Final Flood Elevation Determinations, 28497-28499 [2010-12199]
Download as PDF
28497
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations
Community
No.
State and location
Region X
Alaska: Hoonah, City of, Skagway-HoonahAngoon Census Area.
020049
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
June 14, 1976, Emerg; April 2, 1979, Reg;
June 4, 2010, Susp.
......do ...............
Date certain federal assistance
no longer available in SFHAs
Do.
*do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: May 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation.
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
Kevin C. Long, Acting Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2820, or (e-mail)
kevin.long@dhs.gov.
[FR Doc. 2010–12203 Filed 5–20–10; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2010–0003]
Final Flood Elevation Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
cprice-sewell on DSK8KYBLC1PROD with RULES
SUMMARY: Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each 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 date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
ADDRESSES: The final BFEs for each
community are available for inspection
VerDate Mar<15>2010
12:54 May 20, 2010
Jkt 220001
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
SUPPLEMENTARY INFORMATION:
44 CFR Part 67
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This final
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 final rule involves no policies that
have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This final 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
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.
§ 67.11
[Amended]
2. The tables published under the
authority of § 67.11 are amended as
follows:
■
E:\FR\FM\21MYR1.SGM
21MYR1
28498
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
∧ Elevation in meters (MSL)
Modified
Location of referenced elevation
Communities affected
Washington, District of Columbia
Docket No.: FEMA–B–7737
Anacostia River .........................
Barnaby Run .............................
Broad Branch ............................
Creek Along Normanstone
Drive.
East Creek A ............................
East Creek B ............................
Fenwick Branch ........................
Fort Dupont Creek ....................
Melvin Hazen Branch ...............
Oxon Run ..................................
Pinehurst Run ...........................
Pope Branch .............................
Potomac River ..........................
Rock Creek ...............................
Tributary to Fenwick Branch .....
..............................................
Watts Branch ............................
Approximately at Anacostia Railroad Bridge ......................
At approximately 200 feet upstream of New York Avenue
Approximately at the confluence with Oxon Run ................
At approximately 1,200 feet upstream of South Capital
and Southern Avenue.
At approximately 2,560 feet upstream of Ridge Road .......
At approximately 760 feet upstream of 27th Street ............
At approximately 230 feet downstream of Rock Creek
Drive.
At approximately 190 feet upstream of Normanstone Drive
At approximately 2,250 feet downstream of Dalecarlia
Parkway.
At approximately 675 feet downstream of Dalecarlia Parkway.
Approximately at the Glenbrook Road ................................
At approximately 760 feet upstream of Driveway Bridge
#4.
Approximately at the confluence with Rock Creek .............
At approximately 3,620 feet upstream of the confluence
with Tributary of Fenwick Branch.
Approximately 500 feet downstream of Minnesota Avenue
Bridge.
At approximately 40 feet downstream of Minnesota Avenue Bridge.
Approximately 1,000 feet upstream from Connecticut Avenue NW.
At approximately 125 feet downstream of Reno Road .......
At approximately 320 feet upstream of the confluence with
Barnaby Run.
At approximately 6,160 feet upstream of Wheeler Road ...
Approximately at the confluence with Rock Creek .............
At approximately 3,100 feet upstream of Oregon Avenue
At approximately 80 feet upstream of Minnesota Avenue ..
Approximately 4,630 feet upstream of Minnesota Avenue
At approximately 500 feet downstream of Route 95 ..........
At approximately 2,200 feet upstream of Chain Bridge
Road.
Approximately at the confluence with Potomac River ........
Approximately at the confluence with Fenwick Branch ......
Approximately at the confluence with Fenwick Creek ........
At approximately 2,500 feet upstream of the confluence
with Fenwick Branch.
Approximately at the confluence with Anacostia River .......
Approximately at Southern Avenue ....................................
+13
+17
+21
+53
District of Columbia.
+102
+187
+40
District of Columbia.
District of Columbia.
+150
+165
District of Columbia.
District of Columbia.
+169
+240
+308
District of Columbia.
+176
+232
District of Columbia.
+23
District of Columbia.
+29
+208
District of Columbia.
+244
+23
District of Columbia.
+103
+165
+255
+45
+159
+9
+41
District of Columbia.
District of Columbia.
District of Columbia.
+16
+176
+191
+231
District of Columbia.
+15
+96
District of Columbia.
District of Columbia.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
#Depth in feet above ground.
∧ Mean Sea Level, rounded to the nearest 0.1 meter.
cprice-sewell on DSK8KYBLC1PROD with RULES
ADDRESSES
District of Columbia
Maps are available for inspection at the Department of the Environment, Watershed Protection Division, 1200 1st Street, Northeast, Washington, DC 20002.
VerDate Mar<15>2010
12:54 May 20, 2010
Jkt 220001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
E:\FR\FM\21MYR1.SGM
21MYR1
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: May 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation, Department of
Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2010–12199 Filed 5–20–10; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 391
[Docket No. FMCSA–1997–2210]
RIN 2126–AB24
Medical Certification Requirements as
Part of the Commercial Driver’s
License (CDL); Technical,
Organizational, and Conforming
Amendments
cprice-sewell on DSK8KYBLC1PROD with RULES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; Technical
amendments and response to petitions
for reconsideration.
SUMMARY: The FMCSA amends its
regulations implementing section 215 of
the Motor Carrier Safety Improvement
Act of 1999 (MCSIA). The purpose of
this rule is both to make amendments
responding to petitions for
reconsideration and to make technical
corrections to a FMCSA regulation.
DATES: The amendments in this final
rule become effective May 21, 2010.
ADDRESSES: Public Access to the Docket:
You may view, print, and download this
final rule and all related documents and
background material on-line at https://
www.regulations.gov, using the Docket
ID Number FMCSA–1997–2210. These
documents can also be examined and
copied for a fee at the U.S. Department
of Transportation, Docket Operations,
West Building-Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on today’s final rule,
please contact: Ms. Ava Herman, Office
of Policy, Plans, and Regulations (MC–
PRR), Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590;
telephone (202) 366–7023.
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
12:54 May 20, 2010
Jkt 220001
Legal Basis
Medical Certification Requirements as
Part of the CDL
The legal basis of the 2008 final rule
is also applicable to this rule. See 73 FR
73096–73097, December 1, 2008.
Background
The FMCSA determined that several
technical errors were made in the
December 1, 2008, Medical Certification
Requirements final rule (73 FR 73096).
The FMCSA also received two petitions
for reconsideration of the final rule that
are discussed further in today’s final
rule.
1. The December 1, 2008, final rule
had an unintentional error in
§ 383.71(a)(ii), omitting the language
‘‘(C), or (D)’’ after ‘‘(A) or (B)’’. Today’s
final rule corrects this amendatory
language error.
2. The December 1, 2008, final rule
unintentionally replaced § 383.71(a)
with the new text of § 383.71(a)(1); the
Agency’s intent was only to amend the
language of § 383.71(a)(1). However,
because of an amendatory language
error, § 383.71(a)(2) through
§ 383.71(a)(9) were removed. The
preambles of the NPRM and the final
rule made no mention of an intent to
change these sections, and revised
§ 383.71(a)(1), as adopted by the 2008
final rule, itself refers to the
requirements of § 383.71(a)(2) through
(9). Today’s final rule therefore restores
the text of § 383.71(a)(2) through (9).
3. The December 1, 2008, final rule
included a new requirement in 49 CFR
383.71(h) for CDL holders to submit
documents and information to State
driver licensing agencies. The penalties
listed in 49 CFR 383.73(g) for falsifying
information and documents submitted
in accordance with the requirements of
§ 383.71(h) are applicable. However, the
provisions of § 383.73(g) needed to be
clarified to reflect the application to the
requirements in § 383.71(h). The
provisions of § 383.73(g) have been
clarified in response to the petition for
reconsideration of December 30, 2008,
from Advocates for Highways and Auto
Safety (Advocates), as explained on
pages 3 and 4 of the decision denying
the petition dated May 12, 2010 and
included in the docket.
4. In the December 1, 2008, final rule,
§ 383.73(j)(1)(iii) references business
days for the specified time period,
rather than calendar days. The preamble
of the December 1, 2008, final rule also
incorrectly references business days
instead of calendar days, even though
the other provisions of § 383.73(j)(2) and
§ 383.73(j)(3) correctly specify 10
calendar days. The language of
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
28499
§ 383.73(j)(1)(iii) has been clarified in
today’s final rule. This is explained in
footnote three on page seven of the
decision denying the petition for
reconsideration of December 30, 2008
from Advocates dated May 12, 2010 and
included in the docket.
5. The December 1, 2008, final rule
included an inconsistency in the
language inserted into 49 CFR 383.73 (j).
This language used the term ‘‘medical
examiner’s license or certificate
number’’ to refer to the number on a
medical examiner’s license to practice
in § 383.73(j)(iii)(D). However, in 49
CFR 383.73(j)(iii), (j)(iii)(C), and
(j)(iii)(J), ‘‘medical examiner’s
certificate’’ is used to refer to the
certificate a driver is issued when a
medical examiner qualifies him or her
to drive. This inconsistency has been
clarified in today’s final rule so that
‘‘medical examiner’s certificate’’ clearly
refers to the document a medical
examiner issues a driver to qualify him
or her to drive. In today’s final rule 49
CFR 383.73(j)(iii)(D) is clarified to refer
to the ‘‘medical examiner’s license’’ to
practice, issued to the medical examiner
by the State in which he or she
practices.
6. The FMCSA incorporates a change
in several provisions of the final rule, as
requested by a petition for
reconsideration from the Indiana
Department of Revenue, Motor Carrier
Services Division, filed on December 29,
2008. The petition asked that FMCSA
reconsider requirement for States to
mail receipts to drivers as proof that a
medical certification had been
submitted to the State driver licensing
agency. The FMCSA sent a response
granting this petition on October 2,
2009. Through today’s final rule,
FMCSA removes the requirement for
States to provide receipts to drivers, and
to allow drivers and employers to utilize
medical certificates as evidence that a
CDL holder is medically certified for 15
calendar days from the date of issuance
of the certificate. Therefore, several
changes in the final rule text are
necessary to implement this procedure.
The changes are in 49 CFR 383.73(a)(5),
391.23(m)(2)(i)(B), 391.41(a)(2), and
391.51(b)(7)(ii).
7. The preamble to the December 1,
2008, final rule clearly states that the
medical variance restriction code ‘‘V’’
must appear on both the CDL and the
CDLIS driver record. Accordingly,
FMCSA revised 49 CFR 383.95(b) to
require this information to be placed on
the CDLIS driver record, but
inadvertently omitted a revision to 49
CFR 383.153 to require this information
to be displayed on the commercial
driver’s license document. This rule
E:\FR\FM\21MYR1.SGM
21MYR1
Agencies
[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Rules and Regulations]
[Pages 28497-28499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12199]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2010-0003]
Final Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each 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 date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.
ADDRESSES: The final 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: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail) kevin.long@dhs.gov.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
Regulatory Classification. This final 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 final rule involves no
policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This final 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.
0
Accordingly, 44 CFR part 67 is amended as follows:
PART 67--[AMENDED]
0
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.
Sec. 67.11 [Amended]
0
2. The tables published under the authority of Sec. 67.11 are amended
as follows:
[[Page 28498]]
----------------------------------------------------------------------------------------------------------------
* Elevation in
feet (NGVD) +
Elevation in feet
(NAVD)
Flooding source(s) Location of referenced Depth in feet Communities affected
elevation above ground
[caret] Elevation
in meters (MSL)
Modified
----------------------------------------------------------------------------------------------------------------
Washington, District of Columbia
Docket No.: FEMA-B-7737
----------------------------------------------------------------------------------------------------------------
Anacostia River........................ Approximately at +13 District of Columbia.
Anacostia Railroad
Bridge.
At approximately 200 feet +17
upstream of New York
Avenue.
Barnaby Run............................ Approximately at the +21 District of Columbia.
confluence with Oxon Run.
At approximately 1,200 +53
feet upstream of South
Capital and Southern
Avenue.
Broad Branch........................... At approximately 2,560 +102 District of Columbia.
feet upstream of Ridge
Road.
At approximately 760 feet +187
upstream of 27th Street.
Creek Along Normanstone Drive.......... At approximately 230 feet +40 District of Columbia.
downstream of Rock Creek
Drive.
At approximately 190 feet +150
upstream of Normanstone
Drive.
East Creek A........................... At approximately 2,250 +165 District of Columbia.
feet downstream of
Dalecarlia Parkway.
At approximately 675 feet +169
downstream of Dalecarlia
Parkway.
East Creek B........................... Approximately at the +240 District of Columbia.
Glenbrook Road.
At approximately 760 feet +308
upstream of Driveway
Bridge 4.
Fenwick Branch......................... Approximately at the +176 District of Columbia.
confluence with Rock
Creek.
At approximately 3,620 +232
feet upstream of the
confluence with
Tributary of Fenwick
Branch.
Fort Dupont Creek...................... Approximately 500 feet +23 District of Columbia.
downstream of Minnesota
Avenue Bridge.
At approximately 40 feet +29
downstream of Minnesota
Avenue Bridge.
Melvin Hazen Branch.................... Approximately 1,000 feet +208 District of Columbia.
upstream from
Connecticut Avenue NW.
At approximately 125 feet +244
downstream of Reno Road.
Oxon Run............................... At approximately 320 feet +23 District of Columbia.
upstream of the
confluence with Barnaby
Run.
At approximately 6,160 +103
feet upstream of Wheeler
Road.
Pinehurst Run.......................... Approximately at the +165 District of Columbia.
confluence with Rock
Creek.
At approximately 3,100 +255
feet upstream of Oregon
Avenue.
Pope Branch............................ At approximately 80 feet +45 District of Columbia.
upstream of Minnesota
Avenue.
Approximately 4,630 feet +159
upstream of Minnesota
Avenue.
Potomac River.......................... At approximately 500 feet +9 District of Columbia.
downstream of Route 95.
At approximately 2,200 +41
feet upstream of Chain
Bridge Road.
Rock Creek............................. Approximately at the +16 District of Columbia.
confluence with Potomac
River.
Approximately at the +176
confluence with Fenwick
Branch.
Tributary to Fenwick Branch............ Approximately at the +191 District of Columbia.
confluence with Fenwick
Creek.
At approximately 2,500 +231 .........................
feet upstream of the
confluence with Fenwick
Branch.
Watts Branch........................... Approximately at the +15 District of Columbia.
confluence with
Anacostia River.
Approximately at Southern +96
Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
ADDRESSES
District of Columbia
Maps are available for inspection at the Department of the Environment, Watershed Protection Division, 1200 1st
Street, Northeast, Washington, DC 20002.
----------------------------------------------------------------------------------------------------------------
[[Page 28499]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: May 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12199 Filed 5-20-10; 8:45 am]
BILLING CODE 9110-12-P