[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Rules and Regulations]
[Pages 45344-45350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22010]
[[Page 45344]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 85
RIN 1018-AC67
Clean Vessel Act Pumpout Symbol, Slogan and Program Crediting
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This final rule provides definitions for facilities open to
the public and public versus private facilities, clarification on
submitting proposals, points for education, and the requirements for a
uniform pumpout symbol, slogan and program crediting for the Clean
Vessel Act of 1992 as authorized in Fish and Wildlife Service
regulations.
DATES: This rule becomes effective September 26, 1997.
ADDRESSES: Copies may be obtained by mailing a request to the Division
of Federal Aid, Fish and Wildlife Service, U.S. Department of the
Interior, 1849 C Street, NW, MS 140 ARLSQ, Washington, DC 20240, or
obtained from the Division of Federal Aid, Fish and Wildlife Service,
U.S. Department of the Interior, Room 140, 4401 North Fairfax Drive,
Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Robert D. Pacific, (703) 358-1845.
SUPPLEMENTARY INFORMATION:
Background
Section 5604 of the Clean Vessel Act (Pub. L. 102-587, Title V,
Subtitle F) authorizes the Director of the U.S. Fish and Wildlife
Service (Service) to make grants to coastal States for constructing/
renovating pumpout and portable toilet dump stations and for
implementing associated education programs.
Developing a Pumpout Symbol
The Service consulted with Federal and State agencies, and with
organizations and individuals within the marine industry and boating
community in developing a pumpout symbol. A scoping meeting was held
April 8, 1993, in Arlington, Virginia, to obtain input on a pumpout
symbol. States that presently have pumpout symbols were invited to
attend, as well as others. Maryland and Virginia attended, as well as
the following Federal agency representatives: National Oceanic and
Atmospheric Administration (NOAA), Environmental Protection Agency
(EPA), U.S. Coast Guard (USCG), and Federal Highway Administration
(FHWA). Representatives from States Organization of Boating Access
(SOBA), National Marine Manufacturers Association (NMMA), American
League of Anglers and Boaters (ALAB), and the International Association
of Fish and Wildlife Agencies (IAFWA) also attended. Oregon and the
National Association of State Boating Law Administrators did not
attend, but provided comments and examples of their current symbols
and/or suggested symbols.
A draft scoping document encompassing the information in this rule
was sent to nearly 250 individuals and organizations for review and
comment on July 8, 1994. Comments were received from three Service
Regions, EPA's Chesapeake Bay Program, FHWA, USCG (3 letters),
Massachusetts Department of Fisheries, Wildlife and Environmental Law
Enforcement, Oregon State Marine Board, Maryland Department of Natural
Resources Boating Administration, Florida Department of Environmental
Protection, NMMA, Sealand Technology, Inc., Keco, Inc., and Neil Ross
Consultants. A summary of comments received was published in the
proposed rule in the Federal Register on September 19, 1995 (60 FR
48491).
Numerous consultations and scoping meetings were held with Federal,
State and marine community staffs, groups and individuals throughout
this period. Focus group meetings were held in Miami, Florida,
Minneapolis, Minnesota, Seattle, Washington, and Annapolis, Maryland,
between June 14 and 28, 1995, to obtain inputs on a symbol, slogan, and
to determine boater attitudes toward pumping out their sewage. Each
group was shown the suggested symbol and results show that ``the
symbol, as tested, is appropriate and easily understood. Boaters
volunteered that this symbol can become the `universal' visual for
pumpout stations.''
Consultation occurred with the International Standards
Organization, American National Standards Institute, American Boat and
Yacht Council, Society of Automotive Engineers, American Institute of
Graphic Arts, British Standards Institution, and Permanent
International Association of Navigation Congresses. Input was obtained
on several pumpout symbol designs at the following meetings: Eleven
EPA-sponsored Regional Workshops in 1994 and 1995, through a grant with
The International Marina Institute; at the University of Wisconsin-
Madison Docks and Marina National Conference; and at several marine
community conferences, workshops and meetings.
This rule requires that two proposals be submitted by coastal
States when submitting projects in coastal and inland portions of the
State. Without this differentiation, adequate evaluation of proposals
is not possible since points are different for the two zones.
In the proposed rule, the Service clarified the use of points for
education so that States could receive points for education if they had
an active, ongoing education program and did not need additional funds
in a particular year. Otherwise, States would be forced to request
funds to get points even if they did not need the funds.
In response to a request from a State and the marine community, the
definitions of facilities open to the public, and public versus private
facilities were contained in the proposed rule. The definitions of
public/private follows definitions developed earlier by the marine
community for surveying marinas for pumpout and other information.
In order to increase public awareness of the program, the marine
community recommended developing a pumpout symbol, slogan, and program
crediting logo. This rule provides the requirements for that pumpout
symbol, slogan, and crediting logo.
There has been an International Standards Organization (ISO)
international symbol since 1972 (depicted below).
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There is also a symbol (depicted below) which appears on National
Oceanic and Atmospheric Administration's (NOAA) National Ocean Service
(NOS) nautical charts. The letter ``P'' and the circle around the ``P''
are magenta-colored.
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The international symbol has been described by the marine community
as not conveying a distinct meaning and is not understood by boaters.
That symbol, therefore, has not been accepted by boaters and is not in
general use in the United States. Likewise, the NOAA magenta ``P'' and
circle on charts were not accepted as having a distinct message when
presented to the marine community and have been deemed by Federal
Highway Administration and marine community groups as possibly being in
conflict with the symbol for ``parking''. Therefore, there is no
nationally recognized pumpout symbol in general use to indicate to
boaters traveling in different parts of the country where pumpout and
portable toilet dump stations are located.
Likewise, there is no nationally recognized slogan. There are
several State and private pumpout and portable toilet dump station
symbols and slogans in use. The image and words differ from State to
State. In order to have a successful campaign nationwide to get boaters
to use pumpouts, a single, coordinated message and symbol are needed.
Therefore, the Service developed a pumpout symbol and slogan to
provide boaters with a single nationwide symbol of pumpout and portable
toilet dump station locations, and to provide a consistent message
about the program nationally in education materials produced by each
State. Advertising the program with one widely accepted symbol and
slogan will decrease confusion, better advertise the program, result in
greater use of pumpout and portable toilet dump stations, improve the
aquatic environment, and thus contribute to improve economic and health
conditions. The symbol and slogan contribute to environmental
improvement goals of other Federal, State and local governmental
agencies and have the support of boaters, the boating industry and the
marine community.
Currently, 50 CFR 80.26 contains a crediting logo, and 50 CFR 85.47
contains suggested language to acknowledge that facilities were
constructed with Clean Vessel Act funds. These sections also were
reviewed and suggestions made for changes.
Criteria Used To Develop the Symbol
The Service developed criteria to select the pumpout symbol after
discussions with individuals involved in the marine community and State
and Federal agencies, and review of the documents identified in this
rule:
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(1) How well the symbol represents the message (Many symbols must
be learned before there is adequate recognition of the symbol,
therefore, constant repetition of the symbol is more important than the
style of drawing or appropriateness of concept.);
(2) The ease with which people learn the symbol (The simpler the
symbol, the easier to learn.);
(3) How well the symbol relates to national standards;
(4) How well the symbol is reproducible on letters, etc.;
(5) How visible the sign is to viewers (The simpler the symbol, the
easier to recognize it at greater distances and under all light and
background conditions.); and
(6) How easy to reproduce, reduce and enlarge the symbol (The
symbol must be legible when reduced significantly.).
The Selected Pumpout Symbol
The current international symbol was rejected by nearly all who
commented as not being understood by boaters and not communicating a
distinct meaning. According to comments made by people in the marine
community, the NOAA NOS nautical magenta ``P'' and circle, although it
may be suitable on the NOAA nautical charts, does not convey the
pumpout message adequately on signs and may be in conflict with other
symbols such as parking signs. The current symbols used by States and
the suggested complex symbols did not fully comply with the criteria. A
suggestion was made by members of the marine community to develop
separate symbols for pumpout and portable toilet dump stations.
Comments on this suggestion favored one single symbol encompassing both
pumpout and portable toilet dump stations to decrease confusion and
costs.
The selected symbol encompasses the one feature that invariably
appeared in the 50 symbols: the ``arrow'' as well as the ``holding
tank'' and ``boat.'' The selected symbol, therefore, represents the
core of current and suggested symbols:
(1) It is simple and should be easy to learn;
(2) It follows U.S. Coast Guard format and color standards for
signs on waterways (Symbol is black, border is international orange,
and background is white);
(3) It is easily reproducible on charts, etc., and should be easily
recognizable to viewers at a great distance; and
(4) It is easily reduced or enlarged without losing legibility.
Developing a Pumpout Slogan
In addition to the pumpout symbol, the Service developed a slogan.
Some States currently have a slogan, however, no national level slogan
exists. The July 8, 1994, scoping document resulted in 52 suggested
slogans that was reduced to 17 and presented to boaters at the focus
group meetings. The slogan, ``KEEP OUR WATER CLEAN--USE PUMPOUTS,'' was
selected by the cooperating Federal agencies (FWS, NOAA, EPA, and
USCG), based on the top four slogans recommended by the boaters.
``Boaters prefer a short, straight-forward slogan'' as identified
during the focus group meetings.
Developing a Program Crediting Logo
Section 80.26 of 50 CFR part 80 contains the approved crediting
logo for the Federal Aid in Sport Fish Restoration Act. Section 85.47
of 50 CFR part 85 contains examples of suggested language for crediting
the Clean Vessel Act. The Service received no comments to replace the
approved crediting logo. The Service received inputs on suggested
language from the July 8, 1994, scoping document request, and
subsequently from States and Fish and Wildlife Service Regions and
selected suggested language based on these comments.
Summary of Comments and Recommendations
The Service requested, in the September 19, 1995, proposed rule for
the Clean Vessel Act Pumpout Symbol, Slogan and Program Crediting, all
interested parties to submit comments that might contribute to the
development of a final rule within a 60-day period ending November 20,
1995. The Service also requested comments from about 1,000 people with
appropriate State and Federal agencies, local governments, boaters and
boating organizations, marina owners/operators, marine equipment
manufacturers and retailers, conservation organizations, and other
interested parties.
The Service received a total of three written comment letters on
the proposed rule identifying six issues suggesting clarification and
modification of some of the language in the guidelines.
The Service considered all suggestions and recommendations raised
by the commenters, and those comments adopted are included in this
final rule in the appropriate sections. The following is a discussion
of the issues raised by the commenters, the Service's responses to
those issues, and a summary of changes made to the proposed rule.
Issue 1. Maryland Department of Natural Resources and BOAT/U.S.
Clean Water Trust: Fees under the definition of Equitable Fees,
Sec. 85.11, need not be equal for all pumpout users provided Federal/
State laws regarding pricing are not violated and that the maximum
amount allowable under the Clean Vessel Act ($5.00) is not exceeded. A
number of marinas in Maryland charge different categories of customers
different fees. For example, some marinas charge a fee to transient
boaters while pumpout service is provided either at a reduced cost or
at no cost to slipholders/members. Other marinas charge boaters a fee
for pumpouts but offer that service for free if fuel is purchased. A
``prepay'' pumpout fee also sounds reasonable provided the slipholder/
member is ultimately not being charged more than $5.00 per pumpout.
Allowing a certain amount of flexibility in pricing may be both good
for business and encourage pumpout usage. New wording was then
suggested by the State. BOAT/U.S. Clean Water Trust also commented that
a significant number of marinas offer different prices for slipholders
and transients. The cost of the pumpout for slipholders is built into
the slip lease agreement, and keeping track of pumpout use by
individual slipholders is difficult. The definition should ensure that
marina operators do not have to keep more records to track the equity
of prepaid pumpouts for slipholders versus payment per pumpout for
transients.
Response: The Service agrees and has substituted the language
suggested by the State of Maryland.
Issue 2. BOAT/U.S. Clean Water Trust: For Sec. 85.11 the definition
of ``Facility open to the public'' is longer than is required. Delete
the following: * * * at that public or private facility for pumping
out, * * *
Response: The Service agrees and has deleted that part of the
sentence.
Issue 3. United States Environmental Protection Agency: The
definitions do not clearly indicate whether pumpout facilities at
private marinas are open and available for public use.
Response: Pumpout facilities at private marinas are open for public
use, and language has been added in Sec. 85.11 under the definition of
``Facility open to the public'' to indicate such.
Issue 4. BOAT/U.S. Clean Water Trust: In Sec. 85.43, the pumpout
sign should be offered in 2 colors as well as the 3 colors for those
with limited printing budgets for signage, publications, or other
applications.
Response: The Service agrees. The final symbol is two-colored with
a white
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background. However, language has been added in Sec. 85.43 (b)(6)(vi),
and (c)(1)(i), to indicate that one color, black, may also be used when
appropriate, both for the pumpout symbol and for the magenta P
qualifying sign. Language also has been added in Sec. 85.47 to indicate
the colors that may be used for the crediting logo.
Issue 5. United States Environmental Protection Agency, and BOAT/
U.S. Clean Water Trust: Will the number, sizes, etc., of logos,
slogans, crediting language, and operation instructions placed on
pumpouts confuse the average user? BOAT/U.S. Clean Water Trust
suggested prioritizing this information so that the most important
information can be included when there is limited space. Other
possibilities include covering the cost of producing signs under grant
funds, or the Service designing and mass producing a sign with all of
the standard information satisfying these requirements. In addition, it
will be difficult to control in what colors the symbol is printed if
marinas individually are left to create their own signage for pumpout
docks.
Response: Information has been added in Sec. 85.43(e) to clarify
when different symbols, slogans, and logos should be used so that signs
do not become cluttered and confusing. Also, the cost of producing
signs is an allowable cost of the program, as indicated in existing
Sec. 85.41(a). The Service also is exploring the possibility of
providing a number of symbol signs to the States for distribution to
marinas.
Issue 6. United States Environmental Protection Agency: The
location and size of the Sport Fish Restoration logo required by the
rule is not specified.
Response: Language has been added in Sec. 85.47(b) to clarify the
location and size of the logo and maintaining proportions for reduction
and enlargement. In addition, language regarding maintaining
proportions for reduction or enlargement of the symbol has been added
to Sec. 85.43 (b)(6)(ii) and (e).
In addition to the comments received, one change was made to
85.43(a), the addition of a specific telephone number, 1-800-ASK-FISH,
to be placed on pumpout and dump stations. This number has been fully
operational since March 1996 and can be called to find the location of
pumpout and dump stations throughout the country and to report a
problem with the operation of a particular pumpout or dump station.
Environmental Effects
Because this rule is an administrative action, the effects on the
physical, biological and sociological environment are too broad,
speculative, and conjectural to be analyzed meaningfully. Therefore,
the action is categorically excluded from any National Environmental
Policy Act documentation pursuant to 516 DM
2.3 A(2). However, installation of symbol signs will be reviewed as
part of the construction or renovation of pumpout and portable toilet
dump stations which will require separate environmental consideration.
Information Collection Requirements
These final regulations have been examined under the Paperwork
Reduction Act of 1995 and have been found to contain no information
collection requirements.
Required Determinations
Economic Effects
The purpose of this rule is to establish a universal symbol for use
by marinas to assist customers in locating pumpout facilities for their
boats. It is expected that all marinas would provide some form of
customer guidance to the services provided by the marina. The only cost
associated with this rule would be the re-painting of existing signs to
add the new symbol. For those marinas adding pumpout stations after the
adoption of this symbol, the cost of adding the symbol would be
minimal. The addition of the symbol is voluntary and for the benefit of
the marinas' customers. Any cost associated with the inclusion of the
symbol on existing and new signs is expected to be minimal, therefore,
it is not expected that any significant economic effects would be
attributable to this rule. There are no indications that any
competitive effects either positive or negative would be associated
with this rule and there are no effects on prices charged for services
at marinas. In addition, grants are available for private marinas to
install pumpout stations provided they are available to the general
public. The decision to accept grant funds, and, therefore, general
public access to the pumpout station, is voluntary on the part of the
private marina and, therefore, a part of usual and customary business
decisions. No significant economic costs are expected to result from
the grant program.
Other Effects
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The rule allows eligible States to make
decisions regarding the use of the pumpout symbol, slogan and crediting
logo. A review under the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.) has revealed that this rulemaking would not have a
significant effect on a substantial number of small entities, which
include businesses, organizations, or governmental jurisdictions. This
voluntary program provides grant funds to small entities, with minor
requirements, such as allowing the general public to use the
facilities, therefore, this would have minimal effect on such entities.
The effects of these rules will impact agencies in the States, Puerto
Rico, Guam, the Virgin Islands, American Samoa, the District of
Columbia and the Northern Mariana Islands. The Service has determined
and certified pursuant to the Unfunded Mandates Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not impose a cost of $100 million or
more in any given year on local or State governments or private
entities. The Department has determined that these final regulations
meet the applicable requirements provided in Sections 3(a) and 3(b)(2)
of Executive Order 12988.
Intergovernmental Review of Federal Programs
This Clean Vessel Act Grant Program is covered under Executive
Order 12372 ``Intergovernmental Review of Federal Programs'' and 43 CFR
part 9 ``Intergovernmental Review of the Department of the Interior
Programs and Activities.'' Individual projects that are part of this
grant program should comply with the provisions of 43 CFR 9.
Author: The primary author of this rule is Robert D. Pacific, U.S.
Fish and Wildlife Service.
List of Subjects in 50 CFR Part 85
Coastal zone, Grant programs--natural resources, Reporting and
recordkeeping requirements, Sewage disposal, Vessels.
Regulation Promulgation
For the reasons set out in the preamble, part 85 of subchapter F of
chapter I, title 50 of the Code of Federal Regulations is amended as
set forth below.
PART 85--CLEAN VESSEL ACT GRANT PROGRAM
1. The authority citation for part 85 is revised to read as
follows:
Authority: 16 U.S.C. 777g(c).
Subpart A--General
2. Section 85.11 is amended by removing the paragraph designations
and adding the following definitions, in alphabetical order, to read as
follows:
[[Page 45348]]
Sec. 85.11 Definitions.
* * * * *
Equitable fees. The maximum charge per pumpout is $5.00. Price
modifications and discounts are subject to State/Federal laws
concerning pricing.
* * * * *
Facility open to the public. (1) A Clean Vessel Act facility that
is open and available to the public is one where the public has full
and reasonable access to the pumpout/dump station, including:
(i) Provision of signage visible from the water to direct boaters
to pumpout/dump stations;
(ii) Location of pumpouts to facilitate ease of use by all boats
typical to that particular marina;
(iii) Equitable fees; and
(iv) Reasonable open periods.
(2) To be eligible for funding under this program, both public and
private facilities must be open to the public.
* * * * *
Private facilities. Private facilities include those operated by
the following:
(1) For profit or non-profit private marinas, docks, etc.;
(2) For profit or non-profit concessionaires, whether they are
leased or private facilities, on public lands; or
(3) Yacht or boating clubs, whether they are open to the public or
members-only facilities.
Public facilities. Public facilities include municipal, county,
port authority, State and Federal marinas, docks, etc., operated by
those agencies.
* * * * *
Reasonable open periods. This part does not specify hours, days and
seasons, however, some suggested examples, provided no other factors
are involved, are presented:
(1) Pumpout/dump stations may be open during the same period the
fuel docks are normally open.
(2) Pumpout stations may be open when the marina is open and staff
is present to pump out boats.
(3) Pumpout/dump stations may be open during the hours considered
to be normal marina business hours as adjusted by seasonal differences.
* * * * *
Subpart B--Application for Grants
3. Section 85.21 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 85.21 Application procedures.
(a) Eligible applicants will submit their proposals to the
appropriate Regional Office of the U.S. Fish and Wildlife Service.
Coastal States submitting proposals for both the coastal zone and the
inland portion of their States, must submit two separate proposals. The
Regional Office addresses follow:
* * * * *
Subpart C--Grant Selection
4. Section 85.30(f) is revised to read as follows:
Sec. 85.30 Grant selection criteria.
* * * * *
(f) Proposals that include an education/information component, or
the State has an active, ongoing education program;
* * * * *
Subpart D--Conditions on Use/Acceptance of Funds
5. Section 85.43 is revised to read as follows:
Sec. 85.43 Signs and symbols.
(a) Signs. Facilities must display appropriate information signs at
pumpout and portable toilet dump stations. Such information should
indicate fees, restrictions, hours of operation, operating
instructions, a contact name and 1-800-ASK-FISH telephone number for
boaters to get additional information or to report an inoperable
facility.
(b) Pumpout symbol. (1) At appropriate times, to increase public
awareness of the Clean Vessel Act Pumpout Grant Program, use a pumpout
symbol according to Service specifications. Use the pumpout symbol as
follows:
(i) As a sign at the entrance to a marina advertising the presence
of a pumpout and/or portable toilet dump station;
(ii) As a directional sign within a marina;
(iii) As a sign at a pumpout and/or portable toilet dump station;
(iv) As a symbol on educational and informational material; and
(v) For other uses as appropriate to advance the purposes of the
Clean Vessel Act.
(2) To avoid confusion with having two symbols, use the selected
symbol both for pumpout stations and portable dump stations. The
Service encourages the use of this symbol as it is not copyrighted. The
NOAA NOS magenta ``P'' within a magenta circle will continue to be used
on nautical charts to identify the location of pumpout and portable
toilet dump stations. NOAA will include information about the selected
pumpout symbol in the U.S. Coast Pilots, a supplement to the charts, to
relate this symbol to the NOAA Nautical Chart magenta ``P'' and circle.
(3) All recipients identified in Sec. 85.11 should display the
appropriate pumpout symbol on facilities, such as pumpout and portable
toilet dump stations, or on printed material or other visual
representations relating to project accomplishments or education/
information, and should encourage others to do so. Sub-recipients also
should display the symbol and should encourage use by others for the
purposes stated in this paragraph (b)(3).
(4) The Service encourages other persons or organizations, such as
marinas with pumpout stations not constructed with Clean Vessel Act
funds, to use the symbol to advance the purposes of the Clean Vessel
Act program.
(5) The following specifications shall apply: The symbol is black,
the background is white, and the border is international orange. There
is no standard for the black and white, but use black and white colors,
not shades. The standards for the international orange color is as
follows: For day boards (signs), use retroflective international orange
film. For paint, use international orange conforming to FED-STD 595B,
chip number 12197 in daylight conditions. For inks, use Pantone
Matching System color chart 179C. In order to ensure visibility after
dark, use reflectorized film or paint, and/or artificial illumination.
Pumpout symbol technical specifications to construct signs and for
other purposes are available upon request.
(6) The following rules govern the graphic reproduction of the
symbol:
(i) Do not use a smaller than legible symbol.
(ii) If you reduce or enlarge the symbol, maintain the same
proportions.
(iii) Do not obscure the symbol by overprinting.
(iv) Do not place the symbol where it will be split by unlike
backgrounds.
(v) Do not place the symbol on a background that is highly textured
or patterned.
(vi) When appropriate, for economical reasons, depict the symbol in
one-color (black) with a white background, rather than two-color
(international orange and black) with white background.
(7) The pumpout symbol follows:
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(c) Qualifying signs.
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(1) In conjunction with the symbol, you may use other qualifying
signs below the symbol, either on the same sign or on a separate sign.
(i) You may place the message ``P PUMP OUT'', ``P PUMPOUT
STATION'', ``P PORTABLE TOILET DUMP STATION'', or other appropriate
qualifier, beneath the symbol. Place the magenta-colored ``P'' and
circle in front of the message to relate the pumpout symbol to the NOAA
NOS nautical charts. Messages may be appropriate for several years
until the symbol is understood without the message. When appropriate,
substitute a black ``P'' and circle for economical reasons.
(ii) You may place directional arrows beneath the symbol to
indicate the direction of pumpout or portable toilet dump station
facilities.
(2) The following specifications shall apply: Symbols, such as
directional arrows, and letters, are black, and the background is
white. For using inks to create the magenta color, use PMS color chart
259U. Letters and black and white colors shall follow the Federal
Highway Administration's Manual on Uniform Traffic Control Devices for
Streets and Highways (MUTCD), FHWA, 1988. The Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402,
provides for sale copies of the 1988 MUTCD, including Revision No. 3,
dated September 3, 1993, Stock No. 050-001-00308-2.
(3) The same rules governing the graphic reproduction of the
pumpout symbol, as described in paragraph (b)(6) of this section, shall
apply to qualifying signs.
(d) Pumpout slogan. (1) Use the pumpout slogan according to Service
specifications to help increase boater awareness of the need to use
pumpout and dump stations to properly dispose of their boat sewage. Use
the slogan in conjunction with the pumpout symbol, on educational/
informational material, and for other uses as appropriate to advance
the purposes of the Clean Vessel Act. The slogan is not copyrighted,
and the Service encourages its appropriate use.
(2) All recipients identified in Sec. 85.11 should display the
pumpout slogan on facilities, such as pumpout and portable toilet dump
stations as appropriate, and on printed material or other visual
representations relating to project accomplishments or education/
information, and should encourage others to do so. Sub-recipients
should display the slogan for purposes as stated above and should
encourage others to do so.
(3) The Service encourages other persons or organizations, such as
marinas with pumpout stations not constructed with Clean Vessel Act
funds, to use the slogan to advance the purposes of the Clean Vessel
Act program.
(4) The following specifications shall apply: Letters are black and
background is white. The same reference under specifications for
Qualifying Signs in paragraph (c)(2) of this section shall apply.
(5) The same rules governing the graphic reproduction of the
pumpout symbol, as described in paragraph (b)(6) of this section, shall
apply to the pumpout slogan.
(6) The pumpout slogan follows:
KEEP OUR WATER CLEAN--USE PUMPOUTS
(e) All information signs, pumpout symbol, qualifying signs, and
pumpout slogan identified in this section and the crediting logo
identified in Sec. 85.47, inform and educate boaters. Therefore, use
the signs, symbol, slogan and logo as appropriate. For instance, a sign
on the water directing boaters to a pumpout may only need the pumpout
symbol, and a qualifying sign beneath, e.g., an arrow, and possibly the
words ``PUMPOUT STATION''. For pumpout and dump stations, the pumpout
symbol, slogan, information signs, including all information in
paragraph (a) of this section, and the crediting and State logo may be
appropriate. If desirable, add qualifying signs. Position a legible
sign, symbol and logo either on the pumpout/dump station, on a separate
sign, or both, for the greatest effect in informing and educating
boaters. For other products such as print and video public service
announcements, brochures, etc., the placement of symbols, etc. depends
on space availability. The following order of priority dictates the
order of use under limited space conditions: the pumpout symbol,
slogan, 1-800-ASK-FISH telephone number and Sport Fish Restoration
crediting logo. Add other information as appropriate. Use judgement
when placing information on signs so as not to confuse the reader.
[[Page 45350]]
Display the symbol, logo, slogan and information signs in the
appropriate locations. To reduce wind drag when bolting signs on
pilings, it was found helpful in the Northeast to make signs taller
than wider. Symbol or logo size may vary. However, if you reduce or
enlarge the symbol, maintain the same proportions.
6. Section 85.47 is revised to read as follows:
Sec. 85.47 Program crediting.
(a) Crediting logo. As the source of funding for Clean Vessel Act
facilities, the Sport Fish Restoration program should get credit
through use of the Sport Fish Restoration logo. Grant recipients may us
the crediting logo identified in 50 CFR 80.26 to identify projects
funded by the Clean Vessel Act. The Sport Fish Restoration logo
follows:
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(b) Recipient logo display. Grant recipients are authorized to
display the Sport Fish Restoration logo. Section 85.11 identifies
recipients eligible to display the appropriate logo according to 50 CFR
80.26. Display includes on pumpout and portable toilet dump stations
that grantees acquire, develop, operate or maintain by these grants, or
on printed material or other visual representations relating to project
accomplishments or education/information. Display the logo in the
appropriate location, according to Sec. 85.43(e). Symbol or logo size
may vary. However, if your reduce or enlarge the symbol, maintain the
same proportions. Recipients may require sub-recipients to display the
logo.
(c) Other display of logo. Other persons or organizations may use
the logo for purposes related to the Federal Aid Clean Vessel Act
program as authorized in 50 CFR 80.26.
(d) Crediting language. Suggested examples of language to use when
crediting the Clean Vessel Act follow:
(1) Example 1. The Sport Fish Restoration Program funded this
pumpout facility through your purchase of fishing equipment and
motorboat fuels.
(2) Example 2. The Sport Fish Restoration Program funded this
construction through your purchase of fishing equipment and
motorboat fuels.
(3) Example 3. The Sport Fish Restoration Program funded the
production of this pamphlet through your purchase of fishing
equipment and motorboat fuels.
(e) Logo colors. Option 1 in paragraph (e)(1) of this section
describes the preferred logo colors. Use Options 2 or 3 in paragraph
(e)(2) or (e)(3) of this section when necessary or to reduce costs. Do
not attempt to match these Pantone Matching Systems (PMS) colors with
combinations of screened process colors.
(1) Option 1. When printed 100 percent on a white background, use
PMS 348.
(2) Option 2. When using four-color process printing, print the
symbol in 100 percent black on a white background.
(3) Option 3. When it is not possible to follow the specifications
of Options 1 or 2 in paragraph (e)(1) or (e)(2) of this section, print
the logo in any 100 percent solid dark color on a contrasting light
background.
Dated: July 29, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-22010 Filed 8-26-97; 8:45 am]
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