[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6322-6323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3628]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 296

[Docket No. 951207292-5292-1; I.D. 102595A]
RIN 0648-AI55


Fishermen's Contingency Fund; Simplification of Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS amends the Fishermen's Contingency Fund (FCF) regulations 
for purposes of clarification and simplification in accordance with the 
President's Regulatory Reform Initiative.

EFFECTIVE DATE: February 20, 1996.

ADDRESSES: Michael L. Grable, Chief, Financial Services Division, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Charles L. Cooper, Program Leader, 
301-713-2396.

SUPPLEMENTARY INFORMATION: Title IV of the Outer Continental Shelf 
Lands Act Amendments (43 U.S.C. 1841 et seq.) established the FCF to 
compensate commercial fishermen for property or economic loss caused by 
oil and gas activities on the U.S. Outer Continental Shelf. The FCF 
comprises assessments collected from offshore energy interests.
    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory Reform 
Initiative. This initiative is part of the National Performance Review 
and calls for immediate, comprehensive regulatory reform. The President 
directed all agencies to undertake an exhaustive review of all their 
regulations with an emphasis on eliminating or modifying those that are 
obsolete or otherwise in need of reform. In response to this 
initiative, FCF regulations were reviewed to determine how they could 
be reformed. This rule implements the results of that review by making 
several changes to the FCF regulations. Regulatory provisions that do 
not facilitate accurate and expeditious adjustment of claims as well as 
those that impose unnecessary burdens upon claimants have been dropped. 
Program addresses and phone numbers have been updated. Program 
procedures have been streamlined by dropping regulatory provisions that 
stated that the amounts awarded in an initial determination would be 
disbursed only after the claimant (1) stated in writing that he/she 
would not appeal the initial determination, (2) signed an agreement to 
repay any subsequent reduction of the award, and (3) signed an 
agreement assigning his/her rights against those causing the casualty 
to NMFS. NMFS will incorporate agreements (2) and (3) into the 
application, thereby expediting the payment of claims. The claimant's 
right to appeal the initial determination within 30 days is preserved 
in the regulations, whether the amount awarded has been disbursed or 
not.

Classification

    Because this rule only simplifies existing regulations without 
making any substantive changes, no useful purpose would be served by 
providing prior notice and opportunity for comment on this rule. 
Accordingly, under 5 U.S.C. 553(b)(B), it is unnecessary to provide 
such notice and opportunity for comment. Also, because this rule is 
only administrative in nature and is not a substantive rule it is not 
subject to the 30-day delay in effective date provision of 5 U.S.C. 
533(d). As such, this rule is effective upon publication.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 296

    Claims, Continental shelf, Fisheries, Fishing vessels, Oil and gas 
exploration, Reporting and recordkeeping requirements.

    Dated: February 12, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 296 is amended 
as follows:

PART 296--FISHERMEN'S CONTINGENCY FUND

    1. The authority citation for part 296 continues to read as 
follows:

    Authority: Public Law 97-212 (43 U.S.C. 1841 et seq.).

    2. Section 296.2 is amended in the definition for ``Area affected 
by Outer Continental Shelf activities'' by redesignating paragraphs (a) 
and (b) as paragraphs (1) and (2), respectively; in the definition for 
``Negligence or fault'' by redesignating paragraphs (a) through (e) as 
paragraphs (1) through (5), respectively; and by revising the 
definition for ``Chief, FSD'' to read as follows:


Sec. 296.2  Definitions.

* * * * *
    Chief, FSD means Chief, Financial Services Division, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910; telephone: (301) 713-2396.
* * * * *


Sec. 296.4  [Amended]

    3. In Sec. 296.4, paragraphs (c) and (d) are removed, and paragraph 
(e) is redesignated as paragraph (c).
    4. In Sec. 296.5, paragraph (a)(3) is removed and paragraph (a)(4) 
is redesignated as paragraph (a)(3); in paragraph (e)(6)(ii) the word 
``hauled'' is removed and the word ``deployed'' is added in its place; 
and paragraph (a)(2) is amended by removing the phrase ``The fifteen-
day report must be made to one of the following NMFS Offices:'' and the 
list that follows it and adding the following sentence in its place:


Sec. 296.5  Instructions for filing claims.

    (a) * * *
    (2) * * * The fifteen-day report must be made to the Chief, 
Financial Services Division, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396.
* * * * *


Sec. 296.6  [Amended]

    5. In Sec. 296.6, in paragraph (b)(1), the phrase ``Convert the 
casualty coordinates into latitude and longitude,'' is removed and the 
word ``plot'' is capitalized.
    6. Section 296.13 is revised to read as follows:


Sec. 296.13  Payment of award for claim.

    (a) Upon an initial determination, the Chief, Financial Services 
Division, shall immediately disburse the claim awarded if the claimant 
signed as part of his/her application a statement 

[[Page 6323]]
agreeing to repay all or any part of the award if the award should for 
any reason be subsequently reduced.
    (b) [Reserved]
    7. In Sec. 296.14, paragraph (a) introductory text is revised to 
read as follows:


Sec. 296.14  Subrogation.

    (a) The claim application will contain a subrogation statement 
signed by the claimant as a condition of payment of the claim which:
* * * * *
[FR Doc. 96-3628 Filed 2-16-96; 8:45 am]

BILLING CODE 3510-22-F