Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21739

* * * * *

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. In section 185.4350, by revising the

table therein, to read as follows:

§ 185.4350 Myclobutanil.

* * * * *

Commodity Parts per

million

Plums, dried .............................. 8.0

Raisins ...................................... 10.0

[FR Doc. 95–10861 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7616]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATE: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Robert F. Shea, Jr., Division Director,

Program Implementation Division,

Mitigation Directorate, 500 C Street,

SW., Room 417, Washington, DC 20472,

(202) 646–3619.

SUPPLEMENTARY INFORMATION: The NFIP

enables property owners to purchase

flood insurance which is generally not

otherwise available. In return,

communities agree to adopt and

administer local floodplain management

aimed at protecting lives and new

construction from future flooding.

Section 1315 of the National Flood

Insurance Act of 1968, as amended, 42

U.S.C. 4022, prohibits flood insurance

coverage as authorized under the

National Flood Insurance Program, 42

U.S.C. 4001 et seq., unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed in

this document no longer meet that

statutory requirement for compliance

with program regulations, 44 CFR part

59 et seq. Accordingly, the communities

will be suspended on the effective date

in the third column. As of that date,

flood insurance will no longer be

available in the community. However,

some of these communities may adopt

and submit the required documentation

of legally enforceable floodplain

management measures after this rule is

published but prior to the actual

suspension date. These communities

will not be suspended and will continue

their eligibility for the sale of insurance.

A notice withdrawing the suspension of

the communities will be published in

the Federal Register.

In addition, the Federal Emergency

Management Agency has identified the

special flood hazard areas in these

communities by publishing a Flood

Insurance Rate Map (FIRM). The date of

the FIRM, if one has been published, is

indicated in the fourth column of the

table. No direct Federal financial

assistance (except assistance pursuant to

the Robert T. Stafford Disaster Relief

and Emergency Assistance Act not in

connection with a flood) may legally be

provided for construction or acquisition

of buildings in the identified special

flood hazard area of communities not

participating in the NFIP and identified

for more than a year, on the Federal

Emergency Management Agency’s

initial flood insurance map of the

community as having flood-prone areas

(section 202(a) of the Flood Disaster

Protection Act of 1973, 42 U.S.C.

4106(a), as amended). This prohibition

against certain types of Federal

assistance becomes effective for the

communities listed on the date shown

in the last column.

The Deputy Associate Director finds

that notice and public comment under

5 U.S.C. 553(b) are impracticable and

unnecessary because communities listed

in this final rule have been adequately

notified.

Each community receives a 6-month,

90-day, and 30-day notification

addressed to the Chief Executive Officer

that the community will be suspended

unless the required floodplain

management measures are met prior to

the effective suspension date. Since

these notifications have been made, this

final rule may take effect within less

than 30 days.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR part

10, Environmental Considerations. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Deputy Associate Director has

determined that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because the National

Flood Insurance Act of 1968, as

amended, 42 U.S.C. 4022, prohibits

flood insurance coverage unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed no

longer comply with the statutory

requirements, and after the effective

date, flood insurance will no longer be

available in the communities unless

they take remedial action.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Paperwork Reduction Act

This rule does not involve any

collection of information for purposes of

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

October 26, 1987, 3 CFR, 1987 Comp.,

p. 252.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778, October 25, 1991, 56 FR

55195, 3 CFR, 1991 Comp., p. 309.

List of Subjects in 44 CFR Part 64

Flood insurance, Floodplains.

Accordingly, 44 CFR part 64 is

amended as follows:
21740 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

PART 64—[AMENDED]

1. The authority citation for part 64

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 64.6 [Amended]

2. The tables published under the

authority of § 64.6 are amended as

follows:

State/location Community No. Effective date of eligibility Current effective map date

Date certain

federal assistance no

longer available in special Flood

Hazard

Areas

Region I

New Hampshire: Raymond, town

of, Rockingham County.

330140 Oct. 15, 1975, Emerg.; Apr. 15, 1982, Reg.; May

2, 1995, Susp.

May 2, 1995 ...................... May 2, 1995.

Region III

Pennsylvania:

Juniata, township of, Huntingdon County.421692 Feb. 4, 1976, Emerg.; Feb. 17, 1989, Reg.; May

2, 1995, Susp.

.....do ................................. Do.

Upper Chichester, township

of, Delaware County.

420439 Dec. 17, 1971, Emerg.; May 16, 1977, Reg.; May

2, 1995, Susp.

.....do ................................. Do.

West Virginia: Mercer County, unincorporated areas.540124 Dec. 23, 1975, Emerg.; Feb. 1, 1985, Reg.; May

2, 1995, Susp.

.....do ................................. Do.

Region VI

Louisiana: Farmerville, town of,

Union Parish.

220325 May 19, 1978, Emerg.; Mar. 23, 1982, Reg.; May

2, 1995, Susp.

.....do ................................. Do.

Oklahoma:

Bethany, city of, Oklahoma

County.

400254 Jan. 17, 1975, Emerg.; July 31, 1979, Reg.; May

2, 1995, Susp.

.....do ................................. Do.

Purcell, city of, McClain

County.

400104 Nov. 21, 1975, Emerg.; July 2, 1981, Reg.; May

2, 1995, Susp.

.....do ................................. Do.

Region I

Connecticut: Prospect, town of,

New Haven County.

090151 July 1, 1975, Emerg.; Feb. 4, 1977, Reg.; May 16,

1995, Susp..

May 16, 1995 .................... May 16,

1995.

Region II

New York: Hammondsport, village

of, Steuben County.

360775 July 18, 1973, Emerg.; Apr. 17, 1978, Reg.; May

16, 1995, Susp.

.....do ................................. Do.

Region III

Pennsylvania: Huntingdon, borough of, Huntingdon County.420486 Apr. 16, 1973, Emerg.; Sept. 29, 1978, Reg.; May

16, 1995, Susp.

.....do ................................. Do.

Region IV

Georgia: North High Shoals, town

of, Oconee County.

130368 Oct. 28, 1983, Emerg.; Sept. 1, 1986, Reg.; May

16, 1995, Susp.

.....do ................................. Do.

Region V

Indiana: Shoals, town of, Martin

County.

180166 May 27, 1975, Emerg.; Sept. 1, 1986, Reg.; May

16, 1995, Susp.

.....do ................................. Do.

Ohio:

Gilboa, village of, Putnam

County.

390469 June 20, 1979, Emerg.; May 16, 1995, Reg.; May

16, 1995, Susp.

.....do ................................. Do.

Metamora, village of, Fulton

County.

390840 July 21, 1982, Emerg.; May 16, 1995, Reg.; May

16, 1995, Susp.

.....do ................................. Do.

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Rein.—Reinstatement; Susp.—Suspension.
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21741

(Catalog of Federal Domestic Assistance

No. 83.100, ‘‘Flood Insurance.’’)

Issued: April 25, 1995.

Frank H. Thomas,

Deputy Associate Director, Mitigation

Directorate.

[FR Doc. 95–10859 Filed 5–2–95; 8:45 am]

BILLING CODE 6718–12–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217 and 227

[Docket No. 950427119–5119–01; I.D.

042495C]

RIN 0648–AH98

Sea Turtle Conservation; Restrictions

Applicable to Shrimp Trawling

Activities; Additional Turtle Excluder

Device Requirements Within Certain

Statistical Zones

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary additional

restrictions on fishing by shrimp

trawlers in nearshore waters along two

sections of the Texas and Louisiana

coast to protect sea turtles; request for

comments.

SUMMARY: NMFS is temporarily

imposing additional restrictions on

fishing by shrimp trawlers in Gulf of

Mexico offshore waters out to 10

nautical miles (nm)(18.5 km) from the

COLREGS line, along 2 sections of the

Texas and Louisiana coasts, between 27°

N. lat. and 28° N. lat. and between

95°13’ W. long. and 93°20.5’ W. long. for

a 30-day period. This area includes

nearshore waters in shrimp fishery

statistical zones 18 and 20, the western

portion of zone 17 east to Calcasieu

Pass, Louisiana and the extreme

northeastern portion of Zone 19. The

restrictions include prohibition of the

use of soft turtle excluder devices

(TEDs), the use of bottom opening TEDs,

the use of webbing flaps that completely

cover the escape opening of TEDs, and

the use of try nets by shrimp trawlers,

unless the try nets are equipped with

NMFS-approved TEDs other than soft or

bottom-opening TEDs. This action is

necessary to prevent the continuation of

high levels of mortality and strandings

of threatened and endangered sea

turtles.

DATES: This action is effective 12:01

a.m. (local time) on April 30, 1995,

through 11:59 p.m. (local time) on May

29, 1995. Comments on this action must

be submitted by May 30, 1995.

ADDRESSES: Comments on this action

and requests for a copy of the

environmental assessment (EA) or

supplemental biological opinion (BO)

prepared for this action should be

addressed to the Chief, Endangered

Species Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, 813–570–5312, or

Russell Bellmer, 301–713–1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in United

States (U.S.) waters are listed as either

endangered or threatened under the

Endangered Species Act of 1973 (ESA).

The Kemp’s ridley (Lepidochelys

kempii), leatherback (Dermochelys

coriacea), and hawksbill (Eretmochelys

imbricata) are listed as endangered.

Loggerhead (Caretta caretta) and green

(Chelonia mydas) turtles are listed as

threatened, except for breeding

populations of green turtles in Florida

and on the Pacific coast of Mexico,

which are listed as endangered.

The incidental take and mortality of

sea turtles, as a result of shrimp trawling

activities have been documented in the

Gulf of Mexico and along the Atlantic

Seaboard. Under the ESA and its

implementing regulations, taking sea

turtles is prohibited, with exceptions set

forth at 50 CFR 227.72. The incidental

taking of turtles during shrimp trawling

in the Gulf and Atlantic Areas is

excepted from the taking prohibition, if

the sea turtle conservation measures

specified in the sea turtle conservation

regulations (50 CFR part 227, subpart D)

are employed. The regulations require

most shrimp trawlers operating in the

Gulf of Mexico and Southeast U.S.

Atlantic to have a NMFS-approved TED

installed in each net rigged for fishing,

year round.

The conservation regulations provide

a mechanism to implement further

restrictions of fishing activities, if

necessary to avoid unauthorized takings

of sea turtles that may be likely to

jeopardize the continued existence of

listed species or that would violate the

terms and conditions of an incidental

take statement or biological opinion (50

CFR 227.72(e)(6)). Upon a determination

that incidental takings of sea turtles

during fishing activities are not

authorized, additional restrictions will

be imposed to conserve listed species.

These restrictions are effective for a

period of up to 30 days and may be

renewed for additional periods of up to

30 days each.

November 14, 1994—Biological

Opinion

On November 14, 1994, NMFS issued

a biological opinion (Biological

Opinion), which concluded that the

continued long term operation of the

shrimp fishery in the nearshore waters

of the southeastern U.S. was likely to

jeopardize the continued existence of

the highly endangered Kemp’s ridley

sea turtle. This Biological Opinion

resulted from an ESA section 7

consultation that was reinitiated in

response to the unprecedented number

of dead sea turtles that stranded along

the coasts of Texas, Louisiana, and

Georgia in the spring and summer of

1994, coinciding with heavy nearshore

shrimp trawling activity. Pursuant to

section 7(b)(4) of the ESA, NMFS

provided a reasonable and prudent

alternative to the existing management

measures that would allow the shrimp

fishery to continue without jeopardizing

the continued existence of the Kemp’s

ridley sea turtle. In addition, the

Biological Opinion is accompanied by

an incidental take statement, pursuant

to section 7(b)(4)(i) of the ESA, that

specifies the impact of such incidental

taking on the species. The incidental

take statement provides two levels to

identify the expected incidental take of

sea turtles by shrimp fishing. The

incidental take levels are based upon

either documented takes or indicated

takes measured by stranding data.

Stranding data are considered an

indicator of lethal take in the shrimp

fishery during periods in which

intensive shrimping effort occurs and

there are no significant or intervening

natural or human sources of mortality

other than shrimping conclusively

identified as the cause of strandings.

NMFS has established an indicated

take level (ITL) by identifying the

weekly average number of sea turtle

strandings documented in each NMFS

statistical zone for the last three years

(taking into consideration anomalous

years). In Texas and Georgia, where

strandings were anomalously high in

1994, the years 1991 through 1993 were

used to determine historical levels. The

weekly average was computed as a fiveweek running average (two weeks before

and after the week in question) to reflect

seasonally fluctuating events such as

fishery openings and closures and turtle

migrations. The ITL for each zone was

set at two times the weekly three year

stranding average. For weeks and zones

where the historical average is less than

one, the ITL has been set at two

strandings.