        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 300
        [FRL-7004-4]
        National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List

          AGENCY:
          Environmental Protection Agency.

          ACTION:
          Notice of intent to delete the Arcanum Iron & Metal Superfund Site from the National Priorities List.

          SUMMARY:

          The Environmental Protection Agency (EPA) Region V is issuing a notice of intent to delete the Arcanum Iron & Metal Superfund Site (AIM Site) located in Arcanum, Twin Township, Drake County, Ohio from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at appendix B of 40 CFR part 300 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Ohio, through the Ohio Environmental Protection Agency, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the “Rules and Regulations” section of today's Federal Register, we are publishing a direct final notice of deletion of the Arcanum Iron & Metal Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.

          DATES:
          Comments concerning this Site must be received by August 1, 2001.

          ADDRESSES:
          Written comments should be addressed to: Denise Battaglia, Community Involvement Coordinator, U.S. EPA (P-19J), 77 W. Jackson, Chicago, IL 60604 or fax number at, (312) 353-1155.

          FOR FURTHER INFORMATION CONTACT:
          Kenneth Glatz, Remedial Project Manager at (312) 886-1434 or Gladys Beard, State NPL Deletion Process Manager at (312) 886-7253 or 1-800-621-8431, Superfund Division, U.S. EPA (SR-6J), 77 W. Jackson, IL 60604.

        SUPPLEMENTARY INFORMATION:

        For additional information, see the Direct Final Notice of Deletion which is located in the Rules section of this Federal Register.
        Information Repositories
        Repositories have been established to provide detailed information concerning this decision at the following address: U.S. EPA Region V Library, 77 W. Jackson, Chicago, IL 60604, (312) 353-5821, Monday through Friday 8 a.m. to 4 p.m.; Arcanum Public Library, 101 North Street, Arcanum, OH, 55802, (937) 692-8484, Monday to Thursday 9 p.m. to 8 a.m. and Friday and Saturday 9 a.m. to 5 p. m. ; Ohio Environmental Protection Agency, 122 S. Front Street, Lazarus Government Building, Columbus, OH 43215, (614) 644-3020, Monday through Friday 8 a.m. to 5 p.m.

          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.

          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.

          Dated: June 20, 2001.
          David A. Ullrich,
          Acting Regional Administrator, Region V.

      [FR Doc. 01-16288 Filed 6-29-01; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 635
        [I.D. 010903D]
        Atlantic Highly Migratory Species (HMS); Atlantic Shark Management Measures

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of public hearings.

          SUMMARY:

          NMFS will hold six public hearings to receive comments from fishery participants and other members of the public regarding proposed shark regulations and draft Amendment 1 to the Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks (Amendment 1).  The proposed rule for Amendment 1, published in the Federal Register on August 1, 2003, and would change among other things, the rebuilding timeframe for LCS, the commercial regulations, the recreational regulations, and implement a number of measures to reduce bycatch.  Additionally, Amendment 1 also proposes updates to essential fish habitat (EFH) identifications for sandbar, blacktip, finetooth, dusky, and nurse sharks.

          DATES:

          The public hearings will be held in August and September 2003.  For specific dates and times, see SUPPLEMENTARY INFORMATION.  Comments on the proposed rule and Amendment 1 must be received no later than 5 p.m., on September 30, 2003.

          ADDRESSES:

          The public hearings will be held in New Orleans, LA; Madeira Beach, FL; Montauk, NY; Pawleys Island, SC; Manteo, NC; and Atlantic Beach, FL.  For specific locations, see SUPPLEMENTARY INFORMATION.  Written comments on this action should be mailed to Christopher Rogers, Chief, NMFS Highly Migratory Species Management Division, 1315 East-West Highway, Silver Spring, MD 20910; or faxed to (301) 713-1917. Comments will not be accepted if submitted via e-mail or Internet.  Copies of draft Amendment 1 can be obtained from the HMS website at: http://www.nmfs.noaa.gov/sfa/hmspg.html, or by contacting Karyl Brewster-Geisz, Heather Stirratt, or Chris Rilling at (301) 713-2347 or Greg Fairclough at (727) 570-5741.

          FOR FURTHER INFORMATION CONTACT:
          Karyl Brewster-Geisz, Heather Stirratt, or Chris Rilling at (301) 713-2347 or Greg Fairclough at (727) 570-5741.

        SUPPLEMENTARY INFORMATION:
        The Atlantic shark fisheries are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act. The Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks, finalized in 1999, is implemented by regulations at 50 CFR part 635.  Complete descriptions of the measures, as well as the purpose and need for the proposed actions, are contained in the proposed rule (August 1, 2003, 68 FR 45196 and Amendment 1) and are not repeated here.
        The public is reminded that NMFS expects participants at the public hearings to conduct themselves appropriately.  At the beginning of each public hearing, a NMFS representative will explain the ground rules (e.g., alcohol is prohibited from the hearing room; attendees will be called to give their comments in the order in which they registered to speak; each attendee will have an equal amount of time to speak; and attendees should not interrupt one another).  The NMFS representative will attempt to structure the hearing so that all attending members of the public will be able to comment, if they so choose, regardless of the controversial nature of the subject(s).  Attendees are expected to respect the ground rules, and, if they do not, they will be asked to leave the hearing.
        Schedule of Public Hearings
        The dates, times, and locations of the meetings are scheduled as follows:
        1. Tuesday, August 26, 2003 - New Orleans, LA, 7-9 p.m.
        New Orleans Airport Hilton Hotel, 901 Airline Drive, Kenner, Louisiana
        2. Thursday, September 4, 2003 - Madeira Beach, FL, 7-9 p.m.
        City of Madeira Beach, 300 Municipal Dr., Madeira Beach, FL 33708
        3. Monday, September 8, 2003 - Montauk, NY, 7-9 p.m.
        Montauk Fire House, 12 Flamingo Avenue, Montauk, NY 11954
        4. Wednesday, September 17, 2003 - Pawleys Island, SC, 7-9 p.m.
        Waccamaw Neck Branch Library, 24 Commerce Dr., Pawleys Island, SC 29585
        5. Monday, September 22, 2003 - Manteo, NC, 7-9 p.m.
        North Carolina Aquarium, Roanoke Island, Airport Road, Manteo, NC 27954
        6. Thursday, September 25, 2003 - Atlantic Beach, FL, 7-9 p.m.
        City of Atlantic Beach, Atlantic Beach City Chambers, 800 Seminole Rd., Atlantic Beach, FL 32233
        Special Accommodations
        These meetings are physically accessible to people with disabilities.  Requests for sign language interpretation or other auxiliary aids should be directed to Heather Stirratt, (301) 713-2347, at least 7 days prior to the hearing in question.

          Dated:   August 7, 2003.
          Richard W. Surdi,
          Acting Director, Office of Sustainable FIsheries, National Marine Fisheries Service.

      [FR Doc. 03-20516 Filed 8-11-03; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 654
        [I.D. 031402C]
        RIN  0648-AN10
        Stone Crab Fishery of the Gulf of Mexico; Amendment 7

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of availability of Amendment 7 to the Fishery Management Plan for the Stone Crab Fishery for the Gulf of Mexico; request for comments.

          SUMMARY:
          NMFS announces that the Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 7 to the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS.  Amendment 7 would establish a Federal trap limitation program for the commercial stone crab fishery in the exclusive economic zone (EEZ) off Florida's west coast, including the area off Monroe County, FL (i.e., the management area) that would complement the stone crab trap limitation program implemented by the Florida Fish and Wildlife Conservation Commission (FFWCC).  In addition, Amendment 7 would revise the Protocol and Procedure for an Enhanced Cooperative Management System (Protocol) consistent with Florida's constitutional revisions that transferred authority for implementation of fishery-related rules from the Governor and Cabinet to the FFWCC.  The intended effects are to establish a Federal program that would complement and enhance the effectiveness of the FFWCC's trap limitation program and, thereby, help to reduce overcapitalization in the stone crab fishery.

          DATES:
          Written comments must be received on or before June 17, 2002.

          ADDRESSES:
          Written comments must be sent to Mark Godcharles, Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL  33702.  Comments also may be sent via fax to 727-570-5583.  Comments will not be accepted if submitted via e-mail or Internet.
          Requests for copies of Amendment 7, which includes a regulatory impact review and an environmental assessment should be sent to the Gulf of Mexico Fishery Management Council, 3018 U.S. Highway 301 North, Suite 1000, Tampa, Florida  33619-2266; phone:  813-228-2815; fax:  813-225-7015; e-mail:  gulfcouncil@gulfcouncil.org.

          FOR FURTHER INFORMATION CONTACT:
          Mark Godcharles 727-570-5305, fax 727-570-5583, e-mail Mark.Godcharles@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each Regional Fishery Management Council to submit any fishery management plan or amendment to NMFS for review and approval, disapproval, or partial approval.  The Magnuson-Stevens Act also requires that NMFS, upon receiving an amendment, immediately publish a document in the Federal Register stating that the amendment is available for public review and comment.
        Fishery information available since the early 1980′s  indicates that the stone crab fishery, in terms of area fished, and numbers of participants and traps, has expanded to a level where the fishery has more participants and traps than necessary to harvest optimum yield.  This excessive growth has reduced efficiency in the fishery and failed to increase annual harvest since the early 1990′s.  Since moratoriums were first implemented (60 FR 13918, March 15, 1995; 63 FR 44595, August 20, 1998), neither Florida nor NMFS has issued new permits for this fishery.  On June 26, 2000, Florida adopted its trap certificate program which is designed to reduce the number of traps in the stone crab fishery to an optimal level over about a 30-year period.  The FFWCC expects to implement this program by October 1, 2002.

        Amendment 7 represents a continuation of cooperative State/Federal efforts to constrain overcapitalization in the stone crab fishery.  The state/federal cooperative approach to managing the Florida stone crab fishery was initiated with the development and implementation of the FMP (final rule: 44 FR 53519, September 14, 1979).  The fourth management objective in the FMP specified that regulations be developed with the ideal of  promoting uniform and consistent management of the fishery in state and federal of the Gulf of Mexico waters off west Florida.  In Amendment 7, the Council has proposed the following nine FMP changes to align Federal management of the stone crab fishery with the FFWCC trap reduction program:  (1) Recognize, but not require, Florida’s stone crab licenses and trap tags for vessels operating in the management area; (2) establish a Federal program to issue non-transferable (to other persons) vessel permits, trap certificates, and trap tags for EEZ use only; (3) provide opportunity to apply for the proposed Federal vessel permit to those who could meet the qualifying criteria but could not or chose not to obtain the stone crab vessel license or tags issued by the FFWCC; (4) allow participants up to 90 days following the effective date of the final rule implementing Amendment 7 to apply for Federal permits and tags; (5) determine the number of Federal trap tags to be issued to qualifying persons by dividing his/her highest seasonal landings of stone crab claws during one of three fishing seasons (1995/96, 1996/97, or 1997/1998) by 5 lb (2.27 kg); (6) charge a fee for the issuance of Federal trap tags and vessel permits and their annual renewal; (7) establish a Federal appeals process for those denied a Federal permit; (8) revise the Protocol to reflect revisions to Florida’s Constitution; and, (9) replace FMP management objective 3 with: take regulatory action to increase catch per unit effort (CPUE) and reduce overcapitalization in terms of gear deployed in the fishery.

        In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to implement Amendment 7 to determine whether it is consistent with Amendment 7, the Magnuson-Stevens Act, and other applicable law.  If that determination is affirmative, NMFS will publish it in the Federal Register for public review and comment.
        NMFS will consider comments received by June 17, 2002, whether specifically directed to the amendment or the proposed rule, in its decision to approve, disapprove, or partially approve Amendment 7.  Comments received after that date will not be considered by NMFS in its decision.  All comments received by NMFS on Amendment 7 or the proposed rule during their respective comment periods will be addres sed in the final rule.

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

          Dated: April 12, 2002.
          John H. Dunigan
          Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 02-9520 Filed 4-17-02; 8:45 am]
      BILLING CODE  3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [I.D. 082703B]
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;  Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 13; Amendment 13A

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notification announcing preparation of an environmental assessment (EA).

          SUMMARY:
          NMFS and the South Atlantic Fishery Management Council (South Atlantic Council) intend to prepare a draft EA, in accordance with the National Environmental Policy Act (NEPA), for extension of the prohibition on fishing for and possessing snapper grouper species within the Oculina Experimental Closed Area.

          FOR FURTHER INFORMATION CONTACT:

          Julie Weeder, telephone:   727-570-5305, fax:   727-570-5583, e-mail: Julie.Weeder@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        The proposed action to continue fishing restrictions in the Oculina Experimental Closed Area was originally combined with multiple other actions the South Atlantic Council was evaluating in Amendment 13 to the Snapper-Grouper FMP.  A Notice of Intent (NOI) to prepare a supplemental environmental impact statement (supplemental EIS) to support that amendment was published in the Federal Register on January 31, 2002 (67 FR 4696).
        In March 2003, the South Atlantic Council voted to separate the actions in Amendment 13 into two amendments.  The proposed action to extend the prohibition on fishing for and possessing snapper grouper species within the Oculina Experimental Closed Area is being evaluated in Amendment 13A to the Snapper-Grouper FMP.  Most of the other actions in Amendment 13 are now being evaluated in Amendment 13B, for which a supplemental EIS is being prepared.  The purpose of separating the actions was to ensure that the Council had the information it needed to make a decision on whether to extend the prohibition on fishing for and possessing snapper grouper species within the Oculina Experimental Closed Area before the regulations implementing that prohibition expire as scheduled in June 2004.

        This document is intended to inform the public of the change from preparation of a supplemental EIS for Amendment 13A to preparation of an EA.  The purpose of an EA is to determine whether significant environmental impacts would result from a proposed action.  If the action is determined not to be significant, the EA and resulting Finding of No Significant Impact will be the final environmental documents required by NEPA.  If the EA indicates that significant environmental impacts may be reasonably expected to occur, then the agency will prepare a supplemental EIS and publish an NOI in the Federal Register.  The preliminary environmental review of the proposed action in this amendment indicated that it would not likely have a significant impact on the quality of the human environment. Consequently, the South Atlantic Council and NMFS are jointly preparing an EA to decide whether to prepare a supplemental EIS.

        The Oculina Bank is a 90-mile (145-km) strip of coral reefs and limestone outcroppings located in the exclusive economic zone (EEZ) near the continental shelf edge, approximately 60 nautical miles (nm) off central eastern Florida.  Its name derives from the presence of banks, thickets, and rubble zones of the delicate, slow-growing Oculina varicosa (ivory tree coral).  The massive thickets formed by this coral support dense and diverse invertebrate and finfish communities.
        In recognition of the biological significance of this coral, in 1984 the Council designated a 92-square nm portion of the Oculina Bank as the “Oculina Habitat Area of Particular Concern (Oculina HAPC)”.  This designation categorized it as an area of special biological significance worthy of stricter regulatory and enforcement activity.  The Council prohibited the use of bottom trawls, bottom longlines, dredges, fish traps, and fish pots within the Oculina HAPC to mitigate the threat of fishing gear to Oculina coral.  These actions were implemented through the FMP for Coral and Coral Reefs of the Gulf of Mexico and the South Atlantic, which was prepared jointly by the Gulf of Mexico and South Atlantic Councils.
        In Amendment 6 to the Snapper-Grouper FMP, which was implemented in 1994, the South Atlantic Council prohibited fishing for and retaining snapper grouper species within the Oculina HAPC, and prohibited anchoring by vessels fishing for snapper grouper species.  The area to which these prohibitions applied became known as the Oculina Experimental Closed Area (OECA).  The primary purpose of the OECA is to “enhance stock stability and increase recruitment by providing an area where deep-water species can grow and reproduce without being subjected to fishing mortality”(SAFMC 1993).
        In January of 1996, regulations implementing Amendment 3 to the FMP for Coral, Coral Reefs and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP) became effective.  These regulations prohibited all fishing vessels from anchoring within the Oculina HAPC.  Also in 1996, in Amendment 1 to the FMP for the Shrimp Fishery of the South Atlantic Region, the Council prohibited trawling for rock shrimp east of 80°W. long., between 27°30′ N. and 28°30′ N. lat., in depths less than 100 fathoms (183 m).  These restrictions were adopted to minimize the impacts of the rock shrimp fishery on essential fish habitat including the fragile coral species existing in the Oculina bank.  The area to which the prohibition applied became known as the rock shrimp closed area.

        In 1998, the Council expanded the Oculina HAPC to include the rock shrimp closed area.  This action was accomplished through Amendment 4 to the Coral FMP.  Within the expanded Oculina HAPC, fishing with a bottom longline, bottom trawl, dredge, fish pot, or fish trap is prohibited, as is anchoring by a fishing vessel.  The prohibition on fishing for and possessing snapper grouper species remains in effect only within the smaller OECA, which is scheduled to expire in June 2004 and is the subject of Amendment 13A to the Snapper Grouper FMP.

        The renewal of fishing restrictions in the OECA is intended to provide continued protection of snapper grouper populations and associated Oculina coral.  This action is needed to provide a hedge against the high degree of scientific uncertainty associated with the status of these species and to reduce the possibility that these populations may fall below sustainable levels.

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

          Dated:  September 8, 2003.
          Bruce C. Morehead,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 03-23310 Filed 9-11-03; 8:45 am]
      BILLING CODE 3510-22-S