95-23144. Clean Vessel Act Pumpout Symbol, Slogan and Program Crediting  

  • [Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
    [Proposed Rules]
    [Pages 48491-48497]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-23144]
    
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    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: Proposed rule.
    
    -----------------------------------------------------------------------
    
    summary: This proposed rule provides definitions for facilities open to 
    the public and public versus private facilities, clarification on 
    submitting proposals and points for education, and the requirements for 
    a pumpout symbol, slogan and program crediting for the Clean Vessel Act 
    of 1992 as authorized in 50 CFR Part 85. This rule provides a uniform 
    symbol, slogan and crediting logo for the Clean Vessel Act Pumpout 
    Grant Program.
    
    dates: Comments must be received November 20, 1995.
    
    addresses: Comments may be mailed to the Division of Federal Aid, Fish 
    and Wildlife Service, U.S. Department of the Interior, 1849 C Street, 
    NW., (MS 140 ARLSZ), Washington, DC 20240, or delivered to 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 to make grants to coastal States for constructing/renovating 
    pumpout and portable toilet dump stations and for implementing 
    associated education programs.
        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 have been added. The definition of public/private follows 
    definitions developed earlier by the marine community for surveying 
    marinas for pumpout and other information.
        Two proposals are required 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.
        Clarification on points for education was added 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 order to increase public awareness of the program, the marine 
    community has 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 
    international symbol since 1972. This symbol is depicted below.
    
    BILLING CODE 4310-55-M
    
    [[Page 48492]]
    [GRAPHIC][TIFF OMITTED]TP19SE95.003
    
    
    
    BILLING CODE 4310-55-C
    
        There is also a symbol which appears on National Oceanic and 
    Atmospheric Administration's National Ocean Service nautical charts. 
    The letter ``P'' and the circle around the ``P'' are magenta-colored. 
    This symbol is depicted below.
    
    BILLING CODE 4310-55-M
    [GRAPHIC][TIFF OMITTED]TP19SE95.004
    
    
    BILLING CODE 4310-55-C
    
        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 was not accepted as having a distinct message when 
    presented to the marine community and has 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. Each one is different, so that the image 
    and words are different from State to State. In order to have a 
    successful campaign nationwide to get boaters to use pumpouts, a 
    single, coordinated message and symbol is needed.
        Therefore, a pumpout symbol and slogan have been developed 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 contributes to environmental 
    improvement goals of other Federal, State and local governmental 
    agencies and has the support of boaters, the boating industry and the 
    marine community.
        Currently, Sec. 80.26 of 50 CFR Part 80 contains a crediting logo, 
    and Sec. 85.47 of 50 CFR Part 85 contains suggested 
    
    [[Page 48493]]
    language to acknowledge that facilities were constructed with Clean 
    Vessel Act funds. These sections were also reviewed and suggestions 
    made for changes.
    
    Developing a Pumpout Symbol
    
        The Fish and Wildlife 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 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, Environmental Protection Agency, U.S. Coast 
    Guard, and Federal Highway Administration. Representatives from States 
    Organization of Boating Access, National Marine Manufacturers 
    Association, American League of Anglers and Boaters, and the 
    International Association of Fish and Wildlife Agencies also attended. 
    Oregon and the National Association of State Boating Law Administrators 
    did not attend, but provided comments, examples of their current 
    symbols and/or suggested symbols.
        A draft scoping document, encompassing the information in this 
    notice, was sent to nearly 250 individuals and organizations for review 
    and comment on July 8, 1994. Comments were received from three Fish and 
    Wildlife Service Regions, Environmental Protection Agency Chesapeake 
    Bay Program, Federal Highway Administration, U.S. Coast Guard (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, National Marine Manufacturers 
    Association, Sealand Technology, Inc., Keco, Inc., and Neil Ross 
    Consultants. A summary of their comments follow.
        General: Letters were received from the U.S. Coast Guard, 
    Massachusetts and Oregon, and Keco, Inc., supporting the development of 
    a symbol. Florida expressed concern with publishing a final rule 
    without publishing a draft. Response: The symbol is being developed, 
    and will be published in draft.
        Symbol criteria: Oregon agreed with the criteria. Florida and Neil 
    Ross Consultants does not believe that Criterion 7, use of symbol on 
    deck fitting caps, is necessary or important. Response: Criterion 7 was 
    dropped.
        Pumpout symbol: The suggested symbol had a white arrow with a blue 
    background, similar to the arrow proposed in this rule, except without 
    the holding tank or boat. Maryland and Neil Ross Consultants supported 
    the symbol, while the Federal Highway Administration, EPA Chesapeake 
    Bay Program, Florida, Oregon, Massachusetts, National Marine 
    Manufacturers Association, Keco, Inc., and Sealand Technology felt it 
    was too abstract, non-communicative, and could be confused with a 
    directional arrow. Fourteen alternative symbols were suggested, ten of 
    which included boats. EPA included a marine toilet, and Massachusetts 
    suggested words only, such as ``Pumpout''. Response: The overwhelming 
    comments were in favor of a symbol. Therefore, the use of words only 
    was not selected. A boat and holding tank have been added to the 
    symbol.
        Sign color and shape: Coast Guard and Florida provided copies of 
    Code of Federal Regulations with sign color and shape requirements on 
    waterways which follow the U.S. Aids to Navigation System. Depending on 
    purpose the sign could have a white background with orange border and 
    orange or black symbol. Oregon and NMMA agreed with the blue and white 
    colors as providing consistency with FHWA standards. Massachusetts 
    stated the FHWA blue and white color scheme would not be visible on the 
    water, and suggested a black symbol on an orange background. Maryland 
    suggested using a red symbol with an orange background, which would not 
    conflict with Coast Guard regulations. Florida suggested an orange 
    border, white background, and black symbol and letters. FWS Atlanta 
    Region, FHWA, Florida and NMMA suggested using reflectorized paint or 
    illuminating the sign. Response: An international orange border with 
    white background and black symbol and letters was selected. These 
    colors follow the Coast Guard colors because of boater recognition and 
    because they are easily visible on the water. Coast Guard colors were 
    selected over FHWA colors because signs will be located on the water 
    rather than on highways. Reflectorized paint or film, or sign 
    illumination is suggested.
        Qualifying signs: FHWA, Massachusetts, and NMMA recommended 
    educational plaques to explain the symbol until boaters learn its 
    meaning. Oregon and Keco, Inc. do not support additional signs due to 
    cost and over-signage. Response: The rule provides for both options.
        Slogan: Maryland suggested its slogan ``Pump Don't Dump'', and 
    Oregon and NMMA supports that slogan. Massachusetts and Neil Ross 
    Consultants believe the Maryland slogan is not adequate. Keco, Inc. has 
    indicated the slogan ``PUMP IT DON'T DUMP IT'' is trademarked by them 
    and no similar slogan should be used. Fifty-two alternative slogans 
    were suggested. Response: The 52 alternatives were reduced to 17, and 
    boaters at four focus group meetings identified the most acceptible 
    slogans. The top four were then reviewed by the FWS, USCG, EPA, and 
    NOAA and one of the four, ``KEEP OUR WATER CLEAN--USE PUMPOUTS'', was 
    selected.
        Crediting logo: FHWA suggested placing the crediting logo away from 
    the symbol so it would not interfere with the pumpout message. Florida 
    suggested the symbol and crediting logo should be strongly correlated. 
    Florida and Oregon suggested crediting language. NMMA supports a 
    crediting logo. Response: A crediting logo is identified in the rule 
    along with crediting language, with instructions on when and where to 
    use the logo and language.
        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, FL, Minneapolis, 
    MN, Seattle, WA, and Annapolis, MD, between June 14 and 28, to obtain 
    inputs on a symbol, slogan, and 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: seven EPA-
    sponsored Regional Workshops in 1994, 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.
        The following current symbols were reviewed: ISO international 
    pumpout symbol, NOAA National Ocean Service 
    
    [[Page 48494]]
    Nautical Chart magenta ``P'' and circle. Maryland, North Carolina and 
    Keco, Inc. (Pumpout symbols), and Virginia (Pumpout and portable toilet 
    dump station symbols).
        The following documents were reviewed: (1) Symbol Signs, The System 
    of Passenger/Pedestrian Oriented Symbols, Developed for the U.S. Dept. 
    of Transportation (DOT), The American Institute of Graphic Arts, 1981; 
    (2) Surface Vehicle Recommended Practice, SAE International, Graphic 
    Symbols for Boats, SAE J1449, Society of Automotive Engineers, Inc., 
    February 1987; (3) British Standard Marine Series: Specification for 
    Shipbuilding--Yachts--Waste water fittings, BS MA 84:1978, ISO 4567-
    1978, UDC [629.125.12 + 629.125.22] : 628.2, British Standards 
    Institution, London, England; (4) American National Standard Graphic 
    Symbols for Plumbing Fixtures, American National Standards Institute 
    Y32.4-1977; (5) Manual on Uniform Traffic Control Devices for Streets 
    and Highways (MUTCD), U.S. DOT, FHWA, 1988; (6) Standard Highway Signs 
    as Specified in the MUTCD, DOT, FHWA; (7) Standard Alphabets for 
    Highway Signs, DOT, FHWA, Reprinted 4/84.
        Over 50 alternative symbols were reviewed by the Service. These 
    symbols were developed by and were reviewed by members of the marine 
    community, and State and Federal agencies. These symbols ranged from 
    very complex, with depictions of water, boats, toilets, docks, pumpout 
    stations, arrows and messages, to very simple, with an arrow and 
    messages.
        In addition to a pumpout symbol, three different portable toilet 
    dump station symbols, and three combination pumpout/portable toilet 
    dump station symbols were suggested. Some were completely separate 
    portable toilet dump station or combination symbols, and some were 
    pumpout symbols adapted to portable toilet dump station or combination 
    symbols.
    
    Criteria Used To Develop the Symbol
    
        The following criteria were developed 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: (1) How well the symbol represents the message (It should be 
    kept in mind that many symbols must be learned before there is adequate 
    recognition of the symbol. 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). (6) How easy to reproduce, reduce and enlarge the symbol 
    (The symbol must be legible when reduced significantly).
    
    The Proposed 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. The NOAA NOS nautical magenta ``P'' and circle, 
    although it may be suitable on the NOAA nautical charts, also does not 
    convey the pumpout message adequately on signs and may be in conflict 
    with other symbols such as parking signs, according to comments made by 
    people in the marine community. The current symbols used by States, and 
    the suggested complex symbols, did not fully comply with the criteria. 
    A suggestion was made to develop separate symbols for pumpout and 
    portable toilet dump stations. Comments on this suggestion favored one 
    single symbol which would encompass both pumpout and portable toilet 
    dump stations to decrease confusion and costs.
        The proposed symbol encompasses the one feature that invariably 
    appeared in the 50 symbols: the ``arrow'', as well as the ``holding 
    tank'' and ``boat''. The proposed symbol, therefore, represents the 
    core of current and suggested symbols. The symbol is simple and should 
    be easy to learn. The symbol follows U.S. Coast Guard format and color 
    standards for signs on waterways (Symbol is black, border is 
    international orange, and background is white). The symbol is easily 
    reproducible on charts, etc., and should be easily recognizable to 
    viewers at a great distance. The symbol is easily reduced or enlarged 
    without losing legibility.
    
    Developing a Pumpout Slogan
    
        In addition to the pumpout symbol, the Service is proposing a 
    slogan. Some States currently have a slogan, however, no slogan exists 
    which would provide a national level focus for the program. The July 8, 
    1994, scoping document resulted in 52 suggested slogans. This number 
    was reduced to 17 and presented to boaters at the focus group meetings 
    held June 14 through 28, 1995, around the country. The proposed slogan, 
    ``KEEP OUR WATER CLEAN--USE PUMPOUTS'', was then 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
    
        In addition to the crediting logo for the Federal Aid in Sport Fish 
    Restoration Act in Sec. 80.26 of 50 CFR Part 80. Sec. 85.47 of 50 CFR 
    Part 85 contains examples of suggested language for crediting the Clean 
    Vessel Act. Inputs were received from the July 8, 1994, scoping 
    document request, and subsequently from States and Fish and Wildlife 
    Service Regions. Suggested language was selected based on these 
    comments.
    
    Public Comment
    
        The policy of the Department of the Interior is, whenever 
    practicable, to afford the public an opportunity to participate in the 
    rulemaking process. Accordingly, interested persons may submit written 
    comments, suggestions or objections regarding the proposed rule to the 
    location identified in the Address section. Comments must be received 
    on or before November 20, 1995.
    
    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
    
        This proposed rule does not contain information collection 
    requirements that require approval by the Office of Management and 
    Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    Statement of Effects
    
        This rule was not subject to Office of Management and Budget review 
    under Executive Order 12866. The program does not have significant 
    ``taking'' implications, as described in Executive Order 12630. The 
    rule allows eligible States to make decisions regarding the use of the 
    pumpout symbol, slogan and crediting logo. This rule does not 
    
    [[Page 48495]]
    contain any federalism impacts as described in Executive Order 12612 on 
    Federalism. This rule will not have a significant economic effect on a 
    substantial number of small entities under the Regulatory Flexibility 
    Act (5 U.S.C. et seq.) The effects of these rules 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.
    
    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 Department of the Interior 
    Programs and Activities.'' Under the Order, States may design their own 
    processes for reviewing and commenting on proposed Federal assistance 
    under covered programs.
    
    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, and Vessels.
    
    Regulation Promulgation
    
        For the reasons set out in the preamble, Subchapter F of Chapter I, 
    Title 50, Part 85 of the Code of Federal Regulations is proposed to be 
    amended as set forth below.
    
    PART 85--CLEAN VESSEL ACT GRANT PROGRAM
    
        1. The authority citation continues to read as follows:
    
        Authority: Public Law 102-587, Title V, Subtitle F.
    
    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:
    
    
    Sec. 85.11  Definitions.
    
    * * * * *
        Equitable fees. Fees should be equal for all pumpout users at a 
    marina, for that facility to be open and available to the public. 
    However, members and customers may prepay for pumpouts within a fee 
    structure, so that a separate fee for pumpouts would not be needed for 
    those members and customers.
        Facility open to the public. A Clean Vessel Act facility that is 
    open and available to the public is one in which the public has full 
    and reasonable access to the pumpout/dump station at that public or 
    private facility for pumping out, including provisions of signage 
    visible from the water to direct boaters to pumpout/dump stations, 
    location of pumpouts to facilitate ease of use by all boats typical to 
    that particular marina, equitable fees, and reasonable open periods.
        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, and
        (3) Yacht or boating clubs, whether they are open to the public or 
    members-only facilities.
        Public facilities. Public facilities include municipal, port 
    authority, State and Federal marinas, docks, etc., operated by those 
    agencies.
        Reasonable open periods. While no specific hours, days and seasons 
    are specified, 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, 
    and may be closed entirely during cold winter months.
    * * * * *
    
    Subpart B--Application for Grants
    
        3. Section 85.21 is amended by adding a second sentence to the 
    introductory text of paragraph (a) to read as follows:
    
    
    Sec. 85.21  Application procedures.
    
        (a) * * * If coastal States submit proposals for both the coastal 
    zone and the inland portion of their States, two separate proposals 
    must be submitted.
    * * * * *
    
    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. Appropriate information signs should be installed at 
    pumpout and portable toilet dump stations. Such information should 
    indicate fees, restrictions, hours of operation, operating 
    instructions, and a contact name and telephone number if the facility 
    is inoperable.
        (b) Pumpout symbol. (1) A pumpout symbol should be used according 
    to Service specifications at the appropriate times to increase public 
    awareness of the Clean Vessel Act Pumpout Grant Program. The symbol is 
    meant to be used
        (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 education 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, the selected symbol 
    is to be used both for pumpout stations and portable dump stations. 
    This pumpout symbol is not copyrighted, and its appropriate use is 
    encouraged. 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. Subrecipients should 
    also display the symbol and should encourage use by others for purposes 
    as stated in this paragraph.
        (4) Other persons or organizations are encouraged to use the symbol 
    to 
    
    [[Page 48496]]
    advance the purposes of the Clean Vessel Act program, such as marinas 
    with pumpout stations not constructed with Clean Vessels Act funds.
        (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 us Pantone Matching 
    System color chart 179C. The symbol sign should use reflectorized film 
    or paint, or should be illuminated so it is viewable at night. 
    Currently, the symbol shown is a rough mockup. When the symbol is 
    finalized, the symbol will be developed on a grid and technical 
    specifications will be completed for constructing signs and for other 
    purposes.
        (6) The following rules govern the graphic reproduction of the 
    symbols:
        (i) The symbol should not be used smaller than is legible.
        (ii) The size and position relationship of the symbol should not be 
    changed in any way.
        (iii) No portion of the symbol should be obscured by overprinting.
        (iv) The symbol should not be placed where it will be split by 
    unlike backgrounds.
        (v) The symbol should not be placed on a background that is highly 
    textured or patterned.
        (7) The pumpout symbol is depicted as follows:
    
    BILLING CODE 4310-55-M
    [GRAPHIC][TIFF OMITTED]TP19SE95.005
    
    
    BILLING CODE 4310-55-C
    
        (c) Qualifying signs. (1) In conjunction with the symbol, other 
    qualifying signs may be used below the symbol, either on the same sign 
    or on a separate sign.
        (i) The message ``P PUMP OUT'', ``P PUMPOUT STATION'', ``P 
    PORTABLE'' appropriate qualifier, may be placed beneath the symbol. The 
    magenta-colored ``P'' and circle should be placed 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.
        (ii) Directional arrows may be placed 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 1988 MUTCD, including 
    Revision No. 3 dated September 3, 1993, may be purchased from the 
    Superintendent of Documents, U.S. Government Printing Office, 
    Washington, DC 20402 and has Stock No. 050-001-00308-2.
        (3) The same rules governing the graphic reproduction of the 
    pumpout symbol shall apply to qualifying signs.
        (d) Pumpout slogan. (1) A pumpout slogan should be used according 
    to Service specifications to help increase awareness of the Clean 
    Vessel Act Pumpout Grant Program. The slogan is meant to be used 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 its 
    appropriate use is encouraged.
        (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. Subrecipients should 
    display the slogan for purposes as stated in this paragraph and should 
    encourage others to do so.
        (3) Other persons or organizations are encouraged to use the slogan 
    to advance the purposes of the Clean Vessel Act program, such as 
    marinas with pumpout stations not constructed with Clean Vessel Act 
    funds.
        (4) The following specifications shall apply for signs: Letters are 
    black and background is white. The same reference for paragraph (c)(2) 
    of this section shall apply.
    
    [[Page 48497]]
    
        (5) The same rules governing the graphic reproduction of the 
    pumpout symbol shall apply to the pumpout slogan.
        (6) The pumpout slogan is depicted as follows:
    KEEP OUR WATER CLEAN--USE PUMPOUTS
        6. Section 85.47 is revised to read as follows:
    
    
    Sec. 85.47  Program crediting.
    
        (a) Crediting logo. Signs should acknowledge that the facility was 
    constructed or improved with funds from the Sport Fish Restoration 
    Account. The crediting logo identified in Sec. 80.26 of this chapter is 
    prescribed to identify projects funded by the Clean Vessel Act and to 
    identify items on which taxes and duties have been collected to support 
    the Act. That logo is depicted as follows:
    
    BILLING CODE 4310-55-M
    [GRAPHIC][TIFF OMITTED]TP19SE95.006
    
    
    BILLING CODE 4310-55-C
    
        (b) Recipient logo display. All recipients identified in Sec. 85.11 
    are authorized, according to Sec. 80.26 of this chapter, to display the 
    appropriate logo on facilities, such as pumpout and portable toilet 
    dump stations, acquired, developed, operated or maintained by these 
    grants, or on printed material or other visual representations relating 
    to project accomplishments or education/information. 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 Sec. 80.26 of this chapter.
        (d) Crediting language. Following are suggested examples of 
    language to use when crediting the Clean Vessel Act:
        (1) Example 1: This pumpout facility was funded under the Sport 
    Fish Restoration Program by your purchase of fishing equipment and 
    motorboat fuels.
        (2) This facility is being constructed under the Sport Fish 
    Restoration Program by your purchase of fishing equipment and motorboat 
    fuels.
        (3) This pamphlet was funded under the Sport Fish Restoration 
    Program by your purchase of fishing equipment and motorboat fuels.
    
        Dated: August 3, 1995.
    George T. Frampton, Jr.,
    Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 95-23144 Filed 9-18-95; 8:45 am]
    BILLING CODE 4310-55-M
    
    

Document Information

Published:
09/19/1995
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-23144
Dates:
Comments must be received November 20, 1995.
Pages:
48491-48497 (7 pages)
RINs:
1018-AC67: Clean Vessel Act National Pumpout Symbol
RIN Links:
https://www.federalregister.gov/regulations/1018-AC67/clean-vessel-act-national-pumpout-symbol
PDF File:
95-23144.pdf
CFR: (5)
50 CFR 85.11
50 CFR 85.21
50 CFR 85.30
50 CFR 85.43
50 CFR 85.47