Federal Register / Vol. 72, No. 165 / Monday, August 27, 2007 / Rules and Regulations 48945 

In October of 1992, the EPA issued a 

notice letter to the PRP pursuant to 

122(a) of CERCLA for conducting the 

Remedial Design and Remedial Action 

(RD/RA) for OU1. There was no 

response from the PRP resulting in EPA 

conducting the OU1 RD/RA. The OU1 

RD/RA conducted by EPA in 1993 and 

1994 consisted of removal of the tanks, 

process water and drums along with 

approximately 10,000 tons of 

contaminated soils. Contaminated soils 

immediately adjacent to or underlying 

the Gilda Bakery and Quality 

manufacturing buildings as well as 

under West 3rd Court were inaccessible 

and left in place. 

OU1 soil contamination remaining on 

site and off site in areas inaccessible for 

removal during OU1 are being 

addressed through institutional controls 

as required by CERCLA. Proper 

notification and facility information has 

been provided to potentially affected 

parties adjacent to the SAB site. A 

flagging system has been implemented 

through Florida Department of 

Environmental Resources Management 

(DERM) which utilizes the County 

permitting requirements for facility 

structural changes and improvements. 

Any permit request or change in 

structure on the adjacent properties will 

prompt notification to FDEP and the 

EPA to assure that appropriate steps are 

taken to address contaminated soils still 

remaining underneath the building 

foundations, where necessary. In 

addition to the flagging system, FDEPBureau of Waste Cleanup maintains a 

registry database for tracking former 

waste sites where remedial action 

includes use of institutional controls. 

OU2 groundwater monitoring was 

conducted by EPA in 1994 and from 

May 1995 through February 2001 by 

FDEP as required under CERCLA. 

Groundwater sampling in February 2001 

confirmed that groundwater met federal 

and state drinking water standards. The 

Pollution Remediation Section of the 

Florida Department of Environmental 

Resources Management (DERM) 

concurred that sufficient groundwater 

monitoring for the chemicals of concern 

has occurred in accordance with the 

requirements of Chapter 24, Code of 

Miami-Dade County. In addition, there 

are no further requirements to address 

groundwater contamination at the site. 

The new owner agreed to place a 

restrictive covenant on the property 

deed that would maintain current and 

future property use consistent with the 

remedial action. In addition to the 

institutional control, the new owner 

agreed to close a monitoring well on 

site. Institutional controls have been 

initiated. 

All appropriate Fund-financed 

response under CERCLA has been 

implemented. No further response 

action is necessary. 

Cleanup Standards 

The OU1 ROD determined that all soil 

concentrations for total chromium, 

hexavalent chromium or nickel above 

519 ppm, 52 ppm or 370 ppm would be 

excavated and disposed at an offsite 

permitted landfill facility. 

The OU1 ROD determined that 

monitoring was required to ensure that 

drinking water Maximum Contaminant 

Levels (MCLs) were achieved. 

Operation and Maintenance 

FDEP conducted the required 

operation and maintenance and 

groundwater monitoring activities at the 

site subsequent to completion of the 

removal and remedial actions at the site. 

Five-Year Review 

A statutory five-year review of the 

remedy was conducted in November of 

1999 and determined that the remedy 

for the Site remained protective of 

human health and the environment. A 

second five-year review was conducted 

in 2005. The remedy for the Site 

continues to be protective of human 

health and the environment. Five-year 

reviews will be conducted in the future 

to assure the continued protectiveness 

of the remedy. 

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 deletion from the NPL are available 

to the public in the information 

repositories. 

V. Deletion Action 

The EPA, with concurrence of the 

State of Florida 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 October 26, 2007 

unless EPA receives adverse comments 

by September 26, 2007. If adverse 

comments are received within the 30- 

day public comment period, EPA will 

publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion and it will 

not take effect and, EPA 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. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 13, 2007. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4. 

■ 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 removing the entry for 

the ‘‘Standard Auto Bumper Corp’’ site 

in Hialeah, FL. 

[FR Doc. E7–16685 Filed 8–24–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061020273–7001–03] 

RIN 0648–XC21 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Commercial Quota Harvested for 

Connecticut 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2007 summer flounder commercial 

quota allocated to the State of 

Connecticut has been harvested. Vessels 

issued a commercial Federal fisheries 

permit for the summer flounder fishery 

may not land summer flounder in 

Connecticut for the remainder of 


rmajette on PROD1PC64 with RULES
48946 Federal Register / Vol. 72, No. 165 / Monday, August 27, 2007 / Rules and Regulations 

calendar year 2007, unless additional 

quota becomes available through a 

transfer from another state. Regulations 

governing the summer flounder fishery 

require publication of this notification 

to advise Connecticut that the quota has 

been harvested and to advise vessel 

permit holders and dealer permit 

holders that no commercial quota is 

available for landing summer flounder 

in Connecticut. 

DATES: Effective 0001 hours, August 25, 

2007 through 2400 hours, December 31, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.100. 

The initial total commercial quota for 

summer flounder for the 2007 calendar 

year was set equal to 7,789,800 lb (3,533 

mt) (71 FR 75134, December 14, 2006). 

This quota was increased through an 

emergency action to 10,267,098 lb 

(4,658 mt) (72 FR 2458, January 19, 

2007). The percent allocated to vessels 

landing summer flounder in 

Connecticut is 2.25708 percent, 

resulting in a commercial quota of 

231,739 lb (106 mt). The 2007 allocation 

was reduced to 226,464 lb (103 mt) 

when research set-aside was deducted 

and then reduced to 209,994 (96 mt) 

after the 2006 overages had been 

applied. 

Section 648.101(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing summer flounder 

in that state. The Regional 

Administrator has determined, based 

upon dealer reports and other available 

information, that Connecticut has 

harvested its quota for 2007. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

summer flounder in any state that the 

Regional Administrator has determined 

no longer has commercial quota 

available. Therefore, effective 0001 

hours, August 25, 2007, further landings 

of summer flounder in Connecticut by 

vessels holding summer flounder 

commercial Federal fisheries permits 

are prohibited for the remainder of the 

2007 calendar year, unless additional 

quota becomes available through a 

transfer and is announced in the 

Federal Register. Effective 0001 hours, 

August 25, 2007, federally permitted 

dealers are also notified that they may 

not purchase summer flounder from 

federally permitted vessels that land in 

Connecticut for the remainder of the 

calendar year, or until additional quota 

becomes available through a transfer 

from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: August 21, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–4189 Filed 8–22–07; 3:07 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XC22 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2007 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 28, 2007, through 

1200 hrs, A.l.t., October 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The C season allowance of the 2007 

TAC of pollock in Statistical Area 630 

of the GOA is 4,889 metric tons (mt) as 

established by the 2007 and 2008 

harvest specifications for groundfish of 

the GOA (72 FR 9676, March 5, 2007). 

In accordance with § 679.20(a)(5)(iv)(B) 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

decreases the C season pollock 

allowance by 1,338 mt, the amount of 

the B season allowance of the pollock 

TAC that was exceeded in Statistical 

Area 630. Therefore, the revised C 

season allowance of the pollock TAC in 

Statistical Area 630 is 3,551 mt (4,889 

mt minus 1,338 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2007 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,251 mt, and is 

setting aside the remaining 300 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 630 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 630 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 


rmajette on PROD1PC64 with RULES