[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Proposed Rules]
[Pages 72302-72310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 991207325-9325-01; I.D. 100699A]
RIN 0648-AJ52


Fisheries in the Exclusive Economic Zone Off Alaska; A Cost 
Recovery Program for the Individual Fishing Quota Program

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

ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS proposes regulations to implement cost recovery for the 
Individual Fishing Quota (IFQ) program for fixed gear halibut and 
sablefish fisheries in waters in and off of Alaska (IFQ Program). 
Section 304(d) of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) requires the Secretary of 
Commerce (Secretary) to collect fees to recover actual costs incurred 
for Federal management and enforcement of these IFQ fisheries. This 
action is intended to collect such fees.

DATES: Comments on the proposed rule must be received at the following 
address not later than January 26, 2000.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional

[[Page 72303]]

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668 Juneau, AK 99802-1668, Attn: Lori J. Gravel. Hand 
deliveries or courier deliveries of comments may be sent to the Federal 
Building, 709 West 9th Street, Room 453, Juneau, AK 99801. 
Copies of the environmental assessment/regulatory impact review/initial 
regulatory flexibility analysis (EA/RIR/IRFA) prepared for this action 
may be obtained from the address provided here. Send comments on 
collection-of-information requirements to the same address and to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk 
Officer). Comments will not be accepted if submitted via
    e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Dr. John T. Sproul, 907-586-7228.

SUPPLEMENTARY INFORMATION: Section 304(d)(2)(A) of the Magnuson-Stevens 
Act requires the Secretary to ``collect a fee to recover the actual 
costs directly related to the management and enforcement of any * * * 
individual fishing quota program.'' Section 304(d)(2)(B) of the 
Magnuson-Stevens Act specifies an upper limit on these fees, when the 
fees must be collected, and where the fees must be deposited. Section 
303(d)(4) of the Magnuson-Stevens Act allows NMFS to reserve up to 25 
percent of the fees collected for use in an IFQ loan program to aid in 
financing the purchase of IFQ or quota share (QS) by entry-level and 
small-vessel fishermen.
    The proposed rule would recover costs for the IFQ Program only. 
NMFS intends to implement cost recovery for the Community Development 
Quota (CDQ) program through separate rulemaking.
    The Magnuson-Stevens Act specifies the following with respect to 
the imposition of IFQ cost-recovery fees:
    1. Fees must recover actual costs directly related to actual 
enforcement and management of the IFQ Program;
    2. Fees must not exceed 3 percent of ex-vessel value;
    3. Fees are in addition to any other fees charged under the 
Magnuson-Stevens Act;
    4. With the exception of money reserved for the IFQ loan program, 
fees must be deposited in the Limited Access System Administrative Fund 
(LASAF) in the U.S. Treasury; and
    5. Fees must be collected at either the time of a legal landing of 
halibut or sablefish, filing of a landing report, or sale of such fish 
during a fishing season or in the last quarter of the calendar year in 
which the fish is harvested.

Background

    NMFS, Alaska Region, administers the IFQ Program. The IFQ Program 
is a limited access system authorized by section 303(b) of the 
Magnuson-Stevens Act and the Northern Pacific Halibut Act of 1982. NMFS 
implemented the IFQ Program in March 1995. Regulations implementing the 
IFQ Program are set forth at 50 CFR part 679.
    In 1998, NMFS developed this IFQ cost recovery proposal in 
accordance with the Magnuson-Stevens Act and with participation by the 
IFQ/CDQ Fee Collection Committee (Committee) comprised of stakeholder 
representatives appointed by the North Pacific Fishery Management 
Council (Council), the Council's Advisory Panel (AP), the full Council, 
and the general public.
    In August 1998, NMFS identified an initial preferred alternative 
for the proposal, which included: (1) imposing on IFQ permit holders 
the responsibility of collecting and submitting IFQ fees to NMFS, (2) 
requiring registered buyers to provide NMFS with additional value and 
volume reports for developing standard prices, and (3) basing cost 
recovery fees on ex-vessel value as determined by the standard prices 
developed by NMFS.
    NMFS presented a status report of the proposal to the Council and 
AP at their meetings in October 1998. At that time, the AP expressed 
concern that standard prices could differ greatly from the actual 
prices fishermen received for their fish. If the standard price were 
greater than the actual price received by fishermen, the use of NMFS 
standard prices would inflate the fees. The AP and Council recommended 
that NMFS revise the proposal to include a mechanism for basing fees on 
actual ex-vessel values. The Council also recommended that the proposal 
include an appeals process.
    In response to these recommendations, NMFS has designed this 
proposed rule to require payment of fees based on standard ex-vessel 
value unless the IFQ permit holder can demonstrate a different actual 
ex-vessel value. The proposed rule includes an appeals process. The 
proposed rule would require IFQ permit holders to collect and submit 
fees associated with IFQ halibut and IFQ sablefish landings. It would 
also require IFQ registered buyers to submit information on the value 
and volume of purchased IFQ landings.

Cost Recovery Program Description

    An IFQ permit holder would incur a cost recovery fee liability for 
every pound of IFQ halibut and sablefish that he or she lands. The IFQ 
permit holder would be responsible for self-collecting his or her own 
fee liability for all his or her IFQ halibut and IFQ sablefish 
landings. The IFQ permit holder would be responsible for submitting 
this payment to NMFS on or before the due date of January 31 following 
the year in which the landings were made. The dollar amount of the fee 
due would be determined by multiplying the IFQ fee percentage 
(approximately 3 percent) by the ex-vessel value of each IFQ landing 
made on a permit and summing the totals of each permit (if more than 
one).

Fee Percentage

    Three percent of the ex-vessel value of fish harvested under an IFQ 
program is the maximum fee amount allowed by section 304(d)(2)(B) of 
the Magnuson-Stevens Act. This proposed rule would allow the Regional 
Administrator to reduce the fee percentage if actual management and 
enforcement costs could be recovered through a lesser percentage. NMFS 
will not know the actual annual costs of the IFQ Program until after 
the end of the Federal fiscal year (September 30). After that time, the 
Regional Administrator could reduce the fee percentage for that year to 
reflect more closely the actual IFQ-related management and enforcement 
costs for the past Federal fiscal year. However, in order to budget, 
fishermen need to know at the time of sale the maximum fee percentage 
that could apply to their IFQ landings made from March (season opening) 
through September (Federal fiscal year-end). The proposed rule would 
set the applicable fee percentage at 3 at the start of each year but 
would allow the Regional Administrator to reduce the fee percentage if 
management and enforcement costs could be recovered for a lessor 
percentage. During the development of this proposed rule, 
representatives of the halibut and sablefish fisheries suggested that 
many IFQ fishermen experience constraints in capital availability 
during the fishing season. If NMFS were to set a low percentage at the 
beginning of the fishing season that subsequently had to be increased, 
small-scale fishermen whose budgets were based on the lower percentage 
could experience negative economic consequences. Because fees are not 
due until January 31 of the following year, NMFS believes that for 
budget purposes it is preferable to establish a 3-percent fee that 
could be adjusted downward, based upon certain types of information, 
between October and December to reflect the actual costs incurred 
during the previous Federal fiscal year.

[[Page 72304]]

    NMFS seeks public comment on the provision in the proposed rule to 
establish an initially ``high'' fee (e.g., 3 percent) that could be 
adjusted downward by the Regional Administrator in mid-season. NMFS 
requests public comment comparing this proposed approach with an 
alternative that would establish an initially ``low'' fee percentage 
(e.g., 2 percent) that could be adjusted upward by the Regional 
Administrator in mid-season.
    NMFS would encourage IFQ permit holders to set aside the amount of 
the fees throughout the fishing year in order to facilitate a lump sum 
payment by January 31 of the following calendar year. Early payments 
would be allowed but would not relieve a permit holder of associated 
reporting requirements.

Calculating Ex-vessel Value

    The ex-vessel value of an IFQ landing would equal the sum of all 
payments of monetary worth made to fishermen for the sale of the fish. 
This would include any retro-payments (e.g., bonuses, delayed partial 
payments, post-season payments) made to the IFQ permit holder for 
previously landed halibut or sablefish. Retro-payments would be part of 
the ex-vessel value and as such have a fee liability. If they were 
received after the initial payment, but during the same calendar year, 
the cost recovery fee for those retro-payments also would be due by the 
following January 31. If retro-payments were received by IFQ permit 
holders during the year following the IFQ fishing season when those 
fish were landed, then cost recovery fees associated with those post-
season retro-payments would be due the next January 31.

Ex-vessel Value: Standard Versus Actual

    Throughout this discussion, ``value'' refers to the worth, in U.S. 
dollars, of any amount of landed IFQ halibut or IFQ sablefish as 
determined by the sale, or potential economic return for the sale, of 
those fish. ``Price'' is the worth in U.S. dollars, for 1 lb (0.45 kg) 
of landed IFQ fish. Therefore, in this context, value and price only 
mean the same thing when describing the worth of 1 lb (0.45 kg) of IFQ 
fish when sold.
    For purposes of calculating IFQ cost recovery fees, NMFS would 
distinguish between two types of ex-vessel value: ``actual ex-vessel 
value'' and ``standard ex-vessel value.'' ``Actual ex-vessel value'' 
would be the amount of money an IFQ permit holder received as payment 
for his or her IFQ fish sold. This proposed rule would establish 
``standard ex-vessel values'' as the default values on which to base 
fee liability calculations. However, IFQ permit holders would have the 
option of using ``actual ex-vessel value'' if they could satisfactorily 
document those values.

Fees Based on Standard Ex-vessel Value

    In order to calculate standard ex-vessel values, NMFS would require 
IFQ registered buyers operating as shoreside processors to submit 
reports on the value and volume of IFQ landings. From the information 
contained in these reports, NMFS would extract standard prices, broken 
down by species, port or port group, and date. NMFS would use these 
standard prices to calculate standard ex-vessel values pursuant to the 
process described below.

IFQ Buyer Report

    An IFQ registered buyer that also operates as a shoreside processor 
that receives and purchases IFQ fish landings would be required to 
complete and submit to NMFS by October 15 each year an IFQ registered 
buyer report (IFQ Buyer Report) that contained information regarding 
volume and value of IFQ landings by month, port, and IFQ registered 
buyer. NMFS would use information provided in these report to determine 
IFQ standard prices.
    The IFQ Buyer Report would be based upon a reporting period from 
October 1 of the previous year to September 30 of the current year in 
order to allow NMFS to calculate standard prices and ex-vessel values 
before December 15. The information entered on the IFQ Buyer Report for 
January and February would relate to retro-payments made during those 
months by the registered buyer for IFQ landings that actually occurred 
during the previous calendar year. Similarly, information provided on 
the IFQ Buyer Report for October, November, and December would pertain 
to IFQ landings made in the calendar year prior to the report's due 
date (October 15).
    These proposed new recordkeeping and reporting requirements are 
specified in the proposed regulations at Sec. 679.5(1)(7).

NMFS Standard Price List

    Based on the information received in the IFQ Buyers Report, NMFS 
would annually calculate and publish in the Federal Register a list of 
IFQ standard prices broken down by IFQ species, month, and port or port 
group.
    These standard prices would remain in effect until changed by the 
Regional Administrator through publication in the Federal Register the 
following year. The Regional Administrator would revise the standard 
prices annually based on information regarding current volume and value 
provided by IFQ registered buyers operating as shoreside processors. 
The IFQ standard prices would be calculated by NMFS to reflect as 
closely as practical the seasonal and regional variations in the actual 
ex-vessel prices of IFQ species.
    The information that would be reviewed by the Regional 
Administrator to determine IFQ standard prices would include the 
following:
    (1) Landed pounds by species, port or port-group, and date;
    (2) Total ex-vessel value by species, port or port-group, and date; 
and
    (3) Price adjustments based on retro-payments.

Estimated Fee Based on Standard Ex-vessel Value

    Using the IFQ Buyer Report and NMFS standard prices, NMFS would 
calculate standard ex-vessel values for all IFQ landings. Each year by 
December 31, NMFS would send each IFQ permit holder a multi-paged IFQ 
Fee Submission Form and a separate one-page IFQ Landing Summary and 
Estimated Fee Liability Form. The multi-paged Fee Submission Form would 
be completed by the IFQ permit holder. The one-page fee Estimate Form 
would be completed by NMFS and would reflect NMFS' calculations of the 
permit-holder's fee liability based on the amount of pounds landed and 
NMFS' standard ex-vessel values.
    The one-page Fee Estimate Form would specify the number of IFQ 
pounds landed by species and area, the date of landing, the NMFS 
standard price per pound for those landings, the calculated standard 
ex-vessel value of the landings, the IFQ fee percentage, and the 
estimated fee liability for such landed IFQ pounds. The Fee Estimate 
Form would document standard ex-vessel values for all recorded IFQ 
pounds landed, but not necessarily sold, to IFQ registered buyers such 
as custom processed fish, fish sold by direct marketing, or take-home 
fish. NMFS would use the appropriate published IFQ standard price(S) to 
estimate the fee liability of landed IFQ pounds debited from each IFQ 
permit.
    NMFS would base its calculations on the amount of IFQ halibut and 
IFQ sablefish landed in the pound weight equivalent deducted from an 
IFQ permit holder's account. This would allow a direct correlation 
between an IFQ permit holder's fee liability and the recorded number of 
IFQ pounds landed under his or her IFQ permit(s) as monitored by NMFS' 
Restricted Access

[[Page 72305]]

Management (RAM) Program. RAM would calculate the standard ex-vessel 
value of a permit holder's landed IFQ fish by multiplying the 
appropriate standard price (in U.S. dollars) by the weight (in IFQ 
equivalent pounds) of those fish represented in the IFQ deduction from 
his or her IFQ permit. The appropriate standard price used by NMFS on 
the IFQ fee estimate form for a given amount of landed IFQ pounds would 
be the price that corresponds to the same species, month of landing, 
and landing location documented on the NMFS standard price list. The 
IFQ permit holder could revise this estimated fee liability for each 
IFQ landing, or sub-portion of a landing, based on evidence of actual 
ex-vessel values.

Fees Based on Actual Ex-vessel Value

    Under the proposed regulation, the actual value of landed IFQ fish 
would be determined when halibut or sablefish are actually sold. The 
IFQ permit holder could calculate his or her fee liability for landed 
fish based on the actual monetary value received. The fee amount would 
be the product (in U.S. Dollars) of multiplying that actual ex-vessel 
value by the fee percentage (approximately 0.03). The IFQ permit holder 
would document the calculations of fees based on actual ex-vessel value 
on the IFQ Fee Submission Form provided by NMFS.
    The following example shows how an IFQ permit holder would adjust 
the calculation by NMFS of fee liabilities.

Example of Actual Ex-vessel Value Determination

    An IFQ fisherman makes a landing of IFQ halibut at Sitka in June 
that results in a debit of 1,000 lbs (0.35 metric tons) from his or her 
halibut IFQ permit (1,000 IFQ equivalent pounds). He or she sells all 
the fish, headed and gutted, directly to supermarkets or restaurants. 
With an IFQ fee percentage of 3 percent and an actual price of $1 per 
IFQ equivalent pound (IFQ lb.), the IFQ permit holder would bear a 
total fee liability of $30.00 for the landing, determined as follows:
    (IFQ Equivalent Pounds Sold X Price per IFQ lb) X Fee Percentage = 
Permit Holder Fee
    (1,000 IFQ lb X $1.00/IFQ lb) X 0.03 = $ 30.00

Submission Form and Payment

    By January 31 of each year, each IFQ permit holder would be 
required to complete the multi-page IFQ Fee Submission Form and submit 
it to NMFS along with the fees due.

Payment Compliance

    An IFQ permit holder who has incurred a fee liability would be 
required to pay the fee to NMFS by January 31 of the year following the 
calendar year in which the landing was made.
    If an IFQ permit holder has made a timely payment to NMFS of an 
amount less than the fee liability NMFS estimated, the IFQ permit 
holder has the burden of demonstrating that the fee amount submitted is 
correct. If, upon preliminary review of the accuracy and completeness 
of a fee payment and the Fee Submission Form, NMFS determines the IFQ 
permit holder has not paid a sufficient amount, NMFS would notify the 
IFQ permit holder by letter. NMFS would explain the discrepancy and the 
IFQ permit holder would have 30 days to either pay the remaining amount 
that NMFS has determined should be paid or provide evidence that the 
amount paid is correct. If the IFQ permit holder submits evidence in 
support of his or her payment, NMFS will evaluate it and, if there is 
any remaining disagreement as to the appropriate IFQ fee, prepare an 
Initial Administrative Determination (IAD). The IAD would set out the 
facts, discuss those facts within the context of the relevant agency 
policies and regulations, and make a determination as to the 
appropriate disposition of the matter. An aggrieved IFQ permit holder 
could appeal an IAD through the Office of Administrative Appeals in 
NMFS as described in existing IFQ regulations (50 CFR 679.43). An IAD 
that is appealed within 60 days of issuance to the Office of 
Administrative Appeals in NMFS, would become a final agency action.
    During the pendency of the appeal proceedings outlined here, the 
following conditions would exist: The IFQ permit holder could not 
transfer any QS and/or IFQ, and the IFQ permit holder could not receive 
QS and/or IFQ by transfer. An IFQ permit holder could pay, under 
protest, the disputed fee difference in order to avoid permit transfer 
restrictions. If the final agency action determines that the IFQ permit 
holder owes additional fees and if the IFQ permit holder has not paid 
such fees, all IFQ permit(s) held by the IFQ permit holder will be 
invalid until the required payment is received by NMFS. If NMFS does 
not receive such payment within 30 days of the issuance of the final 
agency action, NMFS would refer the matter to the appropriate 
authorities within the U.S. Treasury for purposes of collection.

Limited Access System Administrative Fund (LASAF)

    Most of the IFQ fees collected would be deposited in the LASAF 
established in the U.S. Treasury. Up to 25 percent could be deposited 
separately in the U.S. Treasury and made available to cover the costs 
of the IFQ loan program, as required by paragraph 304(d)(2)(C) of the 
Magnuson-Stevens Act. Separate accounts would be created within the 
LASAF to ensure that the funds from the IFQ cost recovery are used only 
to pay for the actual costs directly related to the management and 
enforcement of the IFQ Program.

Annual Report

    NMFS annually would publish a public report about the performance 
of the IFQ cost recovery. The annual report, which could be included 
with other reports on the performance of the IFQ Program, would provide 
information regarding the amount of the fees received by NMFS, the 
disposition of the fees, the status of the IFQ account in the LASAF, 
and the IFQ Program costs for the previous year.

Classification

    NMFS prepared an EA/RIR/IRFA for this proposed rule that describes 
the management background, the purpose and need for action, the 
management action alternatives, and the environmental and socio-
economic impacts of the alternatives. A copy of the EA/RIR/IRFA can be 
obtained from NMFS (see ADDRESSES). A summary of the IRFA follows.
    As amended October 1996, the Magnuson-Stevens Act requires the 
Secretary to impose a fee to recover the actual management and 
enforcement costs of the Alaska IFQ Program. The objective of 
developing the proposal for IFQ cost recovery is to collect revenue 
from fishermen participating in the IFQ Program to help recover the 
costs incurred by the Federal government as a result of the management 
and enforcement of the IFQ Program.
    The proposed rule would apply to persons who possess and use IFQ 
Registered Buyer Permits or IFQ Permits (fishermen). IFQ registered 
buyer permit holders who do not operate as shoreside processors or 
those IFQ permit holders who do not land IFQ fish (i.e., possess 
unfished permits) would not be subject to this proposed rule. In 1998, 
approximately 9 percent of IFQ pounds available remained unfished by 
the end of the season. As for IFQ registered buyers, generally, fewer 
than 40 percent of those who held IFQ Registered Buyer Permits actually 
reported landings (i.e.,

[[Page 72306]]

active buyer permit users). In addition, imposition of the proposed 
cost recovery fees could indirectly impact the income of IFQ crew 
members if IFQ permit holders reduce the income to members of their 
crews due to the cost recovery fees. Detailed figures for the number of 
IFQ crew members are not available.
    The actions being proposed could directly affect two types of 
registered small entities as defined by the Small Business 
Administration: (1) IFQ registered buyers who operate as shoreside 
processors and purchase IFQ halibut or sablefish from IFQ permit 
holders, and (2) halibut and sablefish IFQ permit holders. By year-end 
1998, 3,978 persons held one or more IFQ permits (fishermen) and 
reported landings of at least 1 lb (0.45 kg) of IFQ fish. Also in 1998, 
NMFS issued 859 IFQ registered buyer permits, but only 309 were active 
IFQ registered buyers. Only 79 of the active IFQ registered buyers 
operated as shoreside processors that purchased IFQ halibut or 
sablefish. The 79 IFQ registered buyers identified themselves in 1998 
as shoreside processors, and would be the only type of IFQ registered 
buyers regulated under the proposed action. The number of IFQ permits 
and IFQ registered buyer permits has decreased each year since 1995 
when the program was initiated and is expected to stabilize near 1998 
levels. For purposes of the IFRA, all 79 IFQ permits holders are 
considered small entities. Therefore, the total number of small 
entities that this rule would apply to IFQ registered buyers and permit 
holders would be expected to be equal to or less than 4,057. This 
proposed rule would impose new Recordkeeping and reporting 
requirements. These are discussed below in the context of the Paperwork 
Reduction Act burden.
    A broad variety of alternatives was considered in the development 
of the proposed regulations for IFQ cost recovery. The alternatives 
were considered in the context of combining various options associated 
with a specific set of necessary program elements. Some of the 
necessary program elements include the scope of the IFQ cost recovery 
regulations; identification of the IFQ fishery; the annual fee 
percentage value; the IFQ fish subject to the IFQ cost recovery fee; 
the method used to determine ex-vessel values of IFQ halibut and IFQ 
sablefish landings; the method used to establish standard ex-vessel 
prices for IFQ halibut and IFQ sablefish; the methods of accounting for 
post-season ex-vessel price adjustments and other corrections to ex-
vessel value; IFQ fee collection and submission mechanisms and 
schedules; and the implementation date.
    In selecting the preferred alternative, NMFS incorporated many 
elements designed to minimize negative impacts on small entities.
    1. The fee would apply only to IFQ halibut and sablefish landings, 
and not to all species landed by IFQ fishermen.
    2. Fishermen would be able to choose whether to use actual or 
standard ex-vessel value of their IFQ landings whenever possible.
    3. Standard prices would be primarily based on current year ex-
vessel prices rather than previous year ex-vessel prices, and would be 
refined to represent ex-vessel prices by species, by month, and by 
port-group.
    4. Registered buyers and IFQ permit holders would be required to 
submit recordkeeping and reporting information only once a year, rather 
than multiple mid-season submissions.
    NMFS also considered the alternative of not implementing an IFQ 
cost recovery (status quo). The status quo alternative would minimize 
economic impacts on small entities in that no new fee would be imposed. 
However, this alternative would not be in compliance with the Magnuson-
Stevens Act. Alternatives to the proposed recordkeeping and reporting 
requirements could reduce economic impacts on small entities. For 
instance, implementing an electronic reporting system could reduce the 
burdens associated with filing annual reports; however, NMFS has not 
ascertained whether electronic reporting would allow for comparable, 
easily interpreted data and costs associated with acquiring new 
software could counterbalance any benefits. NMFS also considered 
extracting data from reports currently required of AGF&G. The ADF&G 
reports would not provide all the necessary data in a sufficiently 
timely manner. NMFS also considered an alternative that would not have 
assessed a fee on retro-payments. While this approach would benefit 
permit-holders who accepted retro-payments, it would not be acceptable 
to those who do not. In addition, this approach might not comply with 
the spirit of the statute to assess a fee on the full amount of 
payment.
    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). Authorization for the 
proposed additional information collected under 50 CFR 679.5(l)(7) for 
this IFQ cost recovery has been requested from Office of Management and 
Budget (OMB). Notwithstanding any other provision of law, no person is 
required to respond to and no person shall 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.
    New recordkeeping and reporting requirements are proposed for the 
IFQ permit holder and for the IFQ registered buyer operating as a 
shoreside processor and buying halibut or sablefish landed under the 
IFQ Program. The estimated time for an IFQ permit holder to complete 
the IFQ payment submission form package is 2.0 hours per response. The 
time required to complete the buyer report is estimated to be 2.0 hours 
per report. The estimated response times shown include the time to 
review the instructions, search existing sources, gather and maintain 
the data needed, and complete and review the collection of information.
    Public comment is sought regarding the necessity of the proposed 
collection of information for the proper performance of the function of 
the agency, including whether the information has practical utility; 
the accuracy of the burden estimate; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the collection, including the use of automated 
collection techniques or other types of information technology. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing this 
burden, to NMFS and OMB (see ADDRESSES).
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with that directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule.
    None of the alternatives discussed in the EA/RIR/IRFA are likely to 
significantly affect the quality of the human environment, or are 
expected to have a significant impact on endangered or threatened 
species, or marine mammals.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Cost recovery, Fees, Fisheries, IFQ, and Recordkeeping and 
reporting requirements.


[[Page 72307]]


    Dated: December 15, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set forth in the preamble, 50 CFR part 679 is 
proposed to be amended to read as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    2. In Sec. 679.2, definitions for listed terms are added in 
alphabetical order to read as follows:


Sec. 679.2  Definitions

* * * * *
    IFQ actual ex-vessel value means the U.S. dollar amount of all 
compensation, monetary or non-monetary, including any IFQ retro-
payments received by an IFQ permit holder for the purchase of his or 
her IFQ halibut or IFQ sablefish landing(s) described in terms of IFQ 
equivalent pounds.
* * * * *
    IFQ equivalent pound(s) means the weight amount, recorded in 
pounds, for an IFQ landing and calculated as round weight for sablefish 
and headed and gutted weight for halibut.
    IFQ fee liability means that amount of money for IFQ cost recovery, 
in U.S. dollars, owed to NMFS by an IFQ permit holder as determined by 
multiplying the appropriate standard ex-vessel value or actual ex-
vessel value of his or her IFQ halibut or IFQ sablefish landing(s) by 
the appropriate IFQ fee percentage applicable at the time the ex-vessel 
value, or portion thereof, of such landing(s) is received by the IFQ 
permit holder.
    IFQ fee percentage means that positive number no greater than 3 
percent (0.03) determined by the Regional Administrator and established 
for use to calculate the IFQ cost recovery fee liability for an IFQ 
permit holder.
* * * * *
    IFQ permit holder means the person identified on an IFQ permit, at 
the time a landing is made, as defined at Sec. 679.4(d)(3)(B).
    IFQ program means the individual fishing quota program for the 
fixed gear fisheries for Pacific halibut and sablefish in waters in and 
off Alaska and governed by regulations under this part. 
    IFQ registered buyer means the person identified on a registered 
buyer permit, as defined at Sec. 679.4(d)(2).
* * * * *
    IFQ retro-payment means the U.S. dollar value of a payment, 
monetary or non-monetary, made to an IFQ permit holder for the purchase 
of IFQ halibut or IFQ sablefish landed at some previous time.
* * * * *
    IFQ standard ex-vessel value means the total U.S. dollar amount of 
IFQ halibut or IFQ sablefish landings as calculated by multiplying the 
number of landed IFQ equivalent pounds by the appropriate IFQ standard 
price determined by the Regional Administrator.
    IFQ standard price means a price, expressed in U.S. dollars per IFQ 
equivalent pound, for landed IFQ halibut and IFQ sablefish determined 
annually by the Regional Administrator and documented in an IFQ 
standard price list published by NMFS. 
* * * * *
    Limited Access System Administrative Fund (LASAF) means the 
administrative account used for depositing cost recovery fee payments 
into the U.S. Treasury as described in the Magnuson-Stevens Act under 
section 304(d)(2)(C)(i) and established under section 305(h)(5)(B).
* * * * *
    NMFS Person Identification Number means a unique number assigned by 
NMFS to any person who applied for, or who has been issued, a 
Certificate, License, or Permit under any fishery management program 
administered by the Alaska Region for purposes of the NMFS/Alaska 
Region Integrated Regional Data System.
* * * * *
    3. In Sec. 679.4, revise paragraph (a)(5) and add paragraph (d)(7) 
to read as follows:


Sec. 679.4  Permits.

    (a) * * *
    (5) Sanctions and denials. Procedures governing sanctions and 
denials are found at subpart D of 15 CFR part 904. Such procedures are 
required for enforcement purposes, not administrative purposes.
* * * * *
    (d) * * *
    (7) Validity. An IFQ permit issued under this part is valid only if 
all IFQ fee liability of the IFQ permit holder that is due as a result 
of final agency action has been paid as specified in Secs. 679.45 and 
679.(e)(7)(ii).
* * * * *
    4. In Sec. 679.5, add paragraph (l)(7) to read as follows:


Sec. 679.5  Recordkeeping and reporting.

* * * * *
    (l) * * *
    (7) IFQ cost recovery program --(i) IFQ buyer report.
    (A) Applicability. An IFQ registered buyer that also operates as a 
shoreside processor and receives and purchases IFQ landings of 
sablefish or halibut annually must submit to NMFS a complete IFQ Buyer 
Report as described in this paragraph (l) and as provided by NMFS for 
each reporting period, as described at Sec. 679.5(1)(7)(i)(E), in which 
the registered buyer receives IFQ fish.
    (B) Due date. A complete IFQ Buyer Report must be postmarked or 
received by the Regional Administrator not later than the October 15 
following the reporting period in which the IFQ registered buyer 
receives the IFQ fish.
    (C) Information required. A complete IFQ Buyer Report must include 
the following information:
    (1) IFQ registered buyer identification, including:
    (i) name,
    (ii) registered buyer number,
    (iii) social security number or tax identification number,
    (iv) NMFS person identification number (if applicable),
    (v) business address,
    (vi) telephone number,
    (vii) facsimile telephone number,
    (viii) primary registered buyer activity,
    (ix) other registered buyer activity, and
    (x) landing port location;
    (2) Pounds purchased and values paid. (i) The monthly total 
weights, represented in IFQ equivalent pounds by IFQ species, that were 
landed at the landing port location and purchased by the IFQ registered 
buyer;
    (ii) The monthly total gross ex-vessel value, in U.S. dollars, of 
IFQ pounds, by IFQ species, that were landed at the landing port 
location and purchased by the IFQ registered buyer;
    (3) Value paid for price adjustments. (i) The monthly total U.S. 
dollar amount of any IFQ retro-payments (correlated by IFQ species, 
landing month(s), and month of payment) made in the current year to IFQ 
permit holders for landings made during the previous calendar year;
    (ii) Certification, including the signature of the individual 
authorized by the IFQ registered buyer to submit the IFQ Buyer Report, 
and date of signature.
    (D) Submission address. A complete IFQ Buyer Report must be 
received at the following address by mail or facsimile transmission: 
Administrator Alaska Region, NMFS, Attn: RAM Program, P.O. Box 21668, 
Juneau, AK 99802-1668, Facsimile: (907) 586-7354.
    (E) Reporting period. The reporting period of the IFQ Buyer Report 
shall

[[Page 72308]]

extend from October 1 through September 30 of the following year, 
inclusive.
    (ii) IFQ permit holder Fee Submission Form --(A) Applicability. An 
IFQ permit holder who holds an IFQ permit against which a landing was 
made must submit to NMFS a complete IFQ permit holder Fee Submission 
Form provided by NMFS.
    (B) Due date and submittal. A complete IFQ permit holder Fee 
Submission Form must be postmarked or received by the Regional 
Administrator not later than January 31 following the calendar year in 
which any IFQ landing was made.
    (C) Contents of an IFQ Fee Submission Form. For each of the 
sections described below, a permit holder must provide the specified 
information.
    (1) Identification of the IFQ permit holder:
     An IFQ permit holder with an IFQ landing must accurately record on 
the identification section of the IFQ Fee Submission Form the following 
information:
    (i) the printed name of the IFQ permit holder;
    (ii) the NMFS person identification number;
    (iii) the social security number or tax ID number of the IFQ permit 
holder;
    (iv) the business mailing address of the IFQ permit holder; and
    (v) the telephone and facsimile number (if available) of the IFQ 
permit holder.
     (2) IFQ landing summary and estimated fee liability
    NMFS will provide to an IFQ permit holder an IFQ Landing Summary 
and Estimated Fee Liability page as required by Sec. 679.45(a)(2). The 
IFQ permit holder must either accept the accuracy of the NMFS estimated 
fee liability associated with his or her IFQ landings for each IFQ 
permit, or calculate a revised IFQ fee liability in accordance with 
(2)(i) of this paragraph. The IFQ permit holder may calculate a revised 
fee liability for all or part of his or her IFQ landings.
    (i) Revised fee liability calculation. To calculate a revised fee 
liability, an IFQ permit holder must multiply the IFQ percentage in 
effect by either the IFQ actual ex-vessel value or the IFQ standard ex-
vessel of the IFQ landing. If parts of the landing have different 
values, the permit holder must apply the appropriate values to the 
different parts of the landings.
    (ii) Documentation. If NMFS requests in writing that a permit 
holder submit documentation establishing the factual basis for a 
revised IFQ fee liability, the permit holder must submit adequate 
documentation by the 30th day after the date of such 
request.
    (3) Fee calculation section --(i) Information required. An IFQ 
permit holder with an IFQ landing must record the following information 
on the Fee Calculation page: The name of the IFQ permit holder; the 
NMFS person identification number; the fee liability amount due for 
each IFQ permit he or she may hold; the IFQ permit number corresponding 
to such fee liability amount(s) due; the total price adjustment payment 
value for all IFQ halibut and/or sablefish (e.g., IFQ retro-payments) 
received during the reporting period for the IFQ Fee Submission Form as 
described in Sec. 679.5(l)(7)(ii)(D); and the fee liability amount due 
for such price adjustments.
    (ii) Calculation of total annual fee amount. An IFQ permit holder 
with an IFQ landing must perform the following calculations and record 
the results on the Fee Calculation page: add all fee liability 
amount(s) due for each IFQ permit and record the sum as the sub-total 
fee liability for all permits; multiply price adjustment payment(s) 
received for each IFQ species by the fee percentage in effect at the 
time the payment(s) was received by the IFQ permit holder; add the 
resulting fee liability amounts due for all price adjustment payments 
for each IFQ species, then enter the sum as the sub-total fee for price 
adjustments; add the sub-total fee liability for all permits and the 
sub-total fee for price adjustments, then enter the resulting sum as 
the total annual fee amount on the Fee Calculation page and on the Fee 
Payment page.
     (4) Fee payment and certification section --(i) Information 
required. An IFQ permit holder with an IFQ landing must provide his or 
her NMFS person identification number and must sign and date and have 
notarized by a Notary Public the Fee Payment section and record the 
following: (i) his or her printed name; (ii) the total annual fee 
amount as calculated and recorded on the Fee Calculation page; (iii) 
the total of any pre-payments submitted to NMFS that apply to the total 
annual fee amount; (iv) the remaining balance fee; and (v) the enclosed 
payment amount.
    (ii) Calculation of balance fee payment. An IFQ permit holder with 
an IFQ landing must perform the following calculation on the Fee 
Payment section of the Fee Submission Form: Subtract from the total 
annual fee amount the total of all pre-payments made (if any) to NMFS 
and any credits held by NMFS that are applicable to that year's total 
IFQ cost recovery fees, and record the result as the balance fee amount 
due. 
    (D) Reporting Period. The reporting period of the IFQ Fee 
Submission Form shall extend from January 1 to December 31 of the year 
prior to the January 31 due date described in Sec. 679.5(l)(7)(ii)(B).
* * * * * 
    5. In Sec. 679.41, revise paragraph (c)(8) and add paragraph 
(c)(9)to read as follows:


Sec. 679.41  Transfer of quota shares and IFQ.

* * * * *
    (c) * * *
    (8)(i) The person applying to make or receive the IFQ or QS 
transfer has paid all IFQ fees that have become due as a result of an 
initial administrative determination.
    (ii) The person applying to make or receive the IFQ or QS transfer 
who has not paid all IFQ fees that are due (as provided under 
Sec. 679.45(a)) has timely appealed the administrative determination 
that IFQ fees have not been paid in full and has submitted to NMFS an 
amount sufficient to satisfy any disputed liability pending a final 
agency action.
    (9) Other pertinent information requested on the Application for 
Transfer has been supplied to the satisfaction of the Regional 
Administrator.
* * * * *
     6. Section 679.45 is added to read as follows:


Sec. 679.45  IFQ cost recovery program.

    (a) Cost recovery fees --(1) Responsibility. The person documented 
on the IFQ permit as the permit holder at the time of an IFQ landing 
must comply with the requirements of this section. Subsequent transfer 
of QS or IFQ does not affect the permit holder's liability for 
noncompliance with this section.
    (2) IFQ Fee Liability Determination.
    After each IFQ fishing year, the Regional Administrator will issue 
each IFQ permit holder a summary of his or her IFQ pounds landed during 
that IFQ fishing year for each permit as part of the IFQ Landing and 
Estimated Fee Liability page described at Sec. 679.5(l)(7)(ii)(C)(2). 
The summary will include an estimated IFQ fee liability based on the 
standard ex-vessel values of the landings. The summary and estimated 
fee liability will include details of IFQ equivalent pounds landed by 
permit, port or port-group, species, date, and IFQ standard prices. The 
permit holder must either accept NMFS' estimate of IFQ liability or 
revise NMFS' estimate of IFQ fee liability using the Fee Submission 
Form described at Sec. 679.5(1)(7)(ii). If the permit holder revises 
NMFS' estimate of his or her fee

[[Page 72309]]

liability, NMFS may request in writing that the permit holder submit 
documentation establishing the factual basis for the revised 
calculation. If the permit holder fails to provide adequate 
documentation by the 30th day after the date of such 
request, NMFS will determine the IFQ permit holder's fee liability 
based on standard ex-vessel values.
    (3) Fee Collection. An IFQ permit holder with an IFQ landing is 
responsible for self-collecting his or her own fee during the calendar 
year in which the IFQ fish is harvested.
    (4) Payment --(i) Payment due date. An IFQ permit holder must 
submit his or her IFQ fee liability payment(s) to NMFS at the address 
provided in this section at paragraph (a)(4)(iii) not later than by 
January 31 of the year following the calendar year in which the IFQ 
landings were made.
    (ii) Payment recipient. Make payment payable to NMFS.
    (iii) Payment address. Mail payment and related documents to: 
Administrator, Alaska Region, NMFS, Attn: RAM Program, P.O. Box 21668, 
Juneau, AK 99802-1668, Facsimile: (907) 586-7354.
    (iv) Payment method. Payment must be made by personal check drawn 
on a U.S. bank account, money order, or bank certified check.
    (b) IFQ ex-vessel value determination and use -- (1) General. An 
IFQ permit holder must use either the IFQ standard ex-vessel value or 
the IFQ actual ex-vessel value when determining the IFQ fee liability 
based on ex-vessel value. An IFQ permit holder must base all fee 
liability calculations on the ex-vessel value that correlates to landed 
IFQ fish that is recorded in IFQ equivalent pounds.
    (2) IFQ actual ex-vessel value. An IFQ permit holder that uses 
actual ex-vessel value, as defined in Sec. 679.2, to determine IFQ fee 
liability must document actual ex-vessel value for each IFQ permit.
    (c) IFQ standard ex-vessel value determination and use --(1) Use of 
standard price. An IFQ permit holder that uses standard ex-vessel value 
to determine the IFQ fee liability as part of a revised IFQ fee 
liability submission must use the corresponding standard price(s) as 
published in the Federal Register.
    (2) Duty to publish list.(i) General. Each year the Regional 
Administrator will publish IFQ standard prices in the Federal Register 
during the last quarter of each calendar year. The standard prices will 
be described in U.S. dollars per IFQ equivalent pound, for IFQ halibut 
and sablefish landings made during the current calendar year.
    (ii) Effective duration. The IFQ standard prices will remain in 
effect until revised by the Regional Administrator by notification in 
the Federal Register based upon new information of the type set forth 
in this section. IFQ standard prices published in the Federal Register 
by NMFS shall apply to all landings made in the same calendar year as 
the IFQ standard price publication and shall replace any IFQ standard 
prices previously provided by NMFS that may have been in effect for 
that same calendar year.
    (iii) Determination. NMFS will calculate the IFQ standard prices to 
reflect, as closely as practical by month and port or port-group, the 
variations in the actual ex-vessel values of IFQ halibut and IFQ 
sablefish landings based on information provided in the IFQ Buyer 
Reports as described in Sec. 679.5(l)(7)(i). The Regional Administrator 
will base IFQ standard prices on the following types of information:
    (A) Landed pounds by IFQ species, port-group, and month;
    (B) Total ex-vessel value by IFQ species, port-group, and month; 
and
    (C) Price adjustments, including IFQ retro-payments.
    (d) IFQ fee percentage.-(i) Default percentage. The IFQ fee 
percentage is 3 percent (0.03) unless adjusted by the Regional 
Administrator by publication in the Federal Register in accordance with 
Sec. 679.45(d)(3).
    (2) Calculating fee percentage value. Each year the Regional 
Administrator will calculate the fee percentage.-(i) Factors. In making 
the calculations the Regional Administrator will consider the following 
factors:
    (A) The catch to which the IFQ fee would apply;
    (B) The projected ex-vessel value of that catch;
    (C) The costs directly related to the management and enforcement of 
the IFQ program;
    (D) The funds available for the IFQ program in the Limited Access 
System Administrative Fund (LASAF); and
    (E) Nonpayment of fee liabilities.
    (ii) Methodology. In making the calculation, the Regional 
Administrator will use the methodology described here.
    [100 x (DPC - AB) / V] / (1 -NPR)
    where:
    DPC is the direct program costs for the IFQ fishery for he 
previous fiscal year,
    AB is the projected end of the year LASAF account balance for 
the IFQ program,
    V is the projected ex-vessel value of the catch subject to the 
IFQ fee for the current year, and
    NPR is the fraction of the fee assessments that is expected to 
result in nonpayment.

    (3) Adjustments. (1) General. During or before the last quarter of 
each year, the Regional Administrator will consider adjusting the IFQ 
fee percentage. Consideration will be based on the calculations 
described in Sec. 679.45(d)(2). The Regional Administrator may reduce 
the IFQ fee percentage at any time based on new information of the type 
set forth in Sec. 679.45(d)(2).
    (ii) In-season effective period. An in-season reduction in the IFQ 
fee percentage supersedes the IFQ fee percentage previously in effect 
for the calendar year and remains in effect through the end of the 
calendar year in which it was determined unless otherwise adjusted by 
the Regional Administrator.
    (4) Publication. The Regional Administrator will publish 
notification in the Federal Register any adjustment of the IFQ fee 
percentage.
    (5) Applicable percentage. The IFQ permit holder must use the IFQ 
fee percentage in effect at the time an IFQ landing is made to 
calculate his or her fee liability for such landed IFQ pounds unless 
the percentage is subsequently adjusted as described in 
Sec. 679.45(d)(3). The IFQ permit holder must use the IFQ percentage in 
effect at the time an IFQ retro-payment is received by the IFQ permit 
holder to calculate his or her IFQ fee liability for the IFQ retro-
payment.
    (e) Non-payment of fee. If an IFQ permit holder does not submit a 
complete Fee Submission Form and corresponding payment by the due date 
described in Sec. 679.45(a)(2) and (3), the Regional Administrator may:
    (1) at any time thereafter send an IAD to the IFQ permit holder 
stating that the IFQ permit holder's estimated fee liability, as 
calculated by the Regional Administrator and sent to the IFQ permit 
holder pursuant to Sec. 679.45(a)(2) is the amount of IFQ fee due from 
the IFQ permit holder.
    (2) disapprove any transfer of IFQ or QS to or from the IFQ permit 
holder in accordance with Sec. 679.41(c)(8)(i). Upon final agency 
action determining that an IFQ permit holder has not paid his or her 
IFQ fee liability, any IFQ permit held by the IFQ permit holder is not 
valid until all IFQ fee liabilities are paid. If payment is not 
received by the 30th day after the final agency action, the 
matter will be referred to the appropriate authorities for purposes of 
collection.
    (f) Underpayment of IFQ fee. (1) When an IFQ permit holder has 
incurred a fee liability and made a timely payment to NMFS of an amount

[[Page 72310]]

less than the NMFS estimated IFQ fee liability, the Regional 
Administrator will review the Fee Submission Form and related 
documentation submitted by the IFQ permit holder. If the Regional 
Administrator determines that the IFQ permit holder has not paid an 
sufficient amount, the Regional Administrator may disapprove any 
transfer of IFQ or QS to or from the IFQ permit holder in accordance 
with Sec. 679.41(c)(4). The Regional Administrator will notify the IFQ 
permit holder by letter that an sufficient amount has not been paid and 
that the IFQ permit holder has 30 days from the date of the letter to 
either pay the amount determined to be due or provide additional 
documentation to prove that the amount paid was the correct amount. The 
Regional Administrator will evaluate any additional documentation 
submitted by an IFQ permit holder in support of his or her payment. If 
the Regional Administrator determines that the additional documentation 
does not meet the IFQ permit holder's burden of proving his or her 
payment is correct, the Regional Administrator will send the permit 
holder an IAD indicating that the permit holder did not meet the burden 
of proof to change the IFQ fee liability as calculated by the Regional 
Administrator based upon the IFQ standard ex-vessel value.
    (2) After expiration of the 30-day period, the Regional 
Administrator will issue and IAD and notify the IFQ permit holder. The 
IAD will set out the facts and indicate the deficiencies in the 
documentation submitted by the permit holder. An IFQ permit holder who 
receives an IAD may appeal pursuant to
    Sec. 679.43. In an appeal of an IAD made under this section, the 
IAD permit holder has the burden of proving his or her claim.
    (3) If the permit holder fails to file an appeal of the IAD 
pursuant to Sec. 679.43, the IAD will become the final agency
    action. If the IAD is appealed and the final agency action is a 
determination that additional sums are due from the IFQ permit holder, 
the IFQ permit holder must pay any IFQ fee amount determined to be due 
not later than 30 days from the issuance of the final agency action. 
Once a fee liability determination becomes final, any IFQ permit held 
by the IFQ permit holder will be deemed not valid until all IFQ fee 
liabilities have been paid. If payment is not received by the 
30th day after the final agency action, the matter will be 
referred to the appropriate authorities for purposes of collection.
    (g) Over payment. Upon issuance of final agency action, any amount 
submitted to NMFS in access of the IFQ fee liability determined to be 
due by the final agency action will be returned to the IFQ permit 
holder unless the permit holder requests the agency to credit the 
excess amount against the IFQ permit holder's future IFQ fee liability.
    (h) Appeals and requests for reconsideration. An IFQ permit holder 
who receives and IAD may either appeal the IAD pursuant to Sec. 679.43 
or request reconsideration. Within 60 days from the date of issuance of 
the IAD or the Regional Administrator may undertake a reconsideration 
of the IAD on his or her own initiative. If a request for 
reconsideration is submitted or the Regional Administrator initiates a 
reconsideration, the 60-day period for appeal under Sec. 679.43 will 
begin anew upon issuance of the Regional Administrator's reconsidered 
IAD. The Regional Administrator may undertake only one reconsideration 
of the IAD, if any. If an IFQ permit holder fails to file an appeal of 
the IAD pursuant to Sec. 679.43, the IAD will become the final agency 
action. In any appeal or reconsideration of an IAD made under this 
section, an IFQ permit holder has the burden of proving his or her 
claim.
    (i) Annual report. NMFS will publish annually a report describing 
the status of the IFQ Cost Recovery Program.
[FR Doc. 99-33198 Filed 12-23-99; 8:45 am]
BILLING CODE 3510-22-F