Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 60449 

(b) Repayment. Loan funds become 

due and payable in accordance with the 

terms and conditions of the Promissory 

Note. The note shall include the 

following provisions: 

(1) The term of a loan made under this 

program is 5 years, unless extended by 

the Associate Director. Interest will 

accrue on outstanding cash from the 

actual date of its disbursement by FEMA 

or FEMA’s designated Disbursing 

Agency. 

(2) The interest amount due will be 

computed separately for each Treasury 

disbursement as follows: I = P X R X 

T, where I = the amount of simple 

interest, P = the principal amount 

disbursed; R = the interest rate of the 

loan; and, T = the outstanding term in 

years from the date of disbursement to 

date of repayment, with periods less 

than 1 year computed on the basis of 

365 days/year. 

(3) Each payment made against the 

loan will be applied first to the interest 

computed to the date of the payment, 

and then to the principal. Prepayments 

of scheduled installments, or any 

portion thereof, may be made at any 

time and shall be applied to the 

installments last to become due under 

the loan and shall not affect the 

obligation of the borrower to pay the 

remaining installments. 

(4) The Associate Director may defer 

payments of principal and interest for 

up to five years. However, interest will 

continue to accrue. 

(5) Any costs incurred by the Federal 

Government in collecting the note shall 

be added to the unpaid balance of the 

loan, bear interest at the same rate as the 

loan, and be immediately due without 

demand. 

(6) In the event of default on this note 

by the borrower, the FEMA claims 

collection officer will take action to 

recover the outstanding principal plus 

related interest under Federal debt 

collection authorities, including 

administrative offset against other 

Federal funds due the borrower and/or 

referral to the Department of Justice for 

judicial enforcement and collection. 

(c) Additional time. In unusual 

circumstances involving financial 

hardship, the local government may 

request an additional period of time 

beyond the original 10 year term to 

repay the indebtedness. Such request 

may be approved by the Associate 

Director subject to the following 

conditions: 

(1) The local government must submit 

documented evidence that it has 

applied for the same credit elsewhere 

and that such credit is not available at 

a rate equivalent to the current Treasury 

rate. 

(2) The principal amount shall be the 

original principal plus related interest 

less any payments made. 

(3) The interest rate shall be the 

Treasury rate in effect at the time the 

new Promissory Note is executed but in 

no case less than the original interest 

rate. A reduced rate may not be applied 

if was it was not previously applied to 

the loan. 

(4) The term of the new Promissory 

Note shall be for the settlement period 

requested by the local government but 

not greater than 10 years from the date 

the new note is executed. 

§ § 206.378—206.389 [Reserved] 

Dated: October 14, 2005. 

R. David Paulison, 

Acting Director, Emergency Preparedness and 

Response, Federal Emergency Management 

Agency, Department of Homeland Security. 

[FR Doc. 05–20920 Filed 10–17–05; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 041110317–4364–02; I.D. 

053105F] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS announces that it has 

approved the request of the State of New 

Jersey to transfer 36,333 lb (16,481 kg) 

of commercial summer flounder quota 

to the states of Maine, Connecticut, and 

New York, and the Commonwealth of 

Massachusetts, in accordance with the 

Atlantic States Marine Fisheries 

Commission (ASMFC) Addendum XV to 

the Summer Flounder, Scup, and Black 

Sea Bass Fishery Management Plan 

(FMP). By this action, NMFS adjusts the 

quotas and announces the revised 

commercial quota for each state 

involved. 

DATES: Effective October 13, 2005 

through December 31, 2005, unless 

NMFS publishes a superseding 

document in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Mike Ruccio, Fishery Management 

Specialist, (978) 281–9104, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from North Carolina through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state are described in § 648.100. 

The ASMFC adopted Addendum XV 

to the FMP in November 2004. The 

Addendum is being implemented under 

the adaptive management and 

framework procedures that are part of 

the FMP. Addendum XV establishes a 

program, for 2005 and 2006, that 

allocates the increase in commercial 

summer flounder quota (from the 2004 

amount) differently than the existing 

allocation scheme, in order to reduce 

the amount of fish that must be 

discarded as bycatch in the commercial 

fishery in states with relatively low 

summer flounder quotas. The transfer of 

quota from donor states will allow 

recipient states to marginally increase 

trip limits, thereby decreasing the 

amount of summer flounder discarded 

at sea. 

The final rule implementing 

Amendment 5 to the FMP (December 

17, 1993; 58 FR 65936) provided a 

mechanism for summer flounder quota 

to be transferred from one state to 

another. Two or more states, under 

mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), can transfer or combine 

summer flounder commercial quota 

under § 648.100(d). The Regional 

Administrator is required to consider 

the criteria set forth in § 648.100(d)(3) in 

the evaluation of requests for quota 

transfers or combinations. The Regional 

Administrator has reviewed those 

criteria and approved the quota transfer 

requests submitted by the State of New 

Jersey. 

Consistent with Addendum XV, New 

Jersey, a designated ‘‘donor state,’’ has 

voluntarily employed the quota transfer 

provisions of the FMP to transfer a total 

of 36,333 lb (16,481 kg) to be allocated 

as follows: Maine 999 lb (453 kg); 

Massachusetts 10,957 lb (4,970 kg); 

Connecticut 13,965 lb (6,335 kg); and 

New York 10,412 lb (4,723 kg)(see Table 

1). 

60450 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

TABLE 1. SUMMER FLOUNDER COMMERCIAL QUOTA TRANSFERS

State 

Amount Transferred 2005 Quota1 2005 Revised Quota 

lb kg lb kg lb kg 

New Jersey -36,333 -16,481 3,005,481 1,363,286 2,969,148 1,346,806 

Maine +999 +453 12,396 5,623 13,395 6,076 

Massachusetts +10,957 +4,970 1,219,773 553,289 1,230,730 558,259 

Connecticut +13,965 +6,335 459,408 208,387 473,373 214,722 

New York +10,412 +4,723 1,414,282 641,518 1,424,694 646,241 

1Reflects quotas as published on June 21, 2005 (70 FR 35557), inclusive of previous Addendum XV and ‘‘safe harbor’’ transfers. 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: October 12, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–20829 Filed 10–13–05; 3:01 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 050613158–5262–03; I.D. 

090105A] 

RIN 0648–AT48 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; 

Emergency Fishery Closure Due to the 

Presence of the Toxin That Causes 

Paralytic Shellfish Poisoning 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: This action reinstates the 

temporary regulations published in the 

Federal Register on September 9, 2005, 

and establishes the prohibition that was 

inadvertently omitted in the September 

9, 2005 rule. In the September 9, 2005, 

temporary rule, NMFS continued the 

closure through September 30, 2005, of 

one portion of an area it had previously 

closed on June 16, 2005, to the harvest 

for human consumption of certain 

bivalve molluscan shellfish due to the 

presence in those waters of the toxin 

that causes Paralytic Shellfish Poisoning 

(PSP). The prohibition of harvesting 

whole or roe-on sea scallops, only, in 

the other portion of the area previously 

closed on June 16, 2005, was 

inadvertently omitted from the 

regulatory text of the September 9, 2005, 

publication. NMFS establishes this 

prohibition in this action. The intent of 

this action is to respond to the request 

of the U.S. Food and Drug 

Administration (FDA), having 

determined on September 23, 2005, that 

there is insufficient analytical data to 

support the scheduled reopening of the 

entire area to all bivalve molluscan 

shellfish fishing on October 1, 2005. 

DATES: Effective October 18, 2005, 

through December 31, 2005. Comments 

must be received by November 17, 2005. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• E-mail: PSPclosure2@NOAA.gov. 

Include the subject line the following: 

‘‘Comments on the October Emergency 

Rule for Area closures Due to PSP.’’

• Federal e-Rulemaking Portal: http:/ 

www.regulations.gov. 

• Mail: Paper, disk, or CD-ROM 

comments should be sent to Patricia A. 

Kurkul, Regional Administrator, 

National Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 01930. 

Mark the outside of the envelope 

‘‘Comments on October PSP closure.’’

• Fax:(978) 281–9135. 

Copies of the small entity compliance 

guide prepared for the September 9, 

2005, emergency action are available 

from Patricia A. Kurkul, Regional 

Administrator, National Marine 

Fisheries Service, One Blackburn Drive, 

Gloucester, MA 01930. The small entity 

compliance guide/permit holder letter is 

also accessible via the Internet at http:// 

www.nero.noaa.gov. Copies of the 

emergency rule are available from 

Patricia A. Kurkul, at the mailing 

address specified above. 

FOR FURTHER INFORMATION CONTACT: E. 

Martin Jaffe, Fishery Policy Analyst, 

(978) 281–9272. 

SUPPLEMENTARY INFORMATION: 

Background 

Toxic algal blooms are responsible for 

the marine toxin that causes PSP in 

persons consuming affected shellfish. 

People have become seriously ill and 

some have died from consuming 

affected shellfish under similar 

circumstances. 

On June 10, 2005, the FDA requested 

that NMFS issue an emergency rule to 

close an area of Federal waters to the 

harvesting of bivalve molluscan 

shellfish intended for human 

consumption because of toxic algal 

blooms off the coasts of New Hampshire 

and Massachusetts. This closure 

prohibited harvests of shellfish such as 

Atlantic surfclams and ocean quahogs, 

as well as scallop viscera. The 

emergency rule for the action, published 

in the Federal Register on June 16, 2005 

(70 FR 35047), stated it would be in 

effect from June 14 through September 

30, 2005, unless extended. The 

emergency rule was modified on July 7, 

2005 (70 FR 39192) to allow for the 

collection of biological samples by 

commercial fishing vessels issued a 

Letter of Authorization signed by the 

Regional Administrator. 

The action temporarily closed all 

Federal waters of the Exclusive 

Economic Zone of the northeastern 

United States to any bivalve molluscan 

shellfish harvesting, except for Atlantic 

sea scallops shucked at sea for their 

adductor muscles, in the area bound by 

the following coordinates in the order 

stated: (1) 43° 00′ N. lat., 71° 00′ W. 

long.; (2) 43° 00′ N. lat., 69° 00′ W. long.; 

(3) 40° 00′ N. lat., 69° 00′ W. long.; (4) 

40° 00′ N. lat., 71° 00′ W. long., and then 

ending at the first point. The scallop 

adductor muscle, or ‘‘meat,’’ is 

unaffected by the toxin. Further details 

of the original closure may be found in 

the June 16, 2005, and the July 7, 2005,