Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules 21491

and is therefore not subject to OMB

review.

List of Subjects in 40 CFR Part 82

Environmental protection, Air

pollution control.

Dated: April 24, 1995.

Carol M. Browner,

Administrator.

40 CFR part 82 is amended as follows:

PART 82—PROTECTION OF

STRATOSPHERIC OZONE

1. The authority citation of part 82

continues to read as follows:

Authority: 42 U.S.C. 7414, 7601, 7671–

7671q.

2. Section 82.174 is amended by

adding paragraph (e) to read as follows:

§ 82.174 Prohibitions.

* * * * *

(e) Rules Stayed for Reconsideration.

Notwithstanding any other provision of

this subpart, the effectiveness of subpart

G is stayed from May 2, 1995 to until

the effective date of USEPA’s final

action following reconsideration of the

SNAP rule only as applied to use of

substitutes for export.

[FR Doc. 95–10624 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5200–3]

National Priorities List for Uncontrolled

Hazardous Waste Sites

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; withdrawal.

SUMMARY: The Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(‘‘CERCLA’’ or ‘‘the Act’’), as amended,

requires that the National Oil and

Hazardous Substances Pollution

Contingency Plan (‘‘NCP’’) include a list

of national priorities among the known

releases or threatened releases of

hazardous substances, pollutants, or

contaminants throughout the United

States. The National Priorities List

(‘‘NPL’’) which is appendix B to 40 CFR

part 300 constitutes this list.

In this document, the Environmental

Protection Agency (EPA) is withdrawing

its proposal to list the Texas Eastern

Kosciusko Compressor Station site on

the NPL. Because of the unique

circumstances surrounding this site,

NPL listing has been deemed

unnecessary. The rationale supporting

this action are explained further in the

Supplementary Information section

below.

DATES: This withdrawal is effective May

2, 1995.

FOR FURTHER INFORMATION CONTACT: June

Wiaz, Hazardous Site Evaluation

Division, (703) 603–8864, Office of

Emergency and Remedial Response

(5204G), U.S. Environmental Protection

Agency, 401 M Street, SW., Washington,

DC, 20460, or the Superfund Hotline,

phone (800) 424–9346, or (703) 412–

9810 in the Washington DC,

metropolitan area.

SUPPLEMENTARY INFORMATION: In this

document, EPA is withdrawing its

proposal to list Texas Eastern’s

Kosciusko, Mississippi, Compressor

Station Site on the National Priorities

List (NPL). EPA proposed to add the

Kosciusko site to the NPL on August 23,

1994 (59 FR 43314).

Texas Eastern’s comments on the

proposal and other information

submitted to the Agency have led EPA

to withdraw it. EPA’s reasons for

withdrawal are multi-faceted. First, this

is a site unique among those on the NPL

or proposed for NPL listing. The

Kosciusko site is just one of 89 along the

company’s pipeline (which extends

from the Gulf of Mexico to New York).

Second, Texas Eastern currently is

addressing all of the affected sites under

a federally enforceable Consent Decree

negotiated with the United States

pursuant to the Toxic Substances

Control Act (TSCA). Texas Eastern is

expected to spend approximately $750

million over the next 10 years

complying with the Consent Decree.

Under the Consent Decree, dated June

1988 and amended March 1995, there is

an agreed-upon schedule of

characterization for the 89 sites. Texas

Eastern maintains that it was their

expectation, when they entered into the

consent agreement, that it would shield

them from inclusion on the NPL and

action under CERCLA. The Agency

accepts that Texas Eastern has acted in

good faith to carry out the provisions of

that agreement.

Texas Eastern has nominated the

Kosciusko site as one of 10 of its

pipeline sites scheduled for remediation

in 1996. This represents an accelerated

schedule for the Kosciusko site which

will be fully characterized during 1995.

EPA and Texas Eastern have negotiated

modifications to the Consent Decree

requiring that the company address all

significant off-site contamination

attributable to the Kosciusko

Compressor Station. Texas Eastern’s

efforts at characterizing the site include

a five-year fish study. The study which

has been going on for more than two

years, will help determine the nature

and extent of the PCB contamination.

This characterization of downstream

effects will be useful in remedy

selection.

Allowing the Consent Decree process

to govern cleanup of the Kosciusko site

stems from a desire to avoid a

fragmented approach to Texas Eastern’s

89 sites. The alternative—trying to

address all sites under various Federal

statutes with different requirements and

cleanup levels—would result in

inconsistent cleanups and a much

slower process. In negotiating the

Consent Decree, the United States and

Texas Eastern sought to develop an

orderly process by which response work

would proceed. Listing the site on the

NPL arguably violates this process.

For these reasons EPA, at this time,

elects to withdraw its proposal to list

the Kosciusko compressor station site

on the NPL. However, should

conditions change (i.e. insufficient

progress toward cleanup) such that

placing the site on the NPL would effect

a more thorough and timely cleanup,

EPA reserves the right to re-propose the

site.

List of Subjects in 40 CFR Part 300

Air pollution control, Chemicals,

Environmental protection, Hazardous

materials, Hazardous substances,

Incorporation by reference,

Intergovernmental relations, Natural

resources, Occupational safety and

health, Oil pollution, Reporting and

recordkeeping requirements, Superfund,

Waste treatment and disposal, Water

pollution control, Water supply.

Dated: April 24, 1995.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

[FR Doc. 95–10751 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[Docket No. 950421111–5111–01; I.D.

022895B]

Summer Flounder Fishery; Dealer

Reporting Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.
21492 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules

SUMMARY: NMFS proposes to amend the

regulations implementing the Fishery

Management Plan for the Summer

Flounder Fishery (FMP), to reduce

reporting requirements for federally

permitted dealers, to make it easier for

them to comply with remaining

reporting requirements, and to improve

monitoring of the commercial summer

flounder quota.

DATES: Comments must be received on

or before June 1, 1995.

ADDRESSES: Comments on the proposed

rule or on the proposed Interactive

Voice Response system should be sent

to Jon Rittgers, Acting Regional Director,

National Marine Fisheries Service,

Northeast Regional Office, 1 Blackburn

Drive, Gloucester, MA 01930. Mark the

outside of the envelope ‘‘Comments on

Summer Flounder, Dealer Reporting.’’

Comments on the proposed Interactive

Voice Response system should also be

sent to the Office of Information and

Regulatory Affairs, Attention: NOAA

Desk Officer, Office of Management and

Budget, Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT:

Hannah Goodale, 508–281–9101, or

Regina Spallone, 508–281–9221.

SUPPLEMENTARY INFORMATION: The FMP

was developed jointly by the Atlantic

States Marine Fisheries Commission

and the Mid-Atlantic Fishery

Management Council in consultation

with the New England and South

Atlantic Fishery Management Councils.

The management unit for the FMP is

summer flounder (Paralichthys

dentatus) in U.S. waters of the Atlantic

Ocean from the southern border of

North Carolina northward to the U.S.-

Canadian border. Implementing

regulations for the FMP are found at 50

CFR part 625.

The summer flounder fishery is

managed under a quota system. The

quota is divided among the coastal

states based upon set percentages.

Landings must be monitored weekly in

order to determine when a state’s quota

has been reached.

Since 1993, federally permitted

summer flounder dealers have been

required to report weekly all fish

purchases. While several of the species

of fish purchased by these dealers are

under quota management systems

(summer flounder, squid, mackerel,

butterfish), only the summer flounder

quota requires weekly monitoring at this

time. The quotas for the remaining

species purchased by these dealers can

be adequately monitored through

monthly reports. NMFS believes that

reporting purchases of all species on a

weekly basis is unnecessary and

burdensome. Therefore, NMFS proposes

to revise the weekly reporting

requirement to make it pertain to

summer flounder purchases only. The

comprehensive reporting of all fish

purchases would be required monthly

rather than weekly. This proposed

change would reduce the burden

associated with the reporting

requirement, and, as a secondary

benefit, would allow more accurate

price information to be collected, since

such information is often unavailable to

dealers on a weekly basis.

NMFS further proposes to require that

the weekly summer flounder purchase

report be made via an Interactive Voice

Response (IVR) system, rather than by a

written report. Dealers would be

provided with a toll-free number to call

to report weekly purchases of summer

flounder using either a touch-tone

system or voice mail. An IVR system

would make it easier for dealers to

comply with the weekly reporting

requirement and would be a more

efficient method of collecting the data

required for weekly monitoring of the

commercial summer flounder quota.

NMFS proposes to require dealers to

report the following information weekly

through the IVR system: Dealer permit

number, pounds of summer flounder

purchased, week in which summer

flounder was purchased, and state(s) of

landing for summer flounder purchased.

If no summer flounder were purchased

during the week, the dealer would be

required to make a report so stating

through the IVR system. This proposed

requirement is less burdensome than the

current weekly report. It confines the

requirement to summer flounder, and,

rather than requiring the purchases to be

reported by vessel, it allows dealers to

report their weekly summer flounder

purchases by state.

Dealers would continue to report the

following information monthly on forms

supplied by or approved by the Director,

Northeast Region, NMFS (Regional

Director): Dealer name and mailing

address; dealer number; name and

permit number, or name and hull

number (U.S. Coast Guard

Documentation Number or state

registration number, as appropriate) of

vessels from which fish are landed or

received; dates of purchases; pounds by

species (by market category if

applicable); price by species (by market

category if applicable) or total value by

species (by market category if

applicable); port landed; signature of

dealer or other authorized individual;

and any other information deemed

necessary by the Regional Director. If no

fish were purchased during the month,

the dealer would be required to make a

report so stating on the required form.

Dealers would still have the option of

submitting the required information

electronically if authorized in writing by

the Regional Director.

NMFS also proposes to modify three

requirements pertaining to federally

permitted dealers. Dealers are currently

required to report the Federal permit

number of the vessels from which fish

are purchased. However, many of the

species purchased by dealers are not

subject to Federal management and are

caught by vessels that hold no Federal

permits. This requirement would be

modified to indicate that dealers must

report either the Federal permit number

or the hull number (U.S. Coast Guard

Documentation Number or state

registration number, as appropriate) of

the vessels from which fish are

purchased.

The existing monthly dealer report

form specifies market categories for

many species. NMFS proposes to

modify the regulations to clarify that

dealers must report species purchased

by market category, when applicable.

Dealers are currently required to

report price per pound for species

purchased. Many dealers have said that

it is easier to report the total value of a

species purchase rather than the price

per pound. NMFS proposes to amend

the regulations to make either manner of

reporting acceptable.

NMFS also proposes to add a

paragraph to the regulations concerning

the collection of biological data (fish

lengths) and samples (scales and/or

otoliths for ageing), which are necessary

to characterize the composition of

landed catch. While most dealers have

historically allowed access to their

premises for the collection of these data,

NMFS proposes to revise the regulations

to make it explicit that federally

permitted dealers must allow such

access.

In addition, to protect against the

unauthorized submission of reports,

NMFS proposes to require that all

monthly report forms be signed by the

dealer or other authorized individual.

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

This rule is subject to the Paperwork

Reduction Act and clarifies or modifies

requirements previously approved

under OMB Control #0648–0229 (2

minutes per response). The requirement

to use an Interactive Voice Response

system for weekly reporting has been

submitted to OMB for approval. This

requirement and the other modifications

to existing reporting requirements are

expected to slightly reduce or not affect
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules 21493

the burden on respondents. The rule

also restates a requirement for

mandatory reporting of employment

data in the Annual Processed Products

Report. This requirement is estimated to

take 2 minutes per response and has

been approved by OMB under control

number 0648–0018. Any comments on

the proposed Interactive Voice Response

system should be sent to the address

specified in ADDRESSES.

List of Subjects in 50 CFR Part 625

Fisheries, Reporting and

recordkeeping requirements.

Dated: April 26, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 625 is proposed

to be amended as follows:

PART 625—SUMMER FLOUNDER

FISHERY

1. The authority citation for part 625

continues to read as follows:

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

2. In § 625.2, the definition for

‘‘reporting month’’ is added, in

alphabetical order, to read as follows:

§ 625.2 Definitions.

* * * * *

Reporting month means the calendar

month.

* * * * *

3. Section 625.6 is amended by

redesignating paragraphs (a)(2) through

(a)(6) as paragraphs (a)(3) through (a)(7);

by revising paragraph (a)(1), and newly

redesignated paragraphs (a)(3), (a)(6),

and (a)(7); and by adding new

paragraphs (a)(2) and (a)(8) to read as

follows:

§ 625.6 Recordkeeping and reporting

requirements.

(a) Dealers—(1) Weekly report.

Dealers must submit the following

information, and any other information

required by the Regional Director, on a

weekly basis to the Regional Director, or

an official designee, via an Interactive

Voice Response (IVR) system

established by the Regional Director:

Dealer number, pounds of summer

flounder purchased, week in which

summer flounder was purchased, and

state(s) of landing for summer flounder

purchased. Even if no summer flounder

are purchased during the week, a report

so stating must be submitted through

the IVR system.

(2) Monthly reports. Dealers must

send by mail to the Regional Director, or

an official designee, on a monthly basis

on forms supplied by or approved by

the Regional Director, a report of all fish

purchases. If authorized in writing by

the Regional Director, dealers may

submit reports electronically or through

other media. The following information,

and any other information required by

the Regional Director, must be provided

in the report: Name and mailing address

of dealer; dealer number; name and

permit number, or name and hull

number (U.S. Coast Guard

Documentation Number or state

registration number, as appropriate) of

the vessels from which fish were landed

or received; dates of purchases; pounds

by species (by market category if

applicable); price by species (by market

category if applicable) or value by

species (by market category if

applicable); and port landed. Even if no

fish were purchased during the month,

a report so stating must be submitted on

the required form. All monthly report

forms must be signed by the dealer or

the dealer’s authorized representative.

(3) Annual report. All persons

required to submit reports under

paragraph (a)(1) of this section are

required to complete the ‘‘Employment

Data’’ section of the Annual Processed

Products Reports; completion of other

sections on that form is voluntary.

Required data are the number of

employees handling fishery products by

month. Reports for a given calendar year

must be submitted to: NMFS Statistics,

One Blackburn Drive, Gloucester, MA

01930–2298, and must be postmarked

by February 10th of the following year.

* * * * *

(6) Submitting reports. Weekly reports

must be made by noon each Tuesday for

the previous reporting week. Monthly

reports must be made within 10 days

after the end of each reporting month.

If monthly reports are mailed, such

reports will be considered made in a

timely manner if postmarked within 10

days after the end of the reporting

month. Dealers will be sent, shortly after

receipt of a dealer permit, forms and

instructions, including a chart

identifying reporting weeks, the

telephone number and instructions for

the IVR system for submission of weekly

reports, and the address to which to

submit monthly reports. If no fish are

purchased during a required reporting

period, a report so stating must be

submitted.

(7) At-sea activities. All federally

permitted summer flounder dealers

purchasing, receiving, or processing any

fish at sea for landing at any port of the

United States must submit information

identical to that required by paragraphs

(a)(1), (2) and (3) of this section and

provide those reports to the Regional

Director or designee on the same

frequency basis.

(8) Additional data and sampling.

Dealers are required to allow access to

their premises and to make available to

an official designee of the Regional

Director any fish purchased from vessels

for the collection of biological data.

Such data include, but are not limited

to, length measurements of fish and the

collection of age structures such as

otoliths or scales.

* * * * *

[FR Doc. 95–10739 Filed 5–1–95; 8:45 am]

BILLING CODE 3510–22–F

National Oceanic and Atmospheric

Administration

50 CFR Part 640

[Docket No. 950424112–5112–01; I.D.

032095B]

RIN 0648–AF37

Spiny Lobster Fishery of the Gulf of

Mexico and South Atlantic;

Amendment 4

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule.

SUMMARY: NMFS issues this proposed

rule to implement Amendment 4 to the

Fishery Management Plan for the Spiny

Lobster Fishery of the Gulf of Mexico

and South Atlantic (FMP). Amendment

4 would allow the harvest of spiny

lobster year-round and establish a daily

bag or possession limit of two spiny

lobster per person in the exclusive

economic zone (EEZ) off the southern

Atlantic states, other than Florida (i.e.,

EEZ off North Carolina, South Carolina,

and Georgia).

DATES: Written comments must be

received on or before June 12, 1995.

ADDRESSES: Comments on the proposed

rule must be sent to the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702.

Requests for copies of Amendment 4,

which includes a regulatory impact

review and an environmental

assessment, and the FMP, should be

sent to the Gulf of Mexico Fishery

Management Council, 5401 W. Kennedy

Boulevard, Suite 331, Tampa, FL

33609–2486, FAX 813–225–7015, or to

the South Atlantic Fishery Management

Council, Southpark Building, One

Southpark Circle, Suite 306, Charleston,

SC 29407–4699, FAX 803–769–4520.