55286 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain federal assistance 

no longer available in SFHAs 

Sitka, City and Borough of. ................... 020006 November 8, 1974, Emerg; June 1, 1982, 

Reg; September 29, 2010, Susp. 

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

Oregon: 

Albany, City of, Benton and Linn Counties.410137 July 2, 1974, Emerg; April 3, 1985, Reg; 

September 29, 2010, Susp. 

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

Brownsville, City of, Linn County .......... 410138 August 19, 1974, Emerg; August 17, 1981, 

Reg; September 29, 2010, Susp. 

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

Harrisburg, City of, Linn County ............ 410140 December 31, 1974, Emerg; February 3, 

1982, Reg; September 29, 2010, Susp. 

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

Lebanon, City of, Linn County ............... 410141 June 10, 1975, Emerg; July 2, 1981, Reg; 

September 29, 2010, Susp. 

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

Linn County, Unincorporated Areas ...... 410136 April 9, 1974, Emerg; September 29, 1986, 

Reg; September 29, 2010, Susp. 

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

Lyons, City of, Linn County ................... 410142 February 28, 1975, Emerg; December 15, 

1981, Reg; September 29, 2010, Susp. 

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

Mill City, City of, Linn County ................ 410143 May 20, 1975, Emerg; March 1, 1979, Reg; 

September 29, 2010, Susp. 

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

Millersburg, City of, Linn County ........... 410284 July 21, 1982, Emerg; July 21, 1982, Reg; 

September 29, 2010, Susp. 

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

Scio, City of, Linn County ...................... 410144 August 15, 1974, Emerg; August 1, 1984, 

Reg; September 29, 2010, Susp. 

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

Sweet Home, City of, Linn County ........ 410146 April 17, 1975, Emerg; March 1, 1982, Reg; 

September 29, 2010, Susp. 

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

Tangent, City of, Linn County ............... 410147 September 5, 1975, Emerg; May 17, 1982, 

Reg; September 29, 2010, Susp. 

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

*-do- = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: September 1, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation. 

[FR Doc. 2010–22586 Filed 9–9–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0910051338–0403–04] 

RIN 0648–AY29 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Adjustment to Fishing Year 

2010 Georges Bank Yellowtail 

Flounder Total Allowable Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary final rule; 

adjustment to specifications. 

SUMMARY: Final catch data for the 2009 

fishing year (FY) (May 1, 2009–April 30, 

2010) indicate that the total catch of 

Georges Bank (GB) yellowtail flounder 

was 1,770 mt, exceeding the 1,617 mt 

FY 2009 Total Allowable Catch (TAC) 

by 153 mt. The regulations require that 

any overage of the GB yellowtail 

flounder TAC specified for the common 

pool, individual sectors, or the scallop 

fishery in one FY be subtracted from the 

respective TACs in the following FY. 

Therefore, NMFS hereby announces 

deductions to the FY 2010 GB yellowtail 

flounder TAC, including how the 

deduction will be divided between the 

annual catch limit (ACL) for common 

pool vessels (common pool sub-ACL), 

and the ACL for sector vessels (sector 

sub-ACL). 

DATES: Effective September 7, 2010 

through April 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341. 

SUPPLEMENTARY INFORMATION: The TACs 

for Eastern GB cod, Eastern GB haddock, 

and GB yellowtail flounder in the U.S./ 

Canada Management Area were 

published in the Federal Register on 

April 9, 2010 (75 FR 18356) as part of 

the Framework Adjustment 44 (FW 44) 

final rule. That action established the 

FY 2010 U.S. TACs of GB cod, haddock, 

and yellowtail flounder at 338 mt, 

11,988 mt, and 1,200 mt, respectively, 

and specified that, should an analysis of 

the catch by U.S. vessels indicate that 

an overage occurred during FY 2009, the 

pertinent TAC would be adjusted 

downward in order to be consistent 

with the FMP and the U.S./Canada 

Resource Sharing Understanding 

(Understanding). The regulations at 

§ 648.85(a)(2)(ii) require that ‘‘any 

overages of the GB cod and GB haddock 

TACs specified for either the common 

pool or individual sectors, or any 

overages of the GB yellowtail flounder 

TAC specified for the common pool, 

individual sectors, or the scallop fishery 

* * * that occur in a given fishing year 

will be subtracted from the respective 

TAC in the following fishing year.’’ The 

final annual catch analysis cannot be 

completed until about 1 month into the 

following FY because of the need to 

include any late reports from vessels 

and dealers. Therefore, any required 

TAC adjustment must be made during 

the FY following the FY in which the 

overage occurred. 

Based upon vessel reports, dealer 

reports, and other information available 

as of June 8, 2010, the total estimated 

catch of GB yellowtail flounder in the 

U.S./Canada Management Area during 

FY 2009 was 1,770 mt. This exceeds the 

overall FY 2009 GB yellowtail flounder 

TAC of 1,617 mt by 153 mt. Therefore, 

an overage of 153 mt of GB yellowtail 

flounder must be subtracted from the 

overall FY 2010 U.S./Canada GB 

yellowtail flounder TAC through this 

action. This results in an adjusted 

overall TAC of 1,047 mt for FY 2010 for 

GB yellowtail flounder. The Eastern GB 

cod and haddock TACs were not 

exceeded in FY 2009. Therefore, these 

two TACs are not adjusted. 

WReier-Aviles on DSKJ8SOYB1PROD with RULES

Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 55287 

The current regulatory provision 

requires that the reduction in the GB 

yellowtail flounder TAC be applied to 

the common pool, individual sectors, 

and scallop TACs, based on any 

overages in the previous year’s TACs for 

each of these three components of the 

fishery. In FY 2009, however, with the 

exception of a bycatch TAC allocation to 

the scallop fishery, there was only an 

overall TAC allocated to the groundfish 

fishery, with no specific allocation to 

the common pool or individual sectors. 

Therefore, although there is a 

requirement to reduce this year’s GB 

yellowtail flounder TAC by last year’s 

overall overage, there is no specific 

regulatory provision describing how to 

allocate the reduction among these three 

components in this FY. (This is relevant 

to this FY only.) This action implements 

the required reduction and, pursuant to 

the agency’s general regulatory authority 

under section 305(d) of the MagnusonStevens Fishery Conservation and 

Management Act (16 U.S.C. 1855), 

creates an ad hoc method to prorate this 

reduction between the common pool 

and individual sectors based on the 

percentages of TAC allocated to the 

common pool and individual sectors for 

FY 2010. The FW 44 final rule set the 

FY 2010 GB yellowtail flounder ACL 

subcomponent for the scallop fishery to 

account for 100 percent of the 

anticipated GB yellowtail flounder 

bycatch in that fishery. Therefore, there 

is no rational basis to reduce scallop 

bycatch allocation this year. 

Implementing this method for allocating 

the reduction in TAC between the 

common pool and individual sectors is 

necessary to ensure consistency with 

the intent of Amendment 16 and FW 44. 

To understand how the reduction is to 

be prorated it is necessary to describe 

how the allocation of TACs among the 

various components of the fishery is 

done. For transboundary managed 

stocks, the Acceptable Biological Catch 

(ABC) is equivalent to the U.S. portion 

of the TAC negotiated under the 

Understanding. The total ACL (or TAC) 

is set lower than the ABC to account for 

management uncertainty. For yellowtail 

flounder, the total ACL (or TAC) is 

subdivided into sub-ACLs (or TACs) for 

the groundfish fishery (sectors and 

common pool) and other ACL 

subcomponents, including an allocation 

to account for bycatch in the scallop 

fishery, and bycatch in other fisheries. 

The sector sub-ACL is further divided 

into Annual Catch Entitlement (ACE) 

values (or TACs) for each of the 17 NE 

multispecies sectors. The 17 sector 

ACEs that constitute the sector sub-ACL 

for FY 2010 were initially published on 

April 9, 2010 (75 FR 18113), in the 

sector final rule. These common pool 

and sector allocations were 

subsequently modified by a rule 

published on May 26, 2010 (75 FR 

29459), to adjust for final sector 

membership rosters. The percentage 

allocations of TACs to these sub-ACLs 

and ACEs form the basis for prorating 

the reduction dictated by the 2009 FY’s 

overage. 

Table 1 contains the new values for 

the ABC, ACL, sub-ACLs, and ACL 

subcomponents for GB yellowtail 

flounder implemented by this action. 

Table 2 contains details of the 

adjustments to each of the 17 sector’s 

ACEs for GB yellowtail flounder as a 

result of this action. 

TABLE 1—GB YELLOWTAIL FLOUNDER

ABC, ACL, SUB-ACL, AND ACL 

SUBCOMPONENTS FOR FY 2010 

(MT) 

Previous 

value 

New 

value 

ABC .......................... 1,200 1,047 

Total ACL .................. 1,170 1,021 

Scallop Fishery ACL 

Subcomponent ...... 146 146 

Other ACL Subcomponents ........... 60 52 

Groundfish Total ACL 964 823 

Sector Sub-ACL* ...... 941 803 

Common Pool SubACL ....................... 23 20 

*All sub-ACL values for sectors assume that 

each sector MRI has a valid permit for FY 

2010. 

TABLE 2—GB YELLOWTAIL FLOUNDER

ACE FOR EACH SECTOR FOR FY 

2010 (MT)* 

Sector name 

Previous 

ACE 

(mt) 

New ACE 

(mt) 

FGS .......................... 0 0 

NCCS ........................ 8 7 

NEFS 2 ..................... 16 14 

NEFS 3 ..................... 0 0 

NEFS 4 ..................... 21 18 

NEFS 5 ..................... 92 79 

NEFS 6 ..................... 13 11 

NEFS 7 ..................... 156 133 

NEFS 8 ..................... 154 131 

NEFS 9 ..................... 183 156 

NEFS 10 ................... 0 0 

NEFS 11 ................... 0 0 

NEFS 12 ................... 0 0 

NEFS 13 ................... 149 127 

PCCGS ..................... 0 0 

SHS .......................... 79 68 

TSS ........................... 70 60 

* All ACE values for sectors outlined in 

Table 1 assume that each sector MRI has a 

valid permit for FY 2010. 

George Bank Cod Fixed Gear Sector (FGS), 

Northeast Coastal Communities Sector 

(NCCS), Northeast Fishery Sectors (NEFS), 

Port Clyde Community Groundfish Sector 

(PCCGS), Sustainable Harvest Sector (SHS), 

and Tri-State Sector (TSS). 

FW 44 specified an incidental catch 

TAC for the Regular B Days-at Sea 

(DAS) Program, equivalent to 2 percent 

of the GB yellowtail flounder common 

pool sub-ACL. As a result of the 

adjustment to the common pool subACL, this incidental catch TAC is 

reduced from 0.47 mt to 0.40 mt. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), the Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment, as well 

as the delayed effectiveness for this 

action, because notice, comment, and a 

delayed effectiveness would be 

unnecessary, impractical, and contrary 

to the public interest. Any delay in this 

action to allow for prior public 

comment could result in overharvest of 

the new GB yellowtail flounder 

allocation by a sector or the common 

pool. Such an overage would result in 

closure of the Eastern U.S./Canada Area, 

and zero possession of GB yellowtail 

flounder for the affected group and, 

therefore, loss of opportunities to fish 

for other stocks. Further, the regulations 

at § 648.85(a)(2)(ii), which were subject 

to prior public comment, require that 

any overage of the TAC for GB 

yellowtail flounder be deducted from 

the TAC in the following FY. 

Accordingly, the action being taken by 

this temporary rule is non-discretionary. 

Since this is a non-discretionary action, 

based on numerous records solely in the 

possession of NMFS, public comment 

would not serve to inform the agency 

calculation of the overage and its 

deduction from the appropriate TAC. 

The rate of harvest of GB yellowtail 

flounder by groundfish vessels and 

scallop vessels fishing in the Scallop 

Access Areas in the U.S./Canada 

Management Area, as reported from 

Vessel Monitoring Systems, is updated 

weekly on the Internet at http:// 

www.nero.noaa.gov. Accordingly, the 

public is able to obtain information that 

would provide at least some advance 

notice of a potential action as a result of 

a GB yellowtail flounder TAC being 

exceeded during FY 2009. Further, the 

potential that one or more of the FY 

2009 TACs for the U.S./Canada stocks 

could be exceeded, and therefore reduce 

the FY 2010 TAC, was considered and 

WReier-Aviles on DSKJ8SOYB1PROD with RULES

55288 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations 

open to public comment during the 

proposed rule stage of FW44. 

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

Dated: September 3, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–22634 Filed 9–7–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XY88 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

620 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2010 total 

allowable catch (TAC) of pollock for 

Statistical Area 620 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 7, 2010, through 

1200 hrs, A.l.t., October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The C season allowance of the 2010 

TAC of pollock in Statistical Area 620 

of the GOA is 4,878 metric tons (mt) as 

established by the final 2010 and 2011 

harvest specifications for groundfish of 

the GOA (75 FR 11749, March 12, 2010). 

In accordance with § 679.20(a)(5)(iv)(B) 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

decreases the C season pollock 

allowance by NNN mt to reflect the total 

amount of pollock TAC that has been 

caught prior to the C season in 

Statistical Area 620. Therefore, the 

revised C season allowance of the 

pollock TAC in Statistical Area 620 is 

NNN mt (4,878 mt minus NNN mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2010 TAC of pollock in Statistical 

Area 620 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of NNN mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 620 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 620 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

6, 2010. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 7, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–22637 Filed 9–7–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XY87 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of closure. 

SUMMARY: NMFS is opening directed 

fishing for northern rockfish in the 

Bering Sea and Aleutian Islands 

Management Area (BSAI). This action is 

necessary to fully use the 2010 total 

allowable catch (TAC) of northern 

rockfish in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 7, 2010, through 

1200 hrs, A.l.t., December 31, 2010. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 27, 2010. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XY87, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments. Enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) file formats 

only. 

WReier-Aviles on DSKJ8SOYB1PROD with RULES