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44066 Federal Register / Vol. 70, No.

146 / Monday, August 1, 2005 / Rules and Regulations

the surface water in Rhinehart’s Pond, removed from the Site as part of the PART 300—[AMENDED]
Massey Run, and Hogue Creek; and, OU–3 Remedial Action, there are no
decommission the previously hazardous substances, pollutants or ■ 1. The authority citation for part 300
constructed facilities. These RAOs were contaminants remaining at the Site continues to read as follows:
met by treating the surface water in above levels that allow for unlimited Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
Rhinehart’s Pond; removing, solidifying, use and unrestricted exposure. Thus, no 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
and disposing of the sediment in additional Five-Year reviews will be 1991 Comp., p.351; E.O. 12580, 52 FR 2923,
Rhinehart’s Pond which exceeded 1,600 conducted. Further, there are no 3 CFR, 1987 Comp., p.193.
mg/kg of zinc; removing and disposing institutional controls needed for this Appendix B—[Amended]
of the sediment in Massey Run which Site.
■ 2. Table 1 of Appendix B to Part 300
exceeded 1,600 mg/kg of zinc; and
decommissioning the facilities Community Involvement is amended under Virginia (‘‘VA’’) by
previously constructed. Monitoring was Public participation activities have removing the site name ‘‘Rhinehart Tire
performed on the treatment plant been satisfied as required in CERCLA Fire Dump.’’
discharge to ensure the effluent section 113(k), 42 U.S.C. 9613(k), and [FR Doc. 05–15151 Filed 7–29–05; 8:45 am]
standards were met. Confirmatory CERCLA section 117, 42 U.S.C. 9617. BILLING CODE 6560–50–P
sampling was performed to ensure that Documents in the Site docket which
the cleanup level was achieved in EPA relied on for recommendation of
Rhinehart’s Pond. Confirmatory the deletion of the Site from the NPL are DEPARTMENT OF COMMERCE
sampling was not performed for the available to the public in the
sediment removal in Massey Run information repositories. National Oceanic and Atmospheric
because EPA identified all of the stream Administration
pools in which sediment had to be V. Deletion Action
removed and all of the sediment was EPA, with the concurrence of the 50 CFR Part 648
removed in each of these pools. Commonwealth of Virginia through the
Department of Environmental Quality, [Docket No. 050510127–5190–02; I.D.
Operation and Maintenance has determined that all appropriate 050305D]
The facilities constructed under OU– responses under CERCLA have been RIN 0648–AS35
1 were operated and maintained by EPA completed at the Site, and that no
from 1992 to 2002. The Commonwealth further response actions are necessary. Fisheries of the Northeastern United
of Virginia contributed its ten percent Therefore, EPA is deleting the Site from States; Atlantic Deep-Sea Red Crab
share of these operation and the NPL. Fishery; Framework Adjustment 1 to
maintenance costs through a Superfund Because EPA considers this action to the Atlantic Deep-Sea Red Crab
State Contract. be noncontroversial and routine, EPA is Fishery Management Plan
All of the facilities constructed under taking it without prior publication of a
OU–1 were decommissioned as part of AGENCY: National Marine Fisheries
notice of intent to delete. This action Service (NMFS), National Oceanic and
the OU–3 Remedial Action, leaving will be effective September 30, 2005,
nothing left to operate or maintain. In Atmospheric Administration (NOAA),
unless EPA receives adverse comments Commerce.
addition, re-vegetation of the site by August 31, 2005, on this notice or the
(performed as part of OU–3) was ACTION: Final rule.
parallel notice of intent to delete
designed to return the site to a natural published in the ‘‘Proposed Rules’’ SUMMARY: NMFS issues final regulations
condition. The trees, bushes, and grass section of today’s Federal Register. If to implement Framework Adjustment 1
seed mixtures used were selected by the adverse comments are received within to the Atlantic Deep-Sea Red Crab (Red
U.S. Fish & Wildlife Service because the 30-day public comment period, EPA Crab) Fishery Management Plan (FMP).
they are indigenous to the area. During will publish a timely withdrawal of this This final rule modifies the existing
the June 21, 2004 inspection, the U.S. direct final notice of deletion before the annual review and specification process
Fish & Wildlife Service verified that effective date of the deletion and it will by allowing specifications to be set for
significant plant and tree species had not take effect and EPA will also up to 3 years at a time, and continues
taken root within the stream area and prepare a response to comments and the current target total allowable catch
along the stream banks, with good plant continue with the deletion process on (TAC) of 5.928 million lb (2.69 million
diversity and healthy condition. the basis of the notice of intent to delete kg) and fleet days-at-sea (DAS) of 780
Five-Year Review and the comments already received. fleet DAS for fishing year (FY) 2006 and
There will be no additional opportunity FY2007. The purpose of this action is to
CERCLA requires a five-year review of to comment.
all sites where the remedial action conserve and manage the red crab
results in hazardous substances, List of Subjects in 40 CFR Part 300 resource, reduce the staff resources
pollutants or contaminants remaining at necessary to effectively manage this
Environmental protection, Air fishery, and provide consistency and
the site above levels that allow for pollution control, Chemicals, Hazardous
unlimited use and unrestricted predictability to the industry.
waste, Hazardous substances,
exposure. EPA has completed two Five- DATES: This rule is effective August 31,
Intergovernmental relations, Penalties,
Year Reviews for this Site. The first was Reporting and recordkeeping 2005.
completed on September 12, 1997 requirements, Superfund, Water ADDRESSES: Copies of supporting
(while clean-up was ongoing) and the pollution control, Water supply. documents, including the
second on November 6, 2002 (just at the Environmental Assessment (EA),
Dated: July 26, 2005.
end of the OU–3 Remedial Action). Regulatory Impact Review (RIR), the
Since all of the remaining Donald S. Welsh, Initial Regulatory Flexibility Analysis
contaminated media (surface water and Regional Administrator, U.S. EPA Region III. (IRFA), and Stock Assessment and
sediment from Rhinehart’s Pond and ■ For the reasons set out in the preamble, Fishery Evaluation (SAFE) Report, are
sediment from Massey Run) was 40 CFR part 300 is amended as follows: available from Paul J. Howard,

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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations 44067

Executive Director, New England and NMFS rulemaking. However, the deep-sea red crab with other species and
Fishery Management Council, 50 Water maximum 3–year specification process their associated communities. The FMP
Street, Mill 2, Newburyport, MA 01950. does not prevent the Council from explains that initial reports from
The EA/RIR/IRFA is also accessible via changing specifications during the industry members indicate that there is
the Internet at http:// interim years, if information obtained very little, if any, bycatch of other
www.nero.nmfs.gov. The Final during the annual review indicates that species in the directed red crab fishery.
Regulatory Flexibility Analysis (FRFA) the red crab specifications warrant a According to the recent SAFE Report
consists of the IRFA, public comments change, e.g., to comply fully with the (October 2004), there are no records of
and responses contained in this final Magnuson-Stevens Act. observed red crab trips in the observer
rule, and the summary of impacts and This action is not expected to have database, and the trips that are recorded
alternatives contained in this final rule. any substantial direct social or in the Vessel Trip Report (VTR)
FOR FURTHER INFORMATION CONTACT: E. economic impact on the red crab database have very little bycatch
Martin Jaffe, Fishery Policy Analyst, fishery. All potential impacts on the information. The FMP did identify that
(978) 281–9272. resources associated with this fishery the bycatch of red crab in other fisheries
will derive from the additional level of may be a more substantial issue.
SUPPLEMENTARY INFORMATION: This final
risk to these resources that could occur However, the bycatch of red crab in
rule implements measures contained in if the specifications are set at too high
Framework Adjustment 1 to the FMP other fisheries is not pertinent to this
a level. If specifications are set too high, action.
(Framework 1) that modify the existing then there could be a greater risk of
annual review and specifications overfishing. However, the annual review Comments and Responses
process by allowing specifications to be required under this action provides the During the comment period for the
set for up to 3 years at a time, and opportunity for the Council to adjust the proposed rule (70 FR 29265, May 20,
continues the current target total out-year specifications, if new 2005), which ended June 20, 2005, two
allowable catch (TAC) of 5.928 million information indicates that the out-year e-mails with comments were received
lb (2.69 million kg) and 780 fleet DAS specifications were set at an from the same commenter.
for FY2006 and FY2007. Details inappropriate level. Comment: The commenter is opposed
concerning the justification for and to a multi-year time frame and stated
development of Framework 1 and the FY2006 and FY2007 Specifications that the stock conditions change
implementing regulations were For FY2006 and FY2007, this action annually, and that a multi-year time
provided in the preamble to the continues the current (FY2005) TAC of frame lends itself to less accurate setting
proposed rule (70 FR 29265, May 20, 5.928 million lb (2.69 million kg) and of quotas.
2005) and are not repeated here. 780 fleet DAS. Because the small fishing Response: The PDT will continue to
Multi-Year Specifications Process fleet has neither exceeded an annual undertake an annual evaluation of the
The Council identified 3 years as an TAC nor used all of its allocated DAS red crab stock and fishery status. The
appropriate length of time to reduce the since implementation of the FMP, multi-year specification process does
administrative burden associated with landings are not expected to exceed not prevent the Council from setting
an annual review cycle without established amounts. specifications during the interim years,
increasing the risk of over-harvesting The measures implemented under the if information obtained during the
the red crab resource. The appropriate FMP are expected to continue to protect annual review indicates that the red
environmental and regulatory reviews the resource from overexploitation and crab specifications warrant a change.
required under the Magnuson-Stevens maintain a sustainable fishery. Because Comment: The commenter stated that
Fishery Conservation and Management this action maintains the status quo, it the stock is overfished and that the
Act (Magnuson-Stevens Act), the is expected to have the same effect as quota should be cut by 50 percent this
National Environmental Policy Act previously analyzed actions. year, and by 10 percent each year
(NEPA), and other applicable laws will Because the FMP is managed under a thereafter.
be completed during the year in which target TAC, rather than a hard TAC Response: NMFS determined that the
3–year specifications are set. The Red requiring the closing of the fishery when stock is not overfished. The commenter
Crab Plan Development Team (PDT) the TAC is reached, there is no direct gave no specific rationale for the
will complete an updated SAFE Report mechanism to prevent the fishery from suggestion that the TAC and fleet DAS
every 3 years, and recommend exceeding the TAC; however, the DAS be reduced from what was proposed.
specifications for up to 3 of the management program implemented The reasons presented by the Council
following fishing years, and will under the FMP was designed to and NMFS for implementing these
continue to evaluate the red crab stock constrain red crab fishing effort to a specifications are discussed in the
and fishery status annually. The annual level consistent with, or less than that preambles to the proposed rule and this
evaluation will focus on the most recent which would allow the resource to final rule, and are sufficiently analyzed
fishery-dependent information produce maximum sustainable yield, within the Framework 1 document.
including, but not limited to, DAS used while still providing sufficient These specifications were developed
and red crab landings. More opportunity to harvest the target TAC. based on the best scientific data
comprehensive analyses will be Therefore, as DAS are adjusted, the level available at the time, in accordance with
conducted in the SAFE Report every 3 of potential red crab harvest is expected the requirements of the Magnuson-
years. The Council retains the flexibility to adjust accordingly, assuming a Stevens Act. There is no known
to set red crab specifications for less constant harvest rate per day-at-sea. scientific basis for reducing the target
than 3 years based on new information In terms of the biological impacts on TAC and fleet DAS allocation to the
and/or recommendations from the PDT. other non-target species and the levels suggested by the commenter.
Multi-year specifications provide the ecosystem, based on analysis in the Comment: The commenter suggested
industry with greater regulatory FMP/EIS, it is unlikely that any of the establishment of marine sanctuaries.
consistency and predictability, and alternatives in the EA/RIR/IRFA would Response: While NMFS acknowledges
simplifies the process by reducing the have an impact. There is very little the importance of the general issues
frequency of Council decision-making known about the interactions of the raised by the commenter, Framework 1

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44068 Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations

did not consider or recommend marine Description and Estimate of Number of same alternative (i.e., the resulting target
sanctuaries in this fishery, nor are the Small Entities to Which the Rule Will TAC and fleet DAS were equal) so that
establishment of marine sanctuaries in Apply the remaining two were evaluated in the
this fishery called for under applicable According to the Small Business economic analysis once the Council’s
law. Administration standards, any fish choice of specifications for FY2005 was
made (see 70 FR 7190, February 11,
Changes from the Proposed Rule (70 FR harvesting or hatchery business is a
2005). This action will continue the
29265, May 20, 2005) small entity if it is independently
same TAC (5.928 million lb (2.69
Minor editorial changes were made owned and operated and not dominant
million kg) and fleet DAS allocation
from the proposed rule to the final rule in its field of operations, and if it has
(780) as in FY2004 and FY2005. The
to clarify the intent of, and improve the annual receipts of not in excess of $3.5
non-preferred alternative would have
readability of, the regulatory text. million. There are five vessels with
continued the same target TAC, but
limited access permits in this fishery,
Classification would have allocated 5 percent fewer
and all of them meet the criteria for
total fleet DAS than the DAS allocation
The Administrator, Northeast Region, small entities; therefore, there is no
for FY2005. This allocation would have
NMFS, determined that Framework 1 is disproportionate effect between large remained the same for FY2006 and
necessary for the conservation and and small entities. All the alternatives FY2007. Therefore, under the non-
management of the red crab fishery and and analyses contained in Framework 1 preferred alternative, the DAS allocation
that it is consistent with the Magnuson- necessarily reflect on these five vessels. for both fishing years would have been
Stevens Act and other applicable laws. Description of Projected Reporting, 741, rather than the 780 DAS to be
This final rule has been determined to implemented under this action.
Recordkeeping, and other Compliance
be not significant for purposes of No adverse economic impacts
Requirements
Executive Order 12866. associated with the fleet allocation of
NMFS prepared a FRFA, which No additional reporting, 780 DAS are expected. Since the
incorporates the IRFA, a summary of the recordkeeping, or other compliance implementation of the FMP, in no year
significant issues raised by the public requirements are included in this final has any vessel utilized its full DAS
comments in response to the IRFA, rule. allocation, such that no regulatory
NMFS responses to those comments, barriers have existed to prevent vessels
and a summary of the analyses Description of the Steps Taken to
Minimize Economic Impacts on Small from increasing their landings and
completed to support the action. A copy revenue. Accordingly, the potential
of the IRFA is available from the Entities
remains for vessels to increase their
Council (see ADDRESSES). The Council prepared an economic revenues over and above those of recent
The preamble to the proposed rule (70 analysis that describes the economic years.
FR 29265, May 20, 2005) included a impact that this rule will have on small No significant alternatives exist that
detailed summary of the analyses entities. A summary of the analysis would increase expected direct
contained in the IRFA, and that follows: economic benefits relative to the
discussion is not repeated here. As stated in the preamble to the alternative implemented in this rule.
Final Regulatory Flexibility Analysis proposed rule, this action incorporates The only potential way to increase
two separate, but related, decisions of expected economic benefits above those
Statement of Objective and Need the Council. First, the Council expected as a result of this rule would
This rule is necessary to modify the determined that it would modify the be to further increase the target TAC and
existing annual review and specification annual review and specification process DAS allocated to the fleet. However, all
process to allow specifications to be set (Decision 1), rather than maintaining the scenarios in which the target TAC and
for up to 3 years in advance, and status quo, which would require that allocated fleet DAS are higher than
establishes the fishery specifications for specifications be set annually. After the 5.928 million lb (2.69 million kg) and
FY2006 and FY2007. The purpose of Council elected to modify the annual 780 DAS, respectively, would
this rule is to conserve and manage the review and specification process, it then compromise the objective of the FMP
red crab resource, reduce the staff decided to propose the specifications for and the legal mandate of the Magnuson-
resources necessary to effectively FY2006 and FY2007 (Decision 2) in Stevens Act to prevent overfishing. This
manage this fishery, and provide order to give effect to Decision 1. action is not expected to alter the
consistency and predictability to the Decision 1, which dealt solely with fishing practices of the four vessels
industry. A full description of the the 3–year review and specification actively participating, of the five vessels
reasons why this action is being cycle for the alternatives considered, permitted, in the fishery.
considered, and the objectives and legal had two options. Option 1 would not
have required an annual review of the Small Entity Compliance Guide
basis for this action, are explained in the
preambles to the proposed rule and this status of the red crab resource and Section 212 of the Small Business
final rule and are not repeated here. fishery, while Option 2 (this final Regulatory Enforcement Fairness Act of
action) does require such review. 1996 states that, for each rule, or group
Summary of Significant Issues Raised in Neither option would have a direct of related rules for which an agency is
Public Comments economic impact on the vessels with required to prepare a FRFA, the agency
No comments related to the economic limited access permits in the red crab shall publish one or more guides to
analyses in the IRFA or the economic fishery; therefore, there are no assist small entities in complying with
impacts of the rule generally were alternatives available that would result the rule and shall designate such
received. No changes to the proposed in different economic impacts on publications as ‘‘small entity
rule were made as a result of public affected small entities. compliance guides.’’ The agency shall
comments. For a summary of the Decision 2, which dealt solely with explain the actions a small entity is
comments received, and NMFS’s the specifications for FY2006 and required to take to comply with a rule
responses to them, see ‘‘Comments and FY2007, originally identified three or group of rules. As part of this
Responses.’’ alternatives. Two of these became the rulemaking process, a letter to permit

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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations 44069

holders that also serves as a small entity allocation of DAS, and/or adjustments conform to the 2005 management goals,
compliance guide (the guide) was to trip/possession limits. and the intended effect is to allow the
prepared. Copies of this final rule are * * * * * fishery to operate within the seasons
available from the NMFS Northeast (b) Development of specifications. In and quotas specified in the 2005 annual
Regional Office, and the guide, i.e., developing the management measures management measures.
permit holder letter, will be sent to all and specifications, the PDT shall review DATES: Adjustment effective 0001 hours
holders of limited access permits for the at least the following data, if available: local time (l.t.), May 20, 2005, until
red crab fishery. The guide and this Commercial catch data; current 2359 hours l.t., May 26, 2005; after
final rule are available at the following estimates of fishing mortality and catch- which the fishery will remain closed
web site: http://www.nero.noaa.gov/ per-unit-effort (CPUE); stock status; until opened through an additional
nero/. recent estimates of recruitment; virtual inseason action for the west coast
population analysis results and other salmon fisheries, which will be
List of Subjects in 50 CFR Part 648
estimates of stock size; sea sampling, published in the Federal Register.
Fisheries, Fishing, Reporting and port sampling, and survey data or, if sea Comments will be accepted through
recordkeeping requirements. sampling data are unavailable, length August 16, 2005.
Dated: July 25, 2005.
frequency information from port ADDRESSES: Comments on these actions
sampling and/or surveys; impact of must be mailed to D. Robert Lohn,
James W. Balsiger,
other fisheries on the mortality of red Regional Administrator, Northwest
Acting Deputy Assistant Administrator for crabs; and any other relevant
Regulatory Programs, National Marine
Region, NMFS, NOAA, 7600 Sand Point
Fisheries Service.
information. Way N.E., Bldg. 1, Seattle, WA 98115–
(1) The PDT, after its review of the 0070; or faxed to 206–526–6376; or Rod
■ For the reasons stated in the preamble, available information on the status of McInnis, Regional Administrator,
50 CFR part 648 is amended as follows: the stock and the fishery, may Southwest Region, NMFS, NOAA, 501
recommend to the Council any W. Ocean Blvd., Suite 4200, Long
PART 648—FISHERIES OF THE measures necessary to assure that the Beach, CA 90802–4132; or faxed to 562–
NORTHEASTERN UNITED STATES specifications will not be exceeded, as 980–4018. Comments can also be
well as changes to the appropriate submitted via e-mail at the
■ 1. The authority citation for part 648 specifications. 2005salmonIA2.nwr@noaa.gov address,
continues to read as follows:
* * * * * or through the internet at the Federal
Authority: 16 U.S.C. 1801 et seq. [FR Doc. 05–15142 Filed 7–29–05; 8:45 am] eRulemaking Portal: http://
■ 2. Section 648.260 is amended by BILLING CODE 3510–22–S www.regulations.gov. Follow the
revising the section heading and instructions for submitting comments,
paragraphs (a) introductory text, (b) and include I.D. 072205E in the subject
introductory text, and (b)(1) to read as DEPARTMENT OF COMMERCE line of the message. Information
follows: relevant to this document is available
National Oceanic and Atmospheric for public review during business hours
§ 648.260 Specifications. Administration at the Office of the Regional
(a) Process for setting specifications. Administrator, Northwest Region,
The Council’s Red Crab Plan 50 CFR Part 660 NMFS.
Development Team (PDT) shall prepare [Docket No. 040429134–4135–01; FOR FURTHER INFORMATION CONTACT:
a Stock Evaluation and Assessment I.D.072205E] Christopher Wright, 206–526–6140.
(SAFE) Report at least every 3 years. SUPPLEMENTARY INFORMATION: The
Based on the SAFE Report, the PDT Fisheries Off West Coast States and in NMFS Regional Administrator (RA)
shall develop and present to the Council the Western Pacific; West Coast modified the season for the commercial
recommended specifications as defined Salmon Fisheries; Inseason Action salmon fishery in the area from the U.S.-
in this paragraph (a) for up to 3 fishing #2—Adjustment of the Commercial Canada Border to Cape Falcon, OR by
years. The PDT shall meet at least once Salmon Fishery from the U.S.-Canada inseason action. The fourth open period
annually during the intervening years Border to Cape Falcon, Oregon for the May-June fishery scheduled to
between SAFE Reports to review the AGENCY: National Marine Fisheries open May 20, 2005, was extended from
status of the stock and the fishery. Based Service (NMFS), National Oceanic and 4 to 7 days, with a 125–Chinook
on such review, the PDT shall provide Atmospheric Administration (NOAA), possession and landing limit for the 7–
a report to the Council on any changes Commerce. day open period. On May 20, 2005, the
or new information about the red crab ACTION: Temporary rule; modification of RA determined that available catch and
stock and/or fishery, and it shall fishing seasons; request for comments. effort data indicated that the 29,000
recommend whether the specifications Chinook quota for the May-June fishery
for the upcoming years need to be SUMMARY: NMFS announces that the would likely be attained by the end of
modified. The annual review shall be commercial salmon fishery in the area the extended period. The area closed at
limited in scope and shall concentrate from the U.S.-Canada Border to Cape midnight on May 26, 2005. The fishery
on the most recent fishery-dependent Falcon, OR was modified. The fourth was to remain closed until further
information including, but not limited open period for the May-June fishery notice, but was scheduled to be
to, days-at-sea (DAS) used and red crab scheduled to open May 20, 2005, was reevaluated on May 31. If there was
landings. In the event that the PDT extended from 4 to 7 days, with a 125– sufficient quota remaining, any further
recommends an adjustment to the Chinook possession and landing limit openers were to be announced.
specifications, the PDT shall prepare a for the 7–day open period. The area All other restrictions remained in
supplemental specifications package for closed at midnight on May 26, 2005. All effect as announced for 2005 ocean
a specific time duration up to 3 years. other restrictions remained in effect as salmon fisheries. This action was
Specifications include the specification announced for 2005 ocean salmon necessary to conform to the 2005
of OY, the setting of any target TACs, fisheries. This action was necessary to management goals, and the intended

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