Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules 16753

5 Risks were estimated using Monte Carlo simulation runs; at the 95th percentile level, calculated risks were found to be below this level 95%

of the time. 6The lower risk was obtained by using the one detected value (a ‘‘J-value’’ below the quantitation limit) as one of the two high-end parameters. 7The lower risk was obtained by using only the J-value in the Monte Carlo simulation runs.

TABLE III.—NON-GROUNDWATER RISKS FOR PETROLEUM RESIDUALS IN LAND TREATMENT UNITS

Individual waste streams

On-site land treatment unit high-end total

carcinogen risk

Off-site land treatment unit high-end total

carcinogen risk

Home

gardener

Adult

resident

Subsistence

farmer

Subsistence fisherHome

gardener

Adult

resident

Subsistence

farmer

Subsistence fisher

Clarified Slurry Oil Tank Sediment .... 1E–04 2E–05 2E–04 4E–05 3E–05 1E–05 2E–05 3E–05

Crude Oil Tank Sediment .................. 3E–07 1E–07 4E–07 2E–07 2E–07 8E–08 2E–07 1E–07

Unleaded Gasoline Tank Sediment .. 4E–07 9E–08 2E–07 1E–07 3E–07 9E–08 4E–07 1E–07

Sulfur Complex Sludge ...................... 1E–07 3E–08 6E–08 3E–08 5E–08 1E–08 4E–08 1E–08

HF Alkylation Sludge ......................... 3E–08 7E–09 1E–08 8E–09 3E–08 7E–09 4E–08 9E–09

Sulfuric Acid Alkylation Sludge .......... 2E–09 1E–09 3E–10 2E–09 5E–10 3E–10 3E–10 7E–10

Off-Spec Product & Fines ................. 6E–08 3E–08 7E–08 4E–08 6E–08 2E–08 9E–08 4E–08

[FR Doc. 97–8816 Filed 4–7–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 268

[EPA–F–97–PH3A–FFFFF; FRL–5808–4]

RIN 2050 AE05

Land Disposal Restrictions—Phase IV:

Treatment Standards for Characteristic

Metal Wastes; Notice of Data

Availability

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Extension of the comment

period.

SUMMARY: EPA has received requests to

extend the comment period on the

notice of data availability (NODA)

published in the Federal Register on

March 5, 1997 (62 FR 10004). The

NODA solicited public comments on

studies, and the results of a Peer Review

of those studies, pertaining to whether

the addition of iron filings (and iron

dust) to lead-contaminated spent

foundry sand is a means of diluting the

waste impermissibly rather than treating

it to conform with the requirements of

the LDR rules. The NODA addressed

whether this practice stabilizes (or

otherwise treats) lead, the chief

hazardous constituent found in the

spent sand, so that the lead will not

migrate through the environment when

the spent sand is land disposed. This

document extends the comment period

for the NODA for 30 days.

DATES: Comments are due by May 8,

1997.

ADDRESSES: To submit comments, the

public must send an original and two

copies to Docket Number F–97–PH3A–

FFFFF, located at the RCRA Docket. The

mailing address is: RCRA Information

Center, U.S. Environmental Protection

Agency (5305W), 401 M. Street, SW,

Washington, DC 20460. RCRA

Information Center is located at 1235

Jefferson Davis Highway, First Floor,

Arlington, Virginia. The RCRA

Information Center is open for public

inspection and copying of supporting

information for RCRA rules from 9:00

a.m. to 4:00 p.m. Monday through

Friday, except for Federal holidays. The

public must make an appointment to

review docket materials by calling (703)

603–9230. The public may copy a

maximum of 100 pages from any

regulatory document at no cost.

Additional copies cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For

general information or to order paper

copies of this Federal Register

document, call the RCRA Hotline.

Callers within the Washington,

Metropolitan Area must dial 703–412–

9810 or TDD 703–412–3323 (hearing

impaired). Long-distance callers may

call 1–800–424–9346 or TDD 1–800–

553–7672. The RCRA Hotline is open

Monday-Friday, 9:00 a.m. to 6:00 p.m.,

Eastern Standard Time. For information

on this notice, contact Mary

Cunningham at (703) 308–8453, John

Austin at (703) 308–0436 or Rhonda

Craig at (703) 308–8771, Office of Solid

Waste, 401 M Street, SW, Washington,

DC 20460.

List of Subjects in 40 CFR Part 268

Environmental protection, Hazardous

waste, Reporting and recordkeeping

requirements.

Dated: April 3, 1997.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 97–9093 Filed 4–7–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 970318057–7057–01; I.D.

022097C]

RIN 0648–AJ42

Fisheries of the Northeastern United

States; Fishery Management Plan for

the Summer Flounder, Scup, and Black

Sea Bass Fisheries; Recreational

Measures for the 1997 Summer

Flounder Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule, request for

comments.

SUMMARY: NMFS issues this proposed

rule to amend the regulations

implementing the Fishery Management

Plan for the Summer Flounder, Scup,

and Black Sea Bass Fisheries (FMP).

This rule proposes a possession limit of

10 fish per person and a minimum fish

size of 14.5 inches (36.8 cm) for the

1997 summer flounder recreational

fishery. The intent of this rule is to

comply with implementing regulations

for the fishery that require NMFS to

publish measures for the current fishing

year that will prevent overfishing of the

resource.
16754 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules

DATES: Public comments must be

received on or before May 8, 1997.

ADDRESSES: Copies of the

Environmental Assessment prepared for

the 1997 summer flounder

specifications and supporting

documents used by the Monitoring

Committee are available from: Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 S. New Street,

Dover, DE 19901–6790. Comments

should be sent to: Regional

Administrator, NMFS, One Blackburn

Drive, Gloucester, MA 01930. Please

mark the outside of the envelope

‘‘Comments on the Recreational Fishing

Measures for Summer Flounder.’’

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, (508)281–9221.

SUPPLEMENTARY INFORMATION:

The FMP was developed jointly by

the Mid-Atlantic Fishery Management

Council (Council) and the Atlantic

States Marine Fisheries Commission

(Commission), in consultation with the

New England and South Atlantic

Fishery Management Councils.

Implementing regulations for the fishery

are found at 50 CFR part 648.

Section 648.100 outlines the process

for determining annual commercial and

recreational catch quotas and other

restrictions for the summer flounder

fishery. The Summer Flounder

Monitoring Committee (Committee),

made up of representatives from the

Commission, the Council, the New

England Fishery Management Council,

and NMFS, is required to review, on an

annual basis, scientific and other

relevant information and to recommend

a quota and other restrictions necessary

to achieve a fishing mortality rate (F) of

0.53 in 1993 through 1995, 0.41 in 1996,

0.30 in 1997, and 0.23 in 1998 and

thereafter, provided the allowable levels

of fishing in 1996 and 1997 may not

exceed 18.518 million lb (8.4 million

kg), unless such levels have an

associated F of 0.23. This schedule is

mandated by the FMP to prevent

overfishing and to rebuild the summer

flounder resource.

The Committee reviews the following

information annually: (1) Commercial

and recreational catch data; (2) current

estimates of stock mortality; (3) stock

status; (4) recent estimates of

recruitment; (5) virtual population

analysis (a method for analyzing fish

stock abundance); (6) levels of

regulatory noncompliance by fishermen

or individual states; (7) impact on fish

size and net mesh regulations; (8)

impact of gear, other than otter trawls,

on the mortality of summer flounder;

and (9) other relevant information.

Pursuant to § 648.100, after this review,

the Committee recommends to the

Council and Commission management

measures to ensure achievement of the

appropriate fishing mortality rate. The

Council and Commission, in turn, make

a recommendation to the Regional

Administrator.

Final specifications for the 1997

summer flounder fishery were

published on March 7, 1997 (62 FR

10473), including a coastwide

recreational harvest limit of 7,407,532 lb

(3.36 million kg). The recreational

season, possession limit, and minimum

size for 1997 were not established as

part of the final specifications because

recreational catch data for 1996 were

not available for the Committee’s use in

evaluating the effectiveness of the 1996

measures. Shortly after preliminary

1996 data became available, the

Committee met to review those data,

and to recommend measures for the

1997 recreational fishery intended to

achieve the recreational harvest limit.

The Committee recommended an

individual possession limit of six fish

per person and a 15–inch (35.6–cm)

minimum fish size. This

recommendation was based on

projected 1996 recreational landings of

11.55 million lb (5.2 million kg). That

level is 4.14 million lb (1.9 million kg),

or 36.2 percent, over the 1996

recreational harvest limit of 7.41 million

lb (3.4 million kg).

While reviewing the Committee’s

recommendations in December 1996,

the Council and Commission were

provided with new information that

indicated projected recreational

landings for 1996 would be less than

previously estimated. The information

presented the Council and Commission

indicates that projected recreational

landings in 1996 would be 10.4 million

lb (4.7 million kg), thus exceeding the

1996 harvest limit by 3 million lb (1.4

million kg), or 29 percent. Based on this

updated information, the Council and

Commission rejected the Committee’s

recommendations. On December 17,

1996, they recommended to the

Regional Administrator a possession

limit of 10 fish and a 14.5–inch (36.8–

cm) minimum fish size for the 1997

recreational summer flounder fishery.

These measures are proposed by this

action.

Assuming that availability of summer

flounder and recreational effort will not

change in 1997 relative to 1996, the

Council and Commission acknowledged

that the recreational fishery required

further constraints to prevent anglers’

exceeding the 1997 harvest limit.

However, noting that recreational

landings in 1995 and 1994 were below

the harvest limit by 12 percent and 29

percent, respectively, the Council and

Commission did not believe that a 29

percent reduction was necessary in

1997.

In making their recommendation for

1997, the Council and Commission

reviewed an analysis of the effects of

various size and possession limits on

1996 summer flounder recreational

landings. Intercept data indicated that

the recreational sector was constrained

by the eight fish possession limit in

1996. Assuming 100 percent compliance

and similar management measures in

1997, those same measures would effect

a 9.9 percent reduction in landings in

1997 versus 1996. An increase to a 15–

inch (38.1–cm) fish size with the eight

fish possession limit would result in a

35.4 percent reduction. Increasing the

possession limit to 10 fish, would result

in a 9.7 percent reduction for a 14–inch

(35.6–cm) fish size, and a 35.3 percent

reduction for a 15–inch (38.1–cm) fish

size.

The Council and Commission noted

the variability of the data, the fact that

participants were constrained by the

possession limit in 1996, and that an

increase in possession limit for the same

fish size would have had a negligible

effect on landings (a reduction of about

0.1 percent). The Council and

Commission felt the 35 percent

reductions associated with the 15–inch

(38.1 cm) fish size were too severe, and

the 9 percent reductions associated with

the 14–inch (35.6–cm) fish size were not

adequate. Therefore, they recommended

a 14.5–inch (36.8–cm) fish size and a 10

fish possession limit. The

recommendation effectively splits the

reductions associated with the two fish

sizes, and would result in

approximately a 22.5 percent reduction

in recreational landings in 1997.

Although the proposed possession limit

represents an increase in 1997 versus

1996, from 8 to 10 fish, the data indicate

that participants would not have been

any more constrained by a 10 fish

possession limit, versus an eight fish

limit, as shown above.

The necessary reductions in landings

would be reached by the increased fish

size. The increase in possession limit is

proposed to offset any potential

decreases in participation that may

occur because of the increase in the

minimum size limit. Based on 1995

angler intercept data, summer flounder

was the primary species sought in an

estimated 5.9 percent of the reported

trips in the North Atlantic region, and

27.3 percent in the Mid-Atlantic region.

Left-eyed flounders, of which summer

flounder is one of several species, were
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules 16755

the primary species sought in an

estimated 2.4 percent of the reported

trips in the South Atlantic region, which

includes North Carolina. These data

include trips by all modes including

party/charter and private/rental vessels,

as well as fishing from shore and manmade structures (e.g., piers). These data,

however, cannot predict the extent to

which participation would be affected

by the proposed measures. Thus, the

reductions are dependent upon the

assumption that participation (effort), as

well as summer flounder availability,

will not change in 1997.

The Council and Commission believe

that this combination of limits, the

14.5–inch (36.8–cm) minimum fish size,

which is an increase from the limit in

place in 1996, and the 10 fish

possession limit, will constrain anglers

to the 7,407,532 lb (3.36 million kg)

harvest limit in 1997.

Classification

This 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,

such as the charter boats and head boats

that serve the recreational fishery, as

follows:

The 1997 coastwide recreational harvest

limit is unchanged from 1996. The

combination of management measures

(minimum fish size and possession limit) is

proposed to be revised to allow recreational

anglers to harvest summer flounder at a level

consistent with the 1997 coastwide

recreational harvest limit. Revisions are

proposed because projections indicate that

1996 recreational landings exceeded the

harvest limit by 29 percent. Assuming that

the availability of summer flounder and

recreational effort do not change in 1997

relative to 1996, further constraints would be

required to prevent anglers from exceeding

the 1997 harvest limit. Noting the variability

in recreational landings (1995 and 1994 were

below the harvest limit by 12 percent and 29

percent, respectively), however, the Council

and Commission do not believe that a 29–

percent reduction in the 1997 harvest limit

is necessary. Data indicate that, if the same

measures were in place for 1997 as were in

place for 1996, a 9.9–percent reduction in

landings would be realized, assuming 100–

percent compliance.

An increase to a 15–inch (38.1–cm) fish

size, with the same possession limit, would

result in a 35.4–percent reduction. An

increase in the possession limit to 10 fish,

with a 14–inch (35.6–cm) minimum fish size,

would result in a 9.7–percent reduction in

landings and, with a 15–inch (38.1–cm)

minimum fish size, would result in a 35.3–

percent reduction in landings. The Council

and Commission further noted the variability

of the data, the fact that participants were

constrained by the possession limit in 1996,

and that an increase in possession limit for

the same fish size would have had a

negligible effect on landings (a reduction of

about 0.1 percent). They felt the 35–percent

reductions associated with the 15–inch

(38.1–cm) fish size were too severe, and the

9– percent reductions associated with the

14–inch (35.6–cm) fish size were not

adequate. They recommended a 14.5–inch

(36.8–cm) minimum fish size and a 10 fish

possession limit. The recommendation

effectively splits the reductions associated

with the two fish sizes, and would result in

approximately a 22.5–percent reduction in

1997 recreational landings over the 1996

landings. The intent of this reduction is to

bring landings in line with the 1997 harvest

limit, which, as noted above, is unchanged

from 1996. Although the proposed

possession limit represents an increase in

1997 versus 1996, from 8 to 10 fish, the data

indicate that participants would not have

been any more constrained by a 10–fish

possession limit, versus an 8–fish limit.

Thus, the necessary reductions in landings

would be reached by the increased fish size.

The increase in possession limit is proposed

to offset any potential decrease in

participation that may harm the charter/party

boat and rental sectors of the industry.

There are an estimated 442 vessels

permitted to fish as charter/party vessels in

the summer flounder fishery in the EEZ, all

of which would readily qualify as small

entities (having annual receipts of less than

$2 million). Based on 1995 angler intercept

data, summer flounder were the primary

species sought in 5.9 percent of the reported

trips in the North Atlantic region and 27.3

percent in the Mid-Atlantic region. Left-eyed

flounders, of which summer flounder is one

of several species, were the primary species

sought in an estimated 2.4 percent of the

reported trips in the South Atlantic region,

which includes North Carolina. These data

include trips by all modes, including party/

charter and private/rental vessels, as well as

fishing from shore and man-made structures

(e.g., piers). These data, however, cannot

predict the extent to which participation

would be affected by the proposed measures.

Thus, the reductions are dependent upon the

assumption that participation (effort), as well

as summer flounder availability, will not

change in 1997.

It is not known by how much the increase

in minimum fish size will affect compliance

costs. That is, the available data do not

indicate how often the total amount retained

would be less on a trip with a 14.5–inch

(36.8–cm) minimum size compared to a 14–

inch (35.6–cm) minimum size. In 1995,

approximately 26 percent of the summer

flounder landed were 14 inches (35.6 cm)—

denoting a range of between 14.0 (35.6 cm)

and 14.9 inches (37.8 cm). The data are

available as whole-inch increments, requiring

extrapolation to determine impacts of halfinch changes. Since the increase in

possession limit is expected to mitigate a

potential discouragement of participation, it

is expected that no vessels will cease

operations for lack of participation because of

this action. Likewise, since, on average,

approximately 12 percent of the reported

trips declare summer flounder as the primary

species sought coastwide, ex-vessel revenues

are not expected to increase or decrease by

5 percent or more for 20 percent or more of

these participants in the recreational fishery.

This presumption is supported by the fact

that the 1997 coastwide recreational harvest

limit is unchanged from the 1996 limit. That

harvest limit is part of the total annual

specifications package for the summer

flounder fishery and was already certified to

have no significant impact on a substantial

number of small entities. As a result, an

initial regulatory flexibility analysis was not

prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: April 2, 1997.

Rolland A. Schmitten,

Assistant Admiistrator for Fisheries, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648 is proposed

to be amended as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.103, paragraph (b) is

revised to read as follows:

§ 648.103 Minimum fish sizes.

* * * * *

(b) The minimum size for summer

flounder is 14.5 inches (36.8 cm) TL for

all vessels that do not qualify for a

moratorium permit, or for party and

charter boats holding moratorium

permits, but fishing with passengers for

hire or carrying more than three crew

members, if a charter boat, or more than

five crew members, if a party boat.

* * * * *

3. In § 648.105, the first sentence of

paragraph (a) is revised to read as

follows:

§ 648.105 Possession restrictions.

(a) No person shall possess more than

10 summer flounder in, or harvested

from, the EEZ unless that person is the

owner or operator of a fishing vessel

issued a summer flounder moratorium

permit or is issued a summer flounder

dealer permit. * * *

* * * * *

[FR Doc. 97–8859 Filed 4–7–97; 8:45 am]

BILLING CODE 3510–22–F