Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27793

Branch (M–86.2), Accounting

Operations Division, Office of the

Secretary, room 2228, Department of

Transportation, 400 Seventh Street, SW,

Washington, DC 20590.

(b) Payment of a civil penalty assessed

in a final order issued under § 190.213

or affirmed in a decision on a petition

for reconsideration must be made

within 20 days after receipt of the final

order or decision. Failure to do so will

result in the initiation of collection

action, including the accrual of interest

and penalties, in accordance with 31

U.S.C. 3717 and 49 CFR part 89.

PART 191—[AMENDED]

1. The authority citation for Part 191

continues to read as follows:

Authority: 49 U.S.C. 5121, 60102, 60103,

60104, 60108, 60117, 60118, and 60124; and

49 CFR 1.53.

2. Section 191.1 is amended by

revising paragraph (b)(1) to read as

follows:

§ 191.1 Scope.

* * * * *

(b) * * *

(1) Offshore gathering of gas upstream

from the outlet flange of each facility

where hydrocarbons are produced or

where produced hydrocarbons are first

separated, dehydrated, or otherwise

processed, whichever facility is farther

downstream; or

* * * * *

PART 192—[AMENDED]

1. The authority citation for Part 192

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60109, 60110, 60113, and 60118; and

49 CFR 1.53.

2. Section 192.513 is amended by

revising paragraphs (c) and (d) to read

as follows:

§ 192.513 Test requirements for plastic

pipelines.

* * * * *

(c) The test pressure must be at least

150 percent of the maximum operating

pressure or 50 psig, whichever is

greater. However, the maximum test

pressure may not be more than three

times the pressure determined under

§ 192.121, at a temperature not less than

the pipe temperature during the test.

(d) During the test, the temperature of

thermoplastic material may not be more

than 38 °C (100N F), or the temperature

at which the material’s long-term

hydrostatic strength has been

determined under the listed

specification, whichever is greater.

PART 193—[AMENDED]

1. The authority citation for part 193

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60103,

60104, 60108, 60109, 60110, and 60113;

60118; and 49 CFR 1.53.

2. Section 193.2819 is amended by

revising paragraph (f) to read as follows:

§ 193.2819 Gas detection.

* * * * *

(f) All enclosed buildings that house

a flammable fluid or are connected by

piping or uninterrupted conduit to a

source of flammable fluid must be

continuously monitored for the

presence of flammable gases and vapors

with a fixed flammable gas detection

system that provides a visible or audible

alarm outside the enclosed building.

The systems must be provided and

maintained according to the applicable

requirements of ANSI/NFPA 59A.

3. Section 193.2907 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 193.2907 Protective enclosure

construction.

(a) Each protective enclosure must

have sufficient strength and

configuration to obstruct unauthorized

access to the facilities enclosed.

(b) Openings in or under protective

enclosures must be secured by grates,

doors or covers of construction and

fastening of sufficient strength such that

the integrity of the protective enclosure

is not reduced by any opening.

* * * * *

Issued in Washington DC, on May 23,

1996.

Kelley S. Coyner,

Acting Deputy Administrator, Research and

Special Programs Administration.

[FR Doc. 96–13770 Filed 5–31–96; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 216 and 247

[Docket No. 960516135–6135–01; I.D.

051096A]

RIN 0648–AF08

Taking and Importing of Marine

Mammals; Dolphin Safe Tuna Labeling;

Regulation Consolidation

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: This rule consolidates

existing regulations regarding dolphin

safe tuna labeling and corrects an

address in the regulations. This action is

part of the President’s regulatory reform

initiative.

EFFECTIVE DATE: June 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Wanda L. Cain, Office of Protected

Resources, NMFS, 301–713–2055.

SUPPLEMENTARY INFORMATION:

On September 19, 1991 (56 FR 47424),

NMFS published an interim final rule

implementing dolphin safe tuna

labeling requirements of the Dolphin

Protection Consumer Information Act,

16 U.S.C. 1385. To consolidate

regulations under the President’s

regulatory reform initiative, NMFS is

recodifying regulations governing the

requirements for the dolphin safe

labeling of tuna as subpart H of part 216.

In addition, a new paragraph is added

to § 216.24 to reference subpart H in

order to make importers aware of

dolphin safe tuna labeling requirements.

In this rule, NMFS also removes the

address of the Director, Southwest

Region, from the footnote to § 261.24

(e)(3)(iii).

Classification

This rule has been determined to be

not significant for purposes of E.O.

12866.

The Assistant Administrator for

Fisheries, NOAA, under 5 U.S.C.

553(b)(B) and (d)(3), for good cause

finds that because this rule makes only

nonsubstantive changes to existing

regulations that were issued pursuant to

notice-and-comment procedures, it is

not necessary to provide advance notice

and opportunity for public comment or

to delay its effectiveness for 30 days.

List of Subjects

50 CFR Part 216

Administrative practice and

procedure, Exports, Imports, Indians,

Marine mammals, Penalties, Reporting

and recordkeeping requirements,

Transportation.

50 CFR Part 247

Exports, Fish, Labeling, Marine

mammals, Penalties, Reporting and

recordkeeping requirements, Seafood.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR parts 216 and, under

authority of 16 U.S.C. 1385 et seq., 247

are amended as follows:
27794 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations

PART 216—REGULATIONS

GOVERNING THE TAKING AND

IMPORTING OF MARINE MAMMALS

1. The authority citation for part 216

continues to read as follows:

Authority: 16 U.S.C. 1361 et seq., unless

otherwise noted.

2. In § 216.3, the definition for

‘‘Assistant Administrator’’ is revised,

the definition of ‘‘Regional Director’’ is

removed, and definitions for ‘‘Fisheries

Certificate of Origin’’, ‘‘Label’’,

‘‘Director, Southwest Region’’, and

‘‘Tuna product’’ are added

alphabetically to read as follows:

§ 216.3 Definitions.

* * * * *

Assistant Administrator means the

Assistant Administrator for Fisheries,

National Marine Fisheries Service,

National Oceanic and Atmospheric

Administration, Silver Spring, MD

20910, or his/her designee.

* * * * *

Director, Southwest Region means the

Director, Southwest Region, NMFS, 501

W. Ocean Blvd., Long Beach, CA 90802,

or his/her designee.

* * * * *

Fisheries Certificate of Origin means

NOAA Form 370, as described in 50

CFR 216.24(e)(3)(iii).

* * * * *

Label means a display of written,

printed, or graphic matter on or affixed

to the immediate container of any

article.

* * * * *

Tuna product means any food

product processed for retail sale and

intended for human or animal

consumption that contains an item

listed in § 216.24(e)(2)(i) or (ii), but does

not include perishable items with a

shelf life of less than 3 days.

* * * * *

3. In § 216.24, the terms ‘‘NMFS

Southwest Regional Director’’,

‘‘Regional Director’’, ‘‘Regional Director

of the Southwest Region’’, ‘‘Regional

Director, National Marine Fisheries

Service’’, ‘‘Regional Director, Southwest

Region’’, ‘‘Regional Director, Southwest

Region, NMFS’’, and ‘‘Southwest

Regional Director’’ are removed and the

words ‘‘Director, Southwest Region’’ are

added in its place, each place it occurs.

4. In § 216.24(e)(3)(i), paragraph (E) is

added to read as follows:

§ 216.24 Taking and related acts incidental

to commercial fishing operations.

* * * * *

(e) * * *

(3) * * *

(i) * * *

(E) Tuna or tuna products sold in or

exported from the United States that

suggest the tuna was harvested in a

manner not injurious to dolphins are

subject to the requirements of subpart H.

* * * * *

5. In § 216.24(e)(3)(iii), the footnote is

revised to read as follows: 1 Copies of the form are available from

the Director, Southwest Region (see

§ 216.3).

6. Subpart H is added to read as

follows:

SUBPART H—DOLPHIN SAFE TUNA

LABELING

Sec.

216.90 Purpose.

216.91 Labeling requirements.

216.92 Purse seine vessels greater than 400

short tons (362.8 metric tons).

216.93 Submission of documentation.

216.94 Requests to review documents.

216.95 False statements or endorsements.

Authority: 16 U.S.C. 1385.

§ 216.90 Purpose.

This subpart governs the requirements

for labeling of tuna or tuna products

sold in or exported from the United

States that suggest the tuna was

harvested in a manner not injurious to

dolphins.

§ 216.91 Labeling requirements.

It is a violation of section 5 of the

Federal Trade Commission Act (15

U.S.C. 45) for any person subject to U.S.

jurisdiction, including any producer,

exporter, importer, distributor, or seller

of any tuna product exported from the

United States or offered for sale in the

United States to include on the label of

that product the term ‘‘dolphin safe’’ or

any other term, phrase, or symbol that

claims or suggests that the tuna

contained in the product was harvested

using a fishing method that is not

harmful to dolphins, if the product:

(a) Contains tuna harvested with a

large-scale driftnet; or

(b) Contains tuna harvested in the

ETP by a purse seine vessel 400 short

tons (362.8 metric tons) carrying

capacity or greater and is labeled in a

manner that violates the standards set

forth in § 216.92 or § 216.93.

§ 216.92 Purse seine vessels greater than

400 short tons (362.8 metric tons).

For purposes of § 216.91(b), any tuna

product containing tuna that were

harvested in the ETP by a purse seine

vessel 400 short tons (362.8 metric tons)

carrying capacity or greater, must be

accompanied by:

(a) A completed Fisheries Certificate

of Origin;

(b) A written statement by the captain

of each vessel that harvested the tuna,

certifying that the vessel did not

intentionally deploy a purse seine net

on or to encircle dolphins at any time

during the trip;

(c) A written statement certifying that

an observer, employed by or working

under contract with the Inter-American

Tropical Tuna Commission or the

Secretary, was on board the vessel

during the entire trip and that the vessel

did not intentionally deploy a purse

seine net on or to encircle dolphin at

any time during the trip. The statement

must be signed by either:

(1) The Secretary; or

(2) A representative of the InterAmerican Tropical Tuna Commission;

and

(d) An endorsement on the Fisheries

Certificate of Origin by each exporter,

importer, and processor certifying that,

to the best of his or her knowledge and

belief, the Fisheries Certificate of Origin

and attached documentation, accurately

describe the tuna products.

§ 216.93 Submission of documentation.

The documents required by § 216.92

must accompany the tuna product

whenever it is offered for sale or export,

except that these documents need not

accompany the product when offered

for sale if:

(a) The documents do not require

further endorsement by any importer or

processor, and are submitted to officials

of the U.S. Customs Service at the time

of import; or

(b) The documents are endorsed as

required by § 216.92(d) and delivered to

the Director, Southwest Region, or to the

U.S. Customs Service at the time of

exportation.

§ 216.94 Requests to review documents.

At any time, the Assistant

Administrator may request, in writing,

any exporter, importer, processor,

distributor, or seller of any tuna or tuna

product labeled in a manner subject to

the requirements of § 216.91, to

produce, within a specified time period,

all documentary evidence concerning

the origin of any product that is offered

for sale as ‘‘dolphin safe,’’ including the

original invoice.

§ 216.95 False statements or

endorsements.

Any person who knowingly and

willfully makes a false statement or false

endorsement required by § 216.92 is

liable for a civil penalty not to exceed

$100,000, that may be assessed in an

action brought in any appropriate

District Court of the United States on

behalf of the Secretary.
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27795

PART 247—DOLPHIN SAFE TUNA

LABELING

7. Under the authority of 16 U.S.C.

1385, part 247 is removed.

[FR Doc. 96–13743 Filed 5–31–96; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 620

[Docket No. 960126016–6149–05; I.D.

052196G]

General Provisions for Domestic

Fisheries; Amendment to Closure for

American Lobster in Block Island

Sound

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

amendment.

SUMMARY: In response to a request from

the State of Rhode Island, NMFS is

amending the emergency interim rule

that closed a portion of Federal waters

off the coast of the State of Rhode Island

in Block Island Sound to fishing and

possession of lobsters subsequent to an

oil spill. This amendment reduces

further the area in which fishing for or

possessing lobsters is prohibited.

EFFECTIVE DATE: May 29, 1996 through

July 23, 1996.

FOR FURTHER INFORMATION CONTACT:

Daniel Morris at (508) 281–9388.

SUPPLEMENTARY INFORMATION: On

January 19, 1996, an oil barge grounded

and spilled more than 800,000 gallons

(3.0 million liters) of heating oil into the

waters of Block Island Sound, RI. On

January 26, 1996, NMFS, at the request

of and in conjunction with the State of

Rhode Island, prohibited the harvest of

seafood from an area of approximately

250 square miles (647 square km) in

Block Island Sound. The original area of

closure was announced and defined in

an emergency interim rule published in

the Federal Register on February 1,

1996 (61 FR 3602).

On March 13, 1996, NMFS opened the

entire area to fishing for and landing

finfish and squid by gear types other

than bottom trawl gear. This same

action, published in the Federal

Register on March 19, 1996 (61 FR

11164), expanded by approximately 28

square miles (72 square km) the area in

which fishing for and landing lobsters,

clams, and crabs were prohibited.

Throughout the expanded closed area

the use of lobster traps, bottom trawl or

dredge gear was prohibited.

On April 9, 1996, the closure was

amended further to allow all fishing to

resume, with the exception of lobstering

in an area of approximately 42 square

miles (109 square km) to the east and

north of Block Island, RI. This action

was published in the Federal Register

on April 15, 1996 (61 FR 16401).

On April 24, 1996, testing of lobsters

from the closed Federal area determined

that evidence of oil adulteration persists

in some of the samples. Therefore, the

State requested that the Federal closure,

which was due to expire on May 1,

1996, be extended. NMFS complied

with the State’s request and extended

the closure’s effective date from May 1,

1996, through July 23, 1996 (61 FR

20175, May 6, 1996).

Following the oil spill, State officials,

in consultation with Federal agencies

and the responsible party, developed a

protocol for reopening fisheries in the

affected area. The protocol sets

sampling, inspection, and analysis

standards, which, if met, would ensure

that seafood is wholesome and would

provide a basis for reopening fisheries.

In accordance with the protocol, State

and Federal agencies have been testing

the water and marine life in and around

the closed area since the closure began.

Seafood species have been subjected to

inspection by sensory experts and

chemical analysis. Though all seafood

from the area has been determined to be

safe for consumption, certain lobsters

from one particular sector still show

some evidence of oil adulteration.

Therefore, NMFS, at the request of the

State, is opening all areas to all fishing

with the exception of the one sector

(described below) where oil adulteration

has been detected in lobsters. No person

may fish for, possess, or land American

lobsters from the closed area.

In order to avoid conflict with other

amendments to § 620.7, the text of

former paragraph (i) of that section is

now placed in paragraph (m) of that

section.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that this rule is necessary to respond to

an emergency situation and is consistent

with the Magnuson Fishery

Conservation and Management Act and

other applicable law.

Testing has determined that

consumption of seafood from a portion

of the area closed prior to this action

does not pose a threat to human health.

Fishermen who operate in the area

would suffer severe economic hardship

unnecessarily if the current prohibition

were to remain in effect. Hence, the AA

finds that the foregoing constitutes good

cause to waive the requirement to

provide prior notice and the

opportunity for public comment,

pursuant to authority set forth at 5

U.S.C. 553(b)(B), as such procedures

would be contrary to the public interest.

Further, as this provision relieves a

restriction, it is made effective

immediately pursuant to authority at 5

U.S.C. 553(d)(1).

This emergency rule has been

determined to be not significant for the

purposes of E.O. 12866.

This emergency rule is exempt from

the procedures of the Regulatory

Flexibility Act because this rule is not

required to be issued with prior notice

and opportunity for public comment.

List of Subjects in 50 CFR Part 620

Fisheries, Fishing.

Dated: May 28, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 620 is amended

as follows:

PART 620—GENERAL PROVISIONS

FOR DOMESTIC FISHERIES

1. The authority citation for part 620

continues to read as follows:

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

2. In § 620.7, paragraph (i) revised at

61 FR 16401, April 15, 1996, effective

from April 19, 1996 through May 1,

1996, and extended at 61 FR 20175, May

6, 1996 from May 1, 1996 through July

23, 1996 is removed and paragraph (m)

is added to read as follows:

§ 620.7 General prohibitions.

* * * * *

(m) Fish for American lobsters in, or

possess or land American lobsters from,

the Federal waters of Block Island

Sound bounded as follows: From the

point where LORAN line 14470

intersects with the 3-nautical mile (6-

km) line south of Point Judith, RI,

proceeding south-southeasterly to its

intersection with the 43920 line, thence

southwesterly along the 43920 line to its

intersection with the 3-nautical mile (6-

km) line northeast of Block Island, RI,

thence northerly along said 3-nautical

mile (6-km) line to the northern

intersection of the 3-nautical mile (6-

km) line and the 14530 line, thence

northwesterly along the 14530 line to

the intersection of the 3-nautical mile

(6-km) line, thence northeasterly along

the 3-nautical mile (6-km) line to the

starting point.

[FR Doc. 96–13702 Filed 5–29–96; 11:32 pm]

BILLING CODE 3510–22–M