Proposed Flood Elevation Determinations, 20606-20611 [2011-8852]

Download as PDF 20606 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules The U.S. Environmental Protection Agency (EPA) Region 5 is issuing a Notice of Intent to Delete the Spiegelberg Landfill Superfund Site (Site) located in Green Oak Township, Michigan from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Michigan, through the Michigan Department of Environmental Quality, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. DATES: Comments must be received by May 13, 2011. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1983–0002, by one of the following methods: • https://www.regulations.gov: Follow on-line instructions for submitting comments. • E-mail: Howard Caine, Remedial Project Manager, at caine.howard@epa.gov or Cheryl Allen, Community Involvement Coordinator, at allen.cheryl@epa.gov. • Fax: Gladys Beard, Deletion Process Manager, at (312) 697–2077. • Mail: Howard Caine, Remedial Project Manager, U.S. Environmental Protection Agency (SR–6J), 77 W. Jackson Boulevard, Chicago, IL 60604, (312) 353–9685, or Cheryl Allen, Community Involvement Coordinator, U.S. Environmental Protection Agency (SI–7J), 77 W. Jackson Boulevard, Chicago, IL 60604, (312) 353–6196 or (800) 621–8431. • Hand Delivery: Cheryl Allen, Community Involvement Coordinator, U.S. Environmental Protection Agency (SI–7J), 77 W. Jackson Blvd., Chicago, IL 60604. Such deliveries are only accepted during the docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. The normal business hours are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding holidays. Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1983– 0002. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:03 Apr 12, 2011 Jkt 223001 personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in the hard copy. Publicly available docket materials are available either electronically at https:// www.regulations.gov or in hard copy at: • U.S. Environmental Protection Agency—Region 5, 77 W. Jackson Boulevard, Chicago, IL 60604, Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. • Hamburg Township Library, 10411 Merrill Road., P.O. Box 247, Hamburg, MI 48139, (810) 231–1771, Hours: Monday through Thursday, 9 a.m. to 8 p.m.; Friday 12 p.m. to 6 p.m. and Saturday 9 a.m. to 5 p.m. FOR FURTHER INFORMATION CONTACT: Howard Caine, Remedial Project Manager, U.S. Environmental Protection Agency (SR–6J), 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353–9685, caine.howard@epa.gov. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ section of today’s Federal Register, we are publishing a direct final Notice of PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 Deletion of the Spiegelberg Landfill Superfund Site without prior Notice of Intent to Delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final Notice of Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this deletion action, we will not take further action on this Notice of Intent to Delete. If we receive adverse comment(s), we will withdraw the direct final Notice of Deletion, and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Notice of Deletion based on this Notice of Intent to Delete. We will not institute a second comment period on this Notice of Intent to Delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final Notice of Deletion which is located in the Rules and Regulations section of this Federal Register. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 193. Dated: April 5, 2011. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2011–8880 Filed 4–12–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2011–0002; Internal Agency Docket No. FEMA–B–1188] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities SUMMARY: E:\FR\FM\13APP1.SGM 13APP1 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before July 12, 2011. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is available for inspection at the community’s map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA–B–1188, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064, or (e-mail) luis.rodriguez1@dhs.gov. Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal FOR FURTHER INFORMATION CONTACT: Flooding source(s) Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064, or (e-mail) luis.rodriguez1@dhs.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation ** 20607 Effective Communities affected Modified Sevier County, Utah, and Incorporated Areas Albinus Canyon ..................... srobinson on DSKHWCL6B1PROD with PROPOSALS East Koosharem Creek ......... Indian Creek .......................... Indian Creek Split Flow ......... VerDate Mar<15>2010 18:03 Apr 12, 2011 Approximately 400 feet downstream of Old U.S. Highway 89. Approximately 500 feet upstream of I–70 .................... Approximately 1,800 feet downstream of West 200 South Street. None +5343 None None +5445 +6870 Approximately 500 feet upstream of North 300 West Street. Approximately 500 feet downstream of East 300 North Street. At the downstream side of I–70 ................................... Approximately 400 feet downstream of State Highway 118. At the Indian Creek divergence .................................... None +6975 None +5416 Town of Joseph. None None +5504 +5435 Town of Joseph. None +5485 Jkt 223001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\13APP1.SGM 13APP1 Unincorporated Areas of Sevier County. Town of Koosharem, Unincorporated Areas of Sevier County. 20608 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation ** Effective Communities affected Modified Koosharem Creek ................. Approximately 1,700 feet downstream of West 200 South Street. None +6878 None +7037 North Koosharem Creek ....... Approximately 0.4 mile upstream of West 200 North Street. Approximately 700 feet downstream of North 200 East Street. None +6893 Approximately 1,800 feet upstream of North 300 West Street. None Town of Koosharem, Unincorporated Areas of Sevier County. +7033 Town of Koosharem, Unincorporated Areas of Sevier County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Joseph Maps are available for inspection at 25 East 100 North Street, Joseph, UT 84739. Town of Koosharem Maps are available for inspection at 45 North Main Street, Koosharem, UT 84744. Unincorporated Areas of Sevier County Maps are available for inspection at 250 North Main Street, Richfield, UT 84701. Yakima County, Washington, and Incorporated Areas Cottonwood Creek ................ Cottonwood Creek Left Bank Overflow Downstream. Cottonwood Creek Left Bank Overflow Upstream. Cottonwood Creek Tributary 1. Secondary Tributary to Wide Hollow Tributary 2. Shaw Creek .......................... srobinson on DSKHWCL6B1PROD with PROPOSALS Shaw Creek—Wide Hollow Creek Overflow. Shaw Creek—Wide Hollow Creek Walmart Overflow 1. Shaw Creek—Wide Hollow Creek Walmart Overflow 2. Shaw Creek Ditch 1 .............. VerDate Mar<15>2010 18:03 Apr 12, 2011 Approximately 970 feet downstream of Dazet Road ... None +1244 Approximately 2.08 miles upstream of Hubbard Road At the Cottonwood Creek confluence .......................... None None +1831 +1293 At the Cottonwood Creek divergence .......................... Approximately 0.26 mile downstream of Canyon Road None None +1323 +1406 Approximately 0.64 mile upstream of Canyon Road ... At the Cottonwood Creek confluence .......................... None None +1475 +1613 Approximately 0.53 mile upstream of Cottonwood Canyon Road. At the Tributary to Wide Hollow Creek Tributary 2 confluence. Approximately 0.36 mile upstream of the Tributary to Wide Hollow Creek Tributary 2 confluence. At the Wide Hollow Creek confluence ......................... None +1668 None +1519 None +1569 None +1179 Approximately 160 feet upstream of Summitview Road. At the Wide Hollow Creek confluence ......................... None +1438 None +1152 City of Yakima. Approximately 0.27 mile upstream of Westbrook Loop At the Wide Hollow Creek confluence ......................... None None +1182 +1151 City of Yakima. Approximately 1,307 feet upstream of South 64th Avenue. At the Wide Hollow Creek confluence ......................... None +1158 None +1149 None +1160 None +1431 Approximately 1,236 feet upstream of South 64th Avenue. At the Shaw Creek confluence ..................................... Jkt 223001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\13APP1.SGM 13APP1 Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. City of Yakima, Unincorporated Areas of Yakima County. City of Yakima. Unincorporated Areas of Yakima County. Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation ** Effective Communities affected Modified Approximately 170 feet downstream of North 112th Avenue. At the Shaw Creek confluence ..................................... None +1435 None +1252 At the Shaw Creek divergence .................................... At the Shaw Creek confluence ..................................... None None +1270 +1235 Shaw Creek Overflow ........... Approximately 560 feet upstream of Orchard Avenue At the Shaw Creek confluence ..................................... None None +1284 +1187 None +1222 Shaw Creek Overflow South Approximately 0.3 mile upstream of South 91st Avenue. At the Shaw Creek confluence ..................................... None +1182 None +1215 Shaw Creek Tributary ........... Approximately 0.32 mile upstream of South 88th Avenue. At the Shaw Creek confluence ..................................... None +1230 Approximately 160 feet downstream of South Mize Road. At the Wide Hollow Creek Tributary 2 confluence ....... None +1407 None +1470 Approximately 0.42 mile upstream of Lynch Road ...... At the Yakima River confluence ................................... None +959 +1566 +958 Approximately 1.08 miles upstream of Stone Road .... At the Wide Hollow Creek confluence ......................... None None +1733 +958 At the Wide Hollow Creek divergence ......................... At the Wide Hollow Creek confluence ......................... None None +964 +1413 Approximately 0.32 mile upstream of Wide Hollow Road. At the Wide Hollow Creek confluence ......................... None +1450 None +1482 Approximately 1.08 miles upstream of Cook Road ..... At the Wide Hollow Creek Tributary 1 confluence ....... None None +1712 +1647 At the Wide Hollow Creek Tributary 1 divergence ....... Approximately 300 feet downstream of Stone Road ... None None +1660 +1470 Approximately 0.7 mile upstream of Hollow Creek Lane. At the Wide Hollow Creek confluence ......................... None +1545 None +1450 Approximately 0.45 mile upstream of Tieton Drive ...... At the Wide Hollow Creek confluence ......................... None None +1594 +1370 At the Wide Hollow Creek divergence ......................... At the Wide Hollow Creek confluence ......................... None None +1378 +1430 At the upstream side of Wide Hollow Road ................. At the Ahtanum Creek confluence ............................... None None +1438 +953 At the Wide Hollow Creek divergence ......................... At the Wide Hollow Creek confluence ......................... None None +975 +1012 City of Union Gap. At the Wide Hollow Creek divergence ......................... At the Wide Hollow Creek confluence ......................... None None +1016 +1045 City of Union Gap. Shaw Creek Left Bank Overflow. Shaw Creek North Pear Overflow. Tributary to Wide Hollow Creek Tributary 2. Wide Hollow Creek ............... Wide Hollow Creek Mill Weir Overflow. Wide Hollow Creek Right Bank Overflow 1. Wide Hollow Creek Tributary 1. Wide Hollow Creek Tributary 1 Midflow Split. Wide Hollow Creek Tributary 1 Left Bank Overflow. Wide Hollow Creek Tributary 2. Wide Hollow Structure 116 Bypass. Wide Hollow Structure 125 Bypass. srobinson on DSKHWCL6B1PROD with PROPOSALS 20609 Wide Hollow Structure 21 Bypass. Wide Hollow Structure 36 Bypass. Wide Hollow Structure 47 Bypass. VerDate Mar<15>2010 18:03 Apr 12, 2011 Jkt 223001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\13APP1.SGM 13APP1 Unincorporated Areas of Yakima County. City of Yakima, Unincorporated Areas of Yakima County. City of Yakima, Unincorporated Areas of Yakima County. City of Yakima, Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. City of Union Gap, City of Yakima, Unincorporated Areas of Yakima County. City of Union Gap. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. City of Union Gap, Unincorporated Areas of Yakima County. 20610 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation ** Effective Modified Wide Hollow Structure 99 Bypass. At the Wide Hollow Creek divergence ......................... At the Wide Hollow Creek confluence ......................... None None +1050 +1203 At the Wide Hollow Creek divergence ......................... At the Wide Hollow Creek confluence ......................... None None +1217 +1264 At the Wide Hollow Creek divergence ......................... Wide Hollow Structure 86 Bypass. Communities affected None +1280 Unincorporated Areas of Yakima County. Unincorporated Areas of Yakima County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Union Gap Maps are available for inspection at 102 West Ahtanum Road, Union Gap, WA 98903. City of Yakima Maps are available for inspection at 129 North 2nd Street, Yakima, WA 98901. Unincorporated Areas of Yakima County Maps are available for inspection at 128 North 2nd Street, Yakima, WA 98901. Wirt County, West Virginia, and Incorporated Areas Daley Run ............................. Little Kanawha River ............. Tucker Creek ........................ Approximately 1,400 feet downstream of County Route 14/1. Approximately 500 feet downstream of County Route 14/1. Approximately 1.8 miles downstream of the Hughes River confluence. Approximately 4.2 miles downstream of the Hughes River confluence. Approximately 1.4 miles downstream of State Route 5 Approximately 650 feet downstream of State Route 5 At the Little Kanawha River confluence ....................... Approximately 1.1 miles upstream of the Little Kanawha River confluence. None +610 None +610 None +610 None +610 None None None +623 +625 +623 None Unincorporated Areas of Wirt County. +623 Unincorporated Areas of Wirt County. Unincorporated Areas of Wirt County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. srobinson on DSKHWCL6B1PROD with PROPOSALS ADDRESSES Unincorporated Areas of Wirt County Maps are available for inspection at the Wirt County Courthouse, Corner Court of Washington Street, Elizabeth, WV 26143. VerDate Mar<15>2010 18:03 Apr 12, 2011 Jkt 223001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\13APP1.SGM 13APP1 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: March 30, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011–8852 Filed 4–12–11; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 385, 390, and 395 [Docket No. FMCSA–2010–0167] RIN 2126–AB20 Electronic On-Board Recorders and Hours of Service Supporting Documents Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; request for additional public comment. AGENCY: On February 1, 2011, FMCSA published a notice of proposed rulemaking (NPRM), which proposed that electronic on-board recorders (EOBR) be required for commercial motor vehicle (CMV) operators who must keep records of duty status (RODS) (EOBR 2). In the EOBR 2 NPRM and in a predecessor EOBR rulemaking published on April 5, 2010 (EOBR 1), the Agency advised that it is required by statute to ensure that electronic devices are not used to harass CMV drivers, although they can be used by motor carriers to monitor productivity. The Agency believes it satisfactorily addressed the statutory requirement in both its EOBR rulemaking proceedings. In light of recent litigation challenging the Agency’s treatment of driver harassment in EOBR 1, however, FMCSA wishes to ensure that interested parties have a full opportunity to address this issue in the active EOBR 2 rulemaking. DATES: Comments must be received on or before May 23, 2011. ADDRESSES: You may submit comments identified by the Federal Docket Management System Number (FDMS) in the heading of this document by any of the following methods. Do not submit the same comments by more than one method. However, to allow effective public participation before the comment period deadline, the Agency encourages use of the Web site that is listed first. It will provide the most efficient and srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:03 Apr 12, 2011 Jkt 223001 timely method of receiving and processing your comments. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. • Hand Delivery: Ground floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number for this regulatory action. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Refer to the Privacy Act heading on https:// www.regulations.gov for further information. Privacy Act: Anyone is able to search the electronic form for 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 the DOT Privacy Act system of records notice for the FDMS in the Federal Register published on January 17, 2008 (73 FR 3316) at https:// edocket.access.gpo.gov/2008/pdf/E8785.pdf. For technical issues: Ms. Deborah M. Freund, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001 or by telephone at (202) 366–5370. For legal issues: Mr. Charles Fromm, Assistant Chief Counsel for Enforcement and Litigation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001 or by telephone at (202) 366–3551. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Regulatory Background and Authority On April 5, 2010, the Agency issued a final rule (EOBR 1) (75 FR 17208) that provides new technical requirements for electronic on-board recorders (EOBR). The EOBR 1 final rule also requires the limited, remedial use of EOBRs for motor carriers with significant hours-ofservice (HOS) violations. The EOBR 1 final rule requires a motor carrier found to have a 10 percent violation rate for PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 20611 any HOS regulation listed in Appendix C of 49 CFR part 385 during a single compliance review to install and use EOBRs on all of its CMVs for a period of 2 years. The compliance date for the rule is June 4, 2012. Subsequently, on February 1, 2011, the Agency published an NPRM that proposed to expand the scope of EOBR 1 to a broader population of motor carriers (EOBR 2) (76 FR 5537). Under the EOBR 2 NPRM, within 3 years of the effective date of the final rule, all motor carriers currently required to maintain RODS for HOS recordkeeping would be required to use EOBRs. In both EOBR rulemakings, FMCSA explained that DOT is directed by 49 U.S.C. 31137(a) to consider driver harassment in promulgating an EOBR rule. Section 31137(a) provides: If the Secretary of Transportation prescribes a regulation about the use of monitoring devices on commercial motor vehicles to increase compliance by operators of the vehicles with hours of service regulations of the Secretary, the regulation shall ensure that the devices are not used to harass vehicle operators. However, the devices may be used to monitor productivity of the operators. Although the Agency is not aware of any legislative history or case law concerning 49 U.S.C. 31137(a), FMCSA assessed this provision in the context of all existing legal authorities, permissible productivity monitoring, and related public comments. Based on these considerations, the Agency understands the term ‘‘harass’’ in Section 31137(a) to refer to harassment of drivers resulting from invasion of their privacy and has so interpreted the statutory language. FMCSA has addressed that pertinent statutory concern in this context in both the EOBR 2 NPRM (76 FR at 5552) and the EOBR 1 final rule (75 FR at 17220– 21). First, Section 31137(a) expressly permits use of EOBRs to monitor driver productivity. As a result, the statute permits carriers to use the devices for productivity-related purposes, which could include maintaining contact with drivers, monitoring driver progress, determining delivery and work schedules, and even requiring drivers to return to duty, so long as the drivers would not be put in violation of the HOS or other regulations. Section 31137(a) also expressly contemplates the use of monitoring devices to increase compliance with HOS regulations. As a result, the statute permits carriers to use the devices to monitor when, and for how long, drivers are in a particular duty status. Although some drivers might perceive such monitoring as a form of harassment, E:\FR\FM\13APP1.SGM 13APP1

Agencies

[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20606-20611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8852]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1188]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities

[[Page 20607]]

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

DATES: Comments are to be submitted on or before July 12, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
You may submit comments, identified by Docket No. FEMA-B-1188, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency, 500
C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail)
luis.rodriguez1@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

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

PART 67--[AMENDED]

1. The authority citation for part 67 continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Depth in feet above
Flooding source(s) Location of referenced ground [caret] Communities affected
elevation ** Elevation in meters
(MSL)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Sevier County, Utah, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Albinus Canyon...................... Approximately 400 feet None +5343 Unincorporated Areas of
downstream of Old U.S. Sevier County.
Highway 89.
Approximately 500 feet None +5445
upstream of I-70.
East Koosharem Creek................ Approximately 1,800 None +6870 Town of Koosharem,
feet downstream of Unincorporated Areas
West 200 South Street. of Sevier County.
Approximately 500 feet None +6975
upstream of North 300
West Street.
Indian Creek........................ Approximately 500 feet None +5416 Town of Joseph.
downstream of East 300
North Street.
At the downstream side None +5504
of I-70.
Indian Creek Split Flow............. Approximately 400 feet None +5435 Town of Joseph.
downstream of State
Highway 118.
At the Indian Creek None +5485
divergence.

[[Page 20608]]

Koosharem Creek..................... Approximately 1,700 None +6878 Town of Koosharem,
feet downstream of Unincorporated Areas
West 200 South Street. of Sevier County.
Approximately 0.4 mile None +7037
upstream of West 200
North Street.
North Koosharem Creek............... Approximately 700 feet None +6893 Town of Koosharem,
downstream of North Unincorporated Areas
200 East Street. of Sevier County.
Approximately 1,800 None +7033
feet upstream of North
300 West Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
Town of Joseph
Maps are available for inspection at 25 East 100 North Street, Joseph, UT 84739.

Town of Koosharem
Maps are available for inspection at 45 North Main Street, Koosharem, UT 84744.

Unincorporated Areas of Sevier County
Maps are available for inspection at 250 North Main Street, Richfield, UT 84701.
----------------------------------------------------------------------------------------------------------------
Yakima County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cottonwood Creek.................... Approximately 970 feet None +1244 Unincorporated Areas of
downstream of Dazet Yakima County.
Road.
Approximately 2.08 None +1831
miles upstream of
Hubbard Road.
Cottonwood Creek Left Bank Overflow At the Cottonwood Creek None +1293 Unincorporated Areas of
Downstream. confluence. Yakima County.
At the Cottonwood Creek None +1323
divergence.
Cottonwood Creek Left Bank Overflow Approximately 0.26 mile None +1406 Unincorporated Areas of
Upstream. downstream of Canyon Yakima County.
Road.
Approximately 0.64 mile None +1475
upstream of Canyon
Road.
Cottonwood Creek Tributary 1........ At the Cottonwood Creek None +1613 Unincorporated Areas of
confluence. Yakima County.
Approximately 0.53 mile None +1668
upstream of Cottonwood
Canyon Road.
Secondary Tributary to Wide Hollow At the Tributary to None +1519 Unincorporated Areas of
Tributary 2. Wide Hollow Creek Yakima County.
Tributary 2 confluence.
Approximately 0.36 mile None +1569
upstream of the
Tributary to Wide
Hollow Creek Tributary
2 confluence.
Shaw Creek.......................... At the Wide Hollow None +1179 City of Yakima,
Creek confluence. Unincorporated Areas
of Yakima County.
Approximately 160 feet None +1438
upstream of Summitview
Road.
Shaw Creek--Wide Hollow Creek At the Wide Hollow None +1152 City of Yakima.
Overflow. Creek confluence.
Approximately 0.27 mile None +1182
upstream of Westbrook
Loop.
Shaw Creek--Wide Hollow Creek At the Wide Hollow None +1151 City of Yakima.
Walmart Overflow 1. Creek confluence.
Approximately 1,307 None +1158
feet upstream of South
64th Avenue.
Shaw Creek--Wide Hollow Creek At the Wide Hollow None +1149 City of Yakima.
Walmart Overflow 2. Creek confluence.
Approximately 1,236 None +1160
feet upstream of South
64th Avenue.
Shaw Creek Ditch 1.................. At the Shaw Creek None +1431 Unincorporated Areas of
confluence. Yakima County.

[[Page 20609]]

Approximately 170 feet None +1435
downstream of North
112th Avenue.
Shaw Creek Left Bank Overflow....... At the Shaw Creek None +1252 Unincorporated Areas of
confluence. Yakima County.
At the Shaw Creek None +1270
divergence.
Shaw Creek North Pear Overflow...... At the Shaw Creek None +1235 City of Yakima,
confluence. Unincorporated Areas
of Yakima County.
Approximately 560 feet None +1284
upstream of Orchard
Avenue.
Shaw Creek Overflow................. At the Shaw Creek None +1187 City of Yakima,
confluence. Unincorporated Areas
of Yakima County.
Approximately 0.3 mile None +1222
upstream of South 91st
Avenue.
Shaw Creek Overflow South........... At the Shaw Creek None +1182 City of Yakima,
confluence. Unincorporated Areas
of Yakima County.
Approximately 0.32 mile None +1215
upstream of South 88th
Avenue.
Shaw Creek Tributary................ At the Shaw Creek None +1230 Unincorporated Areas of
confluence. Yakima County.
Approximately 160 feet None +1407
downstream of South
Mize Road.
Tributary to Wide Hollow Creek At the Wide Hollow None +1470 Unincorporated Areas of
Tributary 2. Creek Tributary 2 Yakima County.
confluence.
Approximately 0.42 mile None +1566
upstream of Lynch Road.
Wide Hollow Creek................... At the Yakima River +959 +958 City of Union Gap, City
confluence. of Yakima,
Unincorporated Areas
of Yakima County.
Approximately 1.08 None +1733
miles upstream of
Stone Road.
Wide Hollow Creek Mill Weir Overflow At the Wide Hollow None +958 City of Union Gap.
Creek confluence.
At the Wide Hollow None +964
Creek divergence.
Wide Hollow Creek Right Bank At the Wide Hollow None +1413 Unincorporated Areas of
Overflow 1. Creek confluence. Yakima County.
Approximately 0.32 mile None +1450
upstream of Wide
Hollow Road.
Wide Hollow Creek Tributary 1....... At the Wide Hollow None +1482 Unincorporated Areas of
Creek confluence. Yakima County.
Approximately 1.08 None +1712
miles upstream of Cook
Road.
Wide Hollow Creek Tributary 1 At the Wide Hollow None +1647 Unincorporated Areas of
Midflow Split. Creek Tributary 1 Yakima County.
confluence.
At the Wide Hollow None +1660
Creek Tributary 1
divergence.
Wide Hollow Creek Tributary 1 Left Approximately 300 feet None +1470 Unincorporated Areas of
Bank Overflow. downstream of Stone Yakima County.
Road.
Approximately 0.7 mile None +1545
upstream of Hollow
Creek Lane.
Wide Hollow Creek Tributary 2....... At the Wide Hollow None +1450 Unincorporated Areas of
Creek confluence. Yakima County.
Approximately 0.45 mile None +1594
upstream of Tieton
Drive.
Wide Hollow Structure 116 Bypass.... At the Wide Hollow None +1370 Unincorporated Areas of
Creek confluence. Yakima County.
At the Wide Hollow None +1378
Creek divergence.
Wide Hollow Structure 125 Bypass.... At the Wide Hollow None +1430 Unincorporated Areas of
Creek confluence. Yakima County.
At the upstream side of None +1438
Wide Hollow Road.
Wide Hollow Structure 21 Bypass..... At the Ahtanum Creek None +953 City of Union Gap,
confluence. Unincorporated Areas
of Yakima County.
At the Wide Hollow None +975
Creek divergence.
Wide Hollow Structure 36 Bypass..... At the Wide Hollow None +1012 City of Union Gap.
Creek confluence.
At the Wide Hollow None +1016
Creek divergence.
Wide Hollow Structure 47 Bypass..... At the Wide Hollow None +1045 City of Union Gap.
Creek confluence.

[[Page 20610]]

At the Wide Hollow None +1050
Creek divergence.
Wide Hollow Structure 86 Bypass..... At the Wide Hollow None +1203 Unincorporated Areas of
Creek confluence. Yakima County.
At the Wide Hollow None +1217
Creek divergence.
Wide Hollow Structure 99 Bypass..... At the Wide Hollow None +1264 Unincorporated Areas of
Creek confluence. Yakima County.
At the Wide Hollow None +1280
Creek divergence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES
City of Union Gap
Maps are available for inspection at 102 West Ahtanum Road, Union Gap, WA 98903.

City of Yakima
Maps are available for inspection at 129 North 2nd Street, Yakima, WA 98901.

Unincorporated Areas of Yakima County
Maps are available for inspection at 128 North 2nd Street, Yakima, WA 98901.
----------------------------------------------------------------------------------------------------------------
Wirt County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Daley Run........................... Approximately 1,400 None +610 Unincorporated Areas of
feet downstream of Wirt County.
County Route 14/1.
Approximately 500 feet None +610
downstream of County
Route 14/1.
Little Kanawha River................ Approximately 1.8 miles None +610 Unincorporated Areas of
downstream of the Wirt County.
Hughes River
confluence.
Approximately 4.2 miles None +610
downstream of the
Hughes River
confluence.
Approximately 1.4 miles None +623
downstream of State
Route 5.
Approximately 650 feet None +625
downstream of State
Route 5.
Tucker Creek........................ At the Little Kanawha None +623 Unincorporated Areas of
River confluence. Wirt County.
Approximately 1.1 miles None +623
upstream of the Little
Kanawha River
confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

ADDRESSES

Unincorporated Areas of Wirt County
Maps are available for inspection at the Wirt County Courthouse, Corner Court of Washington Street, Elizabeth,
WV 26143.
----------------------------------------------------------------------------------------------------------------

[[Page 20611]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Dated: March 30, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8852 Filed 4-12-11; 8:45 am]
BILLING CODE 9110-12-P

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