60060 Federal Register / Vol. 62, No. 215 / Thursday, November 6, 1997 / Proposed Rules

the continued protection of public

health and the environment.

F. Protectiveness

All the completion requirements for

this Site have been met as described in

the Final Close-Out Report (COR) dated

September 1997. The Final COR

documents the effectiveness of the postremedial environmental monitoring and

that the remedy (slurry wall, multilayered cap, leachate collection system,

gas venting system and installation of a

Site security fence) remains protective.

Site O&M activities will be performed

by BFI, with EPA oversight.

EPA and NJDEP have determined that

all appropriate Fund-financed responses

under CERCLA at the Site have been

completed, and that no further

construction activities by responsible

parties is necessary except for operation

and maintenance requirements. EPA

will be providing oversight of all

operation and maintenance activities.

Consequently, EPA is proposing

deletion of this Site from the NPL.

Documents supporting this action are

available in the docket.

Dated: September 29, 1997.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 97–29150 Filed 11–5–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration (NOAA)

50 CFR Part 679

[Docket No. 971015247–7247–01; I.D.

091597D]

RIN 0648-AK19

Fisheries in the Exclusive Economic

Zone Off Alaska; Modify IFQ

Survivorship Transfer Provisions

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule.

SUMMARY: NMFS proposes a regulatory

amendment to the Individual Fishing

Quota (IFQ) Program for fixed gear

Pacific halibut and sablefish fisheries in

and off of Alaska. This action would

modify the survivorship transfer

provisions to allow heirs of deceased

quota share (QS) or IFQ holders to

receive such QS or IFQ by transfer and

to transfer the resulting IFQs to any

person eligible to receive IFQ for up to

3 years following the date of a QS

holder’s death. This action is necessary

to extend survivorship privileges to

other heirs in addition to surviving

spouses and to allow such heirs to

obtain pecuniary benefit from such IFQ.

The intended effect of this action is to

provide temporary financial relief for

the heirs of QS holders.

DATES: Comments on the proposed rule

and Regulatory Impact Review (RIR)

must be received December 8, 1997.

ADDRESSES: Comments must be sent to

the Chief, Fisheries Management

Division, Alaska Region, NMFS, Room

453, 709 West 9th Street, Juneau, AK

99801, or P.O. Box 21668, Juneau, AK

99802, Attention: Lori J. Gravel.

FOR FURTHER INFORMATION CONTACT:

James Hale, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The fixed gear halibut and sablefish

fisheries are managed by the IFQ

Program, a limited access system for

fixed gear Pacific halibut (Hippoglossus

stenolepis) and sablefish (Anoplopoma

fimbria) fisheries in and off of Alaska.

Under authority of the MagnusonStevens Fishery Conservation and

Management Act and the Northern

Pacific Halibut Act of 1982 (Halibut

Act), NMFS implemented the IFQ

Program in 1995, on the

recommendation of the North Pacific

Fishery Management Council (Council),

to reduce excessive fishing capacity in

the fixed gear Pacific halibut and

sablefish fisheries, while maintaining

the social and economic character of

these fisheries and the Alaskan coastal

communities where many of these

fishermen are based.

Restrictions in the IFQ Program foster

the transfer of QS among fishermen

qualified to fish the annual allocations

of IFQ that QS generate. These

restrictions are intended to discourage

excessive consolidation and the

acquisition of QS by investment

speculators. Persons who are not

qualified to receive IFQ may receive QS

by transfer, but such QS would be

restricted from generating IFQ that may

be used to harvest IFQ halibut or

sablefish.

The Council’s approved IFQ Program

authorizes temporary exceptions to the

transfer restrictions. In 1996, on the

authority of the transfer provisions in

the Fishery Management Plan for the

Gulf of Alaska Groundfish Fishery and

the Fishery Management Plan for the

Bering Sea/Aleutian Islands Groundfish,

NMFS implemented an exception to the

transfer restrictions that grants

temporary transfer privileges to the

spouse of a deceased QS holder who

receives QS by right of survivorship, but

is otherwise unqualified to harvest IFQ

(61 FR 41523, August 9, 1996). The

exception allows the surviving spouse

who receives QS or IFQ, first, to transfer

any of the current year’s IFQ for the

duration of the allocation year and,

second, to lease the total annual

allocations of IFQ resulting from the QS

transferred by right of survivorship for

3 calendar years from the date of the

death of the deceased holder of QS or

IFQ (§ 679.41(k)(2)).

In October 1996, the IFQ Industry

Implementation Team recommended a

proposal to extend the survivorship

transfer provisions to heirs in a

deceased QS holder’s immediate family,

in addition to a surviving spouse. In

June 1997, the Council took final action

to extend the survivorship transfer

provisions to any individual who

receives QS by right of survivorship.

This action would benefit heirs who

were not initially issued QS or who are

not IFQ crew members. Without

meeting those criteria, individuals who

receive QS by right of survivorship

would be otherwise ineligible to receive

IFQ. The new provision would allow an

individual who receives QS by right of

survivorship to transfer, for up to 3

years, the total IFQ resulting from that

QS to anyone eligible to receive IFQ and

thereby obtain pecuniary benefit from

the QS for that period. The Council

determined that 3 years would provide

an heir with adequate time to resolve

permanently any issues that may arise

due to receiving QS or IFQ by right of

survivorship, including subsequent

transfers. Upon the death of a QS or IFQ

holder, the Regional Administrator,

upon application for transfer, would

transfer QS or IFQ to an individual who

demonstrates a right of succession to

such QS or IFQ, through intestate or

testate succession. The Regional

Administrator, upon application for

transfer, would transfer, for up to 3

calendar years following the date of

death of an individual QS holder, IFQ

from an individual who received the

originating QS through intestate or

testate succession to any person eligible

to receive IFQ.

This action would also correct an

error in the survivorship transfer

regulations that resulted from the

consolidation of regulations governing

the EEZ off Alaska in 61 FR 31228 (June

19, 1997). In the consolidation of the

regulations, the reference to paragraph

(g)(2) in § 679.41(k) should have been

revised to read (h)(2). This action would

make the necessary revision to correct

the oversight.
Federal Register / Vol. 62, No. 215 / Thursday, November 6, 1997 / Proposed Rules 60061

Classification

This proposed rule contains a

collection-of-information requirement

subject to the Paperwork Reduction Act,

clarifying a requirement that has

previously been approved by OMB

under Control Number 0648-0272. The

proposed clarification states that a death

certificate is one of the forms of

substantiating evidence required upon

the death of a quota share holder in

order to transfer that quota share to an

estate. The estimated response time for

providing the substantiating evidence is

1 hour per response, including the time

for reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information.

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on respondents, including through the

use of automated collection techniques

or other forms of information

technology. Send comments on these or

any other aspects of the collection of

information to NMFS/Alaska Region

(see ADDRESSES), and to OMB at the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Washington, DC 20503 (Attn:

NOAA Desk Officer).

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection of information subject

to the requirements of the PRA, unless

that collection of information displays a

currently valid OMB Control Number.

The proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities:

The proposed change constitutes a minor

regulatory amendment needed to extend the

survivorship transfer provision (currently

applicable to surviving spouses only) to heirs

generally of a deceased quota share (QS)

holder. This action would allow heirs who

receive QS of Individual Fishing Quota (IFQ)

by right of survivorship to transfer IFQ

resulting from the inherited QS for 3 years

from the date of the deceased QS holder’s

death, notwithstanding the IFQ Program’s

restrictions on transfers of IFQ.

This rule could potentially affect any small

entity able to fish IFQ in the Alaska fisheries.

Currently, 4,187 persons are eligible to fish

IFQ in Alaska. Most of these are believed to

be small entities. In addition, this rule could

affect heirs of deceased QS holders. It is not

possible to predict the extent to which such

heirs might be considered small entities.

Likewise, it is impossible to quantify the

economic impact this proposed rule could

have on small entities, because the impacts

are speculative and depend on a variety of

factors including the death of one or more

current QS holders and the decision by one

or more heirs to lease IFQ. However, to the

extent that the proposed rule could impact

small entities, the impact would be beneficial

in that the result would be increased

opportunity for leasing IFQ shares. Eligible

fishermen who wanted to fish more shares

would have increased opportunity to lease

more shares, and heirs who otherwise would

not be eligible to fish the IFQ would be able

to recognize economic gain.

As a result, a regulatory flexibility

analysis was not prepared.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: October 31, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR Part 679 is proposed

to be amended as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC zONE OFF

ALASKA

1. The authority citation for 50 CFR

part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq., and 3631 et seq.

2. In § 679.41, paragraph (k) is revised

to read as follows:

§ 679.41 Transfer of QS and IFQ

* * * * *

(k) Transfer to an heir.

(1) Upon the death of a QS or IFQ

holder, the Regional Administrator,

upon application for transfer, will

transfer QS or IFQ to an individual who

demonstrates a right of succession to

such QS or IFQ, through intestate or

testate succession.

(2) The Regional Administrator, upon

application for transfer, will transfer, for

up to 3 calendar years following the

date of death of an individual QS

holder, IFQ from an individual who

received the originating QS through

intestate or testate succession to a

person eligible to receive IFQ under the

provisions of this section,

notwithstanding the limitations on the

transfer of IFQ in paragraph (h)(2) of

this section.

* * * * *

[FR Doc. 97–29382 Filed 11–3–97; 2:24 pm]

BILLING CODE 3510–22–F