Clean Vessel Act Pumpout Symbol, Slogan and Program Crediting

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:

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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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