Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Proposed Rules 16423

each year and continues through December

31 of the same year. These persons shall not

harvest, possess while in or on the waters of

the state, or land tropical ornamental marine

life species in excess of the following limits:

(a) A limit of 75 angelfish (Family

Pomacanthidae) per person per day or 150

angelfish per vessel per day, whichever is

less.

(b) A limit of 75 butterflyfishes (Family

Chaetodontidae) per vessel per day.

(c) There shall be no limits on the harvest

for commercial purposes of gorgonians

unless and until the season for all harvest of

gorgonians in federal Exclusive Economic

Zone (EEZ) waters adjacent to state waters is

closed. At such time, the season for harvest

of gorgonians in state waters shall also close

until the following January 1, upon notice

given by the Executive Director of the

Department of Natural Resources, in the

manner provided in Section 120.52(16)(d),

Florida Statutes.

(d) A limit of 200 giant Caribbean or ‘‘pinktipped’’ anemones (Condylactus gigantea)

per vessel per day.

Specific Authority 370.027(2), F.S. Law

Implemented 370.025, 370.027, F.S. History:

New 1–1–91, Amended 7–1–92.

46–42.007 Gear Specifications and

Prohibited Gear.

(1) The following types of gear shall be the

only types allowed for the harvest of any

tropical fish, whether from state waters or

from federal Exclusive Economic Zone (EEZ)

waters adjacent to state waters:

(a) Hand held net.

(b) Barrier net, with a mesh size not

exceeding 3/4 inch stretched mesh.

(c) Drop net, with a mesh size not

exceeding 3/4 inch stretched mesh.

(d) Slurp gun.

(e) Quinaldine may be used for the harvest

of tropical fish if the person using the

chemical or possessing the chemical in or on

the waters of the state meets each of the

following conditions:

1. The person also possesses and maintains

aboard any vessel used in the harvest of

tropical fish with quinaldine a special

activity license authorizing the use of

quinaldine, issued by the Division of Marine

Resources of the Department of Natural

Resources pursuant to Section 370.08(8),

Florida Statutes.

2. The quinaldine possessed or applied

while in or on the waters of the state is in

a diluted form of no more than 2%

concentration in solution with seawater.

Prior to dilution in seawater, quinaldine shall

only be mixed with isopropyl alcohol or

ethanol.

(f) A roller frame trawl operated by a

person possessing a valid live bait shrimping

license issued by the Department of Natural

Resources pursuant to Section 370.15,

Florida Statutes, if such tropical fish are

taken as an incidental bycatch of shrimp

lawfully harvested with such trawl.

(g) A trawl meeting the following

specifications used to collect live specimens

of the dwarf seahorse, Hippocampus

zosterae, if towed by a vessel no greater than

15 feet in length at no greater than idle speed:

1. The trawl opening shall be no larger

than 12 inches by 48 inches.

2. The trawl shall weigh no more than 5

pounds wet when weighed out of the water.

(2) This rule shall not be construed to

prohibit the use of any bag or container used

solely for storing collected specimens or the

use of a single blunt rod in conjunction with

any allowable gear, which rod meets each of

the following specifications:

(a) The rod shall be made of nonferrous

metal, fiberglass, or wood.

(b) The rod shall be no longer than 36

inches and have a diameter no greater than

3/4 inch at any point.

(3) No person shall harvest in or from state

waters any tropical fish by or with the use

of any gear other than those types specified

in subsection (1); provided, however, that

tropical fish harvested as an incidental

bycatch of other species lawfully harvested

for commercial purposes with other types of

gear shall not be deemed to be harvested in

violation of this rule, if the quantity of

tropical fish so harvested does not exceed the

bag limits established in Rule 46–42.005.

Specific Authority 370.027(2), F.S. Law

Implemented 370.025, 370.027, F.S. History:

New 1–1–91, Amended 7–1–92.

PART 937—[REMOVED AND

RESERVED]

2. Part 937 is removed and reserved.

[FR Doc. 95–7669 Filed 3–29–95; 8:45 am]

BILLING CODE 3510–12–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Chapter I

46 CFR Chapter I

[CGD 95–022]

Presidential Regulation Review

AGENCY: Coast Guard, DOT.

ACTION: Public meeting; request for

comments.

SUMMARY: The Coast Guard will conduct

a public meeting to provide the public

an opportunity to comment on Coast

Guard regulations and the regulatory

process. Comments are sought on

changes to Coast Guard regulations that

would make them less burdensome or

more flexible, including use of

negotiated rulemaking to effect changes,

and on improvements that could be

made to the enforcement process, while

still ensuring a high level of safety and

environmental protection.

DATES: The meeting will be held April

20, 1995, from 9 a.m. to 3 p.m. Written

material must be received not later than

May 1, 1995.

ADDRESSES: The meeting will be held in

room 2415, Coast Guard Headquarters,

2100 Second Street SW., Washington,

DC 20593–0001. Written comments may

be mailed to the Executive Secretary,

Marine Safety Council (G–LRA), U.S.

Coast Guard, 2100 Second Street, SW.,

Washington, DC 20593–0001, or may be

delivered to room 3406 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

Coast Guard Headquarters, between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Bruce P. Novak, Regulations

Coordinator, Oil Pollution Act (OPA 90)

Staff, U.S. Coast Guard, 2100 Second

Street SW., Washington, DC 20593–

0001, telephone (202) 267–6819. This

telephone is equipped to record

messages on a 24-hour basis.

SUPPLEMENTARY INFORMATION: The

President recently announced a

Regulatory Reinvention initiative.

Under this initiative agencies are

directed to review their regulations;

improve their enforcement efforts to

focus on results, not punishment; meet

with the people affected by their

regulations; and substantially increase

their efforts to promote consensual

rulemaking.

In reviewing existing regulations the

Coast Guard will be focussing on the

following issues: (1) Identification of

obsolete regulations; (2) suggestions for

achieving the intended goal of

regulations that would be more efficient

and/or less intrusive; (3) identification

of private sector alternatives to

regulations such as market mechanisms,

that can achieve the objectives of

regulations; (4) could private business,

setting its own standards and being

subject to public accountability, do the

job as well; and (5) could State or local

government regulations be used in lieu

of Coast Guard regulation?

The Coast Guard is interested in

suggestions on areas where the goals of

our regulatory and enforcement

programs are not clear, and on

recommendations for improvements

that would focus on attaining defined

safety and environmental protection

results rather than mandating the use of

specific methods or equipment.

The Coast Guard would also like to

discuss techniques for developing

consensus rules. Negotiated rulemaking

is currently being offered as the primary

way of achieving consensus rulemaking.

The Coast Guard has used negotiated

rulemaking and has explored its use for

several rulemaking projects. While

negotiated rulemaking has the ability to
16424 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Proposed Rules

bring together private parties with

widely disparate views, not all

rulemakings are appropriate for use of

this process The report accompanying

the National Performance Review

identifies the following limits on use of

the negotiated rulemaking process:

(1) The number of distinct interests

concerned with the proposed rule,

including any relevant government

agencies, must be small enough so that

they can be fairly represented by not

more than 20 to 25 negotiators;

(2) There should be a number of

diverse issues that participants can rank

according to their own priorities, so that

there will be room for compromise on

some of the issues as an agreement is

sought;

(3) It is essential that the issues to be

negotiated not require compromise of

principles so fundamental to the parties

that productive negotiations are

unrealistic;

(4) Parties must be willing to negotiate

in good faith, and no single interest

should be able to dominate the

negotiations; and

(5) The parties cannot have an

incentive to stall; therefore, they must

believe that the agency itself will issue

a rule if consensus is not reached. A

statutory requirement that the agency

issue some type of rule is often helpful.

The Coast Guard is interested in

suggestions for use of negotiated

rulemaking to make changes to existing

regulations, or where regulations

currently under development may be

converted to negotiated rulemakings.

The Coast Guard is also interested in

suggestions of alternative techniques

that may facilitate consensual

rulemaking where a formal negotiated

rulemaking is not appropriate.

The Coast Guard recently undertook a

comprehensive review of its regulatory

process and has now promulgated a new

internal rulemaking instruction. The

new instruction embodies certain

reforms that are designed to make the

Coast Guard’s rulemaking process more

responsive to public need and more

timely.

The Coast Guard has been using

expanded opportunities for early public

participation before issuing a proposed

rule. The Coast Guard has held

numerous public meetings on issues of

concern that might result in regulations.

The purpose of the meetings is to solicit

public participation on a wide range of

issues such as: (1) Possible nonregulatory alternatives; (2) is a

regulatory solution technologically

feasible; (3) what regulatory alternatives

are available; (4) what are the probable

benefits; and (5) what are the probable

costs?

The Coast Guard has also been

making extensive use of its advisory

committees early in the rulemaking

process. The advisory committees have

a particular expertise and are able to

advise the Coast Guard on impacts to

the industry and the environment,

technological feasibility, alternatives,

existence of industry standards, and so

on.

Although the resulting rules are not

precisely consensual, they result in

broad public participation in the

rulemaking process. Interested parties

discuss concerns and issues with each

other and the Coast Guard at informal

meetings and workshops where there is

considerable give and take among the

participants. The Coast Guard has found

that this early identification and

discussion of issues results in a better

crafted proposed rule that is subject to

less adverse comment.

The Coast Guard is also being

responsive to the public’s demand for

more timely rulemaking by increasing

personnel accountability. Once

timelines for major milestones have

been approved by the Coast Guard’s

Marine Safety Council, progress on the

rulemaking is closely monitored and

delays must be explained. This

justification and review process also

keeps senior management informed

concerning the progress of developing

rules. Also, management must review

existing resource commitments and

agree to provide adequate resources to

develop a rule before initiating one.

The public is invited to comment

with regard to the use of the negotiated

rulemaking process for current Coast

Guard rulemaking projects. Comments

are also invited on the Coast Guard’s

participatory rulemaking process.

Attendance at the April 20 meeting is

open to the public. Members of the

public may make oral presentations

during the meeting. Persons wishing to

make oral presentations should notify

the person listed above under FOR

FURTHER INFORMATION CONTACT no later

than the day before the meeting. Written

material may be submitted prior to,

during, or after the meeting.

Dated: March 23, 1995.

A.E. Henn,

Vice Admiral, U.S. Coast Guard, Acting

Commandant.

[FR Doc. 95–7736 Filed 3–29–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3100

[WO–610–00–4110–2411]

RIN 1004–AC26

Promotion of Development, Reduction

of Royalty on Heavy Oil

AGENCY: Bureau of Land Management,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Land

Management (BLM) is issuing this

proposed rule to amend the regulations

relating to the waiver, suspension, or

reduction of rental, royalty, or minimum

royalty. This amendment would

establish the conditions under which

the operators of properties that produce

‘‘heavy oil’’ (crude oil with a gravity of

less than 20 degrees) can obtain a

reduction in the royalty rate. This action

is being taken to encourage the

operators of Federal heavy oil leases to

place marginal or uneconomical shut-in

oil wells back in production, provide an

economic incentive to implement

enhanced oil recovery projects, and

delay the plugging of these wells until

the maximum amount of economically

recoverable oil can be obtained from the

reservoir or field. The BLM believes that

this amendment will result in

substantial additional revenue for the

States and Federal Government,

increase the cumulative amount of

domestic oil production from existing

wells, increase the percentage of oil

recovery from presently developed

reservoirs, minimize the necessity of

drilling new wells with their additional

environmental impacts, assist in

reducing the national balance of trade

deficit, and help promote stability in the

jobs and services related to the domestic

oil industry.

DATES: Comments should be submitted

by May 30, 1995. Comments postmarked

after this date may not be considered as

part of the decisionmaking process in

issuance of a final rule.

ADDRESSES: Comments should be sent

to: Director (140), Bureau of Land

Management, Room 5555, Main Interior

Building, 1849 C Street, N.W.,

Washington, D.C. 20240. Comments will

be available for public review in Room

5555 at the above address during regular

business hours (7:45 a.m. to 4:15 p.m.),

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Dr.

John W. Bebout, Bureau of Land

Management, (202) 452–0340.