[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21044]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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DEPARTMENT OF DEFENSE
Department of the Army

 

Nominations to the Inland Waterways Users Board

AGENCY: Office, Assistant Secretary of the Army (Civil Works), DOD.

ACTION: Notice.

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SUMMARY: Section 302 of Public Law 99-662 established the Inland 
Waterways Users Board. The Board is an independent Federal advisory 
committee. Its eleven members are appointed by the Secretary of the 
Army. This notice replaces the notice with the same subject published 
in the Federal Register on 4 August 1994. That notice solicited 
nominations for five appointments or reappointments to two year terms 
that will begin January 1, 1995. Subsequent to the submission of the 
August 4, 1994 notice, a member of the Inland Waterways Users Board 
eligible for reappointment indicated he will decline reappointment. 
This notice modifies the solicitation of nominations to reflect this 
change and extends the date for submitting nominations until September 
19, 1994.

DATES: The effective date of this notice is August 19, 1994.

ADDRESSES: Office of the Assistant Secretary of the Army (Civil Works), 
Department of the Army, Washington, DC 20310-0103.

FOR FURTHER INFORMATION CONTACT:
Dr. John Zirschky, Acting Assistant Secretary of the Army (Civil 
Works), (703) 697-4671.

SUPPLEMENTARY INFORMATION: The selection, service and appointment of 
board members are covered by provisions of Section 302 of Public Law 
99-662. The substance of these provisions is as follows:

Selection

    Members are to be selected from the spectrum of commercial carriers 
and shippers using the inland and intracoastal waterways, to represent 
geographical regions and to be representative of waterway commerce as 
determined by commodity ton-mile statistics.

Service

    The Board is required to meet at least semi-annually to develop and 
make recommendations to the Secretary of the Army on waterways 
construction and rehabilitation priorities and spending levels for 
commercial navigation improvements, and report its recommendations 
annually to the Secretary and the Congress.

Appointment

    The operation of the Board and the appointment of its members are 
subject to the Federal Advisory Committee Act (Pub. L. 92-463 as 
amended) and Departmental implementing regulations. Members serve 
without compensation but their expenses due to board activities are 
reimbursable.
    The considerations specified in Section 302 for the selection of 
the Board members, and certain terms used therein, have been 
interpreted, supplemented, or otherwise clarified as follows:

Carriers and Shippers

    The law uses the terms ``primary users and shippers.'' Primary 
users has been interpreted to mean the providers of transportation 
services on inland waterways such as barge or towboat operators. 
Shippers has been interpreted to mean the purchasers of such services 
for the movement of commodities they own or control. Individuals are 
appointed to the Board, but they must be either a carrier or a shipper, 
or represent a firm that is a carrier or shipper. For that purpose a 
trade or regional association is neither a shipper or primary user.

Geographical Representation

    The law specifies ``various'' regions. For the purpose of selecting 
Board members, the waterways subjected to fuel taxes and described in 
Public Law 94-502, as amended, have been aggregated into six regions. 
These are: (1) The Upper Mississippi River and its tributaries above 
the mouth of the Ohio; (2) the Lower Mississippi River and its 
tributaries below the mouth of the Ohio and above Baton Rouge; (3) the 
Ohio River and its tributaries; (4) the Gulf Intracoastal Waterway in 
Louisiana and Texas; (5) the Gulf Intracoastal Waterway east of New 
Orleans and associated fuel-taxed waterways east of New Orleans and 
associated fuel-taxed waterways including Tennessee-Tombigbee, plus the 
Atlantic Intracoastal Waterway below Norfolk; and (6) the Columbia-
Snake River System and Upper Willamette. The intent is that each region 
shall be represented by at least one Board member, with that 
representation determined by the regional concentration of the 
individual's traffic on the waterways.

Commodity Representation

    Waterway commerce has been aggregated into six commodity categories 
based on ``inland'' ton-miles shown in Waterborne Commerce of the 
United States. In rank order they are: (1) Farm and Food Products; (2) 
Coal and Coke; (3) Petroleum, Crude and Products; (4) Minerals, Ores, 
and Products; (5) Chemicals and Allied Products; and (6) All other.
    A consideration in the selection of Board members will be, that the 
commodities carried or shipped by those individuals or their firms will 
be reasonably representative of the above commodity categories.
    Reflecting preceding selection criteria, the present representation 
by Board members is as follows:
    The five members whose terms expire December 31, 1994, include one 
shipper representative representing the Upper Mississippi River Region 
(Region 1) and farm and food products, ethanol and coal; one shipper 
representative representing the Lower Mississippi River Region (Region 
2), and farm and food products; one carrier representative representing 
the Gulf Intracoastal Waterway in Louisiana and Texas (Region 4), and 
petroleum and petroleum products; one carrier representative 
representing the Ohio River Region (Region 3), and coal and coke, 
minerals, and metals, petroleum and petroleum products, farm and food 
products and chemicals; and one carrier representative representing the 
Columbia-Snake River System and Upper Willamette (Region 6), and farm 
and food products, petroleum products, chemicals, containers, and 
forest products. The members representing Regions 2, 3 and 6 area 
eligible for reappointment. However, the member representing Region 6 
has indicated that he will decline reappointment to the Board.
    The six members whose terms expire December 31, 1995, include three 
shipper representatives representing (1) the Lower Mississippi River 
(Region 2), and farm and food products, (2) the Ohio River (Region 3), 
and coal, and (3) the East Gulf region (Region 5), and coal; two 
carrier representatives representing the Ohio River Region (Region 3), 
and farm and food products, coal, petroleum, chemicals, minerals and 
metals; and one shipper/carrier representative representing the Ohio 
River Region (Region 3), and coal.
    Nominations to replace members whose terms expire December 31, 
1994, may be made by individuals, firms, or associations. Nominations 
should state the region to be represented and whether the nominee is to 
represent carriers or shippers. Information should be provided on the 
nominee's personal qualifications and the commercial operations of the 
carrier and/or shipper with whom the nominee associated. The latter 
information should show the actual or estimated ton-miles of 
commodities carried or shipped on inland waterways in a recent year (or 
years) using the waterway regions and commodity categories previously 
listed.
    Nominations received in response to last year's Federal Register 
notice published on August 9, 1993, have been retained for 
consideration for reappointment along with nominations received in 
response to this Federal Register notice. Renomination is not required 
but may be desirable.

Deadline for Nominations

    All nominations must be received at the address provided in this 
notice not later than September 19, 1994.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-21044 Filed 8-24-94; 8:45 am]
BILLING CODE 3710-92-M