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
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