        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17

        Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Delist the Plymouth Redbelly Turtle (Pseudemys rubriventris bangsi)

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Notice of 90-day petition finding and initiation of status review.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the Plymouth redbelly turtle (Pseudemys rubriventris bangsi), now referred to as the Plymouth (or northern) red-bellied cooter (P. rubriventris), from the Federal List of Threatened and Endangered Wildlife under the Endangered Species Act of 1973, as amended (Act). We find that the petition and additional information in our files presents substantial information indicating that delisting the Plymouth red-bellied cooter may be warranted, and we are therefore initiating a status review. To assist us in ensuring that the review is comprehensive, we are soliciting information and data regarding this species.

          DATES:
          The administrative finding announced in this document was made on October 3, 2006. To be considered in the 12-month finding for this petition, comments and information should be submitted to us by December 4, 2006.

          ADDRESSES:

          Data, information, comments, or questions concerning this petition and our finding should be submitted to the Field Supervisor (Attention: Endangered Species), New England Field Office, 70 Commercial Street, Suite 300, Concord, New Hampshire 03301. The petition, administrative record, supporting data, and comments will be available for public inspection, by appointment, during normal business hours at the above address.

          FOR FURTHER INFORMATION CONTACT:

          Michael J. Amaral, Sr. Endangered Species Specialist, at the New England Field Office (see ADDRESSES above), or at 603-223-2541.

        SUPPLEMENTARY INFORMATION:
        Public Information Solicited

        When we make a finding that substantial information exists to indicate that listing or delisting a species may be warranted, we are required to promptly commence a review of the status of the species. We intend that any final action resulting from this status review will be as accurate and effective as possible. Therefore, we request comments or suggestions from the public, other concerned governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties. We would be particularly interested in any data indicating that the Plymouth red-bellied cooter may qualify for protection under the Act as a distinct population segment per standards as described in the Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the Endangered Species Act (February 7, 1996; 61 FR pages 4722) or as part of some larger taxonomic entity that is threatened or endangered. We are opening a 60-day public comment period (see DATES) to allow all interested parties an opportunity to provide information on the status of the Plymouth red-bellied cooter throughout its range, including information on the species' biology and ecology; its genetics and taxonomic classification; the historic and current abundance and distribution of the Plymouth, Massachusetts population; ongoing conservation measures for the species and its habitat; and the threats facing the Plymouth red-bellied cooter in relation to the five listing factors (as defined in section 4(a)(1) of the Act).

        We will base our 12-month finding on a review of the best scientific and commercial information available, including all information received during the public comment period. If you wish to provide comments you may submit your comments and materials concerning this finding to the Field Supervisor, New England Field Office (see ADDRESSES section). Please note that comments merely stating support or opposition to the actions under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is a threatened or endangered species shall be made “solely on the basis of the best scientific and commercial data available.” At the conclusion of the status review, we will issue the 12-month finding on the petition, as provided in section 4(b)(3)(B) of the Act.
        Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment, but you should be aware that the Service may be required to disclose your name and address pursuant to the Freedom of Information Act. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety.

        All comments and materials received will be available for public inspection, by appointment, during normal business hours at our New England Field Office (see ADDRESSES).
        Background

        Section 4(b)(3)(A) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), requires that we make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information to demonstrate that the petitioned action may be warranted. To the maximum extent practicable, we are to make this finding within 90 days of the receipt of the petition and publish a notice of the finding promptly in the Federal Register.
        Our standard for substantial scientific information within the Code of Federal Regulations (CFR) with regard to a 90-day petition finding is “that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted” (50 CFR 424.14(b)). If we find that substantial information was presented, we are required to promptly commence a review of the status of the involved species. After completing the status review, we will issue a 12-month finding determining whether delisting or an alternative action is warranted.

        The factors for listing, delisting, or reclassifying species are described at 50 CFR 424.11. We may delist a species only if the best scientific and commercial data available substantiate that it is neither endangered nor threatened. Delisting may be warranted as a result of: (1) Extinction; (2) recovery; or (3) a determination that the original data used for classification of the species as endangered or threatened were in error.
        Petition

        On February 8, 1997, we received a petition from the National Wilderness Institute dated February 3, 1997, requesting that we remove the “Redbelly turtle (P. r. bangsi)” from the List of Threatened and Endangered Wildlife on the basis of data error. The petition was clearly identified as such. We acknowledged receipt of the petition in a June 29, 1998, letter that further explained our inability to undertake prompt action because of the low priority assigned to delisting petitions in the Listing Priority Guidance for Fiscal Years 1998 and 1999, which was published in the Federal Register on May 8, 1998 (63 FR 25502). Since 1999, higher priority work has precluded us from acting on the petition to delist the Plymouth red-bellied cooter.

        The petition focuses solely on the question of validity of the subspecies bangsi and cites only unpublished data and an alleged excerpt from the 1981 Plymouth Red Bellied Turtle Recovery Plan (recovery plan). The petitioner provided no new data on the taxonomy of, status of, or threats to the Plymouth red-bellied cooter, and provided no bibliography of published literature on the species. Other available information, including published data (e.g., Iverson and Graham 1990, pp. 1-13) and two subsequent recovery plan revisions (USFWS 1985, pp. 1-28; USFWS 1994, pp. 1-39), was not included or cited in the petition.
        A review of the 1981 recovery plan found that the plan does not contain the quote cited by the petitioner as the basis for the cooter being listed due to data error. However, the 1985 first recovery plan revision does contain the cited information (USFWS 1985, p. 2). Information in Service files confirms that herpetologists generally concur that the Plymouth, Massachusetts, population is a disjunct occurrence of Pseudemys rubriventris, a species that is more widely distributed in the mid-Atlantic States, and not a distinct subspecies as described by Babcock (1937, p. 293).
        Finding
        We have reviewed the petition, the literature cited in the petition, and information in our files. On the basis of our review, we find that there is substantial information indicating that the petitioned action may be warranted, and we are initiating a status review of the species. At the conclusion of the status review, we will issue a 12-month finding, in accordance with section 4(b)(3)(B) of the Act, as to whether or not delisting is warranted.
        References Cited

        A complete list of all references cited herein is available upon request from the Field Supervisor, New England Field Office (see ADDRESSES section).
        Author

        The primary author of this document is Michael J. Amaral, New England Field Office (see ADDRESSES section).
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: September 21, 2006.
          Marshall Jones,
          Acting Director, U.S. Fish and Wildlife Service.

      [FR Doc. E6-16057 Filed 10-2-06; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF DEFENSE
        GENERAL SERVICES ADMINISTRATION
        NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
        48 CFR Parts 4, 12, and 52
        [FAR Case 2006-029; Docket No. 2007-0001; Sequence 5]
        RIN  9000-AK72
        Federal Acquisition Regulation; FAR Case 2006-029, Federal Funding Accountability and Transparency Act (FFATA)—Reporting Requirement of Subcontractor Award Data

          AGENCIES:
          Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

          ACTION:
          Proposed rule.

          SUMMARY:
          The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require that contractors report specific subcontract awards to a public database.  The Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Pub. L. 109-282) requires the existence and operation of a searchable website that provides public access to information about Federal expenditures.  The FFATA specifically requires that a pilot program be established to test the collection and accession of subcontract award data.  As a result, subcontracts awarded and funded with Federal appropriated funds will be disclosed to the public in a single searchable website.

          DATES:
          Interested parties should submit written comments to the FAR Secretariat on or before May 21, 2007 to be considered in the formulation of a final rule.

          ADDRESSES:
          Submit comments identified by FAR case 2006-029 by any of the following methods:

        • Federal eRulemaking Portal: http://www.regulations.gov.  Search for any document by first selecting the proper document types and selecting “Federal Acquisition Regulation” as the agency of choice.  At the “Keyword” prompt, type in the FAR case number (for example, FAR Case 2006-001) and click on the “Submit” button.  Please include any personal and/or business information inside the document. You may also search for any document by clicking on the “Advanced search/document search” tab at the top of the screen, selecting from the agency field “Federal Acquisition Regulation”, and typing the FAR case number in the keyword field.  Select the “Submit” button.
        • Fax: 202-501-4067.
        • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN:  Laurieann Duarte, Washington, DC  20405.

          Instructions:  Please submit comments only and cite FAR case 2006-029 in all correspondence related to this case.  All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

          FOR FURTHER INFORMATION CONTACT:
          Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501-4755.  Please cite FAR case 2006-029.

        SUPPLEMENTARY INFORMATION:
        A.  Background
        The FFATA requires the existence and operation of a searchable website that provides public access to information about Federal expenditures.  Section 2(d) of the FFATA requires that a pilot program be established to test the collection and accession of subcontract award data.
        In order to implement Section 2(d) of the FFATA, the Councils propose to add a new subpart to FAR Part 4, with an associated clause in FAR Part 52, which addresses reporting subcontract awards.  The pilot program will begin no later than July 1, 2007 and will terminate no later than January 1, 2009.

        This rule applies to contracts with values equal to or greater than $500,000,000 awarded and performed in the United States, and requires the awardees to report all first tier subcontract awards exceeding $1,000,000 to the FFATA database at www.federalspending.gov.  The Councils chose these thresholds to ensure that a sufficient number of subcontract award reports will be entered in the database to permit assessment of its effectiveness without imposing a significant burden on contractors during the pilot program.  The Government does not guarantee the reliability of the data reported. The Government has no mechanism to verify the data submitted.  Before completion of the pilot program, the Councils will initiate a separate rulemaking process to establish the requirements for the final subcontract reporting database pursuant to the statute.  The Councils anticipate that the final reporting requirement will apply to contracts with values equal to or greater than the simplified acquisition threshold and will require the reporting of subcontracts with values greater than $25,000, regardless of the award or performance locations of the prime contract or subcontracts.   This rule does not apply to classified contracts or commercial item contracts issued under FAR Part 12.  FFATA did not explicitly apply its provisions to commercial items, and the statute will be added to the list of laws inapplicable to commercial contracts at 12.503(a), under 41 U.S.C. 430.
        The Councils specifically invite comments on the following—
        (a) The pilot program—
        (1) The burden imposed;
        (2) Whether making this information publicly available will affect the contractor’s competitiveness; and
        (3) Whether availability of this information on a public website raises industrial, national or other security concerns.
        (b) Possible final reporting requirements—
        (1) Whether the final reporting requirements (after the pilot program) should apply to contracts and subcontracts;
        (i) Awarded or performed outside the United States;
        (ii) With values greater than $25,000; and
        (iii) Awards below the first tier.
        (2) Whether the reporting period should be 30 days after award of a subcontract as expressed in the statute or a longer period; and
        (3) Whether the unique subcontractor identifier should be the DUNS number, the Taxpayer Identification Number (TIN) some other number, or a non-numerical unique identifier.
        This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993.  This rule is not a major rule under 5 U.S.C. 804.
        B.  Regulatory Flexibility Act

        The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the contract dollar threshold chosen for application of the pilot program ($500,000,000) ensures that any small businesses receiving such large prime contract awards are estimated to be minuscule to none.  An Initial Regulatory Flexibility Analysis has, therefore, not been performed.  We invite comments from small businesses and other interested parties.  The Councils will consider comments from small entities concerning the affected FAR Parts 4, 12, and 52 in accordance with 5 U.S.C. 610.  Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 2006-029), in correspondence.
        C.  Paperwork Reduction Act

        The Paperwork Reduction Act (Pub. L. 104-13) applies because the proposed rule contains information collection requirements.  Accordingly, the FAR Secretariat will submit a request for approval of a new information collection requirement concerning OMB Control Number 9000-00XX, FFATA—Reporting Requirement of Subcontractor Award Data to the Office of Management and Budget under 44 U.S.C. 3501, et seq.

          Annual Reporting Burden:
        Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
        The annual reporting burden is estimated as follows:

          Respondents:  143

          Responses per respondent:  28

          Total annual responses:  4,004

          Preparation hours per response:  1

          Total response burden hours:  4,004.
        D.  Request for Comments Regarding Paperwork Burden
        Submit comments, including suggestions for reducing this burden, not later than May 21, 2007 to:  FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, FAR Secretariat (VIR), 1800 F Street, NW, Room 4035, Washington, DC 20405.
        Public comments are particularly invited on:  whether this collection of information is necessary for the proper performance of functions of the FAR, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
        Requester may obtain a copy of the justification from the General Services Administration, FAR Secretariat (VIR), Room 4035, Washington, DC 20405, telephone (202) 501-4755.  Please cite OMB Control Number 9000-00XX, FFATA—Reporting Requirement of Subcontractor Award Data, in all correspondence.

          List of Subjects in 48 CFR Parts 4, 12, and 52
          Government procurement.

          Dated:  March 13, 2007.
          Al Matera
          Acting Director, Contract Policy Division.

        Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 4, 12, and 52 as set forth below:
        1.  The authority citation for 48 CFR parts 4, 12, and 52 continues to read as follows:

          Authority:
          40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).

          PART 4—ADMINISTRATIVE MATTERS
          2. Add Subpart 4.14 to read as follows:

            Subpart 4.14—Reporting Subcontract Awards

              4.1400
              Scope of subpart.
              This subpart implements Section 2(d) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) by establishing a pilot program for a single searchable website, available to the public at no charge, that includes information on Federal subcontracts.  This pilot program will expire not later than January 1, 2009.

              4.1401
              Contract clause.
              (a) Except as provided in paragraph (b) of this section, insert the clause at 52.204-10, Reporting Subcontract Awards, in all solicitations and contracts with values of $500,000,000 or more when the contract will be awarded and performed in the United States.
              (b) The clause is not required in—
              (1) Solicitations and contracts for commercial items issued under FAR Part 12; or
              (2) Classified solicitations and contracts.

          PART 12—ACQUISITION OF COMMERCIAL ITEMS

        3. Amend section 12.503 by adding paragraph (a)(7) to read as follows:

          12.503
          Applicability of certain laws to Executive agency contracts for the acquisition of commercial services.
          (a) * * *
          (7) 31 U.S.C. 6101 Note, P. L. 109-282 Federal Funding Accountability and Transparency Act of 2006, requirement to report subcontract data.

          PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
          4. Add section 52.204-10 to read as follows:

            52.204-10
            Reporting Subcontract Awards.
            As prescribed in 4.1401(a), insert the following clause:

              REPORTING SUBCONTRACT AWARDS (DATE)
              (a) Definition. Subcontract, as used in this clause, means any contract as defined in FAR Subpart 2.1 entered into by the Contractor to furnish supplies or services for performance of this contract. It includes, but is not limited to, purchase orders and changes and modifications to purchase orders, but does not include contracts that provide supplies or services benefiting two or more contracts.
              (b)  Section 2(d) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282) requires establishment of a pilot program for a single searchable website, available to the public at no charge, that includes information on Federal subcontracts.

              (c)  Within thirty days after the end of March, June, September, and December of each year through 2008, the Contractor shall report the following information at www.federalspending.gov for each subcontract award with a value greater than $1,000,000 made during that quarter.  The Contractor shall follow the instructions at www.federalspending.govto report the data:
              (1) Name of the subcontractor.
              (2) Amount of the award.
              (3) Date of award.
              (4) The applicable North American Industry Classification System code.
              (5) Funding agency or agencies.
              (6) Award title descriptive of the purpose of the action.
              (7) Contract number.
              (8) Subcontractor location including address.
              (9) Subcontract primary performance location including address.
              (10) Unique identifier for the subcontractor.
              (End of clause)

      [FR Doc. 07-1318 Filed 3-20-07; 8:45 am]
      BILLING CODE 6820-EP-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [Docket No. 010108006-1136-02; I.D. 050101D]
        RIN 0648-AO97
        Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Amendment 14

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
           NMFS proposes a rule to implement portions of Amendment 14 to the Pacific Coast Groundfish Fishery Management Plan (FMP).  Amendment 14 would create a permit stacking program for limited entry permits with sablefish endorsements.  This permit stacking program would lengthen the duration of the limited entry, fixed gear primary sablefish fishery.  It is intended to increase safety in that fishery and provide flexibility to participants.  Amendment 14 would allow a single vessel to carry up to three permits and fish the sablefish cumulative limits with those permits during the primary sablefish fishery.

          DATES:
           Comments must be submitted in writing by July 9, 2001.

          ADDRESSES:
          Comments on Amendment 14 or supporting documents should be sent to Donna Darm, Acting Administrator, Northwest Region, NMFS, Sand Point Way NE., Seattle, WA 98115-0070; or to Rebecca Lent,  Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213.  Copies of Amendment 14 and the environmental assessment/regulatory impact review (EA/RIR) are available from Donald McIsaac, Executive Director, Pacific Fishery Management Council (Council), 2130 SW Fifth Ave., Suite 224, Portland, OR 97201.

          FOR FURTHER INFORMATION CONTACT:

          Yvonne deReynier or Becky Renko (Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736 and; e-mail: yvonne.dereynier@noaa.gov,
            becky.renko@noaa.gov or  Svein Fougner (Southwest Region, NMFS) phone: 562-980-4000; fax: 562-980-4047 and; e-mail: svein.fougner@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        Electronic Access
        This Federal Register document is also accessible via the Internet at the website of the Office of the Federal Register: http://www.access.gpo.gov/su-docs/aces/aces140.html.
        NMFS is proposing this rule to implement Amendment 14 to the FMP, a permit stacking program for limited entry permits with sablefish endorsements.  These regulations would lengthen the duration of the major limited entry, fixed gear season for sablefish and provide participation requirements for that season.  This proposed rule is based on recommendations of the Council, under the authority of the Pacific Coast Groundfish FMP and the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).  Implementing Amendment 14 would significantly increase safety in the fishery, allow individual fishery participants to more fully use their existing vessel capacity, and reduce overall capacity in the primary fixed gear sablefish fishery.  The background and rationale for the Council's recommendations are summarized here.  Further detail appears in the EA/RIR prepared by the Council for Amendment 14.
        Background
        For many years, sablefish harvested by the limited entry, fixed gear fleet has been separated into a small, year-round daily trip limit fishery and a two-part “primary” fishery.  Annually, about 85 percent of the limited entry fixed gear sablefish allocation is taken in the primary fishery.  The two parts of the primary fishery have been the “regular” season, which was a derby fishery until 1997, and the “mop-up” season to take any primary season sablefish not taken in the regular season.  Prior to 1997, the Council managed harvest in the regular season by setting the season length short enough to ensure that the fishery would not exceed its quota.  During the regular season, there were no cumulative sablefish limits for participating vessels.  The mop-up season was commonly 2 weeks in duration, with each participant allowed to fish against a small, vessel-specific cumulative limit.  Over time, sablefish fleet capitalization increased and the Council needed to set ever shorter regular seasons to control catch levels.  By 1996, the regular season was just 5 days long.
        Concern for the safety of participants in the sablefish derby led the Council to develop Amendment 9 to the FMP, a sablefish endorsement program for limited entry permit holders.  Amendment 9, implemented in 1997, limited the number of vessels allowed to participate in the primary (regular + mop-up) fixed gear sablefish fishery.  Limited entry permit holders with at least 16,000 lb (7,257 kg) of sablefish landed in any one year from 1984 through 1994 received sablefish endorsements.  This program was intended to restrict primary fishery participation to those permit holders with historical participation in and dependence upon the sablefish fishery.  Today, 164 limited entry permit holders have sablefish endorsements.
        The Council saw the sablefish endorsement as a first step in improving management of the limited entry, fixed gear primary sablefish fishery.  In 1998, NMFS implemented the Council’s next step, which was to manage the season with a three-tiered cumulative limit regime (63 FR 38101, July 15, 1998.)  For the three-tier system, the Council divided sablefish endorsement holders into three tiers based on historical landings associated with their permits.  During the limited entry fixed gear regular season, a participant has been allowed to land an amount of sablefish up to the cumulative limit associated with his/her permit’s tier.
        To qualify for the highest tier, Tier 1, a permit had to be associated with at least 898,000 lb (407.33 mt) of sablefish landings made from 1984 through 1994.  To qualify for the middle tier, Tier 2, a permit had to be associated with between 380,000 lb (172.36 mt) and 897,999 lb (407.33 mt) of sablefish landings made from 1984 through 1994.  Permits with sablefish endorsements that were associated with less than 380,000 lb (172.36 mt) of sablefish landings from 1984 through 1994 qualified for the lowest tier, Tier 3.  The three-tier system also set a between-tier ratio to describe the relationship between the cumulative limits that would be available to each tier during the regular season.  That ratio is 1 (Tier 3): 1.75 (Tier 2):3.85 (Tier 1).  For example, if Tier 3 had a cumulative limit of 10,000 lb (4,536 kg), Tier 2 would have a corresponding cumulative limit of 17,500 lb (7,938 kg), and Tier 1 would have a corresponding cumulative limit of 38,500 lb (17,463 kg).

        The three-tier system has been in place since the 1998 season and has somewhat slowed the pace of the fishery and the rate of capitalization in the fishery.  Vessels owners no longer have an incentive to increase their fishing speed because they are limited in how much sablefish they can catch by the tiered cumulative limits.  Even under the three-tier system, however, the Council continued to constrain regular season harvest by setting a short duration season, followed by the longer mop-up season.  Three-tier system regulations set the regular fishery at no more than 10 days in duration.
        A fishery where all participants have the opportunity to catch a cumulative limit and are all able to catch that limit is an Individual Fishing Quota (IFQ) fishery as defined by the Magnuson-Stevens Act.  The Magnuson-Stevens Act includes a moratorium on the implementation of new IFQ programs.  To avoid having its three-tier management program classified as an IFQ program, the Council set short season lengths intended to prevent all participants from catching their cumulative limits.  Cumulative limits were also set high, to ensure that some participants would not attain those limits during the short season.  To provide a resource conservation buffer against the possibility that more vessels than expected would meet their cumulative limits in the regular season, the Council set season lengths and cumulative limits to take 80-87 percent of the primary season quota.  Any quota not taken in the regular season as a result of this buffer was available during the mop-up season as an equal cumulative limit for all participating vessels.  This conservative management provision successfully kept the primary season within its quota for the 1998-2000 three-tier seasons.
        The moratorium on new IFQ programs has been extended to October 1, 2002 (Pub.  L. 106-553.)  However, Congress exempted from the moratorium a Pacific Council IFQ program for the fixed gear sablefish fishery that: (1) allows the use of more than one limited entry groundfish permit per vessel; and/or (2) sets cumulative trip limit periods, up to 12 months in any calendar year, that allow fishing vessels a reasonable opportunity to harvest the full amount of the associated trip limits.  At its  November 2000 meeting, the Council recommended a permit stacking program that met the moratorium exemption requirements.
        Permit Stacking and Amendment 14
        Amendment 14 to the FMP, which the Council adopted at its November 2000 meeting, would introduce a permit stacking program to the limited entry, fixed gear primary season.  Under this permit stacking program, a vessel owner would be allowed to register more than one sablefish-endorsed permit for use with his/her vessel to harvest the cumulative limits associated with each of the stacked permits.  This is referred to as stacking permits.  Current groundfish regulations associate cumulative limits with vessels, so that no vessel may take more than one cumulative limit of a particular species during a single cumulative limit period.  Amendment 14 would associate the sablefish cumulative limits of the three-tier system with permits.  A vessel carrying more than one permit could harvest  more than one sablefish cumulative limit per cumulative limit period.
        By exempting the Pacific Coast fixed gear permit stacking program from the IFQ moratorium,  Congress removed the need to set short seasons designed to prevent participants from catching their full cumulative limits.  The initial season recommendation is for an April through October season, which would allow participants ample time to catch their full sablefish cumulative limits.  In 2001, the season would run from August 15 through October 31, a significant improvement over the brief seasons of past years.  Under Amendment 14, the primary season would no longer be separated into regular and mop-up sub-seasons because the Council would simply divide the overall quota available to the fishery among the participants with the expectation that each vessel would be able to take its cumulative limits.  With this increased harvest control, the Council would not need to use the traditional buffer of a mop-up season to prevent over-harvest in a regular season.  Amendment 14 would also eliminate the need for the pre- and post-season closure periods that the Council used to control regular season sablefish harvest rates.  The 48-hour pre-season closure requires that all participating vessels keep their gear out of the water, to prevent vessels from fishing in advance of the start time.  The 36-hour post-season closure allows vessels to fish up until the last minute of the season end time, and then unload their catch during the closure period without penalty.
        Beyond the basic provisions of allowing vessels to harvest more than one sablefish cumulative limit during the season and lengthening the season, Amendment 14 includes numerous provisions for managing the permit stacking program.  There is not enough time to implement all of these provisions for the 2001 season.  The provisions not included in this proposed rule will be implemented for the 2002 season by another rule.
        Gear Endorsements
        Each limited entry permit has a gear endorsement for trawl, longline, or pot.  Most permits have only one gear endorsement, although there are a few with more than one gear endorsement.  A permit’s gear endorsement indicates the gear that a vessel registered to the permit may use to participate in the limited entry fishery.  Of the 164 permits with sablefish endorsements, 131 permits have longline endorsements, 1 has both a longline and trawl endorsement, 27 have pot endorsements, 1 has both a pot and trawl endorsement, and 4 have both longline and pot endorsements.  The relatively small number of pot permits limits the permit market for vessels that fish with pot gear.  In developing Amendment 14, the Council decided that it wanted to provide flexibility for vessel owners  wishing to stack permits, regardless of whether they use longline or pot gear.
        Amendment 14 would allow a vessel owner to stack permits with different gear endorsements together, allowing the vessel to fish for sablefish with any of the fixed gears endorsed on at least one of the stacked permit.  For example, a pot vessel could own a pot permit with a sablefish endorsement and a longline permit with a sablefish endorsement, and then fish against the cumulative limits associated with each permit using pot gear.  A vessel could not participate in the primary sablefish fishery using any gear other than the fixed gear indicated on at least one of the permits associated with that vessel.  If one of the permits registered for use with a vessel includes a trawl endorsement in addition to the required fixed gear endorsement, and if that permit’s length endorsement is equal to or greater than that of the base permit, the vessel may continue to use trawl gear, but not in the fixed gear fishery.  In such a case, if the permit is registered for use with a vessel more than 5 ft (1.52 m) shorter than the length endorsement on the trawl endorsed permit, the trawl endorsed permit would not be subject to trawl permit size reduction requirements at § 660.333 (h)(2).  These provisions would be implemented for the 2001 fishery via this action.
        Separating and “Unstacking” Permits

        Under Amendment 14, a permit owner who has stacked multiple permits on a single vessel may separate, or “unstack,” those permits from each other and transfer those permits individually to another vessel.  That is, once two or more permits have been stacked together, they are not required to remain permanently stacked.  The Council supported this provision because it will allow permit holders flexibility for moving permits within the fleet.  If Amendment 14 had required stacked permits to remain permanently stacked, it would have been more effective at permanently removing effort from the sablefish fishery.  However, Council members felt that a requirement for permanent stacking would have been a disincentive to stack permits, particularly because there is uncertainty whether permits will include other species endorsements or IFQs in the future.  Thus, this provision of Amendment 14 is intended to provide an incentive for vessels to stack permits to decrease the number of vessels in the fishery, while allowing permit holders flexibility for the future.
        As discussed earlier, the permit stacking program would associate sablefish cumulative limits in the primary fishery with permits rather than with vessels.  This means that if a vessel owner unstacks and transfers a permit associated with his/her vessel during the primary season, the next vessel using that permit would only have access to that portion of the sablefish cumulative limit not caught by the first vessel.  Provisions to allow unstacking and to require association of cumulative limits with permits for purposes of transferring permits with sablefish endorsements would be implemented for the 2001 season via this action.
        Ownership Controls
        One of the Council’s concerns in developing Amendment 14 was that, without controls, a permit stacking program could allow a few permit owners to control most of the sablefish catch and landings in the primary fishery.  In IFQ programs where percentage of ownership has not been restricted, like the Atlantic surf clam fishery, a few large corporations own most of the access privileges for the fishery.  The Council wanted to maintain the traditional character of the primary sablefish fishery, which has historically consisted of small business owners operating vessels throughout the length of the West Coast.
        In 2000, approximately 139 vessels participated in the primary fishery.  During the 2000 primary season, 136 people owned sablefish endorsed permits, which meant that some persons owned more than one of the 164 sablefish endorsed permits.  As of November 1, 2000, 2 people owned 5 permits, 3 people owned 3 permits, and 14 people owned 2 permits.  The Council included several provisions in Amendment 14 intended to prevent a small number of permit owners from controlling access to the primary sablefish fishery.
        First, Amendment 14 would allow permit holders to stack no more than three permits on any one vessel.  As there are 164 permits with sablefish endorsements, the restriction to no more than three permits per vessel would make the minimum fleet size 55 vessels.  Permit transfers must be made through the NMFS Northwest Region Fisheries Permits Office, so the agency will be able to track the number of permits registered for use with each vessel participating in the fishery.  This provision would be implemented for the 2001 season through this proposed action.
        Second, no person would be allowed to have ownership interest in more than three permits with sablefish endorsements.  Both persons owning a whole permit outright and persons owning a portion of a corporation or partnership where the corporation or partnership is the permit-owning entity would be subject to this provision.  When the Council finalized Amendment 14, there were some permit owners who already owned more than three permits.  People (including partnerships and corporations) who had an ownership interest in more than three permits with sablefish endorsements on November 1, 2000, would not be allowed to accumulate more permits, but neither would they be required to sell their excess permits.  NMFS announced this restriction in an Advance Notice of Proposed Rulemaking on April 3, 2001 (66 FR 17681).  This “grandfathering” of the privilege to own more than three permits would last only for as long as a permit holder owns the particular permits that he/she owned as of November 1, 2000.  This provision would be implemented for the 2001 season in that the Fisheries Permits Office will monitor ownership levels with information that it can obtain from public records.  NMFS will collect ownership information on permit-owning partnerships and corporations during the 2002 season.
        Third, only individual (human) persons would be allowed to own limited entry permits with sablefish endorsements.  Corporations and partnerships that owned permits with sablefish endorsements as of November 1, 2000, could continue to own the permits as corporations and partnerships.  Exemptions for a particular corporation or partnership that owned permits on November 1, 2000, would cease with a change in the identity of that corporation or partnership.  Amendment 14 requires that  permits be owned by individuals to increase the probability that harvest privileges would remain under the ownership of fishers within local fishing communities.  Requiring that permits be owned by an individual would not restrict other aspects of the business operation from being organized as a partnership, corporation or other type of legal entity.  This provision would be implemented for the 2001 season in that the Fisheries Permits Office would not transfer a permit to a partnership or corporation that did not own a permit as of November 1, 2000.  This provision will be fully implemented for the 2002 season by another rule.
        Fourth, Amendment 14 would require that permit owners be on board the vessel when the vessel is participating in the primary sablefish fishery.  Persons, partnerships or corporations who were owners of permits with sablefish endorsements as of November 1, 2000, would again have the grandfathered privilege to be exempt from this requirement.  During the primary fishery, grandfathered permit owners would not have to be on board the vessel during the primary fishery.  However, permit owners acquiring permits after November 1, 2000, would be required to be on board the vessel while participating in the primary fishery.  This provision is intended to ensure that permits are owned by persons within the fishing community who will fish their permits, rather than leasing them out to others.  Like the requirement that permit owners be individual human persons, the owner-on-board requirement is designed to retain the character of the fishery as one populated by small businessmen who work their own vessels, rather than allow absentee owners to control the fishery.  Amendment 14 allows NMFS to grant exemptions from the owner-on-board requirement for medical and personal emergencies beyond the control of the permit owner.  NMFS does not have time to implement the owner-on-board requirement for the 2001 season.  This requirement will be implemented for the 2002 season by another rule.
        Cumulative Limits for Groundfish Fisheries Outside of the Primary Sablefish Fishery

        Under Amendment 14, only the tiered sablefish cumulative limits for the primary fishery would be associated with permits rather than with vessels.  This means that a vessel with more than one permit will still be allowed only one cumulative limit per cumulative limit period of any species except sablefish taken in the primary fishery.  Vessels participating in the daily trip limit fishery for sablefish will also be subject to a single daily trip limit and a single monthly or two-month cumulative limit per vessel.  These provisions are intended to allow the permit stacking program to consolidate some of the effort in the groundfish fishery.  A vessel owner who wishes to carry more than one permit on his/her vessel will have to buy or lease a permit from another vessel owner.  The vessel owner who sells or leases his permit would be removing his/her vessel from the entire groundfish fishery while the recipient vessel owner will only be able to harvest multiple cumulative limits in the primary sablefish fishery.  Thus, permit stacking will result in fewer limited entry vessels participating in groundfish fisheries for species other than sablefish.  This provision would be implemented for the 2001 season.
        Daily Trip Limit Fishery for Sablefish
        Under Amendment 9 to the FMP, the limited entry sablefish daily trip limit fishery may not occur during either the regular or mop-up seasons that make up the limited entry, fixed gear primary sablefish fishery.  This provision was essentially an enforcement measure intended to prevent permit holders without sablefish endorsements from trying to access the larger sablefish cumulative limits associated with the regular and mop-up fisheries.  However, the effect of that provision has mainly been to eliminate some of the confusion of having multiple unendorsed vessels on the water during the rapid pace derby.  Most enforcement activities occur after the fact, when investigators check landings records and processor receipts to ensure that vessels are landing amounts appropriate to their permits.  At-dock enforcement efforts would include checking permits for sablefish endorsements and any suspected forgery would be investigated after the landing.
        Restricting unendorsed vessels to participating in the daily trip limit fishery only outside of the regular and mop-up seasons is not overly burdensome when those fisheries together take up 3-4 weeks per year.  Under Amendment 14, however, the primary season would be 3 months duration in 2001 and 6 months duration in 2002 and beyond.  To ensure that the limited entry daily trip limit fishery could continue throughout the longer primary season, Amendment 14 removed the Amendment 9 prohibition.  This change is not expected to significantly affect enforcement practices and will relieve a burden for permit holders wishing to participate in the daily trip limit fishery.  This provision would be implemented for the 2001 season.
        Processing Sablefish At Sea
        Amendment 14 would prohibit participants in the primary sablefish fishery from processing their sablefish at sea.  A longer sablefish season would give vessels the opportunity to slow their fishing operations and have more time to dress their catch.  Many sablefish fishers dress their catch at sea, removing the head and entrails from the sablefish before landing it at processing plants.  Most West Coast sablefish is sold frozen in headed-and-gutted form to Japanese markets.  Processing a sablefish involves either receiving a whole fish and heading and gutting it or receiving a headed-and-gutted fish, and then further cleaning and bleeding the headed-and-gutted fish.  These headed-and-gutted, cleaned fish are glazed with an ice-water wash and then frozen for market.  Although processing sablefish that is already headed-and-gutted is not as demanding as processing species that require filleting, processors ensure that West Coast marketed sablefish meets the high standards of Japanese fish buyers.
        In prohibiting primary fishery participants from landing processed sablefish, the Council wished to ensure that allowing a longer sablefish primary season would not deprive processing plants of a traditional income opportunity.  The Council also wanted to discourage the large longlining catcher-processors that operate off Alaska from entering into the West Coast sablefish fishery.  In addition to changing the character of the fishery and eliminating an income opportunity for shore-based processors, allowing at-sea processing could complicate efforts to monitor sablefish landings.  A vessel that processes its catch at sea could also sell that fish at sea, which could make enforcement of individual vessel quotas difficult.  This prohibition would not preclude a primary fishery participant from processing his/her sablefish catch once that catch has been landed on shore, and then marketing that catch without the aid of a processing plant.
        In past primary fisheries, very few vessels have landed fully processed sablefish.  Because there are some permit owners that have done so, however, the Council wished to also provide grandfathering privileges to exempt those permit owners from the prohibition on at-sea sablefish processing.  Amendment 14 would allow permit owners who can prove that they landed at least 2,000 lb (907 kg) of frozen sablefish in one year of 1998, 1999, or 2000 to continue to land processed or frozen sablefish in future primary fisheries.  NMFS does not have enough time to determine a permit owner’s qualification for the grandfathered privilege to land frozen sablefish for the 2001 season.  Thus, for 2001, primary fishery vessels would not be prohibited from processing their sablefish catch at sea.  This prohibition and the associated grandfathering allowance will be implemented for the 2002 season by another rule.
        Fees
        NMFS is required under Section 304(d)(2) of the Magnuson-Stevens Act to collect fees from participants in an IFQ program to recover the actual costs directly related to the management and enforcement of the program.  These fees shall not exceed 3 percent of the ex-vessel value of sablefish harvested under this IFQ program, to be collected as landings fees.  NMFS has not yet analyzed the cost of managing and enforcing this program and will be better able to predict this cost with data from the 2001 primary season.  This required fee system will be implemented for the 2002 season by another rule.
        Classification
        At this time, NMFS has not determined whether Amendment 14, which this proposed rule would implement, is consistent with the national standards of the Magnuson-Stevens Act and other applicable laws.  NMFS, in making that determination, will take into account the data, views, and comments received during the comment period.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        The Council prepared an initial regulatory flexibility analysis that describes the effect this proposed rule, if adopted, would have on small entities as follows:

        This proposed rule would primarily affect the owners of the 164 limited entry permits with sablefish endorsements, with some minor positive effects on the 66 permit holders without sablefish endorsements.  These permit holders use longline or pot gear to participate in the limited entry, primary sablefish fishery.  Most sablefish endorsed longline vessels are under 50 ft(15.24 m) in length while most sablefish endorsed pot vessels are over 50 ft (15.24 m) in length.  While there is a statistical relationship between size of vessel and amount of sablefish harvest, there are smaller sablefish vessels (under 40 ft) (12.192 m) that catch as much and more than larger vessels each year.  All of the permit owners and vessels in the Pacific Coast, limited entry, fixed gear fleet are considered small entities under Small Business Administration (SBA) standards.
        Amendment 14 would significantly improve the safety of the primary fishery for participating vessels.  Under the current management system, the primary fishery is less than 10 days long- a brief and intense fishery.  This proposed rule would lengthen the fishery to 3 months duration in 2001 and a rule to be implemented in 2002 would extend the season to 6 months duration for the future.  Participants would have the opportunity to fish against their tiered cumulative limits at a more safe and rational pace than in past years.  Changes to expenses associated with participating in the fishery could be both positive and negative.  Vessel owners would likely hire fewer crew members if they do not have to fish in the same rapid-pace manner.  Similarly, participants would have fewer gear costs, because they would not be trying to maximize catch over a brief period.  However, if these vessel owners catch their cumulative limits over a longer period of time, they may take more trips to do so and thereby use more fuel to catch the same amount of fish.  The major financial benefit to fishery participants would be that they would have more flexibility in deciding where and how to distribute operating expenses.
        Permit owners who decide to purchase additional permits to have access to more sablefish within the primary season will have to contend with the initial cost of those additional permits.  Some of the permit owners who have not participated in the primary season in past years may decide to sell their permits and will receive compensation for leaving the fishery.
        In the past, limited entry permit holders without sablefish endorsements have been prohibited from participating in the daily trip limit fishery during the primary (regular + mop-up) season.  Amendment 14 would revise the FMP to allow the daily trip limit fishery to occur during the primary season.  This change would relieve a burden for limited entry permit holders without sablefish endorsements and allow them to schedule their sablefish fishing at their convenience.

        On the whole, Amendment 14 is expected to bring greater operational safety and more business planning flexibility to the participants in both the primary sablefish fishery and the daily trip limit fishery for sablefish.  A copy of the RFA analysis for this action is available from the Council (see ADDRESSES).

          List of Subjects in 50 CFR Part 660
          Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping requirements.

          Dated: June 4, 2001.
          William T. Hogarth,
          Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.

          For the reasons set out in the preamble, 50 CFR part 660 is proposed to be amended as follows:

            PART 660—FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC

          l. The authority citation for part 660 continues to read as follows:

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

          2. In § 660.302, a new definition for “Ownership interest” is added to read as follows:

            § 660.302
            Definitions.

              Ownership interest, with respect to a sablefish endorsed permit, means participation in ownership of a corporation, partnership or other entity that owns a sablefish endorsed permit.  Participation in ownership does not mean owning stock in a publicly owned corporation.

          3. In § 660.306, paragraphs (s) and (t) are revised to read as follows:

            § 660.306
            Prohibitions.

            (s) Take, retain, possess or land sablefish under the cumulative limits provided for the “primary” limited entry, fixed gear sablefish season, described in § 660.323(a)(2), from a vessel that is not registered to a limited entry permit with a sablefish endorsement.
            (t) Take, retain, possess, or land more than a single cumulative limit of a particular species, per vessel, per applicable cumulative limit period, except for sablefish taken in the “primary” limited entry, fixed gear sablefish season from a vessel authorized under § 660.323 (a)(2)(i) to participate in that season, as described at § 660.323(a)(2)(ii)(C).

          4.  In § 660.323, paragraph (a)(2) is revised to read as follows:

            § 660.323
            Catch restrictions.
            (a) * * *
            (2) Fixed gear sablefish. This paragraph (a)(2) applies to the primary season for the fixed gear limited entry sablefish fishery north of 36° N. lat., except for paragraph (a)(2)(iii)  of this section, which also applies to the open access fishery north of 36° N. lat.  Limited entry and open access fixed gear sablefish fishing south of 36° N. lat. is governed by routine management measures imposed under paragraph (b) of this section.
            (i) Sablefish endorsement. A vessel may not participate in the primary season for the fixed gear limited entry fishery, unless the vessel’s owner holds (by ownership or otherwise) at least one limited entry permit for that vessel, affixed with both a gear endorsement for longline or trap (or pot) gear, and a sablefish endorsement.  Permits with sablefish endorsements are assigned to one of three tiers, as described at § 660.336.
            (ii) Primary season—limited entry, fixed gear sablefish fishery. (A) Season dates. North of 36° N. lat., the primary sablefish season for limited entry, fixed gear vessels will begin on August 1 and end on October 31.  Unless otherwise announced, the primary season will begin and end at 12 noon, l.t.
            (B) Gear type. During the primary season and when fishing against primary season cumulative limits, each vessel authorized to participate in that season under paragraph (a)(2)(i) of this section may fish for sablefish with any of the gear types, except trawl gear, endorsed on at least one of the permits registered for use with that vessel.
            (C) Cumulative limits. (1)  A vessel participating in the primary season will be constrained by the sablefish cumulative limit associated with each of the permits registered for use with that vessel.  The Regional Administrator will annually calculate the size of the cumulative trip limit for each of the three tiers associated with the sablefish endorsement such that the ratio of limits between the tiers is approximately 1:1.75:3.85 for Tier 3: Tier 2: and Tier 1, respectively.  The size of the cumulative trip limits will vary depending on the amount of sablefish available for the primary fishery.  The size of the cumulative trip limits for the three tiers in the primary fishery will be announced in the Federal Register each year before the fishery opens.

              (2) During the primary season, each vessel authorized to participate in that season under paragraph (a)(2)(i) of this section may take, retain, possess, and land sablefish, up to the cumulative limits for each of the permits registered for use with that vessel.  If multiple limited entry permits with sablefish endorsements are registered for use with a single vessel, that vessel may land up to the total of all cumulative limits announced in the Federal Register for the tiers for those permits, except as limited by paragraph (a)(2)(ii)(c)(3) of this section.  Up to 3 permits may be registered for use with a single vessel during the primary season; thus, a single vessel may not take and retain, possess or land more than 3 primary season sablefish cumulative limits in any one year.  A vessel registered for use with multiple limited entry permits is subject to per vessel limits for species other than sablefish, and to per vessel limits when participating in the daily trip limit fishery for sablefish under paragraph (a)(2)(iii) of this section.

              (3) If a permit is registered to more than one vessel during the primary season in a single year, the second vessel may only take the portion of the cumulative limit for that permit that has not been harvested by the first vessel to which the permit is registered.  The combined primary season sablefish landings for all vessels registered to that permit may not exceed the cumulative limit for the tier associated with that permit.

              (4) A cumulative trip limit is the maximum amount of sablefish that may be taken and retained, possessed, or landed per vessel in a specified period of time, with no limit on the number of landings or trips.
            (iii) Limited entry daily trip limit fishery. (A)  Before the start of the primary season, all sablefish landings made by a vessel authorized under paragraph (a)(2)(i) of this section to participate in the primary season will be subject to the restrictions and limits of the limited entry daily trip limit fishery for sablefish, which is governed by routine management measures imposed under paragraph (b) of this section.
            (B) Following the start of the primary season, all landings made by a vessel authorized under paragraph (a)(2)(i) of this section to participate in the primary season will count against the primary season cumulative limit(s) associated with the permit(s) registered for use with that vessel.  Once a vessel has reached its total cumulative allowable sablefish landings for the primary season under paragraph (a)(2)(ii)(C) of this section, any subsequent sablefish landings by that vessel will be subject to the restrictions and limits of the limited entry daily trip limit fishery for sablefish for the remainder of the calendar year.
            (C) Vessels registered for use with a limited entry, fixed gear permit that does not have a sablefish endorsement may participate in the limited entry, daily trip limit fishery for as long as that fishery is open during the year, subject to routine management measures imposed under paragraph (b) of this section.
            (D) Open access vessels may participate in the limited entry, daily trip limit fishery for as long as that fishery is open during the year, subject to the routine management measures imposed under paragraph (b) of this section.
            (iv) Trip limits. Trip and/or frequency limits may be imposed in the limited entry fishery on vessels that are not participating in the primary season, under paragraph (b) of this section.  Trip and/or size limits to protect juvenile sablefish in the limited entry or open-access fisheries also may be imposed at any time under paragraph (b) of this section.  Trip limits may be imposed in the open-access fishery at any time under paragraph (b) of this section.

          5.  In § 660.333, paragraphs (a), (f)(1), and (h)(1)(i) are revised, and new paragraphs (h)(3) and (j) are added to read as follows:

            § 660.333
            Limited entry fishery—general.
            (a) General. Participation in the limited entry fishery requires that the owner of a vessel hold (by ownership or otherwise) a limited entry permit affixed with a gear endorsement registered for use with that vessel for the gear being fished.  A sablefish endorsement is also required for a vessel to participate in the primary seasons for the nontrawl, limited entry sablefish fishery, north of 36° N. lat.  There are three types of gear endorsements: trawl, longline, and pot (or trap.)  More than one type of gear endorsement may be affixed to a limited entry permit.  While participating in the limited entry fishery, the vessel registered to the limited entry permit is authorized to fish the gear(s) endorsed on the permit.  While participating in the limited entry, primary fixed gear fishery for sablefish described at § 660.323(a)(2), a vessel registered to more than one limited entry permit is authorized to fish with any gear, except trawl gear, endorsed on at least one of the permits registered for use with that vessel.  During the limited entry fishery, permit holders may also fish with open access gear; except that vessels fishing against primary sablefish season cumulative limits described at § 660.323(a)(2)(ii)(C) may not fish for sablefish with open access gear.

            (f) Transfers. * * *
            (1) The permit owner may convey (by sale, assignment, lease, bequest, intestate succession, barter, trade, gift, or other form of conveyance) the limited entry permit to a different person.  The new permit owner will not be authorized to use the permit until the change in permit ownership has been registered with and approved by the SFD.  The SFD will not approve a change in permit ownership for limited entry permits with sablefish endorsements that does not meet the ownership requirements for those permits described at § 660.336(e).

            (h) Vessel size endorsements—(1) General. (i) If the permit is registered for use with a trawl vessel that is more than 5 ft (1.52 m) shorter than the size for which the permit is endorsed, it will be endorsed for the size of the smaller vessel.  This requirement does not apply to a permit with a sablefish endorsement that is endorsed for both trawl and either longline or pot gear and which is registered for use with a longline or pot gear vessel for purposes of participating in the limited entry primary fixed gear sablefish fishery described at § 660.323(a)(2).

            (3) Size endorsement requirements for sablefish endorsed permits. Notwithstanding paragraphs (h)(1) and (2) of this section, when multiple permits are “stacked” on a vessel as described in paragraph (j) of this section, only one of the permits must meet the size requirements of those sections.  Any additional permits that are stacked for use with a vessel participating in the limited entry primary fixed gear sablefish fishery may be registered for use with a vessel more than 5 ft (1.52 m) longer or shorter than the size endorsed on the permit.

            (j)“Stacking” Limited Entry Permits.  “Stacking” limited entry permits, refers to registering more than one permit for use with a single vessel.  Only limited entry permits with sablefish endorsements may be “stacked.”  Up to three limited entry permits with sablefish endorsements may be registered for use with a single vessel during the primary sablefish season described at § 660.323(a)(2)(ii).  Privileges, responsibilities, and restrictions associated with stacking permits to participate in the primary sablefish fishery are described at § 660.323(a)(2) and at § 660.336(e).

          6.  In § 660.336, paragraphs (a) and (e) are revised to read as follows:

            § 660.336
            Limited entry permits—sablefish endorsement and tier assignment.
            (a) General. Participation in the limited entry fixed gear sablefish fishery during the primary season described in § 660.323 (a)(2) north of 36° N. lat., requires that an owner of a vessel hold (by ownership or lease) a limited entry permit, registered for use with that vessel, with a longline or trap (or pot) endorsement and a sablefish endorsement.  Up to three permits with sablefish endorsements may be registered for use with a single vessel.  Limited entry permits with sablefish endorsements are assigned to one of three different cumulative trip limit tiers, based on the qualifying catch history of the permit.

            (e) Ownership requirements and limitations. (1)  No partnership or corporation may own a limited entry permit with a sablefish endorsement unless that partnership or corporation owned a limited entry permit with a sablefish endorsement on November 1, 2000.  Otherwise, only individual human persons may own limited entry permits with sablefish endorsements.
            (2) No person, partnership, or corporation may have ownership interest in more than three permits with sablefish endorsements, except for persons, partnerships, or corporations that had ownership interest in more than 3 permits with sablefish endorsements as of November 1, 2000.  The exemption from the maximum ownership level of 3 permits only applies to ownership of the same permits that were owned on November 1, 2000.  Persons, partnerships or corporations that had ownership interest in more than 3 permits with sablefish endorsements as of November 1, 2000, may not acquire additional permits beyond those owned on November 1, 2000, until they own fewer than 3 permits; at that time they may not exceed the ownership cap of 3 permits.
            (3) A partnership or corporation will lose the exemptions provided in paragraphs (e)(1) and (2) of this section on the effective date of any change in the corporation or partnership from that which existed on November 1, 2000.  A “change” in the partnership or corporation means a change in the corporate or partnership membership, except a change caused by the death of a member providing the death did not result in any new members.  A change in membership is not considered to have occurred if a member becomes legally incapacitated and a trustee is appointed to act on his behalf, nor if the ownership of shares among existing members changes, nor if a member leaves the corporation or partnership and is not replaced.  Changes in the ownership of publicly held stock will not be deemed changes in ownership of the corporation.

      [FR Doc. 01-14517 Filed 6-7-01; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 0907281181-91191-01]
        RIN 0648-AX93
        Fisheries of the Northeastern United States; Modification to the Gulf of Maine/Georges Bank Herring Midwater Trawl Gear Authorization Letter

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

          ACTION:
           Proposed rule; reopening of comment period.

          SUMMARY:
           NMFS reopens for 6 days the comment period on the proposed rule to modify the requirements of the Gulf of Maine/Georges Bank (GOM/GB) Herring Midwater Trawl Gear Letter of Authorization (LOA) for midwater trawl vessels issued All Areas and/or Areas 2 and 3 Atlantic herring limited access permits fishing in Northeast (NE) multispecies Closed Area I (CA I).

          DATES:
           The deadline for written comments on the September 4, 2009 (74 FR 45798), proposed rule is reopened through September 27, 2009.

          ADDRESSES:
           You may submit comments, identified by 0648-AX93, by any one of the following methods:

          • Electronic Submissions: Submit all electronic public comments via the 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, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: “Modification to GOM/GB Midwater Trawl LOA.”
          • Fax: (978) 281-9135.

          Instructions: All comments received are 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 PDF formats only.

          FOR FURTHER INFORMATION CONTACT:
           Douglas Potts, Fishery Policy Analyst, (978) 281-9341, fax (978) 281-9135.

        SUPPLEMENTARY INFORMATION:
        Background
        The New England Fishery Management Council (Council) voted at its April 8, 2009, Council meeting to request that the NMFS Northeast Regional Administrator modify the GOM/GB Herring Midwater Trawl Gear LOA to require midwater trawl vessels fishing in CA I to have 100-percent observer coverage; be prohibited from slipping codends (the practice of opening the codend of the net and releasing the catch before all of it is brought on board); and be required to pump aboard the vessel all fish caught, to allow sampling by the observer.

        On September 4, 2009, the proposed rule to implement the Council's requested expanded observer coverage published in the Federal Register (74 FR 45798) with a 15-day comment period that closed on September 21, 2009. NMFS has received several requests from members of the fishing industry to extend the comment period until after the Council meeting on September 22-24, 2009. Therefore, to allow for additional public comment to be submitted after this proposed action is discussed at the Council meeting, NMFS is reopening the comment period on the proposed rule through September 27, 2009.

          Dated: September 21, 2009.
          James W. Balsiger,
          Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.

      [FR Doc. E9-23063 Filed 9-23-09; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF HOMELAND SECURITY
        Federal Emergency Management Agency
        44 CFR Part 67
        [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1072]
        Proposed Flood Elevation Determinations

          AGENCY:
          Federal Emergency Management Agency, DHS.

          ACTION:
          Proposed rule.

          SUMMARY:
          Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

          DATES:
          Comments are to be submitted on or before December 7, 2009.

          ADDRESSES:
          The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is available for inspection at the community's map repository. The respective addresses are listed in the table below.

          You may submit comments, identified by Docket No. FEMA-B-1072, to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov.

          FOR FURTHER INFORMATION CONTACT:

          Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov.

        SUPPLEMENTARY INFORMATION:
        The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
        These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.
        Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent.

          National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

          Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

          Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.

          Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132.

          Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988.

          List of Subjects in 44 CFR Part 67
          Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.

        Accordingly, 44 CFR part 67 is proposed to be amended as follows:

          PART 67—[AMENDED]
          1. The authority citation for part 67 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.

            § 67.4
            [Amended]
            2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

                Flooding source(s)
                Location of referenced elevation**
                * Elevation in feet (NGVD)+ Elevation in feet (NAVD)
                  # Depth in feet above ground
                  ⁁ Elevation in meters (MSL)

                Effective
                Modified
                Communities affected

                  Napa County, California, and Incorporated Areas

                Napa Creek
                At the confluence with Napa River
                +22
                +18
                City of Napa.

                Approximately 100 feet upstream of Jefferson Street
                +35
                +34

                Napa River (With Levee)
                Approximately 715 feet west of intersection of State Route 121 and East Avenue
                +28
                +27
                City of Napa, Unincorporated Areas of Napa County.

                Approximately 1,530 feet southwest of intersection of State Route 121 and Woodland Drive
                +32
                +29

                Napa River (Without Levee)
                Approximately 0.5 mile downstream of Imola Avenue
                +13
                +12
                City of Napa, Unincorporated Areas of Napa County.

                Approximately 1,230 feet downstream of confluence of Soda Creek
                +47
                +46

                Napa River Oxbow Overflow
                At the confluence with Tulucay Creek
                +18
                +16
                City of Napa, Unincorporated Areas of Napa County.

                Approximately 0.39 mile upstream of Soscol Avenue
                +22
                +19

                Ponding Areas with elevations determined (AH Zones)
                Extensive ponding areas, in roadways south of Salvador creek (lowest elevation)
                None
                +76

                Salvador Creek
                At the confluence with Napa River
                +33
                +31
                City of Napa, Unincorporated Areas of Napa County.

                Approximately 100 feet upstream of State Highway 29
                None
                +75

                Salvador Creek North Branch
                At the confluence with Salvador Creek
                None
                +75
                City of Napa, Unincorporated Areas of Napa County.

                Approximately 0.8 mile upstream of confluence with Salvador Creek
                None
                +93
                Unincorporated Areas of Napa County.

                Salvador Creek South Branch
                At the confluence with Salvador Creek
                None
                +75
                City of Napa.

                Approximately 1,365 feet upstream of Salvador Creek
                None
                +76

                Shallow Flooding (AO Zone)
                Shallow flooding area, approximately 425 feet northeast of intersection of Imola Avenue and Gasser Drive
                +15
                #1
                City of Napa.

                Shallow flooding area, approximately 1,400 feet northeast of intersection of Imola Avenue and Gasser Drive
                +17
                #2

                Tulucay Creek
                At the confluence with Napa River
                +18
                +15
                City of Napa.

                Approximately 560 feet upstream of Shurtleff Avenue
                +37
                +38
                Unincorporated Areas of Napa County.

                * National Geodetic Vertical Datum.

                + North American Certical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BEFs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Napa

                Maps are Available for inspection at the City of Napa Public Works Department, 1600 1st Street, Napa, CA 94559.

                  Unincorporated Areas of Napa County

                Maps are available for inspection at the Napa County Public Works Department, 1195 3rd Street, Suite 201, Napa, CA 94559.

                  New London County, Connecticut (All Jurisdictions)

                Four Mile River
                Approximately 200 feet downstream of Breached Dam
                +11
                +10
                Town of Old Lyme.

                Approximately 1,200 feet upstream of I-95
                +51
                +52

                Long Island Sound
                Approximately 3,100 feet south of the intersection of Dimmock Road and Great Neck RoadApproximately 375 feet southwest of the intersection of Lindberg Road and Oak Street

                None
                  +13

                +14
                  +15

                Town of East Lyme, Borough of Stonington, City of Groton, City of New London Noank Fire District, Town of Groton, Town of Old Lyme, Town of Stonington, Town of Waterford.

                Shunock River
                Just upstream of Pendleton Hill Road
                None
                +29
                Town of Stonington.

                Approximately 400 feet upstream of Pendleton Hill Road
                None
                +30

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Borough of Stonington

                Maps are available for inspection at the Borough Hall, 26 Church Street, Stonington, CT 06378.

                  City of Groton

                Maps are available for inspection at the City Municipal Building, 295 Meridian Street, Groton, CT 06340.

                  City of New London

                Maps are available for inspection at City Hall, 181 State Street, New London, CT 06320.

                  Noank Fire District

                Maps are available for inspection at 45 Fort Hill Road, Groton, CT 06340.

                  Town of East Lyme

                Maps are available for inspection at the Town Hall, 108 Pennsylvania Avenue, Niantic, CT 06357.

                  Town of Groton

                Maps are available for inspection at the Town Hall, 175 Shennecossett Parkway, Groton, CT 06340.

                  Town of Old Lyme

                Maps are available for inspection at the Old Lyme Memorial Town Hall, 52 Lyme Street, Old Lyme, CT 06371.

                  Town of Stonington

                Maps are available for inspection at the Town Hall, 152 Elm Street, Stonington, CT 06378.

                  Town of Waterford

                Maps are available for inspection at the Town Hall, 15 Rope Ferry Road, Waterford, CT 06385.

                  McDuffie County, Georgia, and Incorporated Areas

                Boggy Gut Creek
                Approximately 2.35 miles upstream of Harlem Wrens Road
                None
                +429
                Unincorporated Areas of McDuffie County.

                Approximately 3.13 miles upstream of Harlem Wrens Road
                None
                +483

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of McDuffie County

                Maps are available for inspection at 504 Railroad Street, Thomson, GA 30824.

                  Murray County, Georgia, and Incorporated Areas

                Holly Creek
                Approximately 0.77 mile downstream of CSX Railroad
                None
                +717
                City of Chatsworth.

                Approximately 0.4 mile upstream of State Highway 52/U.S. Route 76
                +730
                +729

                Mill Creek
                Approximately 750 feet downstream of U.S. Highway 411
                None
                +720
                Town of Eton.

                Approximately 1,300 feet upstream of State Route 286/Old CCC Camp Road
                None
                +733

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Chatsworth

                Maps are available for inspection at City Hall, 400 North 3rd Avenue, Chatsworth, GA 30705.

                  Town of Eton

                Maps are available for inspection at Eton City Hall, 3464 Highway 411 North, Eton, GA 30724.

                  Troup County, Georgia, and Incorporated Areas

                Shoal Creek
                Approximately 2,350 feet upstream of Youngs Mill Road
                None
                +649
                City of Lagrange.

                Approximately 100 feet downstream of Hammett Road
                None
                +661

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Lagrange

                Maps are available for inspection at City Hall, 200 Ridley Avenue, Lagrange, GA 30240.

                  Nantucket County, Massachusetts (All Jurisdictions)

                Atlantic Ocean
                Along the shoreline, approximately 115 feet from the intersection of Bartlett Farm Road and West Macomet Road
                None
                +8
                Town of Nantucket.

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Town of Nantucket

                Maps are available for inspection at the Town Building Annex, 16 Broad Street, Nantucket, MA 02554.

                  Alcorn County, Mississippi, and Incorporated Areas

                Elam Creek
                Approximately 123 feet downstream of South Harper Road
                None
                +421
                City of Corinth.

                Just downstream of County Road 701
                None
                +483

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Corinth

                Maps are available for inspection at City Hall, 300 Childs Street, Corinth, MS 38834.

                  Yalobusha County, Mississippi, and Incorporated Areas

                Enid Lake
                Entire shoreline (within county)
                None
                +274
                Unincorporated Areas of Yalobusha County, City of Water Valley.

                Grenada Lake
                Entire shoreline (within county)
                None
                +237
                Unincorporated Areas of Yalobusha County, Town of Coffeeville.

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Water Valley

                Maps are available for inspection at City Hall, 101 Blackmur Drive, Water Valley, MS 38965.

                  Town of Coffeeville

                Maps are available for inspection at the Town Hall, 14615 Depot Street, Coffeeville, MS 38922.

                  Unincorporated Areas of Yalobusha County

                Maps are available for inspection at the County Courthouse, 201 Blackmur Drive, Water Valley, MS 38965.

                  Chittenden County, Vermont (All Jurisdictions)

                Browns River
                Approximately 1,500 feet upstream of Brown River Road (Route 128)
                None
                +354
                Town of Essex, Town of Jericho, Town of Underhill, Town of Westford.

                Approximately 100 feet upstream of Stevensville Road
                +822
                +819

                Winooski River
                Approximately 450 feet upstream of Essex Road (Park Street) Bridge
                +284
                +286
                Town of Bolton, Town of Essex, Town of Jericho, Town of Richmond, Town of Williston, Village of Essex Junction.

                Approximately 1,500 feet upstream from the Central Vermont Railroad
                +352
                +356

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                **BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Town of Bolton

                Maps are available for inspection at the Town Hall, 3045 Theodore Roosevelt Highway, Bolton, VT 05676.

                  Town of Essex

                Maps are available for inspection at the Town Hall, 81 Main Street, Essex Junction, VT 05452.

                  Town of Jericho

                Maps are available for inspection at the Town Hall, 67 Vermont Route 15, Jericho, VT 05465.

                  Town of Richmond

                Maps are available for inspection at the Town Hall, 203 Bridge Street, Richmond, VT 05477.

                  Town of Underhill

                Maps are available for inspection at the Town Hall, 12 Pleasant Valley, Underhill Center, VT 05490.

                  Town of Westford

                Maps are available for inspection at the Town Office, 1713 Vermont Route 128, Westford, VT 05494.

                  Town of Williston

                Maps are available for inspection at the Town Hall, 7900 Williston Road, Williston, VT 05495.

                  Village of Essex Junction

                Maps are available for inspection at Lincoln Hall, 2 Lincoln Street, Essex Junction, VT 05452.

              (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

            Deborah S. Ingram,
            Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

      [FR Doc. E9-21472 Filed 9-4-09; 8:45 am]
      BILLING CODE 9110-12-P