24904 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations

a neutral third panel member to create

a tri-partite panel;

(3) The tri-partite panel shall, at a

minimum, review the proposed text of

the NASDO and any explanatory

material provided to the funding parties

by the NASDO, the comments and any

alternative text provided by the funding

party seeking dispute resolution, any

relevant standards which have been

established or which are under

development by an accredited-standards

development organization, and any

comments submitted by other funding

parties;

(4) Any party in interest submitting

information to the panel for

consideration (including the NASDO,

the party seeking dispute resolution and

the other funding parties) shall be asked

by the panel whether there is knowledge

of patents, the use of which may be

essential to the standard or generic

requirement being considered. The fact

that the question was asked along with

any affirmative responses shall be

recorded, and considered, in the panel’s

recommendation; and

(5) The tri-partite panel shall, within

fifteen (15) days after being established,

decide by a majority vote, the issue or

issues raised by the party seeking

dispute resolution and produce a report

of their decision to the funding parties.

The tri-partite panel must adopt one of

the five options listed below:

(i) The NASDO’s proposal on the

issue under consideration;

(ii) The position of the party seeking

dispute resolution on the issue under

consideration;

(iii) A standard developed by an

accredited standards development

organization that addresses the issue

under consideration;

(iv) A finding that the issue is not ripe

for decision due to insufficient technical

evidence to support the soundness of

any one proposal over any other

proposal; or

(v) Any other resolution that is

consistent with the standard described

in section 64.1703(a)(6).

(6) The tri-partite panel must choose,

from the five options outlined above,

the option that they believe provides the

most technically sound solution and

base its recommendation upon the

substantive evidence presented to the

panel. The panel is not precluded from

taking into account complexity of

implementation and other practical

considerations in deciding which option

is most technically sound. Neither of the

disputants (i.e., the NASDO and the

funding party which invokes the

dispute resolution process) will be

permitted to participate in any decision

to reject the mediation panel’s

recommendation.

(b) The tri-partite panel’s

recommendation(s) must be included in

the final industry-wide standard or

industry-wide generic requirement,

unless three-fourths of the funding

parties who vote decide within thirty

(30) days of the filing of the dispute to

reject the recommendation and accept

one of the options specified in

paragraphs (a)(5) (i) through (v) of this

section. Each funding party shall have

one vote.

(c) All costs sustained by the tripartite panel will be incorporated into

the cost of producing the industry-wide

standard or industry-wide generic

requirement.

§ 64.1704 Frivolous disputes/penalties.

(a) No person shall willfully refer a

dispute to the dispute resolution

process under this subpart unless to the

best of his knowledge, information and

belief there is good ground to support

the dispute and the dispute is not

interposed for delay.

(b) Any person who fails to comply

with the requirements in paragraph (a)

of this section, may be subject to

forfeiture pursuant to section 503(b) of

the Communications Act, 47 U.S.C.

503(b).

[FR Doc. 96–12217 Filed 5–16–96; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 171, 173 and 180

[Docket No. HM–200; Notice No. 96–9]

RIN 2137–AB37

Hazardous Materials in Intrastate

Transportation; Extension of Comment

Period

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Supplemental notice of

proposed rulemaking (SNPRM);

extension of comment period.

SUMMARY: RSPA is extending for 60

days, until August 16, 1996, the period

for submitting comments on its March

20, 1996 supplemental notice of

proposed rulemaking (SNPRM) in this

proceeding. In the SNPRM, RSPA

proposed certain exceptions from

requirements in the Hazardous

Materials Regulations that would

otherwise apply to: the transportation of

small quantities of certain hazardous

materials used by carriers, particularly

private carriers, in the conduct of their

businesses (‘‘materials of trade’’);

smaller cargo tank motor vehicles (less

than 13,250 liters [3,500 gallons]

capacity) used exclusively in intrastate

transportation of flammable liquid

petroleum products; and registered

inspections of these smaller cargo tank

motor vehicles used exclusively for

transporting flammable liquid

petroleum fuels.

DATES: Written comments: Comments

must be received on or before August

16, 1996.

ADDRESSES: Comments: Address

comments to Dockets Unit, Research

and Special Programs Administration,

U.S. Department of Transportation,

Washington, DC 20590–0001.

Comments should identify the Docket

(HM–200) and be submitted, if possible,

in five copies. Persons wishing to

receive confirmation of receipt of their

comments should include a selfaddressed stamped postcard showing

the docket number. The Dockets Unit is

located in Room 8421 of the Nassif

Building, 400 Seventh Street, SW.,

Washington, DC 20590–0001.

Telephone: 202–366–5046. Public

dockets may be reviewed between the

hours of 8:30 a.m. and 5:30 p.m.;

Monday through Friday except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Jackie Smith or Diane LaValle, 202–

366–8553, Office of Hazardous Materials

Standards, RSPA, 400 Seventh Street,

SW., Washington, DC 20590–0001.

SUPPLEMENTARY INFORMATION: In July

1993, RSPA proposed to extend the

application of the Hazardous Materials

Regulations (HMR), 49 CFR Parts 171–

180, to all intrastate carriers of

hazardous materials in commerce and

their shippers. The notice of proposed

rulemaking (NPRM), was published on

July 9, 1993 (58 FR 36920), and a

correction was published on July 15,

1993 (58 FR 38111). Based on comments

to that NPRM, on March 20, 1996, RSPA

published a supplemental notice

proposing three additional changes to

the HMR. See 61 FR 11481. These

changes would provide: (1) An

exception for ‘‘materials of trade,’’

certain small quantities of hazardous

materials transported and used by

carriers, particularly private carriers, in

the conduct of their businesses; (2) an

exception to permit the continued use of

non-specification smaller cargo tank

motor vehicles (i.e., less than 13,250

liters [3,500 gallons] capacity) used

exclusively in intrastate transportation

of flammable liquid petroleum products;

and (3) an exception from certain
Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations 24905

requirements that address registered

inspection of these smaller cargo tank

motor vehicles that are used exclusively

for transporting flammable liquid

petroleum fuels. These proposals are

aimed are reducing regulatory burdens

on persons subject to the HMR where

costs may be disproportionate to safety

benefits.

A number of interested parties have

requested additional time for them to

more fully consider these proposals.

Farmers, farm suppliers, and

agricultural transporters state that they

are presently occupied with activities

relating to planting this year’s crop, and

that they need an extension of the

comment period so that they may

participate in this important

rulemaking. Because these parties’ input

to this rulemaking would be valuable,

RSPA is extending the comment period

for 60 days, until August 16, 1996.

Issued in Washington, DC, on May 14,

1996, under authority delegated in 49 CFR

part 106, Appendix A.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 96–12454 Filed 5–16–96; 8:45 am]

BILLING CODE 4910–60–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 675

[Docket No. 960129019–6019–01; I.D.

051396D]

Groundfish of the Bering Sea and

Aleutian Islands Area; Pacific Cod by

Vessels Using Hook-and-Line Gear in

the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for Pacific cod by vessels using

hook-and-line gear in the Bering Sea

and Aleutian Islands management area

(BSAI). This action is necessary because

the second seasonal Pacific halibut

bycatch mortality allowance

apportioned to the Pacific cod hookand-line fishery in the BSAI has been

reached.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 15, 1996, until 12

midnight, A.l.t., December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The second seasonal Pacific halibut

bycatch mortality allowance for the

hook-and-line Pacific cod fishery, which

is defined at § 675.21(b)(2)(ii)(A), is 40

metric tons (61 FR 4311, February 5,

1996).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(d), that the second seasonal

Pacific halibut bycatch mortality

allowance for the Pacific cod hook-andline fishery in the BSAI has been

reached. Therefore, NMFS is prohibiting

directed fishing for Pacific cod by

vessels using hook-and-line gear in the

BSAI.

Maximum retainable bycatch amounts

for applicable gear types may be found

in the regulations at § 675.20(h).

Classification

This action is taken under § 675.20

and is exempt from review under E.O.

12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 13, 1996.

Donald J. Leedy,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–12445 Filed 5–14–96; 3:07 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 960129019–6091–01, I.D.

051396E]

Groundfish of the Bering Sea and

Aleutian Islands Area; Other Nontrawl

Fisheries in the Bering Sea and

Aleutian Islands Management Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for groundfish in the other

nontrawl fishery in the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the 1996 bycatch

allowance of Pacific halibut apportioned

to the other nontrawl fishery category in

the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 15, 1996, until 12

midnight, A.l.t., December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The 1996 bycatch allowance of Pacific

halibut apportioned to the other

nontrawl fishery category, which is

defined at § 675.21(b)(2)(ii)(E), was

established by the Final 1996 Harvest

Specifications of Groundfish (61 FR

4311, February 5, 1996) as 100 metric

tons.

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(d), that the 1996 bycatch

allowance of Pacific halibut apportioned

to the other nontrawl fishery category in

the BSAI has been reached. Therefore,

NMFS is closing the directed fishery for

groundfish in the other nontrawl fishery

category in the BSAI.

Maximum retainable bycatch amounts

for applicable gear types may be found

in the regulations at § 675.20(h).

Classification

This action is taken under § 675.21

and is exempt from review under E.O.

12866.

Authority: 16 U.S.C. 1801, et seq.

Dated: May 13, 1996.

Donald J. Leedy,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–12446 Filed 5–14–96; 3:07 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 960129019–6091–01; I.D.

050396A]

Groundfish of the Bering Sea and

Aleutian Islands Area; Reserve

Apportionment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.