Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57651

across 1st Avenue. Local public water 

supply is provided throughout the 

surrounding area by the Lemont Water 

Company. 

The Site was placed on the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) National Priorities List 

(NPL) on September 8, 1983. Pursuant 

to CERCLA, as amended by the 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 

ROC and the United States 

Environmental Protection Agency 

(USEPA) entered into an Administrative 

Order of Consent (AOC, EPA Docket No. 

III–88–22–DC; USEPA, 1988) on 

November 7, 1988. The AOC stipulated 

that a Remedial Investigation (RI) and 

Feasibility Study (FS) be performed at 

the Site and specific off-Site areas 

including Thornton Spring and a 

portion of Spring Creek. The RI was 

conducted from 1990 through 1992 and 

the RI Report (Golder Associates, 1993), 

which included a Baseline Risk 

Assessment, was conditionally 

approved by USEPA on March 26, 1993. 

The FS was conducted in 1993 and the 

FS Report (Golder Associates, 1994) was 

conditionally approved by USEPA on 

September 27, 1994.

USEPA issued a Record of Decision 

for the Site dated April 21, 1995 (ROD; 

USEPA, 1995). The 1995 ROD addressed 

contaminated groundwater, surface 

water, soils, and sediments, together 

with source control measures for surface 

water discharges. A future ROD will 

address soils from the riparian areas of 

Spring Creek and the 15-acre former 

sprayfield area, and sediments from the 

lower portion of the freshwater drainage 

ditch, Thornton Spring, and Spring 

Creek beyond the Benner Fish Hatchery. 

USEPA amended the 1995 ROD in 2001 

with the concurrence of the 

Commonwealth of Pennsylvania (ROD 

Amendment, USEPA, 2001) to select an 

alternative method of soil remediation 

at the main Site (enhanced soil vapor 

extraction and soil removal). A Consent 

Decree, whereby ROC agreed to 

implement the requirements of the OU–

1 ROD, as amended, was signed by ROC 

on September 30, 1996 (Civil Action No. 

03–23; USEPA, 1996b). Since 1999, 

contaminated groundwater extraction 

and treatment, soil and sediment 

removal, soil vapor extraction, and 

groundwater and surface water 

monitoring have been conducted at the 

Site pursuant to the ROD and Consent 

Decree. 

No remedial actions are required by 

the ROD and Consent Decree for the 

Administration Parcel. There is some 

ambiguity as to whether the 

Administration Parcel was ever truly 

part of the NPL Site since no 

manufacturing operations ever occurred 

thereon and the parcel is located 

upgradient from the remainder of the 

Site. 

Sampling Results 

Extensive sampling has been 

completed at the Site as part of the 

Remedial Investigation, the subsequent 

Remedial Design, and monitoring of 

remedial actions. Data collected from 

monitoring wells located within the 

Administration Parcel, which have been 

sampled for over ten years, indicates no 

contamination at or above clean-up 

levels either at or originating from the 

Administration Parcel. Therefore, 

response actions have not been required 

by the present ROD, nor are anticipated 

to be required by any future ROD for the 

Site. Therefore, EPA intends for this 

parcel to be officially removed from the 

NPL pursuant to 40 CFR 300.425(e). 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket, 

which EPA relied on for 

recommendation of the partial deletion 

from the NPL, are available to the public 

in the information repositories. 

V. Deletion Action 

The EPA, with concurrence of the 

Commonwealth of Pennsylvania, has 

determined that all appropriate 

responses under CERCLA have been 

completed for the Administration 

Parcel, and that no further response 

actions, under CERCLA, are necessary. 

Therefore, EPA is deleting the 

Administration Parcel of the Site from 

the NPL. 

Because EPA considers this action to 

be non-controversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This direct 

final deletion will be effective sixty (60) 

days after publication of this document 

in the Federal Register unless EPA 

receives adverse comments within thirty 

(30) days after publication on this 

document. If adverse comments are 

received within the 30-day public 

comment period on this document, EPA 

will publish a timely withdrawal of this 

direct final deletion before the effective 

date of the deletion and the deletion 

will not take effect. EPA will, as 

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.

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply.

Dated: September 14, 2004. 

Andrew Carlin, 

Acting Regional Administrator, Region III.

■ 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. 

Appendix B—[Amended]

■ 2. Table 1 of Appendix B to Part 300 

is amended by adding a ‘‘P’’ in the Notes 

column in the entry for Centre County 

Kepone, State College Borough, 

Pennsylvania.

[FR Doc. 04–21493 Filed 9–24–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 300

[Docket No. 040209049–4117–02; I.D. 

091404G]

Pacific Halibut Fisheries; Oregon Sport 

Fisheries

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason action; request for 

comments.

SUMMARY: NMFS announces changes to 

the regulations for the Area 2A sport 

halibut fisheries off the central coast of 

Oregon. This action would increase the 

daily bag limit and make additional 

potential season reopening dates 

available to halibut fishing in the 

Oregon central coast recreational fishing 

subarea. The purpose of this action is to 

allow increased access to Oregon’s 

central coast recreational halibut quota.

DATES: Effective September 22, 2004, 

through the 2005 annual management

57652 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 

measures which will publish in a later 

Federal Register document. Comments 

on this rule will be accepted through 

October 7, 2004.

ADDRESSES: You may submit comments 

on the inseason action, identified by I.D. 

091404G, by any of the following 

methods:

• E-mail: 

halibutinseason01.nwr@noaa.gov. 

Include 091404G in the subject line of 

the message.

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Fax: 206–526–6736, Attn: Jamie 

Goen.

• Mail: D. Robert Lohn, Administrator, 

Northwest Region, NMFS, 7600 Sand 

Point Way NE, Seattle, WA 98115–0070.

FOR FURTHER INFORMATION CONTACT:

Jamie Goen (NMFS, Northwest Region), 

phone: 206–526–4646.

SUPPLEMENTARY INFORMATION:

International Pacific Halibut 

Commission (IPHC) annual management 

measures for the Pacific halibut fisheries 

were published on February 27, 2004 

(69 FR 9231). The Area 2A Catch 

Sharing Plan for Pacific halibut off 

Washington, Oregon, and California was 

implemented subsequently at 69 FR 

24524, May 4, 2004. Those regulations 

established the 2004 area quota for the 

central coast of Oregon (Cape Falcon, 

OR to Humbug Mountain, OR) all-depth 

fishery of 282,178 lb (128 mt) and the 

related management measures. The 

third all-depth sport fishery season in 

the central area is scheduled to be open 

2 days per week (Friday and Saturday) 

on previously announced specific dates, 

and the nearshore fishery (shoreward of 

40–fathoms) is scheduled for 7 days per 

week, both with a one-fish bag limit.

The pace of the all-depth halibut 

fishery has been slow off the Oregon 

central coast in recent years. Oregon 

Department of Fish and Wildlife 

(ODFW), the agency that directly 

monitors the sport halibut fishery off 

Oregon’s coast, reports sport halibut 

catch in the 2004 fishery, as of 

September 1, 2004, to have 77,736 lb 

(35.3 mt) of quota remaining out of a 

282,178 lb (128 mt) quota for the Oregon 

central coast fishery (Note: the 

remaining quota includes 20,858 lb (9.5 

mt) remaining in the nearshore fishery). 

For the remainder of the year, this 

fishery is scheduled to be open, as quota 

allows, on September 17, 18 and 

October 1, 2, 15, 16, 29 and 30. In order 

to increase opportunity for participation 

in sport halibut fisheries in the Oregon 

central coast subarea, ODFW consulted 

with NMFS and the IPHC, and they 

together recommended that additional 

potential season reopening dates be 

available for the all-depth fishery, that 

the fishery be changed from a 2–day per 

week (Friday and Saturday) fishery to a 

3–day per week (Friday through 

Sunday) fishery, and that the fishery be 

changed from a one-fish bag limit to a 

two-fish bag limit. The increased bag 

limit would apply to the nearshore 

fishery, shoreward of 40–fathoms, in 

this subarea as well.

These changes would increase the 

days available that a vessel could fish 

for halibut in the all-depth area and 

allow the retention of an additional fish 

(up to two) in both the all-depth and 

nearshore areas, as quota allows. The 

additional potential reopening dates and 

increased bag limit announced in this 

document allow flexibility in 

scheduling the remainder of the season 

and increased opportunity to attain the 

2004 sport halibut quota for this 

subarea. ODFW hopes that by adding 

potential reopening dates and increasing 

the bag limit, anglers will be able to 

access the full halibut quota for this 

subarea and not leave quota remaining, 

as in 2002 and in 2003, where about 

50,000 lb (22.7 mt) and 80,000 lb (36.3 

mt) of combined central coast quota 

remained unharvested, respectively.

Section 25 of the 2004 Pacific halibut 

regulations provides NMFS with the 

authority to make certain inseason 

management changes, provided that the 

action is necessary to allow allocation 

objectives to be met, and that the action 

will not result in exceeding the catch 

limit for the area. The Catch Sharing 

Plan’s (CSP’s) structuring objective for 

the Oregon central coast area is to 

provide two periods of fishing 

opportunity in Spring and in Summer in 

productive deeper water areas along the 

coast, principally for charterboat and 

larger private boat anglers, and to 

provide a period of fishing opportunity 

in the summer for nearshore waters for 

small boat anglers.

In consultation with the ODFW and 

the IPHC, NMFS has determined to 

increase the bag limit in this subarea to 

two-fish per day and to allow the 

following additional potential reopening 

dates to sport halibut fishing in the 

Oregon central coast all-depth subarea 

for the remainder of 2004: September 

24, 25, 26, and October 1, 2, 3, 8, 9, 10, 

15, 16, 17, 22, 23, 24, 29, 30 and 31, in 

order to meet the CSP’s objectives. 

Additionally, this action is not expected 

to result in bycatch of overfished 

groundfish species above the amounts 

previously projected to be taken in 

Oregon sport fisheries in 2004, 

particularly the 3.2 mt for yelloweye 

rockfish.

NMFS Action

For the reasons stated above, NMFS 

announces the following change to the 

2004 annual management measures (69 

FR 24524, May 4, 2004) to read as 

follows:

1. On page 24526, in the third 

column, in section 24. Sport Fishing for 

Halibut, paragraphs (4)(b)(v)(A)(3) and 

(4)(b)(v)(B) in the third column are 

revised to read as follows:

24. Sport Fishing for Halibut

* * * * *

(4) * * *

(b) * * *

(v) * * *

(A) * * *

(3) If sufficient unharvested catch 

remains, the third season (summer 

season), which is for the ‘‘all-depth’’

fishery, will be open August 6, 7, 20, 

and 21, September 3, 4, 17, 18, 24, 25, 

and 26, and October 1, 2, 3, 8, 9, 10, 15, 

16, 17, 22, 23, 24, 29, 30, and 31, or 

until the combined spring season and 

summer season quotas in the area 

between Cape Falcon and Humbug 

Mountain, OR, totaling 259,604 lb 

(117.8 mt), are estimated to have been 

taken and the area is closed by the 

Commission, whichever is earlier. 

NMFS will announce fishery openings 

and closures on the NMFS hotline.

(B) The daily bag limit is the first two 

halibut taken, per person, of 32 inches 

(81.3 cm) or greater in length.

* * * * *

Classification

This action is authorized by section 

25 of the IPHC regulations published at 

69 FR 24524 (May 4, 2004). The 

determination to take these actions is 

based on the most recent data available. 

The Assistant Administrator for 

Fisheries, NOAA (AA), has determined 

that good cause exists for this document 

to be published without affording a 

prior opportunity for public comment 

under 5 U.S.C. 553(b)(3)(B) because 

doing so would be impracticable. 

Providing prior notice and opportunity 

for public comment would be 

impracticable because it might prevent 

fishers from achieving their recreational 

harvest opportunity for halibut within 

this subarea’s quota for the season. 

NMFS has concluded, based on the slow 

rate of catch of halibut in Oregon’s 

central coast recreational fishery in 

2004, fishers may not have an 

opportunity to harvest the 2004 quota if 

they are limited to the season open 

dates and one-fish bag limit established 

pre-season. Thus, potential season 

reopening dates and an increased bag 

limit of two-fish per day are announced 

in this action for the Oregon central

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57653

coast all-depth sport halibut fishery. 

The additional potential reopening 

dates and increased bag limit are 

intended to allow anglers an 

opportunity to attain the Oregon central 

coast halibut quota for 2004 and 

flexibility in scheduling openings for 

any or all of those dates. However, there 

was not sufficient time between getting 

the information on the slow season 

catch for 2004 and the additional 

reopening dates to afford the public 

prior notice and opportunity for 

comment. NMFS received the 

information on September 1, 2004. The 

first new reopening date is September 

24, 2003. NMFS needed time to write 

and review the changes to the 

regulations. In addition, this action 

relieves a restriction by providing 

additional opportunity for anglers to 

harvest halibut if sufficient quota 

remains. If there are no additional 

reopening dates added to the season or 

an increased bag limit, anglers may be 

restricted by not being able to harvest 

the full halibut quota for 2004. For the 

above reasons and because this action 

relieves a restriction, the AA has also 

determined that good cause exists to 

waive the delay of effectiveness of this 

action under 5 U.S.C. 553(d)(1) and 

(d)(3).

Public comments will be received for 

a period of 15 days after the publication 

in the Federal Register . This action is 

authorized by section 25 of the IPHC’s 

annual management measures for 

Pacific halibut fisheries published on 

May 4, 2004 (69 FR 24524), and has 

been determined to be not significant for 

purposes of Executive Order 12866.

Authority: 16 U.S.C. 773–773k.

Dated: September 20, 2004.

John H. Dunnigan,

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–21553 Filed 9–22–04; 12:07 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 040122024–4105–02; I.D. 

092104C]

Fisheries of the Northeastern United 

States; Tilefish Fishery; Quota 

Harvested for Part-time Category

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS announces that the 

percentage of the tilefish annual total 

allowable landing (TAL) available to the 

Part-time category has been harvested. 

Commercial vessels fishing under the 

Part-time tilefish category may not 

harvest tilefish from within the golden 

tilefish management unit for the 

remainder of the 2004 fishing year 

(through October 31, 2004). Regulations 

governing the tilefish fishery require 

publication of this notification to advise 

the public of this closure.

DATES: Effective 0001 hrs local time, 

September 25, 2004, through 2400 hrs 

local time, October 31, 2004.

FOR FURTHER INFORMATION CONTACT:

Brian R. Hooker, Fishery Policy Analyst, 

at (978) 281–9220.

SUPPLEMENTARY INFORMATION:

Regulations governing the tilefish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a TAL for federally 

permitted tilefish vessels harvesting 

tilefish from within the golden tilefish 

management unit. The golden tilefish 

management unit is defined as an area 

of the Atlantic Ocean from the latitude 

of the VA and NC border (36°33.36′ N. 

lat.), extending eastward from the shore 

to the outer boundary of the exclusive 

economic zone, and northward to the 

U.S.-Canada border. After 5 percent of 

the TAL is deducted to reflect landings 

by vessels issued an open-access 

Incidental permit category, and after up 

to 3 percent of the TAL is set aside for 

research purposes, should research TAL 

be set aside, the remaining TAL is 

distributed among three tilefish limited 

access permit categories: Full-time tier 1 

category (66 percent), Full-time tier 2 

category (15 percent), and the Part-time 

category (19 percent).

The TAL for tilefish for the 2004 

fishing year was set at 1.995 million lb 

(905,172 kg) and then adjusted 

downward by 5 percent to 1,895,250 lb 

(859,671 kg) to account for incidental 

catch. There was no research set-aside 

for the 2004 fishing year. Thus, the Parttime category quota for the 2004 fishing 

year, which is equal to 19 percent of the 

TAL, is 360,098 lb (163,338 kg). As a 

result of the decision in the Hadaja v. 

Evans lawsuit on May 15, 2003, the 

permitting and reporting requirements 

for the tilefish fishery were suspended 

for nearly a year. The decision rendered 

the subquotas for the various limited 

access permit categories inoperative. 

These requirements were reinstated on 

May 31, 2004, through a final rule (69 

FR 22454, April 26, 2004). During the 

period that the permitting and reporting 

requirements were vacated, it was 

impossible to attribute tilefish landings 

to a particular limited access permit 

category. Consequently, projected 

landings were used for the period 

November 1, 2003 - May 31, 2004. Based 

on this projection, the adjusted Parttime category quota for the remainder of 

the fishing year (June 1–October 31, 

2004) was calculated to be 200,791 lb 

(91,077 kg).

The Administrator, Northeast Region, 

NMFS (Regional Administrator) 

monitors the commercial tilefish quota 

for each fishing year using dealer 

reports, vessel catch reports, and other 

available information to determine 

when the quota for each limited access 

permit category is projected to have 

been harvested. NMFS is required to 

publish notification in the Federal 

Register notifying commercial vessels 

and dealer permit holders that, effective 

upon a specific date, the tilefish TAL for 

the specific limited access category has 

been harvested and no commercial 

quota is available for harvesting tilefish 

by that category for the remainder of the 

fishing year, from within the golden 

tilefish management unit.

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2004 tilefish TAL for the Part-time 

category has been harvested. Therefore, 

effective 0001 hrs local time, September 

25, 2004, further landings of tilefish 

harvested from within the golden 

tilefish management unit by tilefish 

vessels holding Part-time category 

Federal fisheries permits are prohibited 

through October 31, 2004. The 2005 

fishing year for commercial tilefish 

harvest will open on November 1, 2004. 

Federally permitted dealers are also 

advised that, effective September 25, 

2004, they may not purchase tilefish 

from Part-time category federally 

permitted tilefish vessels who land 

tilefish harvested from within the 

golden tilefish management unit for the 

remainder of the 2004 fishing year 

(through October 31, 2004).

Classification

This action is required by 50 CFR part 

648 and is exempt from review under 

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: September 22, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–21590 Filed 9–22–04; 1:21 pm]

BILLING CODE 3510–22–S