        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 21
        [Docket No. FWS-HQ-MB-2018-0080; FF09M21200-190-FXMB1231099BPP0]
        RIN 1018-BD74
        Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule.

          SUMMARY:
          We, the U.S. Fish and Wildlife Service (Service), propose to amend the depredation order that allows take of resident Canada geese at agricultural facilities by authorized personnel between May 1 and August 31. This time period is too restrictive in portions of the Atlantic Flyway where specific crops are now being planted and depredated prior to May 1. Under this proposal, we would allow take of resident Canada geese at agricultural facilities in the Atlantic Flyway States of Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia between April 1 and August 31.

          DATES:
          Comments on this proposed rule must be received by August 26, 2019.

          ADDRESSES:

            Document availability: You may obtain copies of the related environmental assessment at http://www.regulations.gov in Docket No. FWS-HQ-MB-2018-0080.

            Comment submission: You may submit comments by either one of the following methods. Please do not submit comments by both.
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. FWS-HQ-MB-2018-0080.
          • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-HQ-MB-2018-0080; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

          We will not accept email or faxes. We will post all comments on http://www.regulations.gov, including any personal information you provide. See Public Comments, below, for more information.

          FOR FURTHER INFORMATION CONTACT:
          Paul I. Padding, Atlantic Flyway Representative, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 11510 American Holly Drive, Laurel, MD 20708; (301) 497-5851.

        SUPPLEMENTARY INFORMATION:
        Authority and Responsibility
        Migratory birds are protected under four bilateral migratory bird treaties that the United States entered into with Great Britain (for Canada in 1916, as amended in 1999), the United Mexican States (1936, as amended in 1972 and 1999), Japan (1972, as amended in 1974), and the Soviet Union (1978). Regulations allowing the take of migratory birds are authorized by the Migratory Bird Treaty Act (Act; 16 U.S.C. 703−712), which implements the above-mentioned treaties. The Act provides that, subject to and to carry out the purposes of the treaties, the Secretary of the Interior is authorized and directed to determine when, to what extent, and by what means allowing hunting, killing, and other forms of taking of migratory birds, their nests, and eggs is compatible with the conventions. The Act requires the Secretary to implement a determination by adopting regulations permitting and governing those activities.
        Canada geese are federally protected by the Act because they are listed as migratory birds in all four treaties. Because Canada geese are covered by all four treaties, regulations must meet the requirements of the most restrictive of the four. For Canada geese, this is the treaty with Canada. All regulations concerning resident Canada geese are compatible with its terms, with particular reference to Articles II, V, and VII.
        Each treaty not only permits sport hunting, but permits the take of migratory birds for other reasons, including scientific, educational, propagative, or other specific purposes consistent with the conservation principles of the various Conventions. More specifically, Article VII, Article II (paragraph 3), and Article V of “The Protocol Between the Government of the United States of America and the Government of Canada Amending the 1916 Convention between the United Kingdom and the United States of America for the Protection of Migratory Birds in Canada and the United States” provides specific limitations on allowing the take of migratory birds for reasons other than sport hunting. Article VII authorizes permitting the take, killing, etc., of migratory birds that, under extraordinary conditions, become seriously injurious to agricultural or other interests. Article V relates to the taking of nests and eggs, and Article II, paragraph 3, states that, in order to ensure the long-term conservation of migratory birds, migratory bird populations shall be managed in accord with listed conservation principles.
        The other treaties are less restrictive. The treaties with both Japan (Article III, paragraph 1, subparagraph (b)) and the Soviet Union (Article II, paragraph 1, subparagraph (d)) provide specific exceptions to migratory bird take prohibitions for the purpose of protecting persons and property. The treaty with Mexico requires, with regard to migratory game birds, only that there be a “closed season” on hunting and that hunting be limited to 4 months in each year.
        Regulations governing the issuance of permits to take, capture, kill, possess, and transport migratory birds are promulgated at title 50 of the Code of Federal Regulations (CFR), parts 13, 21, and 22, and are issued by the Service. The Service annually promulgates regulations governing the take, possession, and transportation of migratory game birds under sport hunting seasons at 50 CFR part 20. Regulations regarding all other take of migratory birds (except for eagles) are published at 50 CFR part 21, and typically are not changed annually.
        Background
        In November 2005, the Service published a final environmental impact statement (FEIS) on management of resident Canada geese that documented resident Canada goose population levels “that are increasingly coming into conflict with people and causing personal and public property damage” (see the FEIS' notice of availability at 70 FR 69985; November 18, 2005).
        On August 10, 2006, we published in the Federal Register (71 FR 45964) a final rule establishing regulations at 50 CFR parts 20 and 21 authorizing State wildlife agencies, private landowners, and airports to conduct (or allow) indirect and/or direct population control management activities to reduce, manage, and control resident Canada goose populations in the continental United States and to reduce related damages. Those activities include a depredation order that allows take of resident Canada geese at agricultural facilities by authorized personnel between May 1 and August 31, and the destruction of resident Canada goose nests and eggs between March 1 and June 30, at 50 CFR 21.51.
        On June 20, 2019, we published in the Federal Register (84 FR 28769) a final rule to amend our Canada goose depredation and control orders, including the depredation order at 50 CFR 21.51, to allow destruction of resident Canada goose nests and eggs at any time of year.
        This Proposed Rule
        The time periods set forth at 50 CFR 21.51(d)(4) for take of resident Canada geese at agricultural facilities are too restrictive in portions of the Atlantic Flyway where specific crops are now being planted and depredated prior to May 1. This proposed rule would amend the depredation order at 50 CFR 21.51 to allow authorized personnel to take resident Canada geese at agricultural facilities in the Atlantic Flyway States of Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia between April 1 and August 31, thereby enabling agricultural producers to protect crops planted in early spring from depredation by resident Canada geese.
        Environmental Assessment
        We prepared an environmental assessment (EA) that is tiered to the 2005 FEIS, specifically to the actions pertaining to control of resident Canada geese at agricultural facilities that were proposed under Alternative E (Control and Depredation Order Management; pages II-12-13). Those actions were subsequently implemented through the depredation order at 50 CFR 21.51, under Alternative F (Integrated Damage Management and Population Control; pages II-13-15). The EA analyzed three alternative courses of action to address crop depredation by resident Canada geese in Atlantic Flyway States in April:
        (1) Maintain the current date restrictions on the take of geese as specified in regulations at 50 CFR 21.51(d)(4) (No action);
        (2) Expand the time period during which Canada geese may be taken under 50 CFR 21.51(d)(4) to April 1 through August 31, in the Atlantic Flyway States of Delaware, Florida, Georgia, Maryland, North Carolina, South Carolina, Virginia, and West Virginia; and
        (3) Expand the time period during which Canada geese may be taken under 50 CFR 21.51(d)(4) to April 1 through August 31, in the Atlantic Flyway States of Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia (Proposed action).
        The full EA can be found on our website at http://www.fws.gov/birds or at http://www.regulations.gov at Docket No. FWS-HQ-MB-2018-0080.
        Public Comments

        You may submit your comments and supporting materials by one of the methods listed in ADDRESSES. We will not consider comments sent by email or fax, or written comments sent to an address other than the one listed in ADDRESSES. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, are available for public inspection at http://www.regulations.gov. We will post your entire comment—including your personal identifying information—on http://www.regulations.gov. You may request at the top of your document that we withhold personal information such as your street address, phone number, or email address from public review; however, we cannot guarantee that we will be able to do so.
        Required Determinations
        Regulatory Planning and Review (Executive Orders 12866 and 13563)
        Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant.
        Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this proposed rule in a manner consistent with these requirements.
        Regulatory Flexibility Act
        Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small businesses, small organizations, and small government jurisdictions. However, no regulatory flexibility analysis is required if the head of an agency certifies the rule would not have a significant economic impact on a substantial number of small entities.
        SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for “significant impact” and a threshold for a “substantial number of small entities.” See 5 U.S.C. 605(b).
        The economic impacts of this proposed rule would primarily affect agricultural producers, but the impacts would be beneficial to those entities because their crops would be afforded better protection. Data are not available to estimate the exact number of agricultural facilities that would benefit from this proposed rule, but it is unlikely to be a substantial number at the Atlantic Flyway-wide scale. Therefore, we certify that, if adopted as proposed, this rule will not have a significant economic impact on a substantial number of small entities.
        Small Business Regulatory Enforcement Fairness Act
        This proposed rule is not a major rule under SBREFA (5 U.S.C. 804(2)). It would not have a significant impact on a substantial number of small entities.
        This rule would not have an annual effect on the economy of $100 million or more. This rule would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. Finally, this rule would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the abilities of U.S.-based enterprises to compete with foreign-based enterprises.
        Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs

        This proposed rule is expected to be an Executive Order (E.O.) 13771 (82 FR 9339, February 3, 2017) deregulatory action because it would relieve a restriction in 50 CFR part 21.

        Unfunded Mandates Reform Act

        In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), we have determined the following:
        a. This proposed rule would not “significantly or uniquely” affect small government activities. A small government agency plan is not required.
        b. This proposed rule would not produce a Federal mandate on local or State government or private entities. Therefore, this action is not a “significant regulatory action” under the Unfunded Mandates Reform Act.
        Takings
        In accordance with E.O. 12630, this proposed rule does not contain a provision for taking of private property, and would not have significant takings implications. A takings implication assessment is not required.
        Federalism
        This proposed rule would not interfere with the States' abilities to manage themselves or their funds. We do not expect any economic impacts to result from this proposed revision to the regulations. This rule would not have sufficient Federalism effects to warrant preparation of a federalism summary impact statement under E.O. 13132.
        Civil Justice Reform
        In accordance with E.O. 12988, the Office of the Solicitor has determined that the proposed rule will not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
        Paperwork Reduction Act

        This proposed rule does not contain new collections of information that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has approved the information collection requirements associated with the control and management of resident Canada geese at 50 CFR part 20 and 50 CFR part 21, and assigned OMB Control Number 1018-0133 (expires May 31, 2019, and in accordance with 5 CFR 1320.10, an agency may continue to conduct or sponsor this collection of information while the submission is pending at OMB). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
        National Environmental Policy Act

        We have analyzed this proposed rule in accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and U.S. Department of the Interior regulations at 43 CFR part 46. We have completed an environmental assessment of the proposed amendment of the depredation order that would allow take of resident Canada geese at agricultural facilities in Atlantic Flyway States from April 1 through August 31; that environmental assessment is included in the docket for this proposed rule. We conclude that our proposed action would have the impacts listed below under Environmental Consequences of the Action. The docket for this proposed rule is available at http://www.regulations.gov under Docket No. FWS-HQ-MB-2018-0080.
        Environmental Consequences of the Action
        The expected additional take of resident Canada geese would have minimal impact to the overall population status of resident Canada geese in any participating State or the Atlantic Flyway as a whole. Based on the current average annual take (in the listed States) of 2,233 Canada geese under 50 CFR 21.51, we expect an additional 558 Canada geese to be taken during the month of April in participating States. This is based on an assumed average of a similar number of geese taken each month. There is the potential for take of migrant Canada geese in more northern areas of the flyway. Assuming that 50 percent of the expected additional take in April are migrants, the take of migrant Canada geese under this alternative would be 279 geese. Population-level impacts to any individual population of migrant geese would be minimal.

          Socioeconomic. This proposed action is expected to have a net positive impact on the socioeconomic environment by reducing crop depredation at localized agricultural sites. Individual agricultural producers in participating States will be afforded some additional relief from injurious Canada geese.

          Endangered and threatened species. The proposed rule would not affect endangered or threatened species or critical habitats.
        Compliance With Endangered Species Act Requirements

        Section 7 of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), requires that “The Secretary [of the Interior] shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act” (16 U.S.C. 1536(a)(1)). It further states that “[e]ach Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat” (16 U.S.C. 1536(a)(2)). The proposed rule would not affect endangered or threatened species or critical habitats.
        Government-to-Government Relationship With Tribes
        In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), E.O. 13175, and 512 DM 2, we have evaluated potential effects on federally recognized Indian tribes and have determined that there are no potential effects. This proposed rule would not interfere with the tribes' abilities to manage themselves or their funds or to regulate migratory bird activities on tribal lands.
        Clarity of This Proposed Rule
        We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:
        (a) Be logically organized;
        (b) Use the active voice to address readers directly;
        (c) Use clear language rather than jargon;
        (d) Be divided into short sections and sentences; and
        (e) Use lists and tables wherever possible.

        If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.
        Energy Supply, Distribution, or Use (E.O. 13211)
        E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This proposed rule is not a significant regulatory action under E.O. 13211, and would not significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action. No Statement of Energy Effects is required.

          List of Subjects in 50 CFR part 21
          Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife.

        Proposed Regulation Promulgation
        For the reasons stated in the preamble, we hereby propose to amend part 21, of subchapter B, chapter I, title 50 of the Code of Federal Regulations, as set forth below:

          PART 21—MIGRATORY BIRD PERMITS

        1. The authority citation for part 21 continues to read as follows:

          Authority:
          16 U.S.C. 703-712.

        2. Amend § 21.51 by revising paragraph (d)(4) to read as follows:

          § 21.51
          Depredation order for resident Canada geese at agricultural facilities.

          (d) * * *
          (4) Under this section, authorized agricultural producers and their employees and agents may:

          (i) Conduct management and control activities, involving the take of resident Canada geese, as follows:

              Where
              When

              (A) In the Atlantic Flyway States of Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia
              Between April 1 and August 31.

              (B) In the Mississippi and Central Flyway portions of these States: Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming
              Between May 1 and August 31.

          (ii) Destroy the nests and eggs of resident Canada geese at any time of year.

          Dated: June 13, 2019.
          Karen Budd-Falen,
          Deputy Solicitor for Parks and Wildlife, exercising the authority of the Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 2019-13485 Filed 6-24-19; 8:45 am]
      BILLING CODE 4333-15-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 300
        [Docket No. 160104009-6314-01]
        RIN 0648-BF65
        International Fisheries; Tuna and Tuna-Like Species in the Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid Rays

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:

          NMFS proposes regulations under the Tuna Conventions Act to implement Resolution C-15-04 (Resolution on the Conservation of Mobulid Rays Caught in Association with Fisheries in the IATTC Convention Area) of the Inter-American Tropical Tuna Commission (IATTC). Per the Resolution, this rule would prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. In accordance with the Resolution, the proposed rule also includes requirements for release of mobulid rays. This proposed rule would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act. This action is necessary for the United States to satisfy its obligations as a member of the IATTC.

          DATES:
          Comments on the proposed rule and supporting documents must be submitted in writing by May 23, 2016.

          ADDRESSES:
          You may submit comments on this document, identified by NOAA-NMFS-2016-0035, by any of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0035, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to Rachael Wadsworth, NMFS West Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier “NOAA-NMFS-2016-0035” in the comments.

            Instructions: Comments must be submitted by one of the above methods to ensure they are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will 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).

          Copies of the draft Regulatory Impact Review and other supporting documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2016-0035 or by contacting the Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-0070, or RegionalAdministrator.WCRHMS@noaa.gov.

          FOR FURTHER INFORMATION CONTACT:
          Rachael Wadsworth, NMFS, West Coast Region, 562-980-4036.

        SUPPLEMENTARY INFORMATION:
        Background on the IATTC

        The United States is a member of the IATTC, which was established under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission. In 2003, the IATTC adopted the Convention for the Strengthening of the IATTC Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention). The Antigua Convention entered into force in 2010. The United States acceded to the Antigua Convention on February 24, 2016. The full text of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.

        The IATTC consists of 21 member nations and four cooperating non-member nations and facilitates scientific research into, as well as the conservation and management of, tuna and tuna-like species in the IATTC Convention Area. The IATTC Convention Area is defined as waters of the eastern Pacific Ocean (EPO) within the area bounded by the west coast of the Americas and by 50° N. latitude, 150° W. longitude, and 50° S. latitude. The IATTC maintains a scientific research and fishery monitoring program and regularly assesses the status of tuna, sharks, and billfish stocks in the EPO to determine appropriate catch limits and other measures deemed necessary to promote sustainable fisheries and prevent the overexploitation of these stocks.
        International Obligations of the United States Under the Antigua Convention

        As a Party to the Antigua Convention and a member of the IATTC, the United States is legally bound to implement certain decisions of the IATTC. The Tuna Conventions Act (16 U.S.C. 951 et seq.), as amended on November 5, 2015, by Title II of Public Law 114-81, directs the Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard for the Secretary of the Department of Homeland Security, to promulgate such regulations as may be necessary to carry out the United States' international obligations under the Antigua Convention, including recommendations and decisions adopted by the IATTC. The authority of the Secretary of Commerce to promulgate such regulations has been delegated to NMFS.
        Resolution on Mobulid Rays
        The IATTC adopted Resolution C-15-04 at its 89th meeting in July 2015 in response to the IATTC scientific staff's conservation recommendations related to requirements for release of mobulid rays and concern for the mortality of mobulid rays caught in the IATTC Convention Area. The main objective of Resolution C-15-04 is to promote conservation of mobulid rays by reducing incidental catch mortalities in IATTC fisheries in the EPO.

        U.S. commercial fishing vessels in the EPO do not target mobulid rays or commonly catch mobulid rays incidentally. Five species of mobulid rays are typically caught in the EPO: The giant manta ray (Manta birostris) and the Chilean (Mobula tarapacana), Munk's (M. munkiana), spinetail (M. japanica), and smoothtail (M. thurstoni) devil rays. The International Union for Conservation of Nature's Red List of Threatened Species categorizes the giant manta ray as vulnerable, while the Munk's devil ray and the smoothtail devil ray are categorized as near threatened. The Chilean devil ray and the spinetail devil ray are considered data deficient. In 2013, the giant manta ray was listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora as an Appendix II species.

        The Resolution calls for IATTC members and cooperating non-members (CPCs) to prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. The Resolution provides an exemption in cases where a mobulid ray is unintentionally caught and frozen as part of a purse seine vessel's operation. In that case, the Resolution provides that the vessel owner or operator must surrender the whole mobulid ray to a responsible governmental authority at the point of landing. This provision of the Resolution is implemented in the proposed regulations in consideration of the fact that the U.S. Government does not have the authority or the ability to regulate foreign government authorities. Consequently, NMFS proposes that U.S. purse seine vessel owners or operators that unintentionally catch and freeze a mobulid ray would be required to show the observer the mobulid ray, and then dispose of the mobulid ray at the direction of the governmental authority. Mobulid rays surrendered in this manner may not be sold or bartered, but may be donated for purposes of domestic human consumption.

        The Resolution also requires that any mobulid ray (whether live or dead) caught in the IATTC Convention Area be promptly released unharmed, to the extent practicable, as soon as it is seen in the net, on the hook, or on the deck, without compromising the safety of any persons. Per the Resolution, the requirements for release include prohibitions on the gaffing of mobulid rays, the lifting of mobulid rays by the gill slits or spiracles, and the punching of holes through the bodies of mobulid rays (e.g., to pass a cable through for lifting the mobulid ray). Specific to purse seine vessels, the Resolution also provides that large mobulid rays must be brailed out of the net using methods such as those recommended in Poisson et al. 2012,1

           which details safe practices to reduce the mortality of sharks and rays caught incidentally by tropical tuna purse seiners. Per the Resolution, large mobulid rays that cannot be released without compromising the safety of persons or the mobulid ray before being landed on deck must be returned to the water as soon as possible, preferably utilizing a ramp from the deck connecting to an opening on the side of the boat, or, if no such ramp is available, lowered with a sling or net. Poisson et al. describe the latter process of lowering a mobulid ray by using a piece of net or plastic canvas that can be lifted by the crane. The minimum size for the sling or net must be at least 25 feet in diameter. Poisson et al. further recommend that the crew, owner, or operator be prohibited from using bind wire tightly around the mobulid rays' body or inserting wire into their skin in order to tow or lift mobulid rays.

            1 Poisson, F., A.L. Vernet, B. Séret, and L. Dagorn. 2012. Good practices to reduce the mortality of sharks and rays caught incidentally by the tropical tuna purse seiners. EU FP7 project #210496 MADE, Deliverable 6.2., 30p. Available online: https://www.wcpfc.int/system/files/EB-IP-12-Good-practices-reduce-mortality-sharks-and-rays-caught-incidentally-tropical-tuna-purse-sei.pdf.

        The Resolution requires the number of discards and releases of mobulid rays, indicating the status (dead or alive) to be recorded, through observer programs. Any mobulid ray disposed of, at the direction of the responsible governmental authority, must also be recorded. Observers on U.S. commercial fishing vessels for drift gillnet and longline gear in the IATTC Convention Area already record the catch and release status of mobulid rays. However, observers on purse seine vessels have only been recording the release of dead mobulid rays and will now be required to record the release of live mobulid rays.
        The requirements of the Resolution do not apply to small-scale and artisanal fisheries that fish exclusively for domestic consumption and are flagged/registered by a developing CPC. Because the United States is not a developing nation, this exclusion need not be implemented in U.S. regulations.
        Proposed Regulations for Mobulid Rays

        This proposed rule would implement Resolution C-15-04, described above, for U.S. commercial fishing vessels used in the IATTC Convention Area. First, the proposed rule would prohibit any part or whole carcass of a mobulid ray caught by vessels owners or operators in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. Second, the proposed rule would require that the crew, operator, and owner of a U.S. commercial fishing vessel must promptly release unharmed, to the extent practicable, any mobulid ray (whether live or dead) caught in the IATTC Convention Area as soon as it is seen in the net, on the hook, or on the deck, without compromising the safety of any persons. If a mobulid ray is live when caught, the crew, operator, and owner of a U.S. commercial fishing vessel must follow the requirements for release that are described in the description of the Resolution (above) and incorporated into regulatory text. Regulations at 50 CFR 300.25 already require purse seine vessels to release all rays, except those being retained for consumption aboard the vessel, as soon as practicable after being identified on board the vessel during the brailing operation. This proposed rule would revise regulations at 50 CFR 300.25 to specify that there are other regulatory release requirements specifically for mobulid rays, as described above.
        Third, the proposed rule would provide an exemption in the case of any mobulid ray caught in the IATTC Convention Area on an observed purse seine vessel that is not seen during fishing operations and is delivered into the vessel hold. In this circumstance, the mobulid ray may be stored on board and landed, but the vessel owner or operator must show the whole mobulid ray to the observer at the point of landing, and then dispose of the mobulid ray at the direction of the responsible government authority. In U.S. ports the responsible governmental authority is NOAA Office of Law Enforcement, Western Division or Pacific Islands Division, or other authorized personnel. Mobulid rays that are caught and landed in this manner may not be sold or bartered, but may be donated for purposes of domestic human consumption consistent with relevant laws and policies. NMFS is soliciting public comment on other possible methods of use for mobulid rays, including donation for scientific purposes or discard.

        In addition, this proposed rule would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act (16 U.S.C. 951 et seq.) made by title II of Public Law 114-81 (November 5, 2015). The proposed rule would update the purpose and scope in § 300.20 by clarifying that the regulations in the subpart are issued under the “amended” authority of the Tuna Conventions Act of 1950, and that the regulations implement “recommendations and other decisions” of the IATTC for the conservation and management of stocks of “tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species” in the IATTC Convention Area. The description of how NOAA implements IATTC recommendations and decisions by rulemaking in § 300.25 would also be revised to clarify that the Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard for the Secretary of the Department of Homeland Security, may promulgate such regulations as may be necessary to carry out the U.S. international obligations. In addition, to improve the readability of the regulatory text, this action would move several paragraphs of regulatory text related to bycatch in § 300.25(e) to a new § 300.27 that would be dedicated to incidental catch and retention requirements. Several paragraphs in the prohibitions at § 300.24 would be updated for consistency with the new section.
        Classification
        The NMFS Assistant Administrator has determined that this proposed rule is consistent with the Tuna Conventions Act and other applicable laws, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        There are no new collection-of-information requirements associated with this action that are subject to the Paperwork Reduction Act (PRA), and existing collection-of-information requirements still apply under the following Control Numbers: 0648-0148, 0648-0214, and 0648-0593. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection-of-information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid Office of Management and Budget control number.
        Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The rationale for the certification is provided in the following paragraphs.
        As described previously in the SUPPLEMENTARY INFORMATION section, the proposed regulations would implement IATTC Resolution C-15-04, which would establish restrictions on mobulid rays as detailed above. The proposed regulations would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act. Alternatively, the absence of the proposed action would not implement the Resolution or update the codified text.

        On June 12, 2014, the Small Business Administration issued an interim final rule revising the small business size standards for several industries effective July 14, 2014 (79 FR 33467). The rule increased the size standard for Finfish Fishing from $19.0 million to $20.5 million, Shellfish Fishing from $5.0 million to $5.5 million, and Other Marine Fishing from $7.0 million to $7.5 million. NMFS conducted its analysis for this action in light of the new size standards. NMFS considers all entities subject to this action to be small entities as defined by both the former, lower size standards and the revised size standards. The small entities that would be affected by the proposed action are all U.S. commercial fishing vessels that may be used for IATTC fisheries in the IATTC Convention Area (i.e., purse seine, longline, and large-mesh drift gillnet (DGN)).
        There are two components to the U.S. tuna purse seine fishery in the EPO: (1) Purse seine vessels with at least 363 metric tons (mt) of fish hold volume (size class 6 vessels) that typically have been based in the western and central Pacific Ocean (WCPO), and (2) coastal purse seine vessels with smaller fish hold volume that are based on the U.S. West Coast. As of March 10, 2016, there are 15 size class 6 purse seine vessels on the IATTC Regional Vessel Register. The number of size class 6 purse seine vessels on the IATTC Regional Vessel Register has increased substantially in the past two years, due in part to uncertainty regarding fishing access pursuant to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America (aka the South Pacific Tuna Treaty). In recent years, size class 6 purse seine vessels have landed most of the yellowfin, skipjack, and bigeye tuna catch in the EPO. Estimates of ex-vessel revenues for size class 6 purse seine vessels in the IATTC Convention Area since 2005 are confidential and may not be publicly disclosed because of the small number of vessels in the fishery. Since 2010, fewer than three coastal purse seine vessels targeted tunas; therefore, their landings and revenue are confidential. In 2014, eight coastal purse seine vessels landed 1,413 mt of tuna (ex-vessel value of about $1,535,000) in west coast ports.

        Participation in the large-mesh DGN fishery has declined significantly over the years, from 78 vessels in 2000 to 18 in 2013. The large-mesh DGN fishery primarily targets swordfish and to a lesser extent common thresher shark. During 2003 to 2014, the average ex-vessel value of the landings by the large mesh DGN fishery remained near $1.8 million per year.
        U.S. West Coast vessels with deep-set longline gear primarily target tuna species with a small percentage of swordfish and other highly migratory species taken incidentally. U.S. West Coast-based longline vessels fish primarily in the EPO and are currently restricted to fishing with deep-set longline gear outside of the U.S. West Coast EEZ. Given this restriction, there has been fewer than three west coast-based vessels operating out of southern California ports since 2005; therefore, landings and ex-vessel revenue are confidential. Recently, the number of Hawaii-permitted longline vessels that have landed in west coast ports has increased from one vessel in 2006 to 14 vessels in 2014. In 2014, 621 mt of highly migratory species were landed by Hawaii permitted longline vessels with an average ex-vessel revenue of approximately $247,857 per vessel.

        The available logbook data from 2005 to 2014 does not show a record of mobulid rays caught in fisheries without observers. In fisheries with observers only a few interactions have been recorded over that same time frame. Since at least 2005, the observer coverage rates on class size 6 vessels, large mesh DGN vessels, and deep-set longline vessels in the EPO have been a minimum of 100, 20, and 20 percent, respectfully. In addition, since 2005 the following interactions have been recorded on vessels with observers: three mobulid rays were caught on size class 6 purse seine vessels, all of which were discarded dead because the observers do not record the discard of mobulid rays that are alive when released; two Mobula spp. and one Manta spp. released dead onboard DGN vessels; and the live release of one giant manta ray, one Mobula spp., and two unspecified mobulid rays caught in the IATTC Convention area onboard longline vessels.
        The proposed action is not expected to have a significant economic impact on a substantial number of small entities. This action is not expected to change the typical fishing practices of affected vessels or the income of U.S. vessels because these vessels do not target mobulid rays, and do not commonly catch mobulid rays, even incidentally. In those rare situations when vessels owners and operators do catch mobulid rays, there would be some additional time burden for releasing them by implementing the release requirements. NMFS considers all entities subject to this action to be small entities as defined by both the former, lower size standards and the revised size standards. Because each affected vessel is a small business, this proposed action is considered to equally affect all of these small entities in the same manner. This action is not likely to increase the economic or record keeping and reporting burden on U.S. vessel owners and operators. Accordingly, vessel income is not expected to be altered as a result of this rule. As a result, an Initial Regulatory Flexibility Analysis is not required, and was not prepared for this proposed rule.

          List of Subjects in 50 CFR Part 300
          Fish, Fisheries, Fishing, Fishing vessels, International organizations, Marine resources, Reporting and recordkeeping requirements, Treaties.

          Dated: April 14, 2016.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 300 is proposed to be amended as follows:

          PART 300—INTERNATIONAL FISHERIES REGULATIONS

        1. The authority citation for part 300, subpart C, continues to read as follows:

          Authority:
           16 U.S.C. 951 et seq.

        2. Section 300.20 is revised to read as follows:

          § 300.20
          Purpose and scope.
          The regulations in this subpart are issued under the authority of the Tuna Conventions Act of 1950, as amended, (Act) and apply to persons and vessels subject to the jurisdiction of the United States. The regulations implement recommendations and other decisions of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of stocks of tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species in the IATTC Convention Area.

        3. In § 300.21, revise the introductory paragraph and add the definition for “Mobulid ray” in alphabetical order to read as follows:

          § 300.21
          Definitions.
          In addition to the terms defined in § 300.2, the Act, and the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention), the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, in the Act, or in the Antigua Convention, the definition in this section shall apply.

            Mobulid ray means any animal in the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.).

        4. In § 300.24, revise paragraphs (e), (f), (h), (t), (w), and (x) and add paragraphs (cc) and (dd) to read as follows:

          § 300.24
          Prohibitions.

          (e) Fail to retain any bigeye, skipjack, or yellowfin tuna caught by a fishing vessel of the United States of class size 4-6 using purse seine gear in the Convention Area as required under § 300.27(a).
          (f) When using purse seine gear to fish for tuna in the Convention Area, fail to release any non-tuna species as soon as practicable after being identified on board the vessel during the brailing operation as required in § 300.27(b).

          (h) Fail to use the sea turtle handling, release, and resuscitation procedures in § 300.27(c).

          (t) Use a U.S. fishing vessel to fish for HMS in the Convention Area and retain on board, transship, land, store, sell, or offer for sale any part or whole carcass of an oceanic whitetip shark (Carcharhinus longimanus) or fail to release unharmed, to the extent practicable, all oceanic whitetip sharks when brought alongside the vessel in contravention of § 300.27(d).

          (w) Set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) in contravention of § 300.27(e).
          (x) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in § 300.27(f).

          (cc) To retain on board, transship, store, land, sell, or offer for sale any part or whole carcass of a mobulid ray, as described in § 300.27(g).
          (dd) Fail to handle or release a mobulid ray as required in § 300.27(h).

        5. In § 300.25, revise paragraph (a), remove paragraph (e), and redesignate paragraphs (f) through (h) as (e) through (g), respectively, to read as follows:

          § 300.25
          Eastern Pacific fisheries management.
          (a) IATTC recommendations and decisions. The Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard, may promulgate such regulations as may be necessary to carry out the U.S. international obligations under the Convention, Antigua Convention, and the Act, including recommendations and other decisions adopted by the IATTC.

        6. Section 300.27 is added to subpart C to read as follows:

          § 300.27
          Incidental catch and tuna retention requirements.
          (a) Tuna retention requirements for purse seine vessels. Bigeye, skipjack, and yellowfin tuna caught in the Convention Area by a fishing vessel of the United States of class size 4-6 (more than 182 metric tons carrying capacity) using purse seine gear must be retained on board and landed, except for fish deemed unfit for human consumption for reasons other than size. This requirement shall not apply to the last set of a trip if the available well capacity is insufficient to accommodate the entire catch.
          (b) Release requirements for non-tuna species on purse seine vessels. All purse seine vessels must release all shark, billfish, ray (not including mobulid rays, which are subject to paragraph (g) of this section), dorado (Coryphaena hippurus), and other non-tuna fish species, except those being retained for consumption aboard the vessel, as soon as practicable after being identified on board the vessel during the brailing operation.
          (c) Sea turtle handling and release. All purse seine vessels must apply special sea turtle handling and release requirements, as follows:
          (1) Whenever a sea turtle is sighted in the net, a speedboat shall be stationed close to the point where the net is lifted out of the water to assist in release of the sea turtle;
          (2) If a sea turtle is entangled in the net, net roll shall stop as soon as the sea turtle comes out of the water and shall not resume until the sea turtle has been disentangled and released;
          (3) If, in spite of the measures taken under paragraphs (c)(1) and (2) of this section, a sea turtle is accidentally brought on board the vessel alive and active, the vessel's engine shall be disengaged and the sea turtle shall be released as quickly as practicable;
          (4) If a sea turtle brought on board under paragraph (c)(3) of this section is alive but comatose or inactive, the resuscitation procedures described in § 223.206(d)(1)(i)(B) of this title shall be used before release of the turtle.
          (d) Oceanic whitetip shark restrictions. The crew, operator, or owner of a fishing vessel of the United States used to fish for HMS in the Convention Area shall be prohibited from retaining on board, transshipping, landing, storing, selling, or offering for sale any part or whole carcass of an oceanic whitetip shark (Carcharhinus longimanus) and must release unharmed, to the extent practicable, all oceanic whitetip sharks when brought alongside the vessel.
          (e) Whale shark restrictions for purse seine vessels. Owners, operators, and crew of fishing vessels of the United States commercially fishing for tuna in the Convention Area may not set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) if the animal is sighted prior to the commencement of the set or the attempted set.
          (f) Whale shark release. The crew, operator, and owner of a fishing vessel of the United States commercially fishing for tuna in the Convention Area must release as soon as possible, any whale shark that is encircled in a purse seine net, and must ensure that all reasonable steps are taken to ensure its safe release.
          (g) Mobulid ray restrictions. The crew, operator, and owner of a U.S. commercial fishing vessel is prohibited from retaining on board, transshipping, storing, landing, selling, or offering for sale any part or whole carcass of a mobulid ray that is caught in the IATTC Convention Area, except as provided in the following sentence. In the case of any mobulid ray caught in the IATTC Convention Area on an observed purse seine vessel that is not seen during fishing operations and is delivered into the vessel hold, the mobulid ray may be stored on board and landed, but the vessel owner or operator must show the whole mobulid ray to the observer at the point of landing, and then dispose of the mobulid ray at the direction of the responsible government authority. In U.S. ports the responsible governmental authority is NOAA Office of Law Enforcement, Western Division or Pacific Islands Division, or other authorized personnel. Mobulid rays that are caught and landed in this manner may not be sold or bartered, but may be donated for purposes of domestic human consumption consistent with relevant laws and policies.
          (h) Mobulid ray handling and release. The crew, operator, and owner of a U.S. commercial fishing vessel must promptly release unharmed, to the extent practicable, any mobulid ray (whether live or dead) caught in the IATTC Convention Area as soon as it is seen in the net, on the hook, or on the deck, without compromising the safety of any persons. If a mobulid ray is live when caught, the crew, operator, and owner of a U.S. commercial fishing vessel must use the release procedures described in the following two paragraphs.

          (1) No mobulid ray may be gaffed, no mobulid ray may be lifted by the gill slits or spiracles or by using bind wire against or inserted through the body, and no holes may be punched through the bodies of mobulid ray (e.g., to pass a cable through for lifting the mobulid ray) .
          (2) Applicable to purse seine operations, large mobulid rays must be brailed out of the net by directly releasing the mobulid ray from the brailer into the ocean. Large mobulid rays that cannot be released without compromising the safety of persons or the mobulid ray before being landed on deck, must be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an opening on the side of the boat, or lowered with a sling or net, using a crane if available. The minimum size for the sling or net must be at least 25 feet in diameter.

      [FR Doc. 2016-09309 Filed 4-21-16; 8:45 am]
       BILLING CODE 3510-22-P


        DEPARTMENT OF HOMELAND SECURITY
        Federal Emergency Management Agency
        44 CFR Part 67
        [Docket No. FEMA-B-7459]
        Proposed Flood Elevation Determinations

          AGENCY:
          Federal Emergency Management Agency (FEMA), Department of Homeland Security.

          ACTION:
          Proposed rule.

          SUMMARY:
          Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

          DATES:
          The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.

          ADDRESSES:
          The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

          FOR FURTHER INFORMATION CONTACT:
          Doug Bellomo, P.E., Hazard Identification Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2903.

        SUPPLEMENTARY INFORMATION:
        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.

          National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared.

          Regulatory Flexibility Act. The Mitigation Division Director of the Federal Emergency Management Agency certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared.

          Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

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

          Executive Order 12988, Civil Justice Reform. This 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

          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
              Efffective
              Modified
              Communities affected

                Shoshone County, Idaho and Incorporated Areas

              Coeur d'Alene River:
              At western Shoshone County boundary approximately 800 feet South of Interstate Highway 90
              None
              +2149
              Shoshone County Unincorporated Areas.

              At western Shoshone County boundary on the landward side of the levee at community of Cataldo
              *2150
              +2155

              Approximately 15,000 feet upstream from the western Shoshone County boundary
              None
              +2164

              South Fork Coeur d'Alene River:
              Approximately 1500 feet downstream of Theatre Road
              *2221
              2225
              Shoshone County Unincorporated Areas.

              Just downstream of Elizabeth Park Road Bridge
              *2343
              +2343
              City of Kellogg, City of Smelterville.

              South Fork Coeur d'Alene River—North Overbank Reach through Kellogg:
              At west Brown Avenue west of Utah Street
              #3
              +2295
              Shoshone County Unincorporated Areas, City of Kellogg.

              Just north of Interstate Highway 90 after divergence from South Fork Coeur d'Alene River on Cameron Avenue East
              #2
              +2310

              South Fork Coeur d'Alene River—South Overbank North Swale Reach:
              At the City of Kellogg western corporate limit
              None
              +2243
              Shoshone County Unincorporated Areas, City of Kellogg.

              At divergence from South Fork Coeur d'Alene River. Just upstream of Interstate Highway 90 Bridge
              None
              +2284

              South Fork Coeur d'Alene River—South Overbank Smelterville Reach:
              Just South of Interstate Highway 90 bridge approximately 1000 feet upstream of Pine Creek confluence
              None
              +2198
              Shoshone County Unincorporated Areas.

              At confluence of Government Gulch
              None
              +2245
              City of Kellogg, City of Smelterville.

              South Fork Coeur d'Alene River—South Overbank South Kellogg Reach:
              Approximately 1000 feet downstream of Hill Street
              None
              +2284
              Shoshone County Unincorporated Areas, City of Kellogg.

              Approximately 150 feet downstream of divergence from South Fork Coeur d'Alene River, at Division Street
              None
              +2310

              South Fork Coeur d'Alene River—South Overbank South Swale Reach:
              Approximately 1500 feet upstream from western corporated limit of the City of Kellogg.
              None
              +2251
              Shoshone County Unincorporated Areas, City of Kellogg

              At the confluence of South Overbank Southwest Kellogg Reach
              None
              +2282

              South Fork Coeur d'Alene River—South Overbank Southwest Kellogg Reach:
              At confluence with South Overbank South Swale Reach approximately 200 feet downstream of Bunker Avenue
              None
              +2284
              Shoshone County Unincorporated Areas, City of Kellogg.

              At divergence from South Fork Coeur d'Alene River
              None
              +2289

                ADDRESSES:

                Unincorporated areas of Shoshone County:

              Maps are available for inspection at the Shoshone County Courthouse, 700 Bank Street, Suite 35, Wallace, Idaho 83873.

              Send comments to Chairman Jim Vergobbi, Shoshone County, 700 Bank Street, Suite 120, Wallace, Idaho 83873.

                City of Kellogg:

              Maps are available for inspection at the City Hall, 1007 McKinley Street, Kellogg, Idaho 83837.

              Send comments to Mayor Mac Pooler, City of Kellogg, 1007 McKinley Street, Kellogg, Idaho 83837.

                City of Smelterville:

              Maps are available for inspection at the City Hall, 501 Main Street, Smelterville, Idaho 83868.

              Send comments to Mayor Tom Benson, City of Smelterville, P.O. Box 200, Smelterville, Idaho 83868.

                De Soto County, Mississippi and Incorporated Areas

              Arkabutla Reservoir
              Flood pool
              None
              +245
              De Soto County (Uninc. Areas).

              Bean Patch Creek
              At confluence with Camp Creek
              None
              +273
              De Soto County (Uninc. Areas), City of Southaven.

              At Pleasant Hill Road
              *303
              +302

              At College Road
              *336
              +328

              200 feet downstream of Getwell Road
              None
              +372

              Bean Patch Creek Tributary 1
              At confluence with Bean Patch Creek
              None
              +282
              De Soto County (Uninc. Areas).

              2444 feet upstream of Sandy Betts Road
              None
              +331

              Bean Patch Creek Tributary 2
              At confluence with Bean Patch Creek
              None
              +296
              De Soto County (Uninc. Areas).

              78 feet upstream of Itasca Drive
              None
              +347

              Bean Patch Creek Tributary 3
              At confluence with Bean Patch Creek
              None
              +303
              De Soto County (Uninc. Areas).

              1467 feet upstream of College Road
              None
              +337

              Byhalia Creek
              At confluence with Pigeon Roost Creek
              None
              +275
              De Soto County (Uninc. Areas).

              2638 feet upstream of Myers Road
              None
              +298

              Camp Creek
              At confluence with Coldwater River
              None
              +256
              De Soto County (Uninc. Areas) City of Olive Branch.

              At College Road
              *298
              +299

              At Goodman Road
              *329
              +331

              At Germantown Road
              *348
              +346

              At Montrose Drive
              None
              +361

              1790 feet upstream of Alexander Road
              None
              +372

              Camp Creek Tributary 1
              At confluence with Camp Creek
              None
              +273
              De Soto County (Uninc. Areas).

              180 feet upstream of Ross Road
              None
              +317

              Camp Creek Tributary 2
              At confluence with Camp Creek
              None
              +292
              De Soto County (Uninc. Areas)

              170 feet upstream of Dunn Lane
              None
              +348

              Cane Creek Tributary 1
              At confluence with Arkabutla Reservoir
              None
              +245
              De Soto County (Uninc. Areas).

              2100 feet upstream of Robertson Gin Road
              None
              +251

              Cane Creek Tributary 1.1
              At confluence with Cane Creek Tributary 1
              None
              +245
              De Soto County (Uninc. Areas).

              4300 feet upstream of confluence with Cane Creek Tributary 1
              None
              +245

              Coldwater River
              16200 feet downstream of Arkabutla Dam
              None
              +191
              De Soto County (Uninc. Areas).

              3318 feet downstream of Arkabutla Dam
              None
              +195

              26735 feet downstream of Holly Springs Road
              None
              +245

              2010 feet upstream of confluence with Coldwater River Tributary 8
              None
              +301

              Coldwater River Tributary 5
              At confluence with Coldwater River
              None
              +279
              De Soto County (Uninc. Areas).

              2390 feet upstream of Bethel Road
              None
              +299

              Coldwater River Tributary 6
              At confluence with Coldwater River
              None
              +283
              De Soto County (Uninc. Areas).

              160 feet downstream of Red Banks Road
              None
              +308

              Coldwater River Tributary 7
              At confluence with Coldwater River
              None
              +298
              De Soto County (Uninc. Areas).

              13233 feet upstream of Center Hill Road
              None
              +365

              Coldwater River Tributary 7.1
              At confluence with Coldwater River Tributary 7
              None
              +298
              De Soto County (Uninc. Areas).

              2515 feet upstream of Center Hill Road
              None
              +341

              Coldwater River Tributary 8
              At confluence with Coldwater River
              None
              +300
              De Soto County (Uninc. Areas).

              2038 feet upstream of Center Hill Road
              None
              +365

              Coldwater River Tributary 8.1
              At confluence with Coldwater River Tributary 8
              None
              +315
              De Soto County (Uninc. Areas).

              5004 feet upstream of confluence with Coldwater River Tributary 8
              None
              +368

              Cow Pen Creek
              At Goodman Road
              *261
              +261
              City of Horn Lake.

              At Nail Road
              *275
              +274

              Dry Creek
              At confluence with Coldwater River
              None
              +271
              De Soto County (Uninc. Areas).

              8348 feet upstream of Byhalia Road
              None
              +303

              Horn Lake Creek Tributary 1
              790 feet upstream of Goodman Road
              None
              +264
              City of Horn Lake.

              407 feet upstream of Nail Road
              None
              +292

              Hurricane Creek
              1535 feet upstream of Odom Road
              None
              +265
              De Soto County (Uninc. Areas), City of Hernando.

              423 feet upstream of Bridgemore Drive
              None
              +346

              Hurricane Creek Tributary 2
              1022 feet downstream of Horn Lake Road
              None
              +245
              De Soto County (Uninc. Areas), City of Hernando.

              12800 feet upstream of Horn Lake Road
              None
              +275

              Hurricane Creek Tributary 3.1
              1079 feet downstream of Nesbit Road
              None
              +262
              De Soto County (Uninc. Areas), City of Hernando, City of Horn Lake, City of Southaven De Soto County (Uninc. Areas).

              740 feet downstream of Highway 51
              None
              +300

              Hurricane Creek Tributary 3.1.1
              At confluence with Hurricane Creek Tributary 3.1
              None
              +262

              600 feet upstream of Starlanding Road
              None
              +297

              Hurricane Creek Tributary 3.1.2
              At confluence with Hurricane Creek Tributary 3.1
              None
              +291
              De Soto County (Uninc. Areas), City of Southaven.

              255 feet downstream of Highway 51
              None
              +301

              Hurricane Creek Tributary 4
              At confluence with Hurricane Creek
              None
              +266
              De Soto County (Uninc. Areas), City of Hernando.

              850 feet downstream of Harrow Cove
              None
              +329

              Hurricane Creek Tributary 5
              At confluence with Hurricane Creek
              None
              +268
              De Soto County (Uninc. Areas), City of Hernando.

              4236 feet upstream of Pleasant Hill Road
              None
              +310

              Hurricane Creek Tributary 6
              At confluence with Hurricane Creek
              None
              +273
              De Soto County (Uninc. Areas), City of Hernando.

              90 feet downstream of Clubhouse Drive
              None
              +316

              Hurricane Creek Tributary 7
              At confluence with Hurricane Creek
              None
              +284
              De Soto County (Uninc. Areas), City of Southaven.

              423 feet upstream of Starlanding Road
              None
              +339

              Hurricane Creek Tributary 7.1
              At confluence with Hurricane Creek Tributary 7
              None
              +294
              De Soto County (Uninc. Areas), City of Southaven.

              760 feet upstream of Starlanding Road
              None
              +354

              Hurricane Creek Tributary 8
              At confluence with Hurricane Creek
              None
              +295
              De Soto County (Uninc. Areas).

              940 feet upstream of Getwell Road
              None
              +324

              Jackson Creek
              4620 feet upstream of confluence with Lake Cormorant Bayou
              None
              +200
              De Soto County (Uninc. Areas).

              712 feet upstream of confluence with Jackson Creek Tributary 1
              None
              +201

              Jackson Creek Tributary 1
              At confluence with Jackson Creek
              None
              +201
              De Soto County (Uninc. Areas).

              4665 feet upstream of Wilson Mills Road
              None
              +208

              Johnson Creek
              At confluence with Lake Cormorant Bayou
              None
              +208
              De Soto County (Uninc. Areas), City of Horn Lake, Village of Memphis.

              3645 feet upstream of Church Road
              None
              +249

              Johnson Creek Tributary 1
              At confluence with Johnson Creek
              None
              +208
              De Soto County (Uninc. Areas), Village of Memphis.

              1810 feet upstream of Cheatham Road
              None
              +208

              Johnson Creek Tributary 2
              At confluence with Johnson Creek
              None
              +210
              De Soto County (Uninc. Areas), Village of Memphis.

              300 feet upstream of Starlanding Road
              None
              +227

              Johnson Creek Tributary 3
              At confluence with Johnson Creek
              None
              +212
              De Soto County (Uninc. Areas), Village of Memphis.

              1490 feet downstream of Poplar Corner Road
              None
              +244

              Johnson Creek Tributary 4
              At confluence with Johnson Creek
              None
              +215
              De Soto County (Uninc. Areas), Village of Memphis.

              4171 feet upstream of Starlanding Road
              None
              +231

              Johnson Creek Tributary 5
              At confluence with Johnson Creek
              None
              +226
              De Soto County (Uninc. Areas).

              35 feet upstream of Fogg Road
              None
              +269

              Johnson Creek Tributary 6
              At confluence with Johnson Creek
              None
              +235
              De Soto County (Uninc. Areas).

              20 feet upstream of Fogg Road
              None
              +256

              Lake Cormorant Bayou
              At Green River Road
              None
              +200
              De Soto County (Uninc. Areas).

              500 feet downstream of confluence with Johnson Creek
              None
              +208

              Lateral A
              At confluence with Horn Lake Creek
              None
              +243
              De Soto County (Uninc. Areas), City of Horn Lake, City of Southaven.

              2506 feet upstream of Goodman Road
              None
              +276

              Lateral A Tributary 1
              At confluence with Lateral A
              None
              +246
              City of Horn Lake

              148 feet downstream of Horn Lake Road
              None
              +259

              Licks Creek
              At confluence with Camp Creek
              *305
              +306
              De Soto County (Uninc. Areas), City of Olive Branch.

              At U.S. Highway 78
              *336
              +334

              At Lancaster Drive
              None
              +358

              7700 feet upstream of Hacks Cross Road
              None
              +388

              Mussacuna Creek
              4630 feet downstream of Highway 51
              None
              +280
              De Soto County (Uninc. Areas), City of Hernando.

              1480 feet upstream of Highway 51
              None
              +307

              Nolehoe Creek
              At confluence with Camp Creek
              *308
              +308
              City of Olive Branch, City of Southaven.

              At Goodman Road
              *348
              +348

              Norfolk Bayou
              At confluence with Johnson Creek
              None
              +208
              De Soto County (Uninc. Areas).

              175 feet downstream of Highway 161
              None
              +208

              Pigeon Roost Creek
              At confluence with Coldwater River
              None
              +267
              De Soto County (Uninc. Areas)

              1550 feet downstream of Ingrams Mill Road
              None
              +277

              Red Banks Creek
              4330 feet upstream of Red Banks Road
              None
              +299
              De Soto County (Uninc. Areas).

              13140 feet upstream of Red Banks Road
              None
              +312

              Short Creek
              At confluence with Coldwater River
              None
              +267
              De Soto County (Uninc. Areas)

              9228 feet upstream of Byhalia Road
              None
              +331

              Short Creek Tributary 1
              At confluence with Short Creek
              None
              +271
              De Soto County (Uninc. Areas).

              3636 feet upstream of Byhalia Road
              None
              +297

              Short Fork Creek
              At confluence with Coldwater River
              None
              +255
              De Soto County (Uninc. Areas), City of Hernando.

              2953 feet upstream of Jaybird Road
              None
              +309

              Short Fork Creek Tributary 1
              At confluence with Short Fork Creek
              None
              +265
              De Soto County (Uninc. Areas).

              1731 feet upstream of Byhalia Road
              None
              +341

              Short Fork Creek Tributary 2
              At confluence with Short Fork Creek
              None
              +278
              De Soto County (Uninc. Areas).

              5387 feet upstream of Brights Road
              None
              +325

              Short Fork Creek Tributary 3
              At confluence with Short Fork Creek
              None
              +296
              De Soto County (Uninc. Areas).

              2594 feet upstream of confluence with Short Fork Creek
              None
              +304

              Turkey Creek
              At confluence with Camp Creek
              None
              +287
              De Soto County (Uninc. Areas).

              758 feet upstream of Woolsly Road
              None
              +351

              Whites Creek
              3740 feet upstream of confluence with Lake Cormorant Bayou
              None
              +199
              De Soto County (Uninc. Areas).

              7410 feet upstream of Wetonga Lane
              None
              +234

              Whites Creek Tributary 1
              At confluence with Whites Creek
              None
              +224
              De Soto County.

              2117 feet upstream of confluence with Whites Creek
              None
              +233

                ADDRESSES:

                Unincorporated Areas of De Soto County:

              Maps are available for inspection at 365 Losher Street, Suite 310, Hernando, MS 38632.

              Send comments to Mr. Tommy Lewis, President, De Soto County Board of Supervisors, 365 Losher Street, Suite 310, Hernando, MS 38632.

                City of Hernando:

              Maps are available for inspection at 475 W. Commerce Street, Hernando, MS 38632.

              Send comments to the Honorable Chip Johnson, Mayor, City of Hernando, 475 W. Commerce Street, Hernando, MS 38632.

                City of Horn Lake:

              Maps are available for inspection as 3101 Goodman Road, Horn Lake, MS 38637

              Send comments to the Honorable Nat Baker, Mayor, City of Horn Lake, 3101 Goodman Road, Horn Lake, MS 38637.

                City of Olive Branch:

              Maps are available for inspection at 9189 Pigeon Root, Olive Branch, MS 38654.

              Send comments to the Honorable Samuel Rikard, Mayor, City of Olive Branch, 9189 Pigeon Root, Olive Branch, MS 38654.

                City of Southaven:

              Maps are available for inspection as 8710 Northwest Drive, Southaven, MS 38671.

              Send comments to the Honorable Greg Davis, Mayor, City of Southaven, 8710 Northwest Drive, Southaven, MS 38671.

                Village of Memphis:

              Maps are available for inspection at P.O. Box 35, Walls, MS 38630.

              Send comments to the Honorable Gene Alday, Mayor, Town of Walls, P.O. Box 35, Walls, MS 38630.

                Ozark County, Missouri and Incorporated Areas

              Becky Cobb Creek
              Approximately 400 feet upstream of the confluence with Lick Creek
              None
              +765
              Ozark County (Uninc. Areas), City of Gainesville.

              Approximately 2800 feet downstream of County Road 102
              None
              +856

              Bennetts Bayou
              Approximately 9300 feet downstream of Highway 142
              None
              +670
              Ozark County (Uninc. Areas), Village of Bakersfield.

              Approximately 1400 feet upstream of the confluence with Unnamed Stream in Smith Hollow
              None
              +741

              Harrison Creek
              Approximately 1850 feet upstream of the confluence with Lick Creek
              None
              +749
              Ozark County (Uninc. Areas), City of Gainesville.

              Approximately 4750 feet upstream of First Road
              None
              +800

              Hogard Creek
              Approximately 500 feet upstream of the confluence with Lick Creek
              None
              +793
              Ozark County (Uninc. Areas).

              Approximately 8750 feet upstream of the confluence with Lick Creek
              None
              +856

              Lick Creek
              Approximately 7500 feet downstream of the confluence with Harrison Creek
              None
              +713
              Ozark County (Uninc. Areas), City of Gainesville.

              Approximately 5350 feet upstream of the confluence with Hogard Creek
              None
              +818

              Turkey Creek
              Approximately 1000 feet downstream of County Road 632
              None
              +698
              Ozark County (Uninc. Areas).

              Approximately 100 feet downstream of Highway 160
              None
              +806

              Unnamed Stream in Ledbetter Hollow
              Approximately 4850 feet upstream of the confluence with Pond Fork
              None
              +698
              Ozark County (Uninc. Areas).

              Approximately 700 feet downstream of Highway 95
              None
              +811

              Unnamed Stream in Plumb Hollow
              Approximately 1350 feet upstream of the confluence with Bennetts Bayou
              None
              +714
              Ozark County (Uninc. Areas), Village of Bakersfield.

              Approximately 1200 feet upstream of Highway 101
              None
              +769

              Unnamed Stream in Smith Hollow
              Approximately 500 feet upstream of the confluence with Bennetts Bayou
              None
              +740
              Ozark County (Uninc. Areas).

              Approximately 2400 feet upstream of the confluence with Bennetts Bayou
              None
              +755

                ADDRESSES:

                Unincorporated Areas of Ozark County:

              Maps are available for inspection at Ozark County Courthouse, Gainesville, MO 65655.

              Send comments to the Mr. Dave Morrision, Presiding Commissioner, Ozark County, P.O. Box 247, Gainesville, MO 65655.

                City of Gainesville:

              Maps are available for inspection at 4th and Harlin, Gainesville, MO 65655.

              Send comments to the Honorable Tracey Amyx, Mayor, City of Gainesville, 4th and Harlin, Gainesville, MO 65655.

                Village of Bakersfield:

              Maps are available for inspection at 112 Watertower, Bakersfield, MO 65609.

              Send comments to the Honorable Tony Johnson, Mayor, Village of Bakersfield, 112 Watertower, Bakersfield, MO 65609.

                Laramie County, and Incorporated Areas

              Allison Draw
              At Confluence with Crow Creek
              None
              +5949
              Laramie County (Uninc. Areas).

              At West College Drive
              None
              +6017

              South Fork Allison Draw
              At Confluence with Allison Draw
              None
              +5993
              Laramie County (Uninc. Areas).

              At East College Drive
              None
              +6000

                ADDRESSES:

                Unincorporated Areas of Laramie County:

              Maps are available for inspection at Laramie County Planning Department, 310 West 19th Street, Suite 400, Cheyenne, WY 82001.

              Send comments to Commissioner Diane Humphrey, Chairman, Board of Commissioners, 310 West 19th Street, Suite 300, Cheyenne, WY 82001.

            * National Geodetic Vertical Datum.
            + North American Vertical Datum.
            # Depth in feet above ground.

            (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

            David I. Maurstad,
            Acting Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

      [FR Doc. E6-4817 Filed 4-3-06; 8:45 am]
      BILLING CODE 9110-12-P