant prefers to

conduct dive activities.

Application Review and Evaluation

All applications will be reviewed by

the Sanctuaries and Reserves Division

(SRD). This will include the Sanctuary

Manager, the technical projects staff and

the regional management staff. Outside

peer reviewers may also be used.

In selecting the permittee, SRD shall

consider the applicants ability to

address the criteria in B, above, and: (1)

The experience of the applicant for

organizing and running dive

expeditions involving diving of this

type; (2) the applicant’s financial

capability; (3) the likelihood that the

permittee will be able to fully comply

with all permit conditions; and (4) such

other factors as the SRD deems

appropriate, based on review of

submitted comments and information,

consistent with the purposes of the

NMSA.

SRD may solicit additional

information from any applicant, or

written clarification of an application,

and may extend the solicitation period

at its discretion. SRD may choose to

reject all applications received at any

time, re-request, or cancel this request at

its discretion when in the best interest

of preserving and conserving the

Monitor MNMS. Any information made

available to any applicant by SRD will

be made available to all applicants, and

will be available to the public upon

request.

Once an applicant is selected, SRD

shall draft and issue a special use

permit incorporating as conditions the

terms of this notice and the application.

SRD may include additional conditions

if necessary to protect the MNMS. The

special use permit and application shall

be subject to review by the State

Historic Preservation Officer and

Advisory Council on Historic

Preservation pursuant to section 106 of

the National Historic Preservation Act

(NHPA).

NOAA considers diving to the depths

of the Monitor (230 ft; 70.1 m) with

compressed air to be extremely

hazardous. All dive activities conducted

pursuant to the special use permit are at

the permittee’s and each diver’s own

risk. The permittee is solely responsible

for setting the minimum technical

requirements and experience for a diver

to participate in dives at the site.

Further, the permittee is solely

responsible for the adequacy and

implementation of all diver safety

requirements and the contingency plan

for diver emergencies.

V. Request for Comments

NOAA requests comments and

suggestions from applicants and other

interested parties on: Methods to

conduct safe dive activities at the

Monitor site; conditions for the special

use permit; methods to safeguard the

wreck; the fair market value of the use

of the MNMS and a reasonable return to

the United States; and any other

relevant information pertaining to the

activities proposed to be permitted at

the MNMS.

VI. Classification

This notice is not subject to review

under E.O. 12866.

Prior notice and an opportunity for

public comment, although voluntarily

here given, are not required by the
Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Notices 63511

Administrative Procedure Act or any

other law because this notice concerns

grants, benefits and contracts. Therefore,

preparation of a Regulatory Flexibility

Analysis is not required.

This action is categorically excluded

from the requirements to prepare an

Environmental Assessment by NOAA

Directive 02–10.

This notice does not contain policies

with federalism implications sufficient

to warrant preparation of a federalism

assessment under E.O. 12612.

Dated: December 4, 1995.

W. Stanley Wilson,

Assistant Administrator, Ocean Services and

Coastal Zone Management.

[FR Doc. 95–30056 Filed 12–8–95; 8:45 am]

BILLING CODE 3510–08–M

[I.D. 112995D]

Marine Mammals

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification no. 2 to scientific

research permit no. 836 (P79F)

SUMMARY: Notice is hereby given that a

request for modification of Scientific

Research Permit No. 836 submitted by

the Institute of Marine Science,

University of California at Santa Cruz,

Santa Cruz, California 95064 (Agents:

Drs. Daniel Costa, Burney J. Le Boeuf,

and Charles L. Ortiz), has been granted.

ADDRESSES: The modification and

related documents are available for

review upon written request or by

appointment in the following office(s):

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Suite 13130, Silver Spring,

MD 20910 (301/712–3389);

Director, Southwest Region, NMFS,

NOAA, 501 W. Ocean Blvd., Long

Beach, CA 90802–4213 (310/980–4015).

SUPPLEMENTARY INFORMATION: On August

18, 1995, notice was published in the

Federal Register (60 FR 43124) that a

modification of Permit No. 836, issued

on May 12, 1993 (as modified June 29,

1994), had been requested by the abovenamed organization. The requested

modification has been granted under the

authority of the Marine Mammal

Protection Act of 1972, as amended (16

U.S.C. 1361 et seq.), the provisions of

§ 216.33(d) and (e) of the Regulations

Governing the Taking and Importing of

Marine Mammals (50 CFR part 216).

Permit No. 836 authorizes, annually,

the capture and handling of up to 3,880

northern elephant seals (Mirounga

angustirostris), the unintentional killing

of up to 3 elephant seals during the

conduct of the authorized research

activities; import up to 40 northern

elephant seal and southern elephant

seal (Mirounga leonina) tissue samples

and export samples from northern

elephant seals (only) from/to England,

Argentina, Australia, Mexico, and Japan;

and incidentally harass up to 54,400

seals.

The modification authorizes: an

increase in the number of animals that

may be accidentally killed annually

from three to five; muscle biopsies to be

taken from juvenile elephant seals to

examine the muscle structure as it

relates to aerobic capacity; since

location of the ATOC sound source has

changed; a change in the release site

from Point Sur to Pioneer Seamount,

approx. 70 miles west of Half Moon Bay;

and, an increase the number of southern

elephant seal samples to be imported

from 40 to 650.

Dated: November 22, 1995.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 95–30063 Filed 12–8–95; 8:45 am]

BILLING CODE 3510–22–F

National Technical Information Service

Advisory Board Meeting

AGENCY: National Technical Information

Service, Technology Administration,

U.S. Department of Commerce.

ACTION: Notice of partially closed

meeting.

SUMMARY: Pursuant to the Federal

Advisory Committee Act, 5 U.S.C. app.

2, notice is hereby given that the

National Technical Information Service

Advisory Board (the ‘‘Board’’) will meet

on Monday, January 8, 1996, from 9:00

a.m. to 4:00 p.m., and on Tuesday,

January 9, 1996, from 9:00 a.m. to 4:00

p.m. The session on Tuesday, January 9,

1996, will be closed to the Public.

The Board was established under the

authority of 15 U.S.C. 3704b(c), and was

Chartered on September 15, 1989. The

Board is composed of five members

appointed by the Secretary of Commerce

who are eminent in such fields as

information resources management,

information technology, and library and

information services. The purpose of the

meeting is to review and make

recommendations regarding general

policies and operations of NTIS,

including policies in connection with

fees and charges for its services. The

agenda will include a progress report on

NTIS activities, an update on the

progress of FedWorld, and a discussion

of NTIS’ long range plans. The closed

session discussion is scheduled to begin

at 9:00 a.m. and end at 4:00 p.m. on

January 9, 1996. The session will be

closed because premature disclosure of

the information to be discussed would

be likely to significantly frustrate

implementation of NTIS’ business

plans.

DATES: The meeting will convene on

January 8, 1996, at 9:00 a.m. and

adjourn at 4:00 p.m. and convene again

on January 9, 1996, at 9:00 a.m. and

adjourn at 4:00 p.m.

ADDRESSES: The meeting will be held in

Room 2029 Sills Building, National

Technical Information Service, 5285

Port Royal Road, Springfield, Virginia

22161.

PUBLIC PARTICIPATION: The meeting will

be open to public participation on

January 8, 1996, and closed on January

9, 1996. Approximately thirty minutes

will be set aside on January 8, 1996 for

comments or questions from the public.

Seats will be available for the public

and for the media on a first-come, firstserved basis. Any member of the public

may submit written comments

concerning the Board’s affairs at any

time. Copies of the minutes of the open

session meeting will be available within

thirty days of the meeting from the

address given below.

FOR FURTHER INFORMATION CONTACT:

Linda Lucas, NTIS Advisory Board

Secretary, National Technical

Information Service, 5285 Port Royal

Road, Springfield, Virginia 22161

Telephone: (703) 487–4636; Fax (703)

487–4093.

Dated: December 5, 1995.

Donald R. Johnson,

Director.

[FR Doc. 95–30050 Filed 12–8–95; 8:45 am]

BILLING CODE 3510–04–M

COMMITTEE FOR THE

IMPLEMENTATION OF TEXTILE

AGREEMENTS

Adjustment of Import Limits for Certain

Cotton and Man-Made Fiber Textile

Products Produced or Manufactured in

Pakistan

December 5, 1995.

On page 53899 of the notice

published in the Federal Register on

October 11, 1995, correct the 1995

adjusted limit for Category 369–S in the

table of the letter to the Commissioner