29350 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices

1, 1993 through March 31, 1994 review

period.

Following the methodology outlined

in section B.4 of the agreement, the

Department preliminarily determines

that, for the period April 1, 1993

through March 31, 1994, a negative

adjustment may be made to the

provisional export charge rate in effect.

The adjustments will equal the

difference between the provisional rate

in effect during the review period and

the rate determined in this review, plus

interest. This rate, established in the

notice of the final results of the eighth

administrative reviews of the

suspension agreement, was 5.52

percent. See Certain Refrigeration

Compressors from the Republic of

Singapore; Final Results of

Countervailing Duty Administrative

Review, 57 FR 46540 (October 9, 1992).

The GOS may refund or credit, in

accordance with section B.4.c of the

agreement, the difference, plus interest,

calculated in accordance with section

778(b) of the Tariff Act, within 30 days

of notification by the Department. The

Department will notify the GOS of these

adjustments after publication of the

final results of this review.

If the final results of this review

remain the same as these preliminary

results, the Department intends to notify

the GOS that the provisional export

charge rate on all exports to the United

States with Outward Declarations filed

on or after the date of publication of the

final results of this administrative

review shall be 2.22 percent of the f.o.b.

value of the merchandise.

The agreement can remain in force

only as long as shipments from the

signatories account for at least 85

percent of imports of the subject

refrigeration compressors into the

United States. Information on the record

of this review indicates that the two

signatory companies accounted for 100

percent of imports into the United

States from Singapore of this

merchandise during the review period.

Parties to the proceeding may request

disclosure of the calculation

methodology and interested parties may

request a hearing not later than 10 days

after the date of publication of this

notice. Pursuant to 19 CFR 355.38(c),

interested parties may submit written

comments in case briefs on these

preliminary results within 30 days of

the date of publication. Rebuttal briefs,

limited to arguments raised in case

briefs, may be submitted seven days

after the time limit for filing the case

brief. Any hearing, if requested, will be

held seven days after the scheduled date

for submission of rebuttal briefs. Copies

of case briefs and rebuttal briefs must be

served on interested parties in

accordance with 19 CFR 355.38(e).

Representatives of parties to the

proceeding may request disclosure of

proprietary information under

administrative protective order no later

than 10 days after the representative’s

client or employer becomes a party to

the proceeding, but in no event later

than the date the case briefs are due.

The Department will publish the final

results of this administrative review,

including the results of its analysis of

issues raised in any case or rebuttal

brief, or at a hearing.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Tariff Act (19 U.S.C. 1675(a)(1))

and 19 CFR 355.22.

Dated: June 4, 1996.

Paul L. Joffe,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 96–14623 Filed 6–7–96; 8:45 am]

BILLING CODE 3510–DS–P

National Oceanic and Atmospheric

Administration

[Docket No. 960322092–6159–02; I.D.

032596B]

RIN 0648–ZA19

Gulf of Mexico Fisheries Disaster

Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final notice of availability of

Federal assistance.

SUMMARY: NMFS establishes a Gulf of

Mexico Fisheries Disaster Program

(Program) that will provide $5 million

in financial assistance to commercial

fishermen who suffered uninsured

fishing vessel or gear damage or loss

caused by hurricanes, floods, or their

aftereffects. Assistance will be in the

form of a discretionary grant only; this

notice does not create an entitlement

program.

DATES: Applications must be received

by close of business October 7, 1996.

ADDRESSES: Applications should be sent

to Charles L. Cooper, Program Leader,

Financial Services Division, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910. Comments regarding the burdenhour estimate or any other aspect of the

collection-of-information requirement

contained in this notice should be sent

to the same address.

FOR FURTHER INFORMATION CONTACT:

Charles L. Cooper, Program Leader,

(301) 713–2396.

SUPPLEMENTARY INFORMATION: On August

2, 1995, the Secretary of Commerce

(Secretary) declared fisheries disasters

in the Pacific Northwest, New England

and the Gulf of Mexico (Gulf). The

Secretary stated that the Gulf disaster

arose from hurricanes and floods, and

their aftereffects, occurring from August

23, 1992, through December 31, 1995.

Commercial fishing vessels and gear

were damaged or lost either as a direct

result of these events or through contact

with underwater hazards created by the

storms and floods. Under the authority

of the Interjurisdictional Fisheries Act

(IFA) of 1986 (16 U.S.C. 4107(d)), as

amended, a total of $5 million in

Federal financial assistance is available

to commercial fishermen in the Gulf of

Mexico for uninsured losses due to

vessel or gear loss or damage due to the

natural disasters covered by the August

2, 1995, disaster declaration.

On behalf of the Secretary, NMFS

published a Notice of Proposed Program

on April 1, 1996 (61 FR 14293), to

solicit public comments. In addition,

the NOAA Office of Sustainable

Development and Intergovernmental

Affairs conducted three town meetings

in Texas, Louisiana, and Florida,

respectively, in order to solicit public

comment on the proposed program.

Comments received in writing or from

public meetings in response to the

proposed program are summarized and

responded to in this document.

During the comment period, Congress

amended the IFA to provide NMFS with

more program flexibility. Pursuant to

these amendments, fishermen may now

recover up to 100 percent of their

uninsured loss, and fishermen who earn

less than $2 million in net revenues

annually from commercial fishing are

now eligible to participate in the

program.

Comments and Responses

NMFS received 11 written responses

to the proposed program. In addition,

several points were raised on the record

during the public meetings. In total,

NMFS identified the following 10

distinct comments on the proposed

program.

Comment: Eight commenters

suggested expanding the area eligible for

assistance beyond the Gulf of Mexico to

include other Florida coastal areas

affected by the weather events that were

the subject of the declared fisheries

disasters.

Response: The IFA provides for

assistance to fishermen affected by

declared fisheries disasters. The
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices 29351

Secretary’s disaster declaration limited

the weather-related fisheries disasters to

the Gulf of Mexico, which NMFS has

defined as bordered on the east by the

Florida Dade/Monroe County line and

including Florida Bay and the Florida

Keys. Consequently, weather-related

losses in other areas are not eligible for

assistance at this time.

Comment: One commenter suggested

that vessel damage be eligible for

compensation.

Response: NMFS proposed to limit

assistance for eligible weather-related

damage to fishing gear only because

commercial insurance was available for

vessel losses. However, information

from Federal and state officials, as well

as compelling public testimony,

indicates a significant amount of vessel

damage caused by the declared

disasters. Therefore, NMFS has

determined that assistance may also be

provided for uninsured vessel loss or

damage. Individual uninsured losses

will be compensated for the amount of

the uninsured loss, or for an amount not

to exceed $7,500, whichever is less.

Comment: Two commenters suggested

that economic and property losses

suffered by commercial fisheries

support industries should be eligible for

compensation.

Response: The IFA limits assistance

‘‘to persons engaged in commercial

fisheries * * *.’’ NMFS interprets this

to mean only persons engaged in actual

fishing or operation of a charter boat or

head boat operation. Consequently,

losses suffered by support industries are

not eligible for assistance.

Comment: One commenter suggested

that damage caused by tropical storms

be eligible for assistance.

Response: The IFA provides that

Federal assistance will be available only

to commercial fishermen for harm

arising from Hurricane Hugo, Hurricane

Andrew, Hurricane Iniki, or any other

natural disaster. The Secretary limited

the definition of disasters of the

magnitude foreseen by the IFA to

hurricanes, as well as the devastating

Mississippi River floods of 1993 and

1994, and their aftereffects.

Consequently, damage due to tropical

storms is ineligible under this program.

Comment: One commenter suggested

that a 45-day application period is too

short, given the time elapsed since some

of the eligible disasters and the

fishermen’s difficulty in assembling

application information pertaining to

these disasters.

Response: NMFS agrees. The

application period is increased to 120

days.

Comment: Many commenters at the

public meetings in Texas, Louisiana,

and Florida stressed that the scale of

damage from eligible causes was so

great that a cap of $5,000 on

compensation on individual

applications and $15,000 on aggregate

applications from a single entity is

inadequate.

Response: NMFS agrees. Individual

uninsured losses will now be

compensated for the amount of the

uninsured loss or for an amount not to

exceed $7,500, and up to $22,500 in the

aggregate, whichever is less.

Comment: Six commenters suggested

that the program include charter boat

owners or operators.

Response: Because the program will

now include vessel damage or loss,

NMFS has decided to extend financial

assistance to charter or head boat

owners or operators. Therefore, the

definition of ‘‘fisherman’’ now includes

those persons providing a vessel for hire

that carries recreational fishermen to

engage in fishing for a fee.

Comment: Many commenters at the

public meetings felt the program should

compensate for the fishermen’s cost of

labor since most fishermen repair their

own gear.

Response: While NMFS recognizes

that many fishermen repair their own

gear and vessels, labor cost would be

difficult to document and would present

significant verification concerns. In the

interests of fair and efficient

administration of the program, labor

costs will not be reimbursed. Fishermen

may recover, however, the costs of

material used to repair their vessel or

gear, subject to the conditions and

limitations set forth in this notice.

Comment: Many commenters at the

public meetings felt that the program

application requires too much

information.

Response: In order to avoid fraud and

abuse of the program, applicants must

provide sufficient documentation to

prove all circumstances necessary to

qualify for assistance. Therefore, NMFS

requires the information requested in

order to make accurate assessments of

each alleged uninsured loss. However,

the program allows for provision of

alternative documentation if certain

information cannot be obtained by the

applicant. It is within the NMFS

Financial Services Division’s discretion

to determine whether the

documentation will be considered.

Comment: One commenter suggested

that financial assistance should be

limited only to Hurricane Andrew

victims.

Response: Pursuant to the IFA, the

Secretary announced that emergency aid

would be available for persons engaged

in commercial fishing who suffered

from the declared fishery resource

disasters arising from hurricanes, floods,

or their aftereffects. Therefore, this

assistance cannot be limited to victims

of Hurricane Andrew.

I. Definitions

Application means an application

under this program.

Applicant means an applicant under

this program.

Award means an approved grant

under this program.

Day means a calendar day.

Division means the Financial Services

Division, National Marine Fisheries

Service, National Oceanic and

Atmospheric Administration, U.S.

Department of Commerce, 1315 EastWest Highway, Silver Spring, MD

20910.

Eligible cause means any hurricane or

flood, or its aftereffects, during a period

from August 23, 1992, through

December 31, 1995 (including, but not

limited to: Wind, waves, rising waters,

and the debris or other obstructions

caused by them or carried by them).

Eligible waters means all state,

Federal, and estuarine waters in the

Gulf of Mexico, which is bounded in the

east by the Florida Dade/Monroe County

line and includes Florida Bay and the

Florida Keys.

Fisherman means any natural or legal

person who (1) Owns or leases a fishing

vessel and/or fishing gear, or provides a

vessel for hire that carries recreational

fishermen to engage in fishing for a fee,

(2) derives more than 50 percent of

annual income from fishing, (3) has net

revenues of less than $2 million

annually from commercial fishing, and

(4) is a U.S. citizen or permanent

resident alien.

Fishing means the legal harvesting of

all types of aquatic animal and plant life

(except marine mammals and birds) for

the purpose of selling those catches into

normal commercial distribution

channels with the intent of earning a

profit, or the provision of a vessel for

hire that carries recreational fishermen

to engage in fishing for a fee.

Gear means all legal fishing gear and

equipment including, but not limited to,

nets, winches, and motor parts, and

fixed gear such as pots, traps, and

pound nets.

Ineligible causes means any causes

other than eligible causes, including

(but not limited to) negligence.

Loss means damage to or loss of gear

or damage to vessels caused by eligible

causes in eligible waters for which

compensation has not been received, or

will not be received, from insurance

companies, state, or Federal programs
29352 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices

(other than this program), or any other

sources.

Loss gear means the gear for the loss

of which an applicant is submitting an

application under this program.

Loss trip means the trip of the loss

vessel during which the loss actually

occurred (or, in the case of fixed gear,

both the trip in which the loss gear was

deployed and the trip in which the loss

gear’s loss was first discovered).

Loss vessel means the vessel that was

lost or damaged or from which the loss

gear was, or last had been, deployed at

the time of its loss.

Negligence includes, but is not

limited to, failure to: (1) Remain outside

any navigation safety zone established

around any offshore energy activities or

other obstructions by any Federal or

state authority; (2) avoid obstructions

recorded on nautical charts or in the

Notice to Mariners in effect at least 15

days before the loss or marked by a buoy

or other surface marker (casualties

occurring within a one-quarter mile (0.4

kilometer) radius of obstructions so

recorded or marked are presumed to

involve the negligence or fault of the

claimant); (3) abide by established Coast

Guard navigational rules; or (4) use due

care and diligence to avoid or mitigate

the damage or loss.

Notice means this final notice of

availability of Federal assistance.

Program means this program under

the notice.

Repair cost means the cost (at the time

of loss) of repairing loss gear or vessel,

including material costs for fishermen

repairing their own gear.

Replacement cost means the cost (at

the time of loss) of replacing loss gear.

Vessel means any fishing vessel, boat,

or other water craft documented under

the laws of the United States or

registered under the laws of any state of

the United States and used for fishing or

activities directly related to fishing.

II. Eligibility

The Program is available only to

fishermen for the repair cost or

replacement cost of fishing vessels and/

or fishing gear loss in eligible waters

due to eligible causes.

III. Documentation Requirements

Applicants must provide sufficient

documentation to prove all

circumstances necessary to qualify for

assistance (including, but not limited to,

documentation evidencing that loss was

more likely than not due to eligible

causes). Specific types of

documentation requested are identified

in Section VIII below. Other

documentation considered to be

relevant by applicants may also be

submitted. It will be within the

Division’s discretion to determine

whether the documentation will be

considered.

IV. Amount

Each award shall be for up to 100

percent of the uninsured loss, except

that (1) no award will exceed $7,500

and (2) no applicant will receive

aggregate awards from multiple

applications totaling more than $22,500.

V. Who May Apply

Only U.S. citizens or permanent

resident aliens who meet the definition

of fisherman as set out in this notice,

and who owned or leased the loss gear

or vessel at the time the loss or damage

occurred may apply. Lessors may not

apply unless they bore the risk of the

vessel or gear’s loss.

VI. When to Apply

Applications will be accepted during

a 120-day period that begins on the date

of publication of the final notice in the

Federal Register. Applications received

after this period will not be considered.

If applications are sent by U.S. mail,

their submission dates are the same as

their postmark dates. If applications are

sent any other way, their submission

dates are the dates the Division receives

them. All applications will be

considered on a first-come/first-serve

basis from the date of acceptance.

VII. Where to Apply

Applicants must send applications to

the Division (see ADDRESSES). All other

correspondence or questions about this

program or applications under it must

also be addressed to the Division.

VIII. Application Contents

Applicants must submit applications

on forms provided by the Division.

Proprietary information submitted by

applicants will only be disclosed to

Federal officials who are responsible for

the program unless otherwise required

by court order or other applicable law.

All information submitted is subject to

disclosure under the Freedom of

Information Act.

Applicants may receive application

forms (and NOAA Federal Assistance

Application Kits) by calling or writing

the Division (see ADDRESSES). All

applications must include at least the

following items:

(1) The applicant’s name, social

security number, tax identification

number, mailing address, telephone

number, citizenship, and whether the

applicant owned or leased the loss gear

and/or loss vessel during the loss trip.

(2) If the loss vessel is documented

under Federal law, a copy of the loss

vessel’s Certificate of Documentation

(U.S. Coast Guard Form 1270).

(3) If the loss vessel is registered

under state law, a copy of the

registration or title document issued by

the registering state.

(4) If the loss vessel is leased, a copy

of the lease and the name, mailing

address, and telephone number of the

loss vessel’s lessor (the legal owner from

which the applicant leased the loss

vessel). Loss vessel lessees must

establish that they bore the risk of the

loss vessel’s loss.

(5) If the loss gear is leased, a copy of

the lease and the name, mailing address,

and telephone number of the loss gear’s

lessor (the legal owner from which the

applicant leased the loss gear.) Loss gear

lessees must establish that they bore the

risk of the loss gear’s loss.

(6) A description of the loss vessel’s

fishing type, size, and capacity.

(7) A full description of the loss gear

and how such gear is normally deployed

and operated.

(8) If the loss was observed, the date

and time of loss.

(9) If the loss was unobserved, the

date and time the applicant last saw the

loss gear or loss vessel in good

condition and the date and time the

applicant first discovered the loss gear

or vessel’s loss.

(10) A full statement of why the

applicant believes it is more likely than

not that the loss was caused by an

eligible cause. The applicant should

include in this statement all known

evidence relevant to the most likely

cause of the loss gear or vessel’s loss.

The level of detail in this statement

must, together with all other

information required in this section, be

sufficient to clearly and accurately

depict all known circumstances relevant

to the loss. Photographs and videos of

the damage may be submitted in

support of the statement. The Division

will deem statements that do not meet

this criterion to be incomplete. If the

time and place of loss are not consistent

with the time at which a hurricane or a

flood directly affected that place, then

the applicant must carefully explain

why the applicant believes the loss was

more likely than not caused by the

aftereffects of a hurricane or flood rather

than by other factors (unrelated to

hurricanes or floods) normally

responsible for such a loss in such a

place.

(11) When the loss vessel first left port

on the loss trip and when it first

returned to port at the end of the loss

trip.

(12) Where applicable, the loss

vessel’s direction, speed, and other
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices 29353

activities immediately before, during,

and after the loss.

(13) The name, current mailing

address, and telephone number of each

person serving during the loss trip as a

crew member of the loss vessel (if

unavailable, state why).

(14) A sworn, written statement from

each loss trip crew member describing

his or her knowledge of the loss and the

conditions surrounding it and his or her

activities immediately before, during,

and after the time of the loss (if

unavailable, state why).

(15) The location where the loss

occurred in Loran C coordinates (or, if

the loss vessel did not have Loran C

capability, the next most accurate

method of position fixing available).

(16) The fullest description possible

of the nature and type of any

obstruction, debris, or other item

involved in causing the loss.

(17) The total purchase cost or total

lease cost of the loss vessel or loss gear.

(18) A detailed inventory of all

components of the loss gear and the

nature of the loss with respect to each

component.

(19) Proof of the date, place, and cost

of having acquired all loss gear (sales

receipts, copies of leases, or other

satisfactory evidence).

(20) Evidence that the loss vessel was

fishing on the three most recent lossvessel trips before the loss trip. This

evidence may consist of trip tickets for

the three trips before the loss trip.

(21) Proof of having replaced or

repaired the loss gear or loss vessel

(sales receipts, repair invoices, copies of

leases, or other satisfactory evidence).

(22) A copy of the applicant’s Federal

income tax return (including all

business schedules) for the year in

which the loss occurred (or, if the loss

trip occurred in a year for which the

applicant has not yet filed a return and

the deadline for doing so has not yet

passed, then a copy of a return for the

latest year for which the filing deadline

has passed).

(23) A copy of any state or Federal

fishing license, permit, or gear tag

receipts, or other state or Federal fishing

authorization required for the loss

vessel’s operation during the loss trip.

(24) Evidence of the applicant’s

having complied with state or Federal

requirements (if any) for reporting the

catch results during the loss trip.

All applications will be submitted,

and all statements in them made, under

a penalty of perjury. A false statement

on the application is grounds for denial

or termination of funds and grounds for

possible punishment by a fine or

imprisonment (18 U.S.C. 1001).

It will be within the Division’s

discretion to accept other

documentation that applicants may

submit in support of the applicationcontent requirements. The Division may

engage in pre-award negotiations with

applicants to enable the Division to

make a determination concerning

acceptable application-content

documentation.

IX. Application Processing

(a) Ineligible or incomplete

applications. The Division will not

accept ineligible or incomplete

applications. The Division will return

these to the applicants with an

explanation of why the applications are

unacceptable. Any applicant who

wishes to have his or her returned

application reconsidered for acceptance

must respond within 30 days from the

date of the Division’s letter returning the

application. If reconsideration responses

render the applications complete, they

will be accepted as newly submitted

applications with the date of response

serving as the submission date for

chronological ranking for funding

purposes.

(b) Submission dates for

reconsideration responses. If

reconsideration responses are sent by

U.S. mail, their submission dates are the

same as their postmark dates. If these

responses are sent any other way, their

submission dates are the dates on which

the Division receives them.

X. Determinations

(a) Chronological precedence.

Chronological precedence for assistance

will be determined by application

submission dates. Assistance will be

made available on a first-come/firstserve basis until the $5 million available

for this program has been depleted.

(b) Delays. Determinations will be

made as soon as possible, but personnel

considerations may result in significant

processing delays.

(c) Division disapproval. If the

Division disapproves an application, it

will return the application to the

applicant and state the reason for its

disapproval.

(d) Approval and disbursement of

funds. If the Division approves an

application, it will forward the

application to the NOAA Grants

Management Division for final approval.

If the NOAA Grants Management

Division approves the application, it

will issue an award and notify the

applicant of the award amount and any

further requirements upon which the

award is contingent.

(e) Finality. All Division and NOAA

Grants Management Division

determinations will be final and

conclusive.

XI. Administrative Requirements

All applicants are subject to as much

of the following grants administration

requirements as may be applicable to

these grants.

Applicants to whom awards will be

made must submit a Standard Form

424B, ‘‘Assurances—Non-Construction

Programs’’ and Form CD–511,

‘‘Certification Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying.’’ These

documents are included in the NOAA

Federal Assistance Application Kit.

Prospective participants (as defined at

15 CFR 26.105) are subject to 15 CFR

part 26, ‘‘Nonprocurement Debarment

and Suspension,’’ and the related

section of the certification form CD–511

applies.

Grantees (as defined at 15 CFR

26.605) are subject to 15 CFR part 26,

subpart F, ‘‘Governmentwide

Requirements for Drug-Free Workplace

(Grants),’’ and the related section of the

certification form CD–511 applies.

Any applicant who has paid or will

pay for lobbying using any funds must

submit an SF-LLL, ‘‘Disclosure of

Lobbying Activities,’’ as required by law

(31 U.S.C. 1352, as amended).

Grant recipients are subject to all

Federal laws and Federal and

Commerce policies, regulations, and

procedures applicable to Federal

financial assistance awards.

Applicants are subject to a name

check review process. Name checks are

intended to reveal if any key individuals

associated with the recipient have been

convicted of, or are presently facing,

criminal charges such as fraud, theft,

perjury, or other matters that

significantly reflect on the recipient’s

management, honesty, or financial

integrity. A false statement on the

application is grounds for denial or

termination of funds and for possible

punishment by a fine or imprisonment

(18 U.S.C. 1001).

Unsatisfactory performance under

prior Federal awards may result in an

application not being considered for

funding.

No award of Federal funds shall be

made to an applicant who has an

outstanding delinquent Federal debt or

fine until: (a) The delinquent account is

paid in full; (b) a negotiated repayment

schedule is established and at least one

payment is received; or (c) other

arrangements satisfactory to Commerce

are made.

Applicants are hereby notified that

they are encouraged, to the extent
29354 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices

feasible, to purchase American-made

equipment and products with funding

under this program.

If applicants incur any costs prior to

an award being made, they do so solely

at their own risk of not being

reimbursed by the Government.

Notwithstanding any verbal or written

assurance that may have been received,

there is no obligation on the part of

Commerce to cover pre-award costs.

If an application is selected for

funding, Commerce has no obligation to

provide any additional future funding in

connection with that award.

Classification

This program has been determined to

be not significant for the purposes of

E.O. 12866.

Applications under this program are

subject to E.O. 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

The program is listed in the

‘‘Catalogue of Federal Domestic

Assistance’’ under No. 11.452, Unallied

Industry Projects.

This program contains a collection-ofinformation requirement subject to the

Paperwork Reduction Act (PRA). The

collection of this information has been

approved by OMB (OMB control

number 0648–0082). Public reporting

burden for preparation of the claim

application is estimated to be 10 hours

per response including the time for

reviewing instructions, gathering and

maintaining the documentation, and

completing and reviewing the collection

of information. Send comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing this burden, to NMFS (see

ADDRESSES). Other requirements

mentioned in the notice include Forms

424B and LLL, which are cleared under

OMB Control Numbers 0348–0040 and

0348–0046, respectively.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the PRA unless that

collection of information displays a

currently valid OMB control number.

Authority: Public Law 99–659 (16 U.S.C.

4107 et seq.); Public Law 102–396.

Dated: June 4, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 96–14591 Filed 6–7–96; 8:45 am]

BILLING CODE 3510–22–W

[I.D. 053096E]

Incidental Take of Marine Mammals;

Bottlenose Dolphins and Spotted

Dolphins

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of issuance of letters of

authorization.

SUMMARY: In accordance with the

Marine Mammal Protection Act

(MMPA) as amended, and implementing

regulations, notification is hereby given

that letters of authorization to take

bottlenose and spotted dolphins

incidental to oil and gas structure

removal activities were issued on May

31, 1996, to Chevron U.S.A., 935 Gravier

Street, New Orleans, LA 70112, and

Samedan Oil Corporation, 350

Glenborough, Houston, TX 77067.

EFFECTIVE DATE: The letters of

authorization are effective from May 31,

1996 through May 30, 1997.

ADDRESSES: The applications and letters

are available for review in the following

offices: Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910 and the Southeast

Region, NMFS, 9721 Executive Center

Drive N, St. Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT:

Kenneth R. Hollingshead, Office of

Protected Resources, NMFS, (301) 713–

2055 or Charles Oravetz, Southeast

Region (813) 570–5312.

SUPPLEMENTARY INFORMATION:

Section 101(a)(5)(A) of the MMPA (16

U.S.C. 1361 et seq.) directs NMFS to

allow, on request, the incidental, but not

intentional, taking of small numbers of

marine mammals by U.S. citizens who

engage in a specified activity (other than

commercial fishing) within a specified

geographical region, if certain findings

are made and regulations are issued.

Under the MMPA, the term ‘‘taking’’

means to harass, hunt, capture or kill or

to attempt to harass, hunt, capture or

kill marine mammals.

Permission may be granted for periods

up to 5 years if the Secretary of

Commerce finds, after notification and

opportunity for public comment, that

the taking will have a negligible impact

on the species or stock(s) of marine

mammals and will not have an

unmitigable adverse impact on the

availability of the species or stock(s) for

subsistence uses. In addition, NMFS

must prescribe regulations that include

permissible methods of taking and other

means effecting the least practicable

adverse impact on the species and its

habitat, and on the availability of the

species for subsistence uses, paying

particular attention to rookeries, mating

grounds and areas of similar

significance. The regulations must

include requirements pertaining to the

monitoring and reporting of such taking.

Regulations governing the taking of

bottlenose and spotted dolphins

incidental to oil and gas structure

removal activities in the Gulf of Mexico

were published on October 12, 1995 (60

FR 53139) and remain in effect until

November 13, 2000.

Summary of Request

NMFS received requests for letters of

authorization on May 8, 1996, from

Chevron U.S.A., and on May 17, 1996,

from Samedan Oil Corporation. These

letters request a take by harassment of

a small number of bottlenose and

spotted dolphins incidental to the above

mentioned activity. Issuance of these

letters of authorization is based on a

finding that the total takings will have

a negligible impact on the bottlenose

and spotted dolphin stocks of the Gulf

of Mexico.

Dated: June 4, 1996.

Patricia A. Montanio,

Acting Director, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 96–14592 Filed 6–7–96; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 052496B]

Marine Fisheries Advisory Committee;

Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: Notice is hereby given of

meetings of the Marine Fisheries

Advisory Committee (MAFAC) from

July 17 to July 19, 1996.

DATES: The meetings are scheduled as

follows:

1. July 17, 1996, 9 a.m. - 5 p.m.

2. July 18, 1996, 8:30 a.m. - 5 p.m.

3. July 19, 1996, 8:30 a.m. - 1 p.m.

ADDRESSES: The meeting will be held at

the Silver Spring Holiday Inn, 8777

Georgia Avenue, Silver Spring, MD.

Requests for special accommodations

may be directed to MAFAC, Office of

Management Information, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Richard Wheeler, Executive Secretary;

telephone: (301) 713–2252.