[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Rules and Regulations]
[Pages 5282-5294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-951]



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Part VII





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 86



Boating Infrastructure Grant Program; Final Rule

  Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 86

RIN 1018-AF38


Boating Infrastructure Grant Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This regulation provides for the uniform administration of the 
national Boating Infrastructure Grant Program and survey authorized by 
Section 7404 of the Sportfishing and Boating Safety Act of 1998. 
Through this program, the U.S. Fish and Wildlife Service will provide 
funds to States to install or upgrade tie-up facilities for transient 
recreational boats 26 feet or more in length.

DATES: This rule is effective on February 20, 2001.

ADDRESSES: The administrative record for this rule, including copies of 
comments received, is available for viewing Monday through Friday, 8 am 
to 4 pm, in the Division of Federal Aid, 4401 North Fairfax Drive, Room 
140, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Steve Farrell, Project Officer, U.S. 
Fish and Wildlife Service, Division of Federal Aid, 4401 North Fairfax 
Drive, Suite 140, Arlington, Virginia 22203; telephone (703) 358-2156; 
fax (703) 358-1705; email [email protected]>.

SUPPLEMENTARY INFORMATION:

Background

Economic Status of Boating in the United States

    Historically, coastal and inland waterways were the first highways 
along our shores and into the interior of the continent. Americans used 
boats almost exclusively for transportation of people and goods. Today 
we use more than 12 million recreational boats to cruise and fish. 
Recreational boating is now a significant economic activity in many 
areas of the country and in many respects exceeds that of waterborne 
commerce. Given the present demographic forces, we expect this rule to 
have a positive economic impact by adding facilities to accommodate 
larger cruising boats.

Purpose of the Boating Infrastructure Grant Program

    Recreational boats 26 feet or more in length, called 
``nontrailerable'' boats, represent about 4 percent, or more than 
600,000, of the recreational boats in the United States. Although we 
have approximately 12,000 marinas in the United States, Congress 
recognized that insufficient tie-up facilities exist for transient, 
nontrailerable boats for reasonable and convenient access from our 
navigable waters. These boaters are unable to enjoy many recreational, 
cultural, historic, scenic, and natural resources of the United States. 
We also have an insufficient quantity of marinas or commercial tie-up 
facilities along extended stretches of our coastlines and rivers that 
benefit transient, nontrailerable boats. In many parts of the country, 
the number of places to tie-up, moor, or anchor a cruising boat, 
especially during a storm, is limited. Basic features, such as tie-ups, 
fuel, utilities, and restrooms, are often nonexistent. As a result, 
Congress passed the Sport Fishing and Boating Safety Act of 1998 (16 
U.S.C. 777g). Under the Act, the U.S. Fish and Wildlife Service 
conducts the Boating Infrastructure Grant (BIG) Program. The BIG 
Program will provide $32 million to States and Territories over 4 years 
to construct, renovate, or maintain tie-up facilities for recreational 
boats 26 feet or more in length.
    This program will:
    (a) Create dockage for transient recreational boats 26 feet or more 
in length for recreational opportunities and safe harbors;
    (b) Provide navigational aids for boaters to use these facilities;
    (c) Enhance access to recreational, historic, cultural, natural, 
and scenic resources;
    (d) Strengthen local ties to the boating community and its economic 
benefits;
    (e) Promote public/private partnerships and entrepreneurial 
opportunities;
    (f) Provide continuity of public access to the shore; and
    (g) Promote awareness of transient boating opportunities.
    The Act also directs us to:
    (a) Develop a national framework or methodology to conduct a boat 
access needs assessment or survey to determine the adequacy of 
facilities for recreational boats of all sizes;
    (b) Encourage States to complete the boat access needs survey; and
    (c) Complete a comprehensive national assessment of boat access 
needs and facilities (the assessment will be a compilation of 
information from the States' surveys into a national report of boat 
access needs).

Analysis of Public Comments and Changes Made to the Proposed Rule

    On January 20, 2000, the U.S. Fish and Wildlife Service (Service) 
published a proposed rule in the Federal Register (65 FR 3331) and 
requested comments on the proposed rule and information collection for 
the national BIG Program. The Service received 13 written responses by 
the close of the comment period on March 20, 2000. The responses came 
from nongovernmental organizations, a private individual, and Federal 
and State employees and agencies.
    We received a total of 170 comments from the 13 written responses 
covering the following areas: survey (74), criteria for selection (11), 
State plans (8), clarifications (3), suspected typographical errors 
(3), and comments of a general nature (71). We may not reflect these 
actual numbers in the list below due to combining similar comments or 
questions. We have addressed all of the comments in this section of the 
preamble and made any necessary changes to the proposed rule. As a 
result, some sections of the proposed rule were combined or eliminated. 
Comments pertaining to the proposed information collection are 
addressed under Substantive Comments, Issues 1 through 9.
    The following is clarification or analysis and reporting of any 
substantial changes to the rule that the Service made in response to 
these comments. The Service also corrected other minor errors in the 
proposed rule, as described below.

Minor Changes

    In Sec. 86.12(n), in response to a comment asking us to define 
``transient,'' we are adding the following definition, ``Passing 
through or by a place, staying 10 days or less.''
    In Sec. 86.13(d), we changed ``seasonal'' to ``transient'' to avoid 
confusing wording.
    In Sec. 86.13(f), in response to a suggestion, we added ``docks'' 
after the word ``floating'' to clarify.
    In Sec. 86.13, in response to suggestions, we added at paragraphs 
(o), (p), and (q), ``dockside'' to clarify where utilities are placed.
    In Sec. 86.13, in response to a suggestion, we added ``(r) Debris 
deflection booms.''
    In Sec. 86.13, in response to suggestions, we added ``(s) Marine 
fueling stations.''
    In Sec. 86.20(a)(1), in response to a suggestion, we added a second 
sentence as follows: ``You must design new construction and renovations 
to last at least 20 years.''
    In Sec. 86.20(e)(1), in response to a suggestion, we deleted from

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subparagraph (vii) to end, as the activities listed in the proposed 
rule are not appropriate preconstruction activities.
    In Sec. 86.20, in response to a suggestion, we added a new item, 
``(f) Produce information and education materials such as charts, 
cruising guides, and brochures.''
    In Sec. 86.21(d), in response to a suggestion, we changed the 
sentence to read: ``Construct or renovate principal structures not 
expected to last at least 20 years.''
    In Sec. 86.44(b), in response to a suggestion, we replaced ``* * * 
we will'' with ``* * * The State must * * *''
    In Sec. 86.54(f)(1)(i) in the proposed rule (now 
Sec. 86.53(d)(1)(i)), in response to several comments, we changed the 
section to clarify that no State Tier One proposal may exceed $100,000 
in any given fiscal year.

Substantive Changes

    Issue 1. Questions and comments on the survey included issues of 
respondent burden (how long to complete a section), unclear questions, 
issues of confidentiality, site-specific questions, and the value of 
answers to specific questions in determining national need.
    Response: In response to all of the comments received on the 
technical aspects of the proposed survey, we completed significant 
revisions to the survey instrument. We considered all comments and 
redesigned the survey, improved guidance and questions, and decreased 
the time burden for completion. The revised survey began its approval 
process when it was published in the Federal Register (65 FR 63606) on 
October 24, 2000 for a 60-day public comment period. The survey will be 
ready for use during the FY 2001 grant cycle, and the Service will 
notify eligible applicants upon receiving OMB approval.
    Issue 2. How can States pay for the survey?
    Response: States can pay the costs for conducting the survey using 
Federal Aid in Sport Fish Restoration program funds, and credit 
expenditures toward the 15% minimum used for motor boat access (16 
U.S.C. 777g (g)(4)).
    Issue 3. Is the survey required?
    Response: The Service does not require States to conduct surveys to 
receive funding under the national BIG program. However, the Service 
must produce a comprehensive national assessment of recreational boat 
access needs and facilities. The States, by conducting and forwarding 
their survey results to the Service, are ensuring that their needs are 
known (16 U.S.C. 777g (g)(2)). States may use existing, recent survey 
results, approved by the appropriate Service Regional Office, to 
determine boating infrastructure needs (Sec. 86.113).
    Issue 4. States completing a survey should receive ranking points.
    Response: No ``points'' are assigned in the criteria for completing 
a survey; the only available points are outlined in Sec. 86.60. States 
must use the survey results to develop a State plan for boating 
infrastructure. The plan (any plan certified by the Service Regional 
Office) is then eligible for 15 ranking points.
    Issue 5. Can States add questions to the survey?
    Response: States cannot add any questions to the survey. If OMB 
approves the final survey as written, we will reimburse States only for 
administering it as approved.
    Issue 6. Typographical errors occur in the survey tables.
    Response: We fixed typographical errors in both tables describing 
the type of participant in survey parts.
    Issue 7. States should submit survey results electronically.
    Response: The Service wants the results transmitted to the Service 
Regional Offices in a common electronic format, such as Microsoft Word, 
Word Perfect, Excel or Quattro Pro. We added a requirement regarding 
electronic transmission of results to Sec. 86.111.
    Issue 8. Clarify ``boat service providers'' as the term relates to 
public access.
    Response: We changed Sec. 86.102(b)(2)(i) and (ii) to include a 
phrase that specifies boat service providers ``who allow public 
access.''
    Issue 9. What are the survey response rate requirements?
    Response: We changed Sec. 86.115 to read ``plus or minus 10 
percent.'' We also replaced the language that suggests a 70 percent 
response rate with language that says the State is responsible for 
selecting a statistically valid sample size.
    Issue 10. In Sec. 86.60, the points do not add up to 100, or no 
points are allowed for completing surveys.
    Response: This section needed several minor editorial changes to 
make it clear and concise. Among these, we changed the point total to 
105. The issue regarding awarding points for completing surveys is 
addressed in Issue 4.
    Issue 11. According to Sec. 86.54, why are proposals that are 
awarded less than 60 points when held to the criteria in Sec. 86.60 
automatically moved to Tier Two?
    Response: We removed this ``60 point'' break when we revised the 
Tier One/Two break.
    Issue 12. By awarding 15 points for a State plan, the Service is 
making State plans mandatory, penalizing all nonplan proposals.
    Response: State plans are desirable under the Act (16 U.S.C. 777g 
(g)). They help set priorities and describe how a State will fulfill 
recreational boaters' needs. We can also use plans to help set national 
priorities in the comprehensive national assessment of recreational 
boat access needs and facilities described in the Act. The plan 
nonetheless is optional. The Act states, ``A State may develop a plan 
for,'' and in the proposed rule, Sec. 86.131 states ``Plans are 
voluntary.'' However, the Service will award 15 criteria points to any 
acceptable plan, already existing and current, or a newly developed 
plan based on the OMB-approved survey or other recent approved survey 
results. The reason for the 15 criteria points is that projects coming 
from an accepted plan will establish priorities based on a formal needs 
assessment.
    Issue 13. Add a statement to identify priorities in the State plan 
in Sec. 86.60(b)(1).
    Response: We added to Sec. 86.60(b)(1), after the word 
``following'' ``priorities identified in'' your State's program plan. 
We also agreed with the second thought presented in this comment and 
changed ``construct and renovate'' to ``construct, renovate, and 
maintain.''
    Issue 14. Change the point values assigned to certain criteria.
    Response: We are not making a change to the final rule as a result 
of this comment. We believe that we did a thorough job of stakeholder 
involvement when we assigned these point values.
    Issue 15. A possible conflict exists in Sec. 86.60(b)(4) about 
match funds.
    Response: We have changed Sec. 86.60(b)(4) to read ``Include 
private, local, or other State funds in addition to the non-Federal 
match described in Sec. 86.42.''
    Issue 16. Because of typographical errors in Sec. 86.60(b)(4)(i), 
the percentage range was left out.
    Response: In Sec. 86.60(b)(4), we changed paragraph (i) to read 
``Twenty-six percent to thirty-five percent--5 points,'' paragraph (ii) 
to remove the word ``above'' at the end, and paragraph (iii) to insert 
the word ``and'' so it reads ``Fifty percent and above--15 points.''
    Issue 17. Add the word ``proposed'' before ``tie-up'' to the second 
sentence in Sec. 86.60(b)(5), and delete the word ``access'' from the 
same sentence.
    Response: We do not believe this suggestion adds to the clarity of 
the

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sentence. We are making no changes to the proposed rule as a result of 
this comment.
    Issue 18. In Sec. 86.60(b)(6), change the wording of the sentence 
to restrict the sites to those near population centers and raise the 
value of the points assigned.
    Response: We believe this change would unnecessarily restrict State 
proposals. We believe the sentence is clear and the points are 
appropriate. The sentence remains unchanged.
    Issue 19. In Sec. 86.60(b)(7), substitute ``enhanced 
opportunities'' for ``access.''
    Response: We are not changing this paragraph as a result of this 
comment because we believe the sentence is clear as written.
    Issue 20. In Sec. 86.60(b)(8), add ``adjacent'' before the word 
``community,'' and add ``as the result of construction, renovation, or 
increased use,'' at the end of the first sentence.
    Response: We believe this change would unnecessarily restrict the 
program criteria. The proposed sentence stands unchanged.
    Issue 21. Allow Tier One dollars to finance State plans because not 
to do so creates an unfunded Federal mandate.
    Response: The Act states that ``* * * a State may develop and 
submit to the Secretary a plan for* * * ,'' not ``must'' (16 U.S.C. 
777g-1 (c)). A mandate does not exist. However, States may do planning 
under other Sport Fish Restoration Act grant programs for purposes 
eligible under those programs and apply the resulting plan to the BIG 
Program.
    Issue 22. Will the Service accept existing plans?
    Response: The Service will accept any plan certified by the 
appropriate Service Regional Office that ensures that public boat 
access is and will be adequate to meet the needs of recreational 
boaters on your State's waters (Sec. 86.134).
    Issue 23. What are the products of the National Assessment?
    Response: The products of the Comprehensive National Assessment are 
listed in Sec. 86.124.
    Issue 24. Complying with the National Environmental Policy Act and 
the Endangered Species Act could cause up to 2 years of delay.
    Response: All grantees must agree to and certify compliance with 
all applicable Federal laws. We use a certified ``Assurances'' 
statement. We are making no changes to the proposed rule as a result of 
this comment.
    Issue 25. Can States use consultant fees, design, permitting, and 
construction administration costs as match for Tier One projects?
    Response: Allowable matching and cost-sharing regulations are in 43 
CFR 12.64; specific questions should be directed to the appropriate 
Service Regional Office.
    Issue 26. Reduce match to where local governments or small marinas 
can compete for funds.
    Response: In accordance with the Act, only States are eligible for 
funding under this grant program.
    Issue 27. Are pre-award costs allowable?
    Response: Only as described under Sec. 86.20.
    Issue 28. Who assumes the administrative burden after the program 
expires in 3 years?
    Response: We discuss maintenance of approved projects in 50 CFR 
80.17.
    Issue 29. How much money can we charge the public to tie-up?
    Response: The going rate in the locality determines the amount for 
the facility. We are making no change to the proposed rule as a result 
of this comment.
    Issue 30. For projects in Tier Two that exceed available funding in 
Tier Two, what is the methodology for awarding funds other than what 
States request?
    Response: There is none. We cannot exceed established spending 
levels. If a State requires funds from two or more different programs 
to obtain full funding, the State is responsible for securing the 
funds.
    Issue 31. In Sec. 86.20(a)(3), substitute ``deep enough'' for ``6 
feet of depth at the lowest tide * * * .''
    Response: We researched these depths before making this 
specification, and we are not making the recommended change.
    Issue 32. In Sec. 86.20(a)(5)(iii), delete the reference to ``this 
program,'' so that the sentence reads: ``You may use funds from the 
Clean Vessel Act Program.''
    Response: We encourage the construction of pumpout stations with 
either set of funds. We are making no changes to the proposed rule as a 
result of this comment.
    Issue 33. In Sec. 86.20(e)(1), add ``contract documents.''
    Response: No contract should be prepared and awarded until after we 
sign a grant; therefore, contract documents are not allowed as a pre-
agreement cost. We are making no changes to the proposed rule as a 
result of this comment.
    Issue 34. In Sec. 86.21(e) and (g), add note on one-time dredging 
to (e) and add dinghy docks to (g).
    Response: We address one-time dredging in Sec. 86.20, and dinghy 
docks are not for transient vessels more than 26 feet in length. We are 
making no changes to the proposed rule as a result of this comment.
    Issue 35. In Sec. 86.21, make the State plan eligible for funding 
under BIG.
    Response: State plans are eligible activities under the Sport Fish 
Restoration Act (16 U.S.C. 777).
    Issue 36. In accordance with Sec. 86.30, must I allow the public to 
use grant-funded facilities?
    Response: Yes, Sec. 86.30 specifies that reasonable access must be 
allowed and explains what that means.
    Issue 37. In regard to Sec. 86.54, one responder commented that the 
criterion referenced in Sec. 86.60 was developed for competitive Tier 
Two projects and was not meant for Tier One projects. Tier One project 
funding was developed for States meeting the requirements in 
Secs. 86.13 and 86.20.
    Response: We agree and will change Sec. 86.54(f)(1)(ii) (now 
Sec. 86.53(d)(1)(ii) in the final rule) to read ``* * * using the 
eligibility requirements in Secs. 86.14 and 86.20.'' (Section 86.13 
from the proposed rule has become Sec. 86.14 in the final rule.)
    Issue 38. In regard to Sec. 86.55(f), why are two sets of $100,000 
proposals required? Why not require one $200,000 proposal?
    Response: Tier One proposals in the first grant cycle will be 
funded by 2 different fiscal years. To provide additional clarity, we 
replaced the second sentence in Sec. 86.55(f) (now Sec. 86.54(f)) with 
wording similar to the following, ``We will fund one proposal for each 
fiscal year provided that each proposal meets the eligibility 
requirements in Secs. 86.13 (now 86.14) and 86.20.''
    Issue 39. Sections 86.20 and 86.21 conflict in useful life of some 
outputs.
    Response: We do not agree. Principal structures expected to last 20 
years or more are different from navigational aids which may have a 
shorter lifespan. Only principal structures must be designed to last at 
least 20 years, therefore a conflict does not exist.
    Issue 40. In regard to Sec. 86.56, after the Service awards funds 
for a project, if it is found not to meet compliance requirements, 
where will these funds go?
    Response: If a State cannot bring the project into compliance 
according to Sec. 86.56 (now Sec. 86.55), the funds may revert as 
required by the Act (16 U.S.C. 777c).
    Issue 41. Regarding Sec. 86.60(b), a respondent recommended 
considering construction in remote areas in the scoring priority and 
adding a statement to the Regulatory Flexibility Act section to give 
criteria points for remote sites.
    Response: Section 86.60(b)(6) and (7) considers remote areas as 
they relate to significant links to prominent

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destinations, way-points, and national, regional, and local significant 
areas. Therefore, we do not see the need to alter the present guidance.
    Issue 42. In Sec. 86.60(b)(8), how will we assess ``significant 
positive economic impact?''
    Response: States should assess the economic impact of projects 
using a cost/benefit analysis as described in the example in 
Sec. 86.60(b)(8). States should address this issue, along with all the 
other criteria, in the grant proposal.
    Issue 43. In Sec. 86.82(b), replace the word ``slippage'' with 
``deviation.''
    Response: ``Slippage'' is the term used in 43 CFR 12.80(b)(2)(ii), 
which provides reporting requirements for assistance programs. We are 
making no changes to the proposed rule as a result of this comment.
    Issue 44. In Sec. 86.80, remove the requirement for quarterly 
reports.
    Response: We are removing the requirement for quarterly reporting 
for Tier One projects only, according to 43 CFR 12.80, Monitoring and 
Reporting Program Performance.
    Issue 45. In Sec. 86.91, make States give credit to the Sport Fish 
Restoration Program for BIG grants.
    Response: Credit to the Sport Fish Restoration Program remains 
optional. We have nothing on which to base making this issue mandatory. 
We are changing ``may'' in the last sentence to ``* * * are encouraged 
to * * *''.
    Issue 46. Could priority for services at tie-up facilities be given 
to transient boats over 26 feet in length? If so, how would States 
enforce the priority?
    Response: No. While we intend the program to benefit transient, 
nontrailerable boats, States must give equal public access to all 
boaters. Consequently, enforcement is unnecessary.
    Issue 47. The Service Director should convene a nongovernmental 
advisory committee to provide expertise on ``recreational boating 
facilities needs.''
    Response: Under the Federal Advisory Committee Act ( Pub. L. 92-
463, 5 U.S.C. App.1), requirements for creating an advisory committee 
would significantly delay the distribution of the first cycle grant 
funds. However, opportunities may exist for the nongovernmental 
community to participate in the grant selection process, and the 
Service will investigate such opportunities.
    Issue 48. Are maintenance and operation costs in remote areas 
eligible under Sec. 86.20(4)?
    Response: We cover maintenance under Sec. 86.20(a); we specifically 
exclude operation and janitorial costs under Sec. 86.21.
    Issue 49. Provide sufficient time to rank and award proposals.
    Response: We changed the application period for the first grant 
cycle to allow applicants 90 days to submit grant proposals to the 
appropriate Service Regional Office. This change occurs in Sec. 86.50.

Regulatory Planning and Review (E.O. 12866)

    In accordance with the criteria in Executive Order 12866, this rule 
is a significant regulatory action according to the following:
    (a) This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. Program funds total $8 
million per year for 4 years, for a total of $32 million. Program funds 
for surveys total $1,050,000. States must match these amounts with 25 
percent or $2 million per year. State match totals $8 million over 4 
years. The program will not negatively affect an economic sector, 
productivity, jobs, and other units of government. The program will 
have a positive effect on these factors.
    (b) This rule will not create inconsistencies with other agencies' 
actions. We will require the necessary Federal, State, and local 
reviews and permits before allowing construction of all facilities 
approved under the program. These reviews will ensure that this rule 
will not create inconsistencies with other agencies' actions.
    (c) This rule will materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
This rule establishes a new grant program using existing funds that are 
otherwise available to State natural resource agencies under the Sport 
Fish Restoration Act (16 U.S.C. 777-777m). Recipients will voluntarily 
accept all stipulations prior to the Service awarding funds for 
facility construction. The program only obligates the recipient to 
maintain the facility. User fees are not mandatory and the program 
allows only enough charges to maintain the facility established by the 
grant.
    (d) This rule will not raise novel legal or policy issues. This 
program will award funds to States to install facilities for transient 
nontrailerable boats. We will review all actions for compliance with 
the National Environmental Policy Act. This grant program is similar to 
past Federal Aid grant programs for construction of facilities.

Regulatory Flexibility Act

    The Department certifies that this document will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Eight 
million dollars will be available annually for a 4-year period. The 
effects of these regulations occur to agencies in the States, Puerto 
Rico, Guam, the Virgin Islands, American Samoa, the District of 
Columbia, and the Northern Mariana Islands. These are not small 
entities under the Regulatory Flexibility Act. Some small entities, 
mainly marina operators, may receive grant funds. The program will 
place facilities where none exist now, in remote areas where no 
competition exists, and in populated areas where marinas have not 
previously installed them. Employment, investment, productivity, and 
innovation should all increase because the program will construct 
facilities to attract transient boaters. The result will be a net 
transfer of expenditures in the area. U.S.-based enterprises' ability 
to compete with foreign-based enterprises should not be affected by 
this rule.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This regulation is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act, as discussed in the 
Regulatory Planning and Review and Regulatory Flexibility Act sections 
above.

Unfunded Mandates Reform Act

    This regulation does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. This regulation does not have a significant or unique 
effect on State, local, tribal governments, or the private sector. The 
rule establishes a grant program that States may participate in 
voluntarily. A statement containing the information required by the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not necessary.

Takings (E.O. 12630)

    In compliance with Executive Order 12630, this regulation does not 
have significant takings implications. The rule provides standardized 
procedures for administering a Federal discretionary grant program.

Federalism Assessment (E.O. 13132)

    In compliance with Executive Order 13132, this regulation does not 
have sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment. Through this regulation,

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eligible States will receive grants for construction, renovation, 
maintenance of boating facilities, and public information and education 
programs. Therefore, the rule is consistent with Executive Order 13132.

Civil Justice Reform (E.O. 12988)

    In compliance with Executive Order 12988, the Office of the 
Solicitor has determined that this regulation does not unduly burden 
the judicial system and meets the requirements of Secs. 3(a) and 
3(b)(2) of the Order.

Paperwork Reduction Act

    The information collection requirements contained in this 
regulation are only those necessary to fulfill applicable grant 
application requirements of 43 CFR Part 12; see 43 CFR 12.4 for 
information concerning OMB approval of those requirements. We have 
submitted the collections of information contained in this rule to the 
Office of Management and Budget for approval as required under 44 
U.S.C. 3501 et seq. The Service will not collect this information until 
OMB has granted us approval. Additionally, no person may be required to 
respond to a collection of information unless it displays a currently 
valid OMB number.
    The information collection requirement related to the surveys has a 
current OMB Approval Number 1018-0106 under the provisions of 44 U.S.C. 
3501 et seq. In response to the comments received on the technical 
aspects of the proposed survey, we revised the survey improving the 
guidance, questions, and a lower time burden for completion.

What Intergovernmental Review Procedures Must I as a State follow?

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' and 43 CFR Part 9, ``Intergovernmental Review of Department 
of the Interior Programs and Activities,'' applies to the national BIG 
Program. Under the Order, you may design your own processes to review 
and comment on proposed Federal assistance under covered programs.

What Is My Responsibility as a State if I Participate in the Executive 
Order Process Having Single Points of Contact?

    You should alert your Single Points of Contact (SPOC) to the 
prospective applications and receive any necessary instructions to 
provide material the SPOC requires. You must submit all required 
materials, if any, to the SPOC and show the date of this submittal (or 
the date of contact if the SPOC does not require submittal) on the 
narrative. If you are from a State that chooses to exempt the grants, 
you need take no action regarding E.O. 12372.

Author

    The principal author of this rule is Steve Farrell, Project 
Officer, U.S. Fish and Wildlife Service, Division of Federal Aid, 4401 
North Fairfax Drive, Suite 140, Arlington, Virginia 22203.

Regulation Promulgation

    Accordingly, the Service hereby establishes part 86, subchapter F 
of Chapter I, Title 50 Code of Federal Regulations, as set forth below:

List of Subjects in 50 CFR Part 86

    Administrative practice and procedure, Boats and boating, Grant 
programs--recreation, Natural resources, Recreation and recreation 
areas, Reporting and record keeping requirements.

    For the reasons set out in the preamble, we amend Subchapter F of 
Chapter I, Title 50 of the Code of Federal Regulations, by adding a new 
part 86 to read as follows.

PART 86--BOATING INFRASTRUCTURE GRANT (BIG) PROGRAM

Subpart A--General Information About the Grant Program
Sec.
86.10   What does this regulation do?
86.11   What does the national BIG Program do?
86.12   Definitions of Terms Used in Part 86
86.13   What is boating infrastructure?
86.14   Who may apply for these grants?
86.15   How does the grant process work?
86.16   What are the information collection requirements?
Subpart B--Funding State Grant Proposals
86.20   What activities are eligible for funding?
86.21   What activities are ineligible for funding?
Subpart C--Public Use of the Facility
86.30   Must I allow the public to use the grant-funded facilities?
86.31   How much money may I charge the public to use tie-up 
facilities?
Subpart D--Funding Availability
86.40   How much money is available for grants?
86.41   How long will the money be available?
86.42   What are the match requirements?
86.43   May someone else supply the match?
86.44   What are my allowable costs?
86.45   When will I receive the funds?
Subpart E--How States Apply for Grants
86.50   When must I apply?
86.51   To whom must I apply?
86.52   What information must I include in my grant proposals?
86.53   What are funding tiers?
86.54   How must I submit proposals?
86.55   What are my compliance requirements with Federal laws, 
regulations, and policies?
Subpart F--How the Service Selects Projects To Receive Grants
86.60   What are the criteria used to select projects for grants?
86.61   What process does the Service use to select projects for 
grants?
86.62   What must I do after my project has been selected?
86.63   May I appeal if my project is not selected?
Subpart G--How States Manage Grants
86.70   What are my requirements to acquire, install, operate, and 
maintain real and personal property?
86.71   How will I be reimbursed?
86.72   Do any other Federal requirements apply to this program?
86.73   What if I do not spend all the money?
86.74   What if I need more money?
Subpart H--Reporting Requirements for the States
86.80   What are my reporting requirements for this grant program?
86.81   When are the reports due?
86.82   What must be in the reports?
Subpart I--State Use of Signs and Sport Fish Restoration Symbols
86.90   What are my responsibilities for information signs?
86.91   What are my program crediting responsibilities?
86.92   Who can use the SFR logo?
86.93   Where should I use the SFR logo?
86.94   What crediting language should I use?
Subpart J--Service Completion of the National Framework
86.100   What is the National Framework?
86.101   What is the Service schedule to adopt the National 
Framework?
86.102   How did the Service design the National Framework?
Subpart K--How States Will Complete a Boat Access Needs Survey (Survey)
86.110   What does the survey do?
86.111   Must I do a survey?
86.112   What are the advantages of doing a survey?
86.113   What if I have recently completed a survey?
86.114   Do I need to conduct a survey if I already have a plan for 
installing tie-up facilities?
86.115   How should I administer the survey?
86.116   May I change the questions in the survey?
86.117   [Reserved]
86.118   What does this survey include?
Subpart L--Completing the Comprehensive National Assessment
86.120   What is the Comprehensive National Assessment?
86.121   What does the Comprehensive National Assessment do?

[[Page 5287]]

86.122   Who completes the Comprehensive National Assessment?
86.123   Comprehensive National Assessment schedule.
86.124   What are the Comprehensive National Assessment products?
Subpart M--How States Will Complete the State Program Plans
86.130   What does the State program plan do?
86.131   Must I do a plan?
86.132   What are the advantages to doing a plan?
86.133   What are the plan standards?
86.134   What if I am already carrying out a plan?
86.135   [Reserved]
86.136   What must be in the plan?
86.137   What variables should I consider?

    Authority: 16 U.S.C. 777g, 777g-1.

Subpart A--General Information About the Grant Program


Sec. 86.10  What does this regulation do?

    In this part, the terms ``I,'' ``you,'' ``my,'' and ``your'' refer 
to the State agency seeking participation in the national Boating 
Infrastructure Grant (BIG) Program. ``We'' and ``us'' refers to the 
Fish and Wildlife Service. This part establishes your requirements 
under the Sportfishing and Boating Safety Act of 1998 to:
    (a) Participate in the national BIG Program,
    (b) Complete your boat access survey, and
    (c) Develop State plans to install tie-up facilities for transient 
nontrailerable recreational vessels.


Sec. 86.11  What does the national BIG Program do?

    This program provides funds for States to construct, renovate, and 
maintain tie-up facilities with features for transient boaters in 
vessels 26 feet or more in length, and to produce and distribute 
information and educational materials about the program.


Sec. 86.12  Definitions of terms used in part 86.

    For the purposes of this part, the following terms are defined:
    Construct means engaging in activities that produce new capital 
improvements and increase the value or usefulness of existing property. 
These activities include building new tie-up facilities or replacing or 
expanding existing tie-up facilities.
    Grant means financial assistance the Federal Government awards to 
an eligible applicant.
    Grant agreement means a contractual agreement used to obligate 
Federal Aid funds for carrying out work covered by an approved grant 
proposal.
    Maintain means engaging in activities that allow the facility to 
continue to function, such as repairing docks. These activities exclude 
routine janitorial activities.
    Navigable waters means waters connected to or part of the 
jurisdictional waters of the United States that transient 
nontrailerable recreational vessels currently use or can use.
    Nontrailerable recreational vessels mean motorized boats 26 feet or 
more in length manufactured for and operated primarily for pleasure, 
including vessels leased, rented, or chartered to another person for 
his or her pleasure.
    Project means a specific plan or design.
    Proposal means a description of one or more projects for which a 
State requests grant funds.
    Recreational waters means navigable waters that vessels use for 
recreational purposes.
    Renovate means to rehabilitate or repair a tie-up facility to 
restore it to its original intended purpose, or to expand its purpose 
to allow transient nontrailerable recreational vessels.
    States means individual States within the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands.
    Survey instrument means a tool developed by the Service and 
approved by OMB to assess the need for boating facilities.
    Tie-up facilities mean facilities that transient nontrailerable 
recreational vessels occupy temporarily, not to exceed 10 consecutive 
days; for example, temporary shelter from a storm; a way station en 
route to a destination; a mooring feature for fishing; or a dock to 
visit a recreational, historic, cultural, natural, or scenic site.
    Transient means passing through or by a place, staying 10 days or 
less.
    Water-body means the lake, section of river, or specific area of 
the coast, such as a harbor or cove, where tie-up facilities or boat 
access sites are located.


Sec. 86.13  What is boating infrastructure?

    Boating infrastructure refers to features that provide stopover 
places for transient nontrailerable recreational vessels to tie up. 
These features include, but are not limited to:
    (a) Mooring buoys (permanently anchored floats designed to tie up 
nontrailerable recreational vessels);
    (b) Day-docks (tie-up facilities that do not allow overnight use);
    (c) Navigational aids (e.g., channel markers, buoys, and 
directional information);
    (d) Transient slips (slips that boaters with nontrailerable 
recreational vessels occupy for no more than 10 consecutive days);
    (e) Safe harbors (facilities protected from waves, wind, tides, 
ice, currents, etc., that provide a temporary safe anchorage point or 
harbor of refuge during storms);
    (f) Floating docks and fixed piers;
    (g) Floating and fixed breakwaters;
    (h) Dinghy docks (floating or fixed platforms that boaters with 
nontrailerable recreational vessels use for a temporary tie-up of their 
small boats to reach the shore);
    (i) Restrooms;
    (j) Retaining walls;
    (k) Bulkheads;
    (l) Dockside utilities;
    (m) Pumpout stations;
    (n) Recycling and trash receptacles;
    (o) Dockside electric service;
    (p) Dockside water supplies;
    (q) Dockside pay telephones;
    (r) Debris deflection booms; and
    (s) Marine fueling stations.


Sec. 86.14  Who may apply for these grants?

    You, with authority from your State Government. You must identify 
one key contact only and submit proposals through this person.


Sec. 86.15  How does the grant process work?

    To ensure that grants address the highest national priorities 
identified in the Act, we make funds available on a competitive basis. 
You must submit your proposals by the appropriate date as specified in 
Sec. 86.50. You must address certain questions and criteria (listed in 
Sec. 86.52) to be eligible and competitive. We will conduct a panel 
review of all proposals, and the Service Director will make the final 
grant awards. You may begin work on your project only after you receive 
a fully executed grant agreement.


Sec. 86.16  What are the information collection requirements?

    This part contains both routine information collection and survey 
requirements, as follows:
    (a) The routine information collection requirements for grants 
applications and associated record keeping contained in this part are 
only those necessary to fulfill applicable requirements of 43 CFR part 
12. These requirements include record keeping and reporting 
requirements. See 43 CFR 12.4 for information concerning OMB approval 
of those requirements.
    (b) The revised information collection requirements related to the 
surveys will be submitted to OMB for approval as changed. They will not 
be imposed until

[[Page 5288]]

we receive OMB approval under the provisions of 44 U.S.C. 3501 et seq. 
The surveys are voluntary and are for States to determine the adequacy, 
number, location, and quality of facilities that provide public access 
for all sizes of recreational boats. The public's burden estimate for 
the survey is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
                                                                     Number of     required per    Annual burden
                       Type of information                         respondents*      response          hours
                                                                                     (minutes)
----------------------------------------------------------------------------------------------------------------
Boat owners: Part A.............................................          11,200              12           2,240
Boat owners: Part B.............................................          28,000              12           5,600
Boat Service Providers: Part C..................................           8,400              20           2,800
Boat Service Providers: Part D..................................           4,000              20          1,333
----------------------------------------------------------------------------------------------------------------
\*\ These numbers are not additive since some boaters will fill out both Parts A and B, and most of the
  providers will fill out both Parts C and D.

    (c) Send comments regarding this collection of information to the 
Service Information Collection Clearance Officer, MS--222 ARLSQ, Fish 
and Wildlife Service, Washington, DC 20240, and the Office of 
Management and Budget, Department of Interior, Desk Officer, 1849 C 
Street, NW., Washington, DC 20503. An Agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
OMB has up to 60 days to approve or disapprove the information 
collection but may respond after 30 days. Therefore, to ensure maximum 
consideration, you must send your comments to OMB by the above 
referenced date.

Subpart B--Funding State Grant Proposals


Sec. 86.20  What activities are eligible for funding?

    Your project is eligible for funding if you propose to:
    (a) Construct, renovate, and maintain either publicly or privately 
owned boating infrastructure tie-up facilities. To be eligible you 
must:
    (1) Build these tie-up facilities on navigable waters, available to 
the public. You must design new construction and renovations to last at 
least 20 years;
    (2) Design these tie-up facilities for temporary use for transient 
nontrailerable recreational vessels;
    (3) Build these tie-up facilities in water deep enough for 
nontrailerable recreational vessels to navigate (a minimum of 6 feet of 
depth at the lowest tide or other measure of lowest fluctuation);
    (4) Provide security, safety, and service for these boats; and,
    (5) Install a pumpout station, if you construct a facility for 
overnight stays:
    (i) If there is already a pumpout within a reasonable distance 
(generally within 2 miles) of the facility, you may not need one;
    (ii) For facilities intended as day stops, we encourage you to 
install a pumpout; and,
    (iii) You may use funds from the BIG program, or the Clean Vessel 
Act pumpout grant program also administered by us, to pay for a pumpout 
station.
    (b) Do one-time dredging only, to give transient vessels safe 
channel depths between the tie-up facility and maintained channels or 
open water.
    (c) Install navigational aids, limited to giving transient vessels 
safe passage between the tie-up facility and maintained channels or 
open water.
    (d) Apply funds to grant administration.
    (e) Fund preliminary costs:
    (1) Preliminary costs may include any of the following activities 
completed before signing a grant agreement:
    (i) Conducting appraisals;
    (ii) Administering environmental reviews and permitting;
    (iii) Conducting technical feasibility studies, for example, 
studies about environmental, economic, and construction engineering 
concerns;
    (iv) Carrying out site surveys and engaging in site planning;
    (v) Preparing cost estimates; and
    (vi) Preparing working drawings, construction plans, and 
specifications.
    (2) We will fund preliminary costs only if we approve the project.
    (3) If the project is approved, the appropriate Service Regional 
Director must still approve preliminary costs.
    (f) Produce information and education materials such as charts, 
cruising guides, and brochures.


Sec. 86.21  What activities are ineligible for funding?

    Your project is ineligible for funding if you propose to:
    (a) Complete a project that does not provide public benefits, for 
instance, a project that is not open to the public for use;
    (b) Involve law enforcement activities;
    (c) Significantly degrade or destroy valuable natural resources or 
alter the cultural or historic nature of the area;
    (d) Construct or renovate principal structures not expected to last 
at least 20 years;
    (e) Do maintenance dredging;
    (f) Fund operations or routine, custodial, and janitorial 
maintenance of the facility;
    (g) Construct, renovate, or maintain boating infrastructure tie-up 
facilities for nontrailerable vessels, for example the following:
    (1) Tie-up slips available for occupancy for more than 10 
consecutive days by a single party;
    (2) Dryland storage;
    (3) Haul-out features; and
    (4) Boating features for trailerable or ``car-top'' boats (boats 
less than 26 feet in length), such as launch ramps and carry-down 
walkways.
    (h) Develop a State program plan to construct, renovate, and 
maintain boating infrastructure tie-up facilities; and
    (i) Conduct surveys to determine boating access needs.
    (1) You may conduct the survey with funds allocated to motorboat 
access to recreational waters under subsection (b)(1) of section 8 of 
the Federal Aid in Sport Fish Restoration Act of 1950, as amended (16 
U.S.C. 777).
    (2) You may combine surveys under one contractor where feasible if 
you can realize a cost or other savings.

Subpart C--Public Use of the Facility


Sec. 86.30  Must I allow the public to use the grant-funded facilities?

    (a) You must allow reasonable access to all recreational vessels 
for the useful life of the tie-up facilities. Accessible to the public 
means located where the public can reasonably reach the facility and 
where all boats typical to that facility can easily use it, charging 
equitable fees, and being open for reasonable periods. You must allow 
public access to the shore and basic features such as fuel and 
restrooms in facilities that have them. You must specify precise 
details of the public access in the contract with the facility

[[Page 5289]]

manager. We do not require public access to the remainder of a park or 
marina where the facility is found. Nor do we require any restrictions 
in that park or marina.
    (b) You must comply with Americans with Disabilities Act 
requirements when you construct or renovate all tie-up facilities under 
this grant.


Sec. 86.31  How much money may I charge the public to use tie-up 
facilities?

    You may charge the public only a reasonable fee, based on the 
prevailing rate in the area. You must determine a fee that does not 
pose an unreasonable, competitive amount, based on other publicly and 
privately owned tie-up facilities in the area. You must approve any 
proposed changes in fee structure by a sub-grantee.

Subpart D--Funding Availability


Sec. 86.40  How much money is available for grants?

    There is $32 million available for grants under the BIG program ($8 
million per year for fiscal years 2000-2003).


Sec. 86.41  How long will the money be available?

    Under the Act, funding for the BIG program is provided for FY 2000-
2003. Each year's funds remain available for obligation for a total of 
three fiscal years (e.g. FY 2000 funds will remain available through FY 
2002) (16 U.S.C. 777c(b)(3)(B)).


Sec. 86.42  What are the match requirements?

    The Act authorizes the Secretary of the Interior (through the 
Director of the U.S. Fish and Wildlife Service (Service)) to award 
grants to States to pay up to 75 percent of the cost to construct, 
renovate, or maintain tie-up facilities for transient nontrailerable 
recreational vessels. You or a partner must pay the remaining project 
cost--at least a 25 percent match is required. Title 43 CFR 12.64 
applies to cost sharing or matching requirements for Federal grants.


Sec. 86.43  May someone else supply the match?

    Third-party contribution, including property and in-kind services, 
is allowable, but must be necessary and reasonable to accomplish grant 
objectives. In-kind contributions must also represent the current 
market value of noncash contributions that the third party furnishes as 
part of the grant.


Sec. 86.44  What are my allowable costs?

    (a) The State may spend grant funds to pay only costs that are 
necessary and reasonable to accomplish the approved grant objectives. 
Grant costs must meet the applicable Federal cost principles in 43 CFR 
12.62. You may purchase informational and program signs as allowable 
costs.
    (b) If you include purposes other than those eligible under the 
Act, you must prorate the costs equitably according to Federal cost 
principles in 43 CFR 12.62 and 50 CFR 80.15.


Sec. 86.45  When will I receive the funds?

    Once you sign the grant agreement, we will make the funds 
available.

Subpart E--How States Apply for Grants


Sec. 86.50  When must I apply?

    (a) We will accept proposals between February 20, 2001, and May 18, 
2001, for the first grant cycle; between July 1, 2001, and September 
30, 2001, for the second grant cycle; and between July 1, 2002, and 
September 30, 2002, for the third grant cycle. This program starts 
fiscal year 2000 and ends fiscal year 2003. We will have $16 million to 
award the first grant cycle, and $8 million each cycle after that.
    (b) The annual schedule follows:

----------------------------------------------------------------------------------------------------------------
                Action                       FY 2000-2001               FY 2002                  FY 2003
----------------------------------------------------------------------------------------------------------------
We announce the beginning of the       February 20, 2001......  July 1, 2001...........  July 1, 2002.
 grant cycle.
You submit your grant proposal by....  May 18, 2001...........  September 30, 2001.....  September 30, 2002.
Regions submit the proposals to        June 18, 2001..........  October 31, 2001.......  October 31, 2002.
 Washington by.
We rank the proposals by.............  July 17, 2001..........  November 30, 2001......  November 30, 2002.
The Director approves proposals by...  August 16, 2001........  December 31, 2001......  December 31, 2002.
Regions finalize their grant           October 15, 2001.......  February 28, 2002......  February 28, 2003.
 agreements by.
----------------------------------------------------------------------------------------------------------------

Sec. 86.51   To whom must I apply?

    You must submit your proposals to the appropriate regional office 
of the U.S. Fish and Wildlife Service. See the chart below for the 
address you will need.

----------------------------------------------------------------------------------------------------------------
        Region                State               Address                           Telephone
----------------------------------------------------------------------------------------------------------------
1....................  California, Hawaii,  Division of Federal  503-231-6128, Fax: 503-231-6996
                        Idaho, Nevada,       Aid, U.S. Fish &
                        Oregon,              Wildlife Service,
                        Washington,          Eastside Federal
                        American Samoa,      Complex, 911 NE
                        Commonwealth of      11th Avenue,
                        the Northern         Portland, OR 97232-
                        Mariana Islands,     4181.
                        and Guam.
2....................  Arizona, New         Division of Federal  505-248-7450, Fax: 505-248-7471
                        Mexico, Oklahoma,    Aid, U.S. Fish &
                        and Texas.           Wildlife Service,
                                             P.O. Box 1306, 625
                                             Silver, SW, Suite
                                             325, Albuquerque,
                                             NM 87102.
3....................  Illinois, Indiana,   Division of Federal  612-713-5130, Fax: 612-713-5290
                        Iowa, Michigan,      Aid, U.S. Fish &
                        Minnesota,           Wildlife Service,
                        Missouri, Ohio,      Bishop Henry
                        and Wisconsin.       Whipple Federal
                                             Building, 1
                                             Federal Drive,
                                             Fort Snelling, MN
                                             55111-4056.
4....................  Alabama, Arkansas,   Division of Federal  404-679-4159, Fax: 404-679-4160
                        Florida, Georgia,    Aid, U.S. Fish &
                        Kentucky,            Wildlife Service,
                        Louisiana,           1875 Century
                        Mississippi, North   Boulevard, Suite
                        Carolina, South      324, Atlanta,
                        Carolina,            Georgia 30345.
                        Tennessee, Puerto
                        Rico, and the
                        Virgin Islands.

[[Page 5290]]

 
5....................  Connecticut,         Division of Federal  413-253-8200, Fax: 413-253-8487
                        Delaware, District   Aid, U.S. Fish &
                        of Columbia,         Wildlife Service,
                        Maine, Maryland,     300 Westgate
                        Massachusetts, New   Center Drive,
                        Hampshire, New       Hadley, MA 01035-
                        Jersey, New York,    9589.
                        Pennsylvania,
                        Rhode Island,
                        Vermont, Virginia,
                        and West Virginia.
6....................  Colorado, Kansas,    Division of Federal  303-236-7392, Fax: 303-236-8192
                        Montana, Nebraska,   Aid, U.S. Fish &
                        North Dakota,        Wildlife Service,
                        South Dakota,        Denver Federal
                        Utah, and Wyoming.   Center, P.O. Box
                                             25486, Lake Plaza
                                             North Building,
                                             134 Union
                                             Boulevard, 4th
                                             Floor, Denver,
                                             Colorado 80225.
7....................  Alaska.............  Division of Federal  907-786-3435, Fax: 907-786-3575
                                             Aid, U.S. Fish &
                                             Wildlife Service,
                                             1011 East Tudor
                                             Road, Anchorage,
                                             Alaska 99503.
----------------------------------------------------------------------------------------------------------------

Sec. 86.52  What information must I include in my grant proposals?

    You must submit the following standard forms and narrative for all 
projects (Tier One and Tier Two) (see Sec. 86.53):
    (a) Standard Form 424 series as prescribed by the Office of 
Management and Budget. The SF 424 series consists of the Applications 
for Federal Assistance (SF 424), Budget Information--Non-Construction 
Programs (SF 424A), Assurances--Non-Construction Programs (SF 424B), 
Budget Information--Construction Programs (SF 424C), and Assurances--
Construction Programs (SF 424D). Submit forms appropriate for either 
construction or nonconstruction projects. Forms are available from your 
appropriate Service Regional Office.
    (b) Information requested under OMB Circular A-102 (Application 
Booklet for Federal Aid Grants--pending approval under the Paperwork 
Reduction Act).


Sec. 86.53  What are funding tiers?

    (a) This grant program will consist of two tiers of funding.
    (i) You may apply for one or both tiers.
    (ii) The two tiers will allow all States some certainty of base 
level funding.
    (b) Tier One funding will ensure broad geographical distribution to 
meet the needs of transient nontrailerable recreational vessels.
    (c) Tier Two funding will allow States with large projects to 
compete with other States with large projects based on individual 
project merits.
    (d) We describe the two tiers as follows:
    (1) Tier One Projects.
    (i) You may submit a proposal with an unlimited number of projects 
within this tier. However, your total request cannot exceed $100,000 of 
Federal funds for any given fiscal year.
    (ii) Tier One projects must meet the eligibility requirements in 
Secs. 86.14 and 86.20.
    (2) Tier Two Projects.
    (i) While we expect available funds for Tier Two proposals to be 
between $3 million and $4 million per grant cycle, we have no dollar 
limit for Tier Two proposals. You may submit any number of projects, 
which we will score and rank separately according to the criteria in 
Sec. 86.60.
    (ii) Each project will compete nationally against every other 
project in Tier Two.
    (iii) Tier Two projects must also meet the eligibility requirements 
in Secs. 86.14 and 86.20.


Sec. 86.54  How must I submit proposals?

    (a) You may apply for either Tier One funding or Tier Two funding 
or both.
    (b) You may submit more than one project proposal within Tier One 
and Tier Two.
    (c) You may submit one proposal that includes Tier One and Tier Two 
projects.
    (d) If your proposal includes Tier One and Tier Two projects, you 
must describe Tier One projects separately from Tier Two projects.
    (e) You must describe each project in Tier Two separately, so that 
the Service can rank and score each project in Tier Two separately.
    (f) For the first grant cycle, which includes fiscal years 2000 and 
2001, a State may submit one Tier One proposal not to exceed $100,000 
per fiscal year. States should submit proposals between February 20, 
2001, and May 18, 2001. We will fund one Tier One proposal per State 
for each fiscal year provided that each proposal meets the eligibility 
requirements in Secs. 86.14 and 86.20. Fiscal year 2000 funds are 
available only for Tier One proposals. Tier One proposals need not meet 
the criteria in Sec. 86.60. We will fund Tier Two proposals received 
between February 20, 2001, and May 18, 2001, that meet the criteria in 
Secs. 86.14, 86.20, and 86.60 with fiscal year 2001 funds and the 
remainder of fiscal year 2000 funds.
    (g) For the remaining grant cycles, you may submit only one 
proposal of Tier One projects per fiscal year.
    (h) When we approve projects, the appropriate Service Regional 
Office will determine how many grant agreements are necessary.


Sec. 86.55  What are my compliance requirements with Federal laws, 
regulations, and policies?

    (a) To receive Federal funds, you must agree to and certify 
compliance with all applicable Federal laws, regulations, and policies. 
You must submit an Assurance Statement, as described in 43 CFR part 
12.51(c), that describes how you comply with Federal grant 
requirements; and
    (b) You may have to provide additional documentation to comply with 
environmental and other laws, as defined in Fish and Wildlife Service 
Manual 523 FW 1 (available on the internet at http://www.fws.gov/directives/523fw1.html). The Service Regional Office Grant 
Administrator may request preliminary evidence at the grant proposal 
stage that the proposed project will meet these compliance 
requirements. Consult with the appropriate Service Regional Office for 
specific applicability.

Subpart F--How the Service Selects Projects To Receive Grants


Sec. 86.60  What are the criteria used to select projects for grants?

    (a) We will rank all Tier Two proposals according to the criteria 
in paragraph (b) of this section and the attached chart, which sets 
forth points we will ascribe for various factors.
    (b) We will consider proposals that:


[[Page 5291]]



(1) Plan to construct, renovate, and maintain    15 points.
 tie-up facilities for transient nontrailerable
 recreational vessels following priorities
 identified in your State's program plan (see
 Subpart M for State program plan information)
 that the Secretary of the Interior has
 approved under section 7404(c) of the
 Sportfishing and Boating Safety Act.
(2) Provide for public/private and public/
 public partnership efforts to develop,
 renovate, and maintain tie-up facilities.
 These partners must be other than the Service
 and lead State agency:
    (i) One partner............................  5 points.
    (ii) Two partners..........................  10 points.
    (iii) Three or more partners...............  15 points.
(3) Use innovative techniques to increase the    0-15 points.
 availability of tie-up facilities for
 transient nontrailerable recreational vessels
 (includes education/information).
(4) Include private, local, or other State
 funds in addition to the non-Federal match,
 described in Sec.  86.42:
    (i) Twenty-six percent to thirty-five        5 points.
     percent.
    (ii) Between thirty-six and forty-nine       10 points.
     percent.
    (iii) Fifty percent and above..............  15 points.
(5) Are cost efficient. Proposals are cost       0-10 points.
 efficient when the tie-up facility or access
 site's features add a high value compared with
 the funds from the proposal, for example,
 where you construct a small feature such as a
 transient mooring dock within an existing
 harbor that adds high value and opportunity to
 existing features (restrooms, utilities,
 etc.). A proposal that requires installing all
 of the above features would add less value for
 the cost.
(6) Provide a significant link to prominent      10 points.
 destination way points such as those near
 metropolitan population centers, cultural or
 natural areas, or that provide safe harbors
 from storms.
(7) Provide access to recreational, historic,
 cultural, natural, or scenic opportunities of
 national, regional, or local significance.
 Projects that provide access to opportunities
 of national, regional, or local significance
 receive 5 points for each, for a maximum of 15
 points
(8) Provide significant positive economic        1-5 points.
 impacts to a community. For example, a project
 that costs $100,000 and attracts a number of
 boaters who altogether spend $1 million a year
 in the community.
(9) Include multi-State efforts that result in   5 points.
 coordinating location of tie-up facilities.
(10) Total possible points.....................  105 points.
------------------------------------------------------------------------

      

------------------------------------------------------------------------
                         Criteria                              Points
------------------------------------------------------------------------
(1) Construct Tie-up Facilities...........................         15
(2) Provide Partnership Efforts...........................          5-15
(3) Use Innovative Techniques.............................          0-15
(4) Include Other Funding Sources.........................          5-15
(5) Are Cost Efficient....................................          0-10
(6) Provide Way Point Linkage.............................         10
(7) Provide Access To Opportunities.......................          5-15
(8) Provide Significant Economic Impacts..................          1-5
(9) Include Multi-State Efforts...........................          5
(10) Total Possible Points................................        105
------------------------------------------------------------------------

Sec. 86.61  What process does the Service use to select projects for 
grants?

    The Service's Division of Federal Aid convenes a panel of 
professional staff to review, rank, and recommend funding to the 
Service Director. This panel will include representatives from the 
Service's Washington, DC, and Regional Offices. The Director may 
convene an advisory panel of nongovernmental organizations to advise 
and make recommendations to the Federal panel. The Service Director 
will select projects for grants by August 16, 2001, August 10, 2001, 
and August 10, 2002, for the three grant cycles.


Sec. 86.62  What must I do after my project has been selected?

    After we approve your award, we will notify you to work with the 
appropriate Service Regional Office to fulfill the grant documentation 
requirements and finalize the grant agreement.


Sec. 86.63  May I appeal if my project is not selected?

    If you have a difference of opinion over the eligibility of 
proposed activities or differences arising over the conduct of work, 
you may appeal to the Director. Final determination rests with the 
Secretary of the Interior (50 CFR 80.7).

Subpart G--How States Manage Grants


Sec. 86.70  What are my requirements to acquire, install, operate, and 
maintain real and personal property?

    (a) You will find applicable regulations for this subject in 43 CFR 
12.71 and 12.72. If you have questions about applicability, contact the 
appropriate Service Regional Office.
    (b) You must ensure that the design and installation of tie-up 
facilities provide for substantial structures that will have a 
significant longevity, at least 20 years.
    (c) You must ensure that you operate, maintain, and use the tie-up 
facilities and features for the stated grant purpose. You must obtain 
prior written approval from the appropriate Service Regional Director 
before you can convert these tie-up facilities to other uses.


Sec. 86.71  How will I be reimbursed?

    For details on how we will pay you, refer to 43 CFR 12.61.


Sec. 86.72  Do any other Federal requirements apply to this program?

    For administrative requirements not covered under these specific 
guidelines, check 43 CFR 12, which generally applies to all Federal 
grant programs.


Sec. 86.73  What if I do not spend all the money?

    Funds not obligated or expended after 3 fiscal years from the date 
of the award revert to the Secretary of Transportation for use in State 
recreational boating safety programs. (16 U.S.C. 777c(b)(3)(B), 16 
U.S.C. 777c(b)(4))


Sec. 86.74  What if I need more money?

    Funds for grants are available only on a competitive basis. 
Therefore, if you need more money, you must compete in the next grant 
cycle.

Subpart H--Reporting Requirements for the States


Sec. 86.80  What are my reporting requirements for this grant program?

    (a) For all projects, you must submit to the appropriate Service 
Regional Office an annual report and a final performance report and 
otherwise comply with 43 CFR 12.80.
    (b) For Tier Two projects, you must submit quarterly reports 
according to 43 CFR 12.80.


Sec. 86.81  When are the reports due?

    Reports are due as follows:
    (a) Annual reports are due 90 days after the grant year ends;
    (b) The final performance report is due 90 days after the 
expiration or termination of grant support;
    (c) Tier Two quarterly reports are due January 31, April 30, July 
31, and October 31 unless specified otherwise in the grant agreement; 
and
    (d) The State must report certified percentage of completion data 
and other significant developments in accordance

[[Page 5292]]

with the grant agreement or 43 CFR 12.80.


Sec. 86.82  What must be in the reports?

    The reports must include the following:
    (a) You must identify the actual accomplishments compared to the 
objectives established for the period;
    (b) You must identify the reasons for any slippage if established 
objectives were not met; and
    (c) You must identify any additional pertinent information 
including, when appropriate, analysis and explanation of cost overruns 
or high unit costs.

Subpart I--State Use of Signs and Sport Fish Restoration Symbols


Sec. 86.90  What are my responsibilities for information signs?

    You should install appropriate information signs at boating 
infrastructure tie-up facilities. You should ensure that this 
information is clearly visible, directing boaters to the facility. 
Information should show fees, restrictions, hours of operation, a 
contact name, and telephone number to report an inoperable facility.


Sec. 86.91  What are my program crediting responsibilities?

    You should give public credit to the Federal Aid in Sport Fish 
Restoration (SFR) program as the source of funding for the BIG Program. 
You should recognize this program by using the SFR logo. You are 
encouraged to use the crediting logo identified in Sec. 80.26 of this 
chapter to identify national BIG Program projects.


Sec. 86.92  Who can use the SFR logo?

    The States may use the SFR logo and should encourage others to 
display it. Other people or organizations may use the logo for purposes 
related to the national BIG Program as authorized in Sec. 80.26 of this 
chapter.


Sec. 86.93  Where should I use the SFR logo?

    You should display the logo on tie-up facilities that you 
construct, acquire, develop, or maintain under these grants. You should 
also use the logo on printed material or other visual representations 
that relate to project accomplishments or education/information. Refer 
to Sec. 85.47 of this chapter for logo colors.


Sec. 86.94  What crediting language should I use?

    Suggested examples of language to use when crediting the national 
BIG Program follow:
    (a) Example 1: The Federal Aid in Sport Fish Restoration Program 
funded this facility thanks to your purchase of fishing equipment and 
motorboat fuels.
    (b) Example 2: The Federal Aid in Sport Fish Restoration Program is 
funding this construction thanks to your purchase of fishing equipment 
and motorboat fuels. And,
    (c) Example 3: The Federal Aid in Sport Fish Restoration Program 
funded this (pamphlet) thanks to your purchase of fishing equipment and 
motorboat fuels.

Subpart J--Service Completion of the National Framework


Sec. 86.100  What is the National Framework?

    The National Framework is the survey, required by the Act, you must 
use to determine boating access needs in your State. Through a State 
survey, you must conduct a boating access needs assessment or data 
collection to determine the adequacy, number, location, and quality of 
tie-up facilities and boat access sites providing access to 
recreational waters for all sizes of recreational boats.


Sec. 86.101  What is the Service schedule to adopt the National 
Framework?

    The Secretary of the Interior adopted the National Framework on 
September 28, 2000 via a notice in the Federal Register (Volume 65, 
Number 189, Page 58284).


Sec. 86.102  How did the Service design the National Framework?

    The Framework divides the survey into two components: boater 
survey, and boat access provider survey.
    (a) The purpose of the boater survey component is to identify boat 
user preferences and concerns for existing and needed access available 
to the public.
    (1) The nontrailerable boat data set will fulfill informational 
needs for you to develop your State program plans as called for in the 
Act.
    (2) The boater survey will survey registered boat owners in your 
State for two types of boats:
    (i) Part A--for nontrailerable recreational vessels.
    (ii) Part B--for trailerable and ``car-top'' boats (less than 26 
feet long).
    (b) The purpose of the boat access provider component is to 
identify boat access providers' ideas about current and needed facility 
and site locations and perceptions of boat user preferences and 
concerns regarding access. We developed these questions to guide 
interviews of boat access facility and site managers.
    (1) The nontrailerable boat data set will fulfill the informational 
needs for you to develop your State plans as called for in the Act.
    (2) The boat access provider survey will survey facility providers 
in your State for two types of boats:
    (i) Part C--a survey to all providers in your State who allow 
public access, including State agency and non-State entities (Federal 
and local government entities, corporate and private/commercial 
providers), and operate tie-up facilities for nontrailerable 
recreational vessels.
    (ii) Part D--a survey to all providers in your State who allow 
public access and operate boat access sites for boats less than 26 feet 
long.

Subpart K--How States Will Complete Access Needs Surveys


Sec. 86.110  What does the State survey do?

    The State survey determines the status of boating access facilities 
for all recreational boats in your State and your future boater access 
needs.


Sec. 86.111  Must I do a survey?

    The Act does not require surveys. They are voluntary. However, if 
you do a survey, you must complete it following the National Framework 
to receive funds. You must transmit the results to the Service Regional 
Offices in a common electronic format, such as Microsoft Word, Word 
Perfect, Excel or Quattro Pro.


Sec. 86.112  What are the advantages of doing a survey?

    Surveys provide the information necessary to fully understand the 
needs of boaters in your State. Surveys allow you to develop a 
meaningful plan to provide better access to boaters. Use surveys to 
complete the plan.


Sec. 86.113  What if I have recently completed a boat access survey?

    If the recent survey substantially answers the provisions in 
Sec. 86.118, the appropriate Service Regional Office will determine if 
it is sufficient to meet the needs of the program. If the Regional 
Office determines that the survey is not sufficient, you must complete 
that portion(s) or an entire new survey to receive credit for 
completing a recent survey.


Sec. 86.114  Do I need to conduct a survey if I already have a plan for 
installing tie-up facilities?

    You need not conduct the survey if the appropriate Secretary of the 
Interior certifies that you have developed and are carrying out a State 
program plan, as described in Subpart M of this chapter, that ensures 
that public boat access exists and is adequate to meet the needs of 
recreational boaters on your waters.

[[Page 5293]]

Sec. 86.115  How should I administer the survey?

    Use a consultant or university specializing in administration of 
such surveys. Use sample sizes large enough to achieve statistical 
accuracy so the estimate is within plus or minus 10 percent of the true 
number.
    (a) You may use a telephone, mail, or other type of survey for a 
sample population of boaters within the State. Costs for telephone and 
mail surveys are roughly similar. However, response rates for mail 
surveys are generally lower.
    (b) For boat access providers, we prefer that you survey all State 
agency and non-State providers, but you may survey a sample population.
    (c) You may develop your own methodology to collect data, which may 
include telephone, mail, fax, or other inventory means. We do not 
expect you to use automated, electronic, mechanical, or similar means 
of information collection.
    (d) Data collected are unique to each respondent. Data collection 
should use standard survey method criteria to gather information from 
each respondent.


Sec. 86.116  May I change the questions in the survey?

    You must not change the questions because we need information that 
is comparable nationwide. We have developed a survey instrument for 
completing the surveys. We are seeking approval from OMB on the survey 
questions and the OMB approval does not extend to additional questions.


Sec. 86.117  Reserved for survey approval schedule.


Sec. 86.118  What does this survey instrument include?

    (a) We divided this survey into four parts. Part A being for 
transient nontrailerable boat owners. Part B is for trailerable or 
``car-top'' boat owners. Part C is for State agency and non-State 
providers of facilities for nontrailerable recreational vessels in the 
State. Part D is for State and non-State providers of access sites for 
trailerable or ``car-top'' boats.
    (b) Follow these instructions to complete Part A--BOAT OWNER SURVEY 
FOR TIE-UP FACILITIES FOR NONTRAILERABLE RECREATIONAL VESSELS:
    (1) If the boater owns a nontrailerable recreational vessel, ask 
the boater to fill out Part A;
    (2) If the boater owns more than one boat 26 feet or more in 
length, ask the boater to provide information for the boat he or she 
uses most often;
    (3) If the boater owns at least one boat more than and at least one 
boat less than 26 feet in length, ask the boater to fill out both Parts 
A and B; and,
    (4) You should use a sample size large enough to achieve 
statistical accuracy so the estimate is within 10 percent of the true 
number.
    (c) Follow these instructions to complete Part B--BOAT OWNER SURVEY 
FOR TRAILERABLE OR ``CAR-TOP'' BOAT ACCESS SITES:
    (1) If the boater owns a boat less than 26 feet long, ask the 
boater to fill out Part B;
    (2) If the boater owns more than one boat less than 26 feet long, 
ask the boater to provide information for the boat he or she uses most;
    (3) If the boater owns at least one boat more than and at least one 
boat less than 26 feet in length, ask the boater to complete both Parts 
A and B; and,
    (4) You should use a sample size large enough to achieve 
statistical accuracy so the estimate is within 10 percent of the true 
number.
    (d) Parts C and D are surveys for providers of tie-up facilities 
and boat access sites. Part C is for State agency and non-State 
providers of facilities for nontrailerable recreational vessels in the 
State. Part D is for State and non-State providers of boat access sites 
for boats less than 26 feet in length.
    (e) Follow these instructions to complete Part C--STATE AGENCY AND 
NON-STATE PROVIDER SURVEY FOR TIE-UP FACILITIES:
    (1) Ask State agency and non-State providers of tie-up facilities 
for nontrailerable recreational vessels to fill out Part C.
    (2) If more than one State agency manages these facilities, send 
this survey to all of those agencies.
    (3) If the State agency or non-State provider awards grants to 
others who provide facilities, ask these grantees to respond for these 
facilities instead of the State agency or non-State provider.
    (4) If a State agency or non-State provider operates facilities and 
sites for both nontrailerable and trailerable boats, ask the provider 
to fill out both Parts C and D.
    (5) Ask State agency and non-State providers to identify all tie-up 
facilities.
    (6) For all questions, if you need additional space, make copies of 
the appropriate page.
    (f) Follow these instructions to complete Part D--STATE AGENCY AND 
NON-STATE PROVIDER SURVEY FOR TRAILERABLE BOAT ACCESS SITES:
    (1) Ask State agency and non-State providers of access sites for 
boats less than 26 feet long to fill out Part D.
    (2) Non-State providers include the Federal Government, local 
government, corporations, private owners, and others.
    (3) If more than one State agency manages these sites, send this 
survey to all of them.
    (4) If the State agency or non-State provider awards grants to 
others who provide sites, ask these grantees to respond for these sites 
instead of the State agency or non-State provider.
    (5) If a State agency or non-State provider operates facilities and 
sites for both nontrailerable and trailerable boats, ask the provider 
to fill out both Parts C and D.
    (6) We prefer that the State agency or non-State provider identify 
all boat access sites and water-bodies, but if he or she has many sites 
and water-bodies, the provider may group the information together 
rather than identify each site individually.
    (7) For all questions, if you need additional space, make copies of 
the appropriate page.

Subpart L--Completing the Comprehensive National Assessment


Sec. 86.120  What is the Comprehensive National Assessment?

    The Comprehensive National Assessment is a national report 
integrating the results of State boat access needs and facility 
surveys.


Sec. 86.121  What does the Comprehensive National Assessment do?

    The Comprehensive National Assessment determines nationwide the 
adequacy, number, location, and quality of public tie-up facilities and 
boat access sites for all sizes of recreational boats.


Sec. 86.122  Who completes the Comprehensive National Assessment?

    The Service completes the Assessment. We will develop standards in 
consultation with the States.


Sec. 86.123  Comprehensive National Assessment schedule.

    Using the results from the State surveys, the Service will compile 
the results and produce the Comprehensive National Assessment by 
September 30, 2003.


Sec. 86.124  What are the Comprehensive National Assessment products?

    The Comprehensive National Assessment products are:
    (a) A single report, including the following information:
    (1) A national summary of all the information gathered in the State 
surveys.

[[Page 5294]]

    (2) A table of States showing the results of the information 
gathered.
    (3) One-page individual State summaries of the information.
    (4) Appendices that include the survey questions, and names, 
addresses, and telephone numbers of State contacts.
    (5) An introduction, background, methodology, results, and 
findings.
    (6) Information on the following:
    (i) Boater trends, such as what types of boats they own, where they 
boat, and how often they boat.
    (ii) Boater needs, such as where facilities and sites are now 
found, where boaters need new facilities and boat access sites, and 
what changes of features boaters need at these facilities and sites. 
And
    (iii) Condition of facilities.
    (b) Summary report abstracting important information from the final 
national report. And
    (c) A key findings fact sheet suitable for widespread distribution.

Subpart M--How States Will Complete the State Program Plans


Sec. 86.130  What does the State program plan do?

    The State program plan identifies the construction, renovation, and 
maintenance of tie-up facilities needed to meet nontrailerable 
recreational vessel user needs in the State.


Sec. 86.131  Must I do a plan?

    The Act does not require plans. Plans are voluntary. However, if 
you do a plan, you must complete it following these regulations.


Sec. 86.132  What are the advantages to doing a plan?

    Plans provide the information necessary to fully understand the 
needs of boaters operating nontrailerable recreational vessels in your 
State. The plan will make you more competitive when you submit grants 
under this program. We will give you 15 points for having an approved 
plan.


Sec. 86.133  What are the plan standards?

    You must base State program plans on a recent, completed survey 
following the National Framework.


Sec. 86.134  What if I am already carrying out a plan?

    You need not develop a program plan if we certify that you have 
developed and are carrying out a plan that ensures public boat access 
is and will be adequate to meet the needs of recreational boaters on 
your waters.


Sec. 86.135  Reserved for plan approval schedule.


Sec. 86.136  What must be in the plan?

    The plan must:
    (a) Identify current boat use and patterns of use.
    (b) Identify current tie-up facilities and features open to the 
public and their condition.
    (c) Identify boat access user needs and preferences and their 
desired locations. Include repair, replacement, and expansion needs and 
new tie-up facilities and features needed.
    (d) Identify factors that inhibit boating in specific areas, such 
as lack of facilities, or conditions attached that inhibit full use of 
facilities. Identify strategies to overcome these problems.
    (e) Include information about the longevity of current tie-up 
facilities.


Sec. 86.137  What variables should I consider?

    You should consider the following variables:
    (a) Location of population centers,
    (b) Boat-based recreation demand,
    (c) Cost of development,
    (d) Local support and commitment to maintenance,
    (e) Water-body size,
    (f) Nature of the fishery and other resources,
    (g) Geographic distribution of existing tie-up facilities,
    (h) How to balance the need for new tie-up facilities with the cost 
to maintain and improve existing facilities.

    Dated: December 8, 2000.
Kenneth L. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-951 Filed 1-17-01; 8:45 am]
BILLING CODE 4310-55-P