Changes in Flood Elevation Determinations, 69564-69567 [E8-27492]
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69564
Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations
cprice-sewell on PROD1PC64 with RULES
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
X. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
VerDate Aug<31>2005
14:43 Nov 18, 2008
Jkt 217001
and pests, Reporting and recordkeeping
requirements.
Dated: November 11, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.1285 is added to
subpart D to read as follows:
■
§ 180.1285 Polyoxin D zinc salt; exemption
from the requirement of a tolerance.
An exemption from the requirement
of a tolerance is established for the
residues of the biochemical pesticide
polyoxin D zinc when used as a
fungicide on almonds, cucurbit
vegetables, fruiting vegetables, ginseng,
grapes, pistachios, pome fruits, potatoes
and strawberries.
[FR Doc. E8–27485 Filed 11–18–08; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–B–1019]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Mitigation Assistant Administrator of
FEMA reconsider the changes. The
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modified BFEs may be changed during
the 90-day period.
ADDRESSES: The modified 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:
William R. Blanton, Jr., Engineering
Management Branch, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
The modifications are made pursuant
to section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These 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 the
other Federal, State, or regional entities.
The changes BFEs are in accordance
with 44 CFR 65.4.
National Environmental Policy Act.
This interim 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
E:\FR\FM\19NOR1.SGM
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Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This
interim 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 interim rule involves no policies
that have federalism implications under
Executive Order 13132, Federalism.
Alabama: Tuscaloosa.
Arizona:
Maricopa ...........
Maricopa ...........
Maricopa ...........
Maricopa ...........
California: San Luis
Obispo.
Colorado:
Douglas ............
Douglas ............
El Paso .............
Connecticut: Fairfield
Delaware: Kent ........
Florida: Polk ............
Georgia: Columbia ..
Illinois:
Cook .................
Cook .................
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List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is
amended to read as follows:
■
PART 65—[AMENDED]
1. The authority citation for part 65
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
■
Cook .................
Cook .................
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Unincorporated
areas of Tuscaloosa County (08–
04–3997P).
State and county
VerDate Aug<31>2005
Executive Order 12988, Civil Justice
Reform. This interim rule meets the
applicable standards of Executive Order
12988.
69565
October 15, 2008; October 22,
2008; The Northport Gazette.
The Honorable W. Hardy McCollum, Tuscaloosa County Probate Judge, 714
Greensboro Avenue, Tuscaloosa, AL
35401.
February 19, 2009 ..........
010201
City of El Mirage
(08–09–1516P).
October
2008;
zette.
October
2008;
zette.
The Honorable Fred Waterman, Mayor,
City of El Mirage, P.O. Box 26, El Mirage, AZ 85335.
The Honorable Andrew W. Kunasek,
Chairman, Maricopa County Board of
Supervisors, 301 West Jefferson Street,
10th Floor, Phoenix, AZ 85003.
The Honorable Phil Gordon, Mayor, City
of Phoenix, 200 West Washington
Street, 11th Floor, Phoenix, AZ 85003–
1611.
The Honorable Lyn Truitt, Mayor, City of
Surprise, 12425 West Bell Road, Surprise, AZ 85374.
The Honorable Tom O’Malley, Mayor,
City of Atascadero, 6907 El Camino
Real, Atascadero, CA 93422.
February 20, 2009 ..........
040041
February 20, 2009 ..........
040037
April 3, 2008 ...................
040051
February 20, 2009 ..........
040053
October 6, 2008 .............
060700
The Honorable Melanie A. Worley, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle
Rock, CO 80104.
The Honorable David Casiano, Mayor,
Town of Parker, 20120 East Main
Street, Parker, CO 80138–7334.
The Honorable Dennis Hisey, Chairman,
El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903–2208.
The Honorable Dannel P. Malloy, Mayor,
City of Stamford, 888 Washington Boulevard, Stamford, CT 06904.
The Honorable P. Brooks Banta, President, Board of Commissioners, 555
Bay Road, Dover, DE 19901.
February 6, 2009 ............
080049
February 6, 2009 ............
080310
September 24, 2008 .......
080059
May 30, 2008 .................
090015
February 23, 2009 ..........
100001
The Honorable Ralph L. Fletcher, Mayor,
City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801.
The Honorable Ron C. Cross, Chairman,
Columbia County Board of Commissioners, P.O. Box 498, Evans, GA
30809.
February 16, 2009 ..........
120267
February 23, 2009 ..........
130059
The Honorable Robert G. Abboud, President, Village of Barrington Hills, 112
Algonquin Road, Barrington Hills, IL
60010.
The Honorable Todd H. Stroger, President, Cook County Board of Commissioners, 118 North Clark Street, Room
537, Chicago, IL 60602.
The Honorable Saul L. Beck, Mayor, Village of Ford Heights, 1343 Ellis Avenue, Ford Heights, IL 60411.
The Honorable Roger G. Peckham,
Mayor, Village of Sauk Village, 21701
Torrence Avenue, Sauk Village, IL
60411.
April 30, 2008 .................
170058
November 7, 2008 ..........
170054
November 7, 2008 ..........
170084
November 7, 2008 ..........
170157
Unincorporated
areas of Maricopa
County (08–09–
1516P).
City of Phoenix (06–
09–B582P).
City of Surprise (08–
09–1516P).
City of Atascadero
(08–09–0724P).
Unincorporated
areas of Douglas
County (08–08–
0553P).
Town of Parker (08–
08–0553P).
Unincorporated
areas of El Paso
County (08–08–
0630P).
City of Stamford
(08–01–0709P).
16, 2008; October 23,
Arizona Business Ga16, 2008; October 23,
Arizona Business Ga-
December 27, 2007; January 3,
2008; Arizona Business Gazette.
October 16, 2008; October 23,
2008; Arizona Business Gazette.
October 22, 2008; October 29,
2008; Atascadero News.
October 2, 2008; October 9,
2008; Douglas County NewsPress.
October 2, 2008; October 9,
2008; Douglas County NewsPress.
October 8, 2008; October 15,
2008; El Paso County Advertiser.
June 20, 2008; June 27, 2008;
The Advocate.
Unincorporated
areas of Kent
County (08–03–
1557P).
City of Lakeland
(08–04–5418P).
October 17, 2008; October 24,
2008; The News Journal.
Unincorporated
areas of Columbia
County (08–04–
3896P).
October 19, 2008; October 26,
2008; The Columbia County
News Times.
Village of Barrington
Hills (08–05–
2649P).
May 22, 2008; May 29, 2008;
Barrington Courier Review.
Unincorporated
areas of Cook
County (08–05–
2074P).
Village of Ford
Heights (08–05–
2074P).
Village of Sauk Village (08–05–
2074P).
October 14, 2008; October 21,
2008; Southtown Star.
14:43 Nov 18, 2008
October 10, 2008; October 17,
2008; The Ledger.
October 14, 2008; October 21,
2008; Southtown Star.
October 14, 2008; October 21,
2008; Southtown Star.
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Community
No.
69566
Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Village of
Bensenville (08–
05–0178P).
Village of Elk Grove
(08–05–0178P).
October 15, 2008; October 22,
2008; Daily Herald.
September 29, 2008 .......
170200
September 29, 2008 .......
170088
Maine: Waldo ..........
Town of Lincolnville
(08–01–0911P).
August 29, 2008 .............
230172
Mississippi: Madison
Unincorporated
areas of Madison
County (07–04–
5199P).
Unincorporated
areas of Platte
County (08–07–
1586P).
September 18, 2008; September 25, 2008; The Republican Journal.
August 14, 2008; August 21,
2008; Madison County Journal.
The Honorable John C. Geils, President,
Village of Bensenville, 12 South Center
Street, Bensenville, IL 60106.
The Honorable Craig B. Johnson, Mayor,
Village of Elk Grove, 901 Wellington
Avenue, Elk Grove Village, IL 60007.
The Honorable Rosendel Gerry, Selectman, Town of Lincolnville, 493 Hope
Road, Lincolnville, ME 04849.
The Honorable Timothy L. Johnson,
President, Madison County Board of
Supervisors, P.O. Box 608, Canton, MS
39046.
Mr. Tom Pryor, First District Commissioner, Platte County, Platte County
Administrative Building, 415 Third
Street, Suite 105, Platte City, MO
64079.
December 22, 2008 ........
280228
February 19, 2009 ..........
290475
The Honorable Rory Reid, Chair, Clark
County Board of Commissioners, 500
South Grand Central Parkway, Las
Vegas, NV 89106.
The Honorable Rory Reid, Chair, Clark
County Board of Commissioners, 500
South Grand Central Parkway, Las
Vegas, NV 89106.
The Honorable Duane Moore, Councilman, Town of Seneca Falls, 32 State
Street, Seneca Falls, NY 13148.
The Honorable Shane Patterson, Chairman, Board of Supervisors, Dover
Township, 2480 West Canal Road,
Dover, PA 17315.
The Honorable Joseph McEachern,
Chairman, Richland County Council,
Richland County Administrative Building, 2020 Hampton Street, Second
Floor, Columbia, SC 29202.
September 26, 2008 .......
320003
September 30, 2008 .......
320003
April 2, 2009 ...................
360756
September 30, 2008 .......
420920
February 16, 2009 ..........
450170
The Honorable Joe Reagan, Mayor, City
of Brentwood, P. O. Box 788, Brentwood, TN 37024.
The Honorable Rogers C. Anderson,
Mayor, Williamson County, 1320 West
Main Street, Suite 125, Franklin, TN
37064.
February 20, 2009 ..........
470205
February 20, 2009 ..........
470204
The Honorable Terry Orr, Mayor, City of
Bastrop, P.O. Box 427, Bastrop, TX
78602.
The
Honorable
Ronnie
McDonald,
Bastrop County Judge, 804 Pecan
Street, Bastrop, TX 78602.
November 13, 2008 ........
480022
November 13, 2008 ........
481193
The Honorable Phil Hardberger, Mayor,
City of San Antonio, P.O. Box 839966,
San Antonio, TX 78283.
The Honorable Mike Moncrief, Mayor,
City of Fort Worth, 1000 Throckmorton
Street, Fort Worth, TX 76102.
The Honorable Pat McGrail, Mayor, City
of Keller, P.O. Box 770, Keller, TX
76244.
The Honorable Joan F. Foster, 900
Church Street, Lynchburg, VA 24504.
Mr. Kim Wilde, Village Administrator, Village of Waunakee, 500 West Main
Street, Waunakee, WI 53597.
September 24, 2008 .......
480045
February 13, 2009 ..........
480596
February 13, 2009 ..........
480602
November 21, 2008 ........
510093
November 26, 2008 ........
550093
State and county
Dupage .............
Dupage .............
Missouri: Platte ........
Nevada:
Clark .................
New York: Seneca ..
Pennsylvania: York ..
South Carolina:
Richland.
Tennessee:
Williamson ........
Williamson ........
Texas:
Bastrop .............
Bastrop .............
Bexar ................
Unincorporated
areas of Clark
County (08–09–
0253P).
Unincorporated
areas of Clark
County (08–09–
0919P).
Town of Seneca
Falls (08–02–
1344P).
Township of Dover
(08–03–1498P).
October 10, 2008; October 17,
2008; Las Vegas Review
Journal.
October 10, 2008; October 17,
2008; The State.
City of Brentwood
(08–04–2646P).
October 16, 2008; October 23,
2008; The Tennessean.
Unincorporated
areas of
Williamson County
(08–04–2646P).
October 16, 2008; October 23,
2008; The Tennessean.
City of Bastrop (08–
06–0048P).
July 9, 2008; July 16, 2008;
Elgin Courier.
Unincorporated
areas of Bastrop
County (08–06–
0048P).
City of San Antonio
(08–06–1356P).
July 9, 2008; July 16, 2008;
Elgin Courier.
Tarrant ..............
City of Fort Worth
(08–06–2295P).
Tarrant ..............
City of Keller (08–
06–2436P).
Virginia: Independent
City.
Wisconsin: Dane .....
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October 15, 2008; October 22,
2008; The Landmark.
Unincorporated
areas of Richland
County (08–04–
5022P).
Clark .................
VerDate Aug<31>2005
October 15, 2008; October 22,
2008; Daily Herald.
City of Lynchburg
(08–03–0310P).
Village of Waunakee
(08–05–1363P).
14:43 Nov 18, 2008
October 10, 2008; October 17,
2008; Las Vegas Review
Journal.
October 9, 2008; October 16,
2008; Reveille Between the
Lakes.
October 10, 2008; October 17,
2008; York Daily Record.
October 9, 2008; October 16,
2008; San Antonio Express
News.
October 9, 2008; October 16,
2008; Fort Worth Star Telegram.
October 9, 2008; October 16,
2008; Fort Worth Star Telegram.
July 18, 2008; July 25, 2008;
The Lynchburg Ledger.
August 14, 2008; August 21,
2008; Waunakee Tribune.
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Community
No.
Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Reduction Act that does not display a
valid OMB Control Number.
Dated: November 12, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation
Directorate, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. E8–27492 Filed 11–18–08; 8:45 am]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–27243 Filed 11–18–08; 8:45 am]
BILLING CODE 6712–01–P
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
FEDERAL COMMUNICATIONS
COMMISSION
Federal Motor Carrier Safety
Administration
47 CFR Part 76
49 CFR Parts 385 and 395
[CS Docket No. 97–80; FCC 98–116]
[Docket No. FMCSA–2004–19608]
Commercial Availability of Navigation
Devices
RIN–2126–AB14
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
cprice-sewell on PROD1PC64 with RULES
AGENCY:
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission announces that the Office
of Management and Budget (OMB)
approved the information collection
3060–0849 associated with Subpart P of
Part 76. These revised rules will take
effect as of the date of this notice. On
July 15, 1998, the Commission
published the summary document of the
Report and Order, In the Matter of
Commercial Availability of Navigation
Devices, CS Docket No. 97–80; FCC 98–
116, at 63 FR 38089.
DATES: Subpart B to part 76 was added
on July 15, 2008 (63 FR 38094) with the
effective date pending approval of
information collection and reporting
requirements by the Office of
Management and Budget. This
document announces the approval of
those requirements effective November
19, 2008.
FOR FURTHER INFORMATION CONTACT: For
additional information, please contact
Cathy Williams at
Cathy.Williams@fcc.gov or on (202)
418–2819.
SUPPLEMENTARY INFORMATION: This
document announces that on October
15, 1998, OMB approved the
information collection requirement(s)
contained in Subpart P of Part 76 with
the exception of section 76.1204 which
became effective on July 1, 2000. The
OMB Control Number is 3060–0849.
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number. No person
shall be subject to any penalty for failing
to comply with a collection of
information subject to the Paperwork
VerDate Aug<31>2005
14:43 Nov 18, 2008
Jkt 217001
Hours of Service of Drivers
SUMMARY: FMCSA adopts as final the
provisions of the Agency’s December 17,
2007, interim final rule concerning
hours of service (HOS) for commercial
motor vehicle (CMV) drivers. This final
rule allows CMV drivers to continue to
drive up to 11 hours within a 14-hour,
non-extendable window from the start
of the workday, following at least 10
consecutive hours off duty (11-hour
rule). The rule also allows motor
carriers and drivers to continue to
restart calculations of the weekly onduty limits after the driver has at least
34 consecutive hours off duty (34-hour
restart).
DATES: Effective Date: This rule is
effective January 19, 2009.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
the ground floor, room W12–140, U.S.
Department of Transportation (DOT)
Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m. e.t., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19476) or you may visit https://
docketsinfo.dot.gov.
Mr.
Thomas Yager, Chief, FMCSA Driver
FOR FURTHER INFORMATION CONTACT:
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69567
and Carrier Operations. Telephone (202)
366–4325 or E-mail MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Legal Basis for the Rulemaking
B. Background
C. Discussion of Rule
D. Discussion of Comments
1. Statutory Duty
2. Comments on Safety
3. Comments on Driver Health
4. Approach to Research
5. Use of Data, Analysis, and Modeling
E. Regulatory Analyses and Notices
F. List of References
G. Removal of Rescission Provision
A. Legal Basis for the Rulemaking
This rule is based on the authority of
the Motor Carrier Act of 1935 and the
Motor Carrier Safety Act of 1984. The
Motor Carrier Act of 1935 provides that
‘‘The Secretary of Transportation may
prescribe requirements for (1)
qualifications and maximum hours of
service of employees of, and safety of
operation and equipment of, a motor
carrier; and, (2) qualifications and
maximum hours of service of employees
of, and standards of equipment of, a
motor private carrier, when needed to
promote safety of operation’’ (Section
31502(b) of Title 49 of the United States
Code (49 U.S.C.)).
The HOS regulations adopted in this
final rule concern the ‘‘maximum hours
of service of employees of * * * a
motor carrier’’ (49 U.S.C. 31502(b)(1))
and the ‘‘maximum hours of service of
employees of * * * a motor private
carrier’’ (49 U.S.C. 31502(b)(2)). The
adoption and enforcement of such rules
were specifically authorized by the
Motor Carrier Act of 1935. This rule
rests on that authority.
The Motor Carrier Safety Act of 1984
provides concurrent authority to
regulate drivers, motor carriers, and
vehicle equipment. It requires the
Secretary of Transportation to
‘‘prescribe regulations on commercial
motor vehicle safety. The regulations
shall prescribe minimum safety
standards for commercial motor
vehicles.’’ Although this authority is
very broad, the 1984 Act also includes
specific requirements: ‘‘At a minimum,
the regulations shall ensure that (1)
commercial motor vehicles are
maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of commercial
motor vehicles do not impair their
ability to operate the vehicles safely; (3)
the physical condition of operators of
commercial motor vehicles is adequate
to enable them to operate the vehicles
safely; and (4) the operation of
commercial motor vehicles does not
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]]>Agencies
[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Rules and Regulations]
[Pages 69564-69567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27492]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-B-1019]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Interim rule.
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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.
DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.
ADDRESSES: The modified 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: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
These 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 the
other Federal, State, or regional entities. The changes BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act. This interim 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
[[Page 69565]]
Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not
required.
Regulatory Classification. This interim 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 interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping
requirements.
0
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65--[AMENDED]
1. The authority citation for part 65 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.
Sec. 65.4 [Amended]
0
2. The tables published under the authority of Sec. 65.4 are amended
as follows:
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Date and name of
State and county Location and case No. newspaper where Chief executive officer Effective date of modification Community
notice was published of community No.
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Alabama: Tuscaloosa............... Unincorporated areas October 15, 2008; The Honorable W. Hardy February 19, 2009.............. 010201
of Tuscaloosa County October 22, 2008; McCollum, Tuscaloosa
(08-04-3997P). The Northport County Probate Judge,
Gazette. 714 Greensboro Avenue,
Tuscaloosa, AL 35401.
Arizona:
Maricopa...................... City of El Mirage (08- October 16, 2008; The Honorable Fred February 20, 2009.............. 040041
09-1516P). October 23, 2008; Waterman, Mayor, City of
Arizona Business El Mirage, P.O. Box 26,
Gazette. El Mirage, AZ 85335.
Maricopa...................... Unincorporated areas October 16, 2008; The Honorable Andrew W. February 20, 2009.............. 040037
of Maricopa County October 23, 2008; Kunasek, Chairman,
(08-09-1516P). Arizona Business Maricopa County Board of
Gazette. Supervisors, 301 West
Jefferson Street, 10th
Floor, Phoenix, AZ 85003.
Maricopa...................... City of Phoenix (06- December 27, 2007; The Honorable Phil April 3, 2008.................. 040051
09-B582P). January 3, 2008; Gordon, Mayor, City of
Arizona Business Phoenix, 200 West
Gazette. Washington Street, 11th
Floor, Phoenix, AZ 85003-
1611.
Maricopa...................... City of Surprise (08- October 16, 2008; The Honorable Lyn Truitt, February 20, 2009.............. 040053
09-1516P). October 23, 2008; Mayor, City of Surprise,
Arizona Business 12425 West Bell Road,
Gazette. Surprise, AZ 85374.
California: San Luis Obispo....... City of Atascadero October 22, 2008; The Honorable Tom October 6, 2008................ 060700
(08-09-0724P). October 29, 2008; O'Malley, Mayor, City of
Atascadero News. Atascadero, 6907 El
Camino Real, Atascadero,
CA 93422.
Colorado:
Douglas....................... Unincorporated areas October 2, 2008; The Honorable Melanie A. February 6, 2009............... 080049
of Douglas County October 9, 2008; Worley, Chairman,
(08-08-0553P). Douglas County News- Douglas County Board of
Press. Commissioners, 100 Third
Street, Castle Rock, CO
80104.
Douglas....................... Town of Parker (08-08- October 2, 2008; The Honorable David February 6, 2009............... 080310
0553P). October 9, 2008; Casiano, Mayor, Town of
Douglas County News- Parker, 20120 East Main
Press. Street, Parker, CO 80138-
7334.
El Paso....................... Unincorporated areas October 8, 2008; The Honorable Dennis September 24, 2008............. 080059
of El Paso County October 15, 2008; Hisey, Chairman, El Paso
(08-08-0630P). El Paso County County Board of
Advertiser. Commissioners, 27 East
Vermijo Avenue, Colorado
Springs, CO 80903-2208.
Connecticut: Fairfield............ City of Stamford (08- June 20, 2008; June The Honorable Dannel P. May 30, 2008................... 090015
01-0709P). 27, 2008; The Malloy, Mayor, City of
Advocate. Stamford, 888 Washington
Boulevard, Stamford, CT
06904.
Delaware: Kent.................... Unincorporated areas October 17, 2008; The Honorable P. Brooks February 23, 2009.............. 100001
of Kent County (08- October 24, 2008; Banta, President, Board
03-1557P). The News Journal. of Commissioners, 555
Bay Road, Dover, DE
19901.
Florida: Polk..................... City of Lakeland (08- October 10, 2008; The Honorable Ralph L. February 16, 2009.............. 120267
04-5418P). October 17, 2008; Fletcher, Mayor, City of
The Ledger. Lakeland, 228 South
Massachusetts Avenue,
Lakeland, FL 33801.
Georgia: Columbia................. Unincorporated areas October 19, 2008; The Honorable Ron C. February 23, 2009.............. 130059
of Columbia County October 26, 2008; Cross, Chairman,
(08-04-3896P). The Columbia County Columbia County Board of
News Times. Commissioners, P.O. Box
498, Evans, GA 30809.
Illinois:
Cook.......................... Village of Barrington May 22, 2008; May The Honorable Robert G. April 30, 2008................. 170058
Hills (08-05-2649P). 29, 2008; Abboud, President,
Barrington Courier Village of Barrington
Review. Hills, 112 Algonquin
Road, Barrington Hills,
IL 60010.
Cook.......................... Unincorporated areas October 14, 2008; The Honorable Todd H. November 7, 2008............... 170054
of Cook County (08- October 21, 2008; Stroger, President, Cook
05-2074P). Southtown Star. County Board of
Commissioners, 118 North
Clark Street, Room 537,
Chicago, IL 60602.
Cook.......................... Village of Ford October 14, 2008; The Honorable Saul L. November 7, 2008............... 170084
Heights (08-05- October 21, 2008; Beck, Mayor, Village of
2074P). Southtown Star. Ford Heights, 1343 Ellis
Avenue, Ford Heights, IL
60411.
Cook.......................... Village of Sauk October 14, 2008; The Honorable Roger G. November 7, 2008............... 170157
Village (08-05- October 21, 2008; Peckham, Mayor, Village
2074P). Southtown Star. of Sauk Village, 21701
Torrence Avenue, Sauk
Village, IL 60411.
[[Page 69566]]
Dupage........................ Village of October 15, 2008; The Honorable John C. September 29, 2008............. 170200
Bensenville (08-05- October 22, 2008; Geils, President,
0178P). Daily Herald. Village of Bensenville,
12 South Center Street,
Bensenville, IL 60106.
Dupage........................ Village of Elk Grove October 15, 2008; The Honorable Craig B. September 29, 2008............. 170088
(08-05-0178P). October 22, 2008; Johnson, Mayor, Village
Daily Herald. of Elk Grove, 901
Wellington Avenue, Elk
Grove Village, IL 60007.
Maine: Waldo...................... Town of Lincolnville September 18, 2008; The Honorable Rosendel August 29, 2008................ 230172
(08-01-0911P). September 25, 2008; Gerry, Selectman, Town
The Republican of Lincolnville, 493
Journal. Hope Road, Lincolnville,
ME 04849.
Mississippi: Madison.............. Unincorporated areas August 14, 2008; The Honorable Timothy L. December 22, 2008.............. 280228
of Madison County August 21, 2008; Johnson, President,
(07-04-5199P). Madison County Madison County Board of
Journal. Supervisors, P.O. Box
608, Canton, MS 39046.
Missouri: Platte.................. Unincorporated areas October 15, 2008; Mr. Tom Pryor, First February 19, 2009.............. 290475
of Platte County (08- October 22, 2008; District Commissioner,
07-1586P). The Landmark. Platte County, Platte
County Administrative
Building, 415 Third
Street, Suite 105,
Platte City, MO 64079.
Nevada:
Clark......................... Unincorporated areas October 10, 2008; The Honorable Rory Reid, September 26, 2008............. 320003
of Clark County (08- October 17, 2008; Chair, Clark County
09-0253P). Las Vegas Review Board of Commissioners,
Journal. 500 South Grand Central
Parkway, Las Vegas, NV
89106.
Clark......................... Unincorporated areas October 10, 2008; The Honorable Rory Reid, September 30, 2008............. 320003
of Clark County (08- October 17, 2008; Chair, Clark County
09-0919P). Las Vegas Review Board of Commissioners,
Journal. 500 South Grand Central
Parkway, Las Vegas, NV
89106.
New York: Seneca.................. Town of Seneca Falls October 9, 2008; The Honorable Duane April 2, 2009.................. 360756
(08-02-1344P). October 16, 2008; Moore, Councilman, Town
Reveille Between of Seneca Falls, 32
the Lakes. State Street, Seneca
Falls, NY 13148.
Pennsylvania: York................ Township of Dover (08- October 10, 2008; The Honorable Shane September 30, 2008............. 420920
03-1498P). October 17, 2008; Patterson, Chairman,
York Daily Record. Board of Supervisors,
Dover Township, 2480
West Canal Road, Dover,
PA 17315.
South Carolina: Richland.......... Unincorporated areas October 10, 2008; The Honorable Joseph February 16, 2009.............. 450170
of Richland County October 17, 2008; McEachern, Chairman,
(08-04-5022P). The State. Richland County Council,
Richland County
Administrative Building,
2020 Hampton Street,
Second Floor, Columbia,
SC 29202.
Tennessee:
Williamson.................... City of Brentwood (08- October 16, 2008; The Honorable Joe Reagan, February 20, 2009.............. 470205
04-2646P). October 23, 2008; Mayor, City of
The Tennessean. Brentwood, P. O. Box
788, Brentwood, TN 37024.
Williamson.................... Unincorporated areas October 16, 2008; The Honorable Rogers C. February 20, 2009.............. 470204
of Williamson County October 23, 2008; Anderson, Mayor,
(08-04-2646P). The Tennessean. Williamson County, 1320
West Main Street, Suite
125, Franklin, TN 37064.
Texas:
Bastrop....................... City of Bastrop (08- July 9, 2008; July The Honorable Terry Orr, November 13, 2008.............. 480022
06-0048P). 16, 2008; Elgin Mayor, City of Bastrop,
Courier. P.O. Box 427, Bastrop,
TX 78602.
Bastrop....................... Unincorporated areas July 9, 2008; July The Honorable Ronnie November 13, 2008.............. 481193
of Bastrop County 16, 2008; Elgin McDonald, Bastrop County
(08-06-0048P). Courier. Judge, 804 Pecan Street,
Bastrop, TX 78602.
Bexar......................... City of San Antonio October 9, 2008; The Honorable Phil September 24, 2008............. 480045
(08-06-1356P). October 16, 2008; Hardberger, Mayor, City
San Antonio Express of San Antonio, P.O. Box
News. 839966, San Antonio, TX
78283.
Tarrant....................... City of Fort Worth October 9, 2008; The Honorable Mike February 13, 2009.............. 480596
(08-06-2295P). October 16, 2008; Moncrief, Mayor, City of
Fort Worth Star Fort Worth, 1000
Telegram. Throckmorton Street,
Fort Worth, TX 76102.
Tarrant....................... City of Keller (08-06- October 9, 2008; The Honorable Pat February 13, 2009.............. 480602
2436P). October 16, 2008; McGrail, Mayor, City of
Fort Worth Star Keller, P.O. Box 770,
Telegram. Keller, TX 76244.
Virginia: Independent City........ City of Lynchburg (08- July 18, 2008; July The Honorable Joan F. November 21, 2008.............. 510093
03-0310P). 25, 2008; The Foster, 900 Church
Lynchburg Ledger. Street, Lynchburg, VA
24504.
Wisconsin: Dane................... Village of Waunakee August 14, 2008; Mr. Kim Wilde, Village November 26, 2008.............. 550093
(08-05-1363P). August 21, 2008; Administrator, Village
Waunakee Tribune. of Waunakee, 500 West
Main Street, Waunakee,
WI 53597.
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[[Page 69567]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: November 12, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-27492 Filed 11-18-08; 8:45 am]
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