44920 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 22, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In §180.960, the table is amended 

by adding alphabetically the following 

polymer to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*******

Castor oil, ethoxylated, dioleate, minimum number average molecular weight (in 

amu), 1260. 110531–96–9 

* * * * * * * 

[FR Doc. 2010–18778 Filed 7–29; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–9183–2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the SMS Instruments, Inc. 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region 2, announces the 

deletion of the SMS Instruments, Inc. 

Superfund Site (Site), located in Deer 

Park, Suffolk County, New York, from 

the National Priorities List (NPL). The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

New York, through the New York State 

Department of Environmental 

Conservation (NYSDEC), because EPA 

has determined that all appropriate 

response actions under CERCLA have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion will be 

effective September 13, 2010 unless 

EPA receives significant adverse 

comments by August 30, 2010. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1986–0005, by one of the 

following methods: 

• Web site: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: dannenberg.mark@epa.gov. 

• Fax: to the attention of Mark 

Dannenberg at (212) 637–3966. 

• Mail: Mark Dannenberg, Remedial 

Project Manager, Emergency and 

Remedial Response Division, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, 20th Floor, 

New York, NY 10007–1866. 

• Hand Delivery: Superfund Records 

Center, 290 Broadway, 18th Floor, and 

New York, NY 10007–1866 (telephone: 

212–637–4308). Such deliveries are only 

accepted during the Record Center’s 

normal hours of operation (Monday to 

Friday from 9 a.m. to 5 p.m.) and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1986– 

0005. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider being CBI or otherwise 

protected through http:// 

www.regulations.gov or via e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your 

comments. If you send e-mail comments 

to EPA, your e-mail address will be 

included as part of the comment that is 

placed in the public docket and made 

available on the Web site. If you submit 

electronic comments, EPA recommends 

that you include your name and other 

contact information in the body of your 

comments and with any disks or CD– 

ROMs that you submit. If EPA cannot 

read your comments due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comments. Electronic 

files should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

• Superfund Records Center, 290 

Broadway, 18th Floor, New York, NY 

10007–1866. Hours: Monday to Friday 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 44921 

from 9 a.m. to 5 p.m., Phone: 212–637– 

4308. 

• New York State Department of 

Environmental Conservation, Region 1, 

SUNY @ Stony Brook, 50 Circle Road, 

Stony Brook, New York 11790, Phone: 

631–444–0240. 

FOR FURTHER INFORMATION CONTACT: 

Mark Dannenberg, Remedial Project 

Manager, Emergency and Remedial 

Response Division, U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, 20th Floor, New York, NY 

10007–1866, telephone (212) 637–4251; 

fax (212) 637–3966; or e-mail: 

dannenberg.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 2 is publishing this direct 

final Notice of Deletion of the SMS 

Instruments Superfund Site (Site) from 

the National Priorities List (NPL). The 

NPL constitutes Appendix B of 40 CFR 

part 300, which is the Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

sites that present a significant risk to 

public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in § 300.425(e)(3) 

of the NCP, a site deleted from the NPL 

remains eligible for remedial actions if 

conditions at the site warrant such 

action. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective September 13, 

2010 unless EPA receives significant 

adverse comments by August 30, 2010. 

Along with this direct final Notice of 

Deletion, EPA is co-publishing a Notice 

of Intent to Delete in the ‘‘Proposed 

Rules’’ section of the Federal Register. If 

adverse comments are received within 

the 30-day public comment period of 

this deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the deletion 

will not take effect. EPA will, if 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the SMS Instruments, Inc. 

Superfund Site and demonstrates how it 

meets the deletion criteria. Section V 

discusses EPA’s action to delete the Site 

from the NPL unless adverse comments 

are received during the public comment 

period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the state, whether any 

of the following criteria have been met: 

i. Responsible parties or other parties 

have implemented all appropriate 

response actions required; or 

ii. All appropriate Fund-financed 

responses under CERCLA have been 

implemented, and no further action by 

responsible parties is appropriate; or 

iii. The remedial investigation has 

shown that the release of hazardous 

substances poses no significant threat to 

public health or the environment and, 

therefore, taking of remedial measures is 

not appropriate. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the state of 

New York prior to developing this direct 

final Notice of Deletion and the Notice 

of Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the state 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the state, through the New York 

Department of Environmental 

Conservation, has concurred on the 

deletion of the Site from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in The South Bay News, a 

major local newspaper. The newspaper 

notice announces the 30-day public 

comment period concerning the Notice 

of Intent to Delete the Site from the 

NPL. 

(4) The EPA placed copies of 

documents supporting the proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following summary provides 

EPA’s rationale for deleting SMS 

Instruments Superfund Site (EPA ID: 

NYD001533165) from the NPL: 

Background 

The Site is a 1.5-acre facility located 

at 120 Marcus Boulevard in Deer Park, 

New York. The facility was in operation 

from 1967 to 1990. The Site is in a light 

industrial and residential area and 

includes a 34,000 square-foot building. 

About 90% of the lot is covered by 

either the building or asphalt pavement. 

Primary operations at the SMS 

Instruments facility consisted of 

overhauling of military aircraft 

components which included the 

following operations: Cleaning, 

painting, degreasing, refurbishing, metal 

machining, and testing of components. 

Industrial wastes generated from 

degreasing and other refurbishing 

operations were discharged to a 

leaching pool on Site. Other sources of 

contamination included a 6,000 gallon 

Underground Storage Tank (UST) used 

for jet fuel storage and corroded and 

leaking drums stored outdoors in an 

unprotected area. 

The site is located on the outwash 

plain of Long Island. The site elevation 

is approximately 75 feet above mean sea 

level. Topography is generally flat with 

the exception of a steep embankment 

leading to a large basin 50 feet from the 

eastern property line. The basin is 

within a major recharge zone for both 


jlentini on DSKJ8SOYB1PROD with RULES
44922 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 

the Upper Glacial and Magothy aquifers, 

which supply water to the entire island. 

The uppermost aquifer, the Upper 

Glacial, underlies the site. The depth to 

the water table is approximately 20 feet 

below grade. The saturated portion of 

the Upper Glacial aquifer, with a 

thickness of 100 feet, begins at the water 

table and extends down to 120 feet 

below grade. The Upper Glacial aquifer 

is underlain by the Magothy aquifer 

which is approximately 900 feet thick in 

the vicinity of the site. The groundwater 

flow direction is southerly for the Upper 

Glacial aquifer. Land use within the 

immediate vicinity of the site is light 

industrial, but predominant land use in 

the surrounding area is commercial and 

residential. Approximately 5,000 

residences are within 1 mile of the site. 

A preliminary assessment of the Site 

was performed by EPA in 1982 to 

determine its hazard ranking. Based 

upon the analytical results, which 

indicated that the groundwater in the 

vicinity of the Site contained various 

volatile organic compounds, the Site 

was listed on the New York State 

Registry of Inactive Hazardous Waste 

Disposal Sites as a ‘‘Class 2 Inactive 

Hazardous Waste Site’’ in 1985. 

The Site was added to the NPL on 

June 10, 1986 (51 FR 21054). 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The first Remedial Investigation and 

Feasibility Study (RI/FS) for the site was 

initiated in April 1987 and completed in 

June 1989. Through the site 

investigations, EPA determined that the 

contaminants of concern present in 

soils, and in the groundwater were 

volatile organic compounds (VOCs). 

Contaminants of concern at the site 

included benzene, toluene, 

chlorobenzene and xylene in both soils 

and groundwater. The site-related VOC 

groundwater contaminant plume was 

determined to have a cross-width of less 

than 70 feet and to extend vertically into 

the shallow portion (upper 40 saturated 

feet) of the Upper Glacial aquifer. In 

addition, EPA determined from the risk 

assessment that the contaminants in the 

groundwater in the shallow portion of 

the Upper Glacial aquifer at the site, if 

not addressed, pose an unacceptable 

cancer risk and noncancer hazard. 

Groundwater contamination was also 

identified in the groundwater 

upgradient of the site which was 

attributed to upgradient sources other 

than those at the SMS Instruments site. 

Groundwater remediation addressed 

both site-related and upgradient 

contaminant to State and Federal 

drinking water standards. 

Selected Remedy 

A Record of Decision (ROD) was 

signed on September 29, 1989 for 

Operable Unit 1 (OU–1), which 

addressed contaminated soil and 

groundwater related to the Site. The 

ROD selected two media-specific 

remediation actions, one for soil and 

one for groundwater. The following are 

the Remedial Action Objectives: (1) 

Remove the site-related sources of 

contamination into the groundwater to 

expedite compliance with Federal and 

State groundwater standards; (2) prevent 

potential future ingestion of site-related 

contaminated groundwater; (3) restore 

the quality of groundwater 

contaminated from the site-related 

activities to levels consistent with the 

Federal and State drinking water and 

groundwater quality standards; and (4) 

mitigate migration from the site of the 

site-related contaminated groundwater. 

The ROD specified the following 

remedial action components: (1) In-situ 

air stripping (soil vapor extraction), of 

the contaminated soil in the 

southeastern portion of the property in 

the area of high VOC contamination; (2) 

extraction of the site-related 

groundwater contaminant plume 

present in the upper 50 feet of the 

saturated Upper Glacial aquifer; (3) 

treatment of contaminated groundwater 

to drinking water standards; (4) 

reinjection of the treated groundwater 

into the Upper Glacial aquifer; and (5) 

disposal of treatment residuals, as 

appropriate. 

As a requirement of the first ROD for 

the Site a second RI/FS was performed 

(as Operable Unit 2 (OU–2)) to 

determine the presence/existence of 

offsite, upgradient sources of 

contamination. No upgradient sources 

of contamination were found and a ROD 

for OU–2 was signed on September 27, 

1993 which selected a ‘‘no-action’’ 

remedy. 

Response Actions 

The owner of the property negotiated 

a settlement with EPA in 1988 and the 

EPA took over all work associated with 

OU–1 and OU–2 Remedial Design and 

Remedial Action activities. The 

Remedial Design of the remedies was 

performed by CDM Federal, Inc. on 

behalf of EPA. The Remedial Action was 

implemented in two phases: Soil 

remediation and groundwater 

remediation. 

Soil Remediation 

Based on data from the RI and 

knowledge of the locations of the two 

primary source areas, namely, the 

underground cesspool and former UST, 

EPA’s contractor (CDM Federal, Inc.) 

prepared a remedial design for a Soil 

Vapor Extraction System (SVE) to 

remediate these source areas. CDM 

Federal, Inc. initiated the construction 

of the SVE system in October 1991; the 

construction was completed in April 

1992 and operation of the SVE system 

began shortly thereafter. Soil 

contamination in the soil vadose zone, 

within each of the two source areas, was 

remediated of VOCs (predominantly 

benzene, toluene, ethylbenzene, and 

xylenes (BTEX)) down to the water table 

depth approximately 20 feet below 

ground surface. Operation of the SVE 

system continued until November 1993, 

when it was determined (and confirmed 

by soil sampling) that all soil cleanup 

levels had been achieved. During the 

soil remedial action activities, CDM 

collected groundwater samples to 

monitor the contaminant levels at the 

site. In addition, CDM’s subcontractor 

continuously monitored the influent 

and effluent air streams to, and from, 

the SVE system to assure treatment was 

being performed in accordance with the 

performance requirements of the sitespecific Monitoring Plan. 

Demobilization of soil remediation 

equipment occurred in March 1994. A 

Remedial Action Report, documenting 

the completion of the remedial action, 

was approved by EPA on September 22, 

1994. 

Groundwater Remediation 

On-site construction activities were 

initiated in August 1993. Construction 

of the groundwater treatment system 

was completed in June 1994. The 

system began full operation in 

September 1994. The groundwater 

remedy consisted of pumping 

contaminated groundwater out of the 

aquifer, treating it through air stripping 

and carbon adsorption, and reinjecting 

it into the aquifer. The Remedial Action 

Report documenting the completion of 

the construction of the groundwater 

remediation system at the site was 

signed on March 31, 1995. The total 

flow rate through the treatment plant 

was approximately 90 gallons per 

minute (gpm), pumped from two 

extraction wells. The system was in 

almost continuous operation from 

September 1994 through September 

2005, treating a total of approximately 

500 million gallons of contaminated 

groundwater. It should be noted that, 

due to frequent clogging of the injection 

wells, permission was granted (from the 

Town of Babylon) to discontinue use of 

the injection wells and discharge the 

treated groundwater directly into the 

recharge basin located adjacent to the 

site. The requirements for this discharge 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 44923 

are the same as those for reinjection 

back into the aquifer. The groundwater 

treatment plant was decommissioned in 

2007. The final building demolition and 

concrete foundation removal was 

completed in December 2007. In May 

2008, NYSDEC issued the Final Pump 

and Treat System Dismantlement 

Report. 

In 2005, EPA secured a REAC 

Contract with EarthTech, Inc. to pilot an 

alternative technology in order to 

decrease the time frame and the cost 

required to remediation groundwater 

contamination at the Site. EarthTech, 

Inc. built a transportable air-sparging 

system, installed the system on Site, 

attached the system to sparging wells, 

and began operating the system in May 

2005. The air-sparging system 

successfully remediated the residual 

contamination that was the source of 

ongoing groundwater contamination. 

The air-sparging system was turned off 

in January 2010. 

Cleanup Goals 

The table below summarizes the 

cleanup goals for the soils and 

groundwater: 

Contaminant 

Cleanup 

objectives for 

subsurface soil 

(μg/kg) 

Chemical specific 

ARAR for 

groundwater 

(μg/L) 

Trans-1,2 dichloroethane ........................................................................................................................... 500 5 

Tetrachloroethene ...................................................................................................................................... 1,500 0 .7 

Trichloroethene .......................................................................................................................................... 1,000 5 

Total Xylenes ............................................................................................................................................. 1,200 5 

Ethylbenzene ............................................................................................................................................. 5,500 5 

Chlorobenzene ........................................................................................................................................... 1,600 5 

1,1-dichloroethane ..................................................................................................................................... .............................. 5 

1,4-dichlorobenzene .................................................................................................................................. 1,000 4 .7 

1,3-dichlorobenzene .................................................................................................................................. 1,500 5 

1,2-dichlorobenzene .................................................................................................................................. 1,000 4 .7 

Naphthalene ............................................................................................................................................... 1,000 5 

1,2,4-trimethylbenzene .............................................................................................................................. 3,600 5 

1,3,5-trimethylbenzene .............................................................................................................................. 8,400 5 

Groundwater monitoring was 

performed quarterly from 1994 to 2002 

and at least semi-annually from 2003 to 

2005. From 2005 to 2010, groundwater 

monitoring was conducted on an annual 

basis. When the groundwater pump and 

treat system was shut down in 2005, 

groundwater monitoring results 

indicated excursions of contaminant 

concentrations above cleanup goals 

localized in the vicinity of monitoring 

well MW–6S. Once the air-sparging unit 

began operation, groundwater 

monitoring data in 2008 and 2009 

indicated three slight excursions above 

drinking water standards at the same 

monitoring well. The last groundwater 

monitoring event, in January 2010, 

indicated compliance with NYS Class 

GA drinking water standards for all siterelated and upgradient contaminants in 

all site-related monitoring wells, 

including monitoring well MW–6S. 

Five-Year Review 

Hazardous substances at the Site are 

at levels that allow for unlimited use 

and unrestricted exposure. Pursuant to 

Section 121(c) of CERCLA, EPA reviews 

site remedies where such hazardous 

substances, pollutants, or contaminants 

remain no less often than every five 

years after the initiation of a remedy at 

a site. EPA conducted a five-year review 

of the Site in July 2006. The five-year 

review led EPA to conclude that human 

health and the environment are being 

protected by the remedial action 

implemented at the Site. As hazardous 

substances at the Site are at levels that 

allow for unlimited use and unrestricted 

exposure, no future five-year reviews 

are necessary. 

Community Involvement 

Public participation activities for this 

Site have been satisfied as required in 

CERCLA Sections 113(k) and 117. As 

part of the remedy selection process, the 

public was invited to comment on 

EPA’s proposed remedies. All other 

documents and information which EPA 

relied on or considered in 

recommending this deletion are 

available for the public to review at the 

information repositories identified 

above. 

Applicable Deletion Criteria/Statute 

Concurrence 

All of the completion requirements 

for this Site have been met, as described 

in EPA’s July 2010 Final Close Out 

Report. The State of New York, in a July 

7, 2010 letter concurred on the proposed 

deletion of this Site from the NPL. 

The NCP specifies that EPA may 

delete a site from the NPL if ‘‘all 

appropriate Fund-financed response 

under CERCLA has been implemented, 

and no further response action by 

responsible parties is appropriate.’’ 40 

CFR 300.425(e)(1)(ii). EPA, with the 

concurrence of the State of New York, 

through NYSDEC, believes that this 

criterion for deletion has been met. 

Consequently, EPA is deleting this Site 

from the NPL. Documents supporting 

this action are available in the Site files. 

V. Deletion Action 

The EPA, with the concurrence of the 

State of New York, through NYSDEC, 

has determined that all appropriate 

responses under CERCLA have been 

completed and that no further response 

actions under CERCLA are necessary. 

Therefore, EPA is deleting the Site from 

the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective September 13, 

2010 unless EPA receives adverse 

comments by August 30, 2010. If 

adverse comments are received within 

the 30-day public comment period of 

this action, EPA will publish a timely 

withdrawal of this direct final notice of 

deletion before the effective date of the 

deletion and the deletion will not take 

effect. EPA will, if appropriate, prepare 

a response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments received. There will be no 

additional opportunity to comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 


jlentini on DSKJ8SOYB1PROD with RULES
44924 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: July 20, 2010. 

Judith A. Enck, 

Regional Administrator, USEPA, Region 2. 

■ For the reasons set out in this 

document, 40 CFR Part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘SMS 

Instruments, Inc,’’ ‘‘Deer Park’’, ‘‘NY.’’ 

[FR Doc. 2010–18774 Filed 7–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0910051338–0151–02] 

RIN 0648–XX64 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Trip Limit Reduction and 

Trawl Gear Restriction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment of landing limits and gear 

requirements. 

SUMMARY: This action decreases the 

landing limit for Gulf of Maine (GOM) 

cod and implements a restriction on the 

use of certain types of trawl gear in parts 

of the U.S./Canada Management Area to 

reduce the harvest of Georges Bank (GB) 

yellowtail flounder for Northeast (NE) 

multispecies vessels fishing under 

common pool regulations for the 2010 

fishing year (FY). This action is 

authorized by the regulations 

implementing Amendment 16 and 

Framework Adjustment 44 (FW 44) to 

the NE Multispecies Fishery 

Management Plan (FMP) and is 

intended to decrease the likelihood of 

harvest exceeding the subcomponent of 

the annual catch limit (ACL) allocated 

to the common pool (common pool subACL) for each of these stocks during FY 

2010 (May 1, 2010, through April 30, 

2011). This action is being taken to 

ensure that common pool sub-ACLs for 

these stocks are not exceeded, thereby 

optimizing the harvest of NE regulated 

multispecies under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Effective July 30, 2010 through 

April 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing possession and 

landing limits for vessels fishing under 

common pool regulations are found at 

50 CFR 648.86. The regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies day-atsea (DAS), or fishing under a NE 

multispecies Small Vessel or Handgear 

A or B category permit, to fish for and 

retain NE multispecies, under specified 

conditions. The vessels fishing in the 

common pool are allocated a sub-ACL 

equivalent to that portion of the 

commercial groundfish ACL that is not 

allocated to the 17 approved NE 

multispecies sectors for FY 2010. The 

final rule implementing FW 44 (75 FR 

18356, April 9, 2010) established ACLs 

for FY 2010. A subsequent action 

published on May 26, 2010 (75 FR 

29459), adjusted allocations based on 

final rosters of vessels participating in 

sectors for FY 2010. For FY 2010, the 

common pool has been allocated subACLs of 240 mt (529,109 lb) for GOM 

cod and 23 mt (50,706 lb) for GB 

yellowtail flounder. 

The regulations at § 648.86(o) 

authorize the Administrator, Northeast 

(NE) Region, NMFS (Regional 

Administrator) to increase or decrease 

the trip limits for vessels in the common 

pool to prevent over-harvesting or 

under-harvesting the common pool subACL. Exceeding the common pool subACL prior to April 30, 2011, would 

require drastic trip limit reductions and/ 

or imposition of differential DAS 

counting for the remainder of FY 2010 

to minimize the overage, and would 

trigger accountability measures (AMs) in 

FY 2011, including differential DAS 

counting, to prevent future overages. 

GB yellowtail flounder is a 

transboundary stock whose Total 

Allowable Catch (TAC) is negotiated 

under the U.S./Canada Resource 

Sharing Understanding 

(Understanding). The regulations 

implementing the Understanding at 

§ 648.85(a) grant the RA additional 

authority to implement gear 

requirements in the U.S./Canada 

Management Area to prevent over- or 

under-harvest of the TAC. The 

regulations also require that, if any 

sector or the common pool exceeds its 

allocation of a TAC, that group is 

prohibited from fishing in the Eastern 

U.S./Canada Area, and any TAC overage 

at the end of the FY is deducted from 

the corresponding allocation in the 

following FY. Therefore, if the common 

pool exceeds the FY 2010 GB yellowtail 

flounder sub-ACL, vessels in the 

common pool will be prohibited from 

fishing in the Eastern U.S./Canada Area 

for the remainder of FY 2010, and the 

FY 2011 common pool sub-ACL would 

be reduced by the amount of any 

overage. 

A previous inseason action published 

in the Federal Register on May 27, 2010 

(75 FR 29678), reduced the common 

pool trip limits for five stocks: GOM 

haddock, GB haddock, GOM winter 

flounder, GB winter flounder, and GB 

yellowtail flounder. 

Initial Vessel Monitoring System 

(VMS) and dealer reports indicate that 

approximately 66.5 percent of the GOM 

cod and 70.9 percent of the GB 

yellowtail flounder common pool subACLs have been harvested as of July 15, 

2010. Based on the rate of catch for 

GOM cod to date, the Regional 

Administrator has determined that, 

unless a reduction in trip limit is 

implemented, the common pool fishery 

will exceed its sub-ACL for GOM cod by 

early August 2010, well before the end 

of the FY. 

Based on this information, the 

Regional Administrator is reducing the 

trip limit for GOM cod, effective July 30, 

2010 through April 30, 2011, from 800 

lb (362.9 kg) per DAS, not to exceed 

4,000 lb (1,814.3 kg) per trip; to 200 lb 

(90.7 kg) per DAS, not to exceed 1,000 

lb (453.6 kg) per trip. This action is 

intended to prevent common pool 

vessels from exceeding their sub-ACL 

and to allow these vessels to fish for 

other NE multispecies. Vessels with a 

Small Vessel category permit will be 

proportionally limited to not more than 

75 lb (34.0 kg) of cod within their trip 

limit of 300 lb (136.1 kg) of cod, 

haddock, and yellowtail flounder, 

combined. The regulations at 

§§ 648.82(a)(6) and 648.88(a)(1) require 

that the cod trip limit for vessels with 

a limited access Handgear A or open 

access Handgear B permit change 

proportionally (rounded up to the 

nearest 25 lb (11.3 kg)) with any change 

to the landing limit for DAS vessels. 

Therefore, trip limits are reduced from 

300 lb (136.1 kg) per trip to 75 lb (34.0 

kg) per trip, for Handgear A vessels; and 

from 75 lb (34.0 kg) trip, to 25 lb (11.3 

kg) trip, for Handgear B vessels. 


jlentini on DSKJ8SOYB1PROD with RULES