24474 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules

in the absence of a specified date, the sixtyfirst day following completion of the rental

period. Interest will accrue at the

‘‘Renegotiation Board Interest Rate’’

(published in the Federal Register

semiannually on or about January 1st and

July 1st) for the period in which the rent is

due.

(3) The Government’s acceptance of any

rental payment under this clause, in whole

or in part, shall not be construed as a waiver

or relinquishment of any rights it may have

against the Contractor stemming from the

Contractor’s unauthorized use of government

property or any other failure to perform this

contract according to its terms.

(e) Use revocation. At any time during the

rental period, the Government may revoke

commercial use authorization and require the

Contractor, at the Contractor’s expense, to

return the property to the Government,

restore the property to its pre-rental

condition, or both.

(f) Unauthorized use. The unauthorized

use of government property can subject a

person to fines, imprisonment, or both, under

18 U.S.C. 641.

(End of clause)

List of Subjects in 48 CFR Part 52

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

[FR Doc. 96–12025 Filed 5–14–96; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1305

[STB Ex Parte No. 538]

Disclosure and Notice of Change of

Rates and Other Service Terms for

Pipeline Common Carriage

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) eliminated the tariff and

tariff filing requirements formerly

applicable to pipeline carriers, but

imposed in lieu thereof certain

obligations to disclose common carriage

rates and service terms as well as a

requirement for advance notice of

increases in such rates or changes in

service terms. ICCTA requires the Board

to promulgate regulations to administer

these new obligations by June 29, 1996.

The Board proposes to add a new part

1305 to its regulations for that purpose

as set forth below.

DATES: Comments are due on June 4,

1996.

ADDRESSES: Send comments (an original

and 10 copies) referring to STB Ex Parte

No. 538 to: Surface Transportation

Board, Office of the Secretary, Case

Control Branch, 1201 Constitution

Avenue, N.W., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: The

Board’s decision discussing this

proposal is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

The Board certifies that this rule, if

adopted, would not have a significant

economic effect on a substantial number

of small entities. The proposed rules

should result in easier access to pipeline

rate and service information and to that

extent our action should benefit small

entities.

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.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1305

Disclosure requirement, Notice

requirement, Pipeline carriers.

Decided: May 8, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board proposes to add a

new part 1305 to title 49, Chapter X, of

the Code of Federal Regulations, to read

as follows:

PART 1305—DISCLOSURE AND

NOTICE OF CHANGE OF RATES AND

OTHER SERVICE TERMS FOR

PIPELINE COMMON CARRIAGE

Sec.

1305.1 Scope; definitions.

1305.2 Disclosure requirement for existing

rates.

1305.3 Response to request for

establishment of a new rate.

1305.4 Notice requirement.

Authority: 49 U.S.C. 721(a) and 15701(e).

§ 1305.1 Scope; definitions.

(a) The provisions of this part address

the requirements imposed on pipeline

carriers by 49 U.S.C. 15701(b) and

15701(c). Such requirements apply to

pipeline carriers only with respect to

the transportation of commodities other

than water, gas, or oil.

(b) Except as otherwise provided in

paragraph (c) of this section, the

provisions of this part apply to any

transportation or service provided by a

pipeline carrier subject to the

jurisdiction of the Surface

Transportation Board under 49 U.S.C.

15301.

(c) The provisions of this part do not

apply to any transportation or service

provided by a pipeline carrier to the

extent that such transportation or

service is exempted from rate notice and

disclosure requirements pursuant to 49

U.S.C. 15302.

(d) For the purposes of this part,

service terms means all classifications,

rules, and practices that affect the rates,

charges, or level of service for pipeline

transportation.

§ 1305.2 Disclosure requirement for

existing rates.

(a) A pipeline carrier must disclose to

any person, on request, the specific

rate(s) requested (or the basis for

calculating the specific rate(s)), as well

as all charges and service terms that

may be applicable to transportation

covered by that rate(s).

(b) The information provided by a

pipeline carrier under this section must

be provided immediately. Such

information may be provided either in

writing or in electronic form as agreed

to by the parties.

§ 1305.3 Response to request for

establishment of a new rate.

Where a shipper or a prospective

shipper requests that the carrier

establish a rate in the absence of an

appropriate applicable rate for

particular transportation, the carrier

must promptly establish and provide to

the requester, in writing or in electronic

form as agreed to by the parties, an

appropriate rate and applicable service

terms. The response should be provided

as soon as reasonably possible, but no

later than 10 business days from receipt

of the request. If a carrier determines

that additional information is required

from the requester before a rate or term

can be established, the carrier must so

notify the requester as soon as possible,

but no later than 10 business days after

receipt of the request. Once the

additional information is received, the

carrier must set the rate and related

service terms, and relay them to the

requester, within 10 business days.

§ 1305.4 Notice Requirement.

(a) A pipeline carrier may not increase

any rates or charges, or change any

service terms (except for changes that

are equivalent to rate reductions) unless

20 days have expired after written or
Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24475

electronic notice has been provided to

all persons who, within the previous 12

months:

(1) Have requested under section

15701(b) the affected rates or service

terms; or

(2) Have made a shipment that was

subject to the affected rates or terms; or

(3) Have made arrangements with the

carrier for a future shipment that would

be subject to the affected rates or terms.

(b) The notice required by this section

may be in writing or in electronic form,

as agreed to by the parties.

(c) For purposes of this section, a

mailed notice is deemed ‘‘provided’’ on

the date such notice is postmarked.

(d) The notice required by this section

must clearly identify the increase in

rates or charges or the change in service

terms.

[FR Doc. 96–12277 Filed 5–14–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672, 675, and 676

[Docket No. 960501122–6122–01; I.D.

042596A]

RIN 0648–AI46

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Limited

Access Management of Federal

Fisheries Off of Alaska; Addition of the

City of Akutan To the List of

Communities Eligible to Participate in

the Community Development Quota

Programs (CDQ)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to add the

city of Akutan to the list of western

Alaska communities that are eligible to

participate in the CDQ programs, to

remove the authority to use scales to

weigh total catch in the pollock CDQ

fishery, and to prohibit processor

vessels from filling fish holding bins

above the level of the viewing port.

These actions are necessary to further

the objectives of the CDQ programs.

DATES: Comments must be received at

the following address by June 13, 1996.

ADDRESSES: Comments must be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802–1668; Attn: Lori Gravel. The

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis (EA/RIR/IRFA) may

be obtained from the same address or by

calling 907–586–7228.

FOR FURTHER INFORMATION CONTACT:

David Ham, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The domestic groundfish fisheries in

the exclusive economic zone of the Gulf

of Alaska and the Bering Sea and

Aleutian Islands management area

(BSAI) are managed by NMFS in

accordance with the Fishery

Management Plan for Groundfish of the

Gulf of Alaska and the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Island Area (BSAI FMP). The FMPs

were prepared by the Council and

approved by NMFS under the

Magnuson Fishery Conservation and

Management Act (Magnuson Act). The

FMPs are implemented by regulations

that appear at 50 CFR parts 672, 675,

and 676. General regulations that also

govern the groundfish fisheries appear

at 50 CFR part 620.

Beginning with the 1995 fishing

season, the Pacific halibut and sablefish

fixed gear fisheries have been managed

under the Individual Fishing Quota

(IFQ) program. The IFQ program is a

regulatory regime designed to promote

the conservation and management of

these fisheries and to further the

objectives of the Magnuson Act and the

Northern Pacific Halibut Act. Further

information on the implementation of

the IFQ program, and the rationale

supporting it, are contained in the

preamble to the final rule implementing

the IFQ Program published in the

Federal Register, November 9, 1993 (58

FR 59375), and revised in subsequent

amendments to the program published

in the Federal Register.

Information on the halibut and

sablefish (H/S) CDQ program, and the

rationale supporting it, are contained in

the preamble to the proposed rule to

implement the program that was

published in the Federal Register on

December 3, 1992 (57 FR 57130).

The pollock CDQ program originally

was developed by the Council and

submitted as part of Amendment 18 to

the BSAI FMP. Amendment 18 was

approved in part by NMFS (57 FR

23321, June 3, 1992). Initial Federal

regulations implementing the pollock

CDQ program became effective on

November 18, 1992 (57 FR 54936,

November 23, 1992), and expired on

December 31, 1995. The Council

proposed re-authorizing the pollock

CDQ program for an additional 3 years

as part of Amendment 38 to the FMP,

and NMFS approved this amendment

on November 28, 1995. Regulations

implementing the pollock CDQ program

for 1996, 1997, and 1998, were

published on December 12, 1995 (60 FR

63654), and corrected on January 2,

1996 (61 FR 20).

The pollock and H/S CDQ programs

apportion designated percentages of the

annual total allowable catch for pollock,

Pacific halibut, and fixed gear sablefish

to a CDQ reserve that may be allocated

to eligible western Alaska communities.

The purpose of the CDQ program is to

provide the CDQ communities with a

means for starting or supporting

commercial seafood activities that will

result in ongoing, regionally based,

commercial seafood or related

businesses.

CDQ Eligibility for Akutan

The pollock CDQ regulations and the

H/S CDQ regulations (§ 675.27(d)(2) and

§ 676.24(f)(2), respectively), list four

criteria for determining the eligibility of

western Alaska communities to

participate in the CDQ programs. In

1992, NMFS determined that the city of

Akutan met the first three criteria but

did not meet the fourth criterion. The

fourth criterion states that: ‘‘the

community must not have previously

developed harvesting or processing

capability sufficient to support

substantial groundfish fisheries

participation in the BSAI, except if the

community can show that benefits from

an approved community development

plan (CDP) would be the only way to

realize a return from previous

investments.’’

Akutan was excluded from CDQ

participation because a large groundfish

processing plant—the Trident plant—

was located within Akutan’s city limits.

Despite the presence of this

processing plant, the city of Akutan

apparently gains little benefit. The

Council, at its September 1995, meeting,

recommended to NMFS that Akutan be

added to the list of CDQ-eligible

communities. The Council took this

action because the Aleutian Pribilof

Island Community Development

Association, a CDQ group, put forward

evidence showing that Akutan should

not be denied CDQ eligibility because of

the fourth criterion. The evidence

showed that the residents of Akutan

have little economic interaction with

the Trident processing plant in Akutan

due to the nature of the processing

plant’s operations. The processing plant

physically is detached from the city of