Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10253 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 25, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See Section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: February 9, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. Section 52.2270 is amended as 

follows: 

■ a. The table in paragraph (c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

115 (Reg 5), Subchapter G, by removing 

the centered heading ‘‘Division 2: 

Portable Fuel Containers’’ and by 

removing the entries under Division 2 

for Sections 115.620 through 115.629. 

■ b. The second table in paragraph (e) 

entitled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding to the end of the table a new 

entry entitled ‘‘Texas Portable Fuel 

Container State Implementation Plan’’ to 

read as follows: 

§ 52.2270 Identification of plan 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP 

provision 

Applicable geographic or nonattainment area 

State submittal/effective 

date 

EPA approval date Comments 

*******

Texas Portable Fuel Container 

State Implementation Plan.

All Affected 1997 Eight-Hour 

Ozone Standard Nonattainment 

And Near Nonattainment Areas 

In The State Of Texas.

3/4/2010 2/24/2011 [Insert FR page 

number where document 

begins].

[FR Doc. 2011–3996 Filed 2–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

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: 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) 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. 


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10254 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

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: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧ Elevation in 

meters (MSL) 

Modified 

Communities affected 

Matanuska-Susitna Borough, Alaska, and Incorporated Areas 

Docket No.: FEMA–B–1087 

Susitna River ......................... Approximately 11 miles northwest of the intersection of 

Talkeetna Road and Comsat Road.

+336 Borough of MatanuskaSusitna. 

Approximately 1,100 feet downstream of the confluence 

with the Chulitna River.

+355 

Talkeetna River ..................... Approximately 900 feet downstream of the railroad bridge 

north of Talkeetna.

+348 Borough of MatanuskaSusitna. 

Approximately 400 feet downstream of the confluence of 

Whiskey Slough.

+394 

Twister Creek ........................ Just downstream of South Talkeetna Road Spur ................. +345 Borough of MatanuskaSusitna. 

At the divergence from Talkeetna River ............................... +381 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Borough of Matanuska-Susitna 

Maps are available for inspection at 350 East Dahlia Avenue, Palmer, AK 99645. 

Carroll County, Arkansas, and Incorporated Areas 

Docket No.: FEMA–B–1066 

Leatherwood Creek ............... Approximately 0.61 mile upstream of Magnetic Road .......... +1109 City of Eureka Springs, Unincorporated Areas of Carroll 

County. 

Approximately 1,250 feet upstream of Magnetic Road ......... +1131 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Eureka Springs 

Maps are available for inspection at City Hall, 44 South Main Street, Eureka Springs, AR 72632. 

Unincorporated Areas of Carroll County 

Maps are available for inspection at the Carroll County Courthouse, 210 West Church Street, Berryville, AR 72616. 

Vanderburgh County, Indiana, and Incorporated Areas 

Docket No.: FEMA–B–1080 

Bluegrass Creek .................... At Heckel Road ..................................................................... +384 Unincorporated Areas of 

Vanderburgh County. 

Approximately 1.5 miles upstream of Boonville-New Harmony Road.+387 

Crawford-Brandeis Ditch ....... Just upstream of Norfolk Southern Railroad ......................... +386 Unincorporated Areas of 

Vanderburgh County. 

Dry Run Lower ...................... At the confluence with Pigeon Creek .................................... +378 City of Evansville. 

Approximately 100 feet upstream of 1st Avenue .................. +381 

Dry Run Upper ...................... At the confluence with Dry Run Lower ................................. +378 City of Evansville. 

Approximately 0.3 mile upstream of Cross Gate Drive ........ +407 

Greenbriar Hills Tributary ...... Approximately 600 feet upstream of the confluence with Little Pigeon Creek.+381 Unincorporated Areas of 

Vanderburgh County. 

Approximately 800 feet upstream of Greendale Drive .......... +413 

Harper Ditch .......................... At the confluence with Hirsch Ditch ...................................... +381 City of Evansville. 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10255 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧ Elevation in 

meters (MSL) 

Modified 

Communities affected 

At the confluence with Pigeon Creek .................................... +381 

Hirsch Ditch ........................... At the confluence with Harper Ditch ..................................... +381 City of Evansville, Unincorporated Areas of 

Vanderburgh County. 

At the confluence with Crawford-Brandeis, Lockwood, and 

Stockfleith Ditches.

+386 

Little Pigeon Creek ................ At the confluence with Pigeon Creek .................................... +378 City of Evansville, Unincorporated Areas of 

Vanderburgh County. 

Approximately 2,250 feet upstream of the confluence with 

Pigeon Creek.

+378 

Lockwood Ditch ..................... At the confluence of Crawford-Brandeis, Stockfleith, and 

Hirsch Ditches.

+386 Unincorporated Areas of 

Vanderburgh County. 

At the county boundary ......................................................... +387 

Mill Road Tributary ................ At the confluence with Little Pigeon Creek ........................... +378 City of Evansville. 

Approximately 725 feet upstream of Inwood Drive ............... +407 

Nurenbern Ditch .................... At the confluence with Lockwood Ditch ................................ +387 Unincorporated Areas of 

Vanderburgh County. 

At State Road 66 ................................................................... +389 

Ohio River ............................. Approximately 7.3 miles upstream of the Posey County 

boundary (extended).

+374 City of Evansville, Unincorporated Areas of 

Vanderburgh County. 

Approximately 1.5 miles downstream of the Warrick County 

boundary (extended).

+381 

Pigeon Creek ......................... Approximately 1,200 feet downstream of North Fulton Avenue.+378 City of Evansville, Unincorporated Areas of 

Vanderburgh County. 

At Green River Road ............................................................. +383 

Schlensker Ditch ................... At Green River Road ............................................................. +389 Unincorporated Areas of 

Vanderburgh County. 

Approximately 2,000 feet upstream of Browning Road ........ +441 

Schlensker Ditch Tributary .... At the confluence with Schlensker Ditch ............................... +405 Unincorporated Areas of 

Vanderburgh County. 

Approximately 0.5 mile upstream of the confluence with 

Schlensker Ditch.

+409 

Stockfleith Ditch ..................... At the confluence with Hirsch, Lockwood, and CrawfordBrandeis Ditches.+386 Unincorporated Areas of 

Vanderburgh County. 

At State Road 66 ................................................................... +388 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Evansville 

Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1 Northwest Martin Luther King Jr. 

Boulevard, Room 310, Evansville, IN 47708. 

Unincorporated Areas of Vanderburgh County 

Maps are available for inspection at the Evansville Civic Center Complex, Building Commission Department, 1 Northwest Martin Luther King Jr. 

Boulevard, Room 310, Evansville, IN 47708. 

Marion County, Kansas, and Incorporated Areas 

Docket No.: FEMA–B–1087 

Clear Creek ........................... At the confluence with Mud Creek ........................................ +1319 Unincorporated Areas of Marion County. 

Approximately 250 feet upstream of Cedar Street ............... +1319 

Cottonwood River .................. Approximately 1,100 feet downstream of 5th Street ............. +1272 Unincorporated Areas of Marion County. 

Approximately 775 feet upstream of West Main Street ........ +1316 

Cottonwood River Tributary .. Approximately 1,100 feet upstream of Upland Road ............ +1307 Unincorporated Areas of Marion County. 

Approximately 1,200 feet upstream of Tanglewood Street ... +1322 

Doyle Creek ........................... Approximately 1.1 miles downstream of 105th Street .......... +1272 City of Marion, Unincorporated Areas of Marion 

County. 

Approximately 0.7 mile upstream of Maple Street ................ +1367 


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10256 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧ Elevation in 

meters (MSL) 

Modified 

Communities affected 

Mud Creek ............................. Approximately 1,000 feet upstream of the confluence with 

Cottonwood Creek.

+1316 City of Marion, Unincorporated Areas of Marion 

County. 

Approximately 1,200 feet upstream of the confluence with 

Clear Creek.

+1319 

Old Mud Creek Channel ....... Approximately 1,100 feet downstream of Commercial Street +1299 City of Marion, Unincorporated Areas of Marion 

County. 

Approximately 1.6 miles upstream of Main Street ................ +1300 

Old Mud Creek Channel Tributary.At the confluence with Old Mud Creek Channel ................... +1299 City of Marion. 

At West Santa Fe Street ....................................................... +1304 

Prairie Creek ......................... At the confluence with Doyle Creek ...................................... +1356 Unincorporated Areas of Marion County. 

Approximately 0.7 mile upstream of Old Mill Road .............. +1390 

Spring Creek ......................... At Peabody Street ................................................................. +1368 Unincorporated Areas of Marion County. 

Approximately 1,325 feet upstream of 70th Street ............... +1377 

Tributary to Cottonwood River Approximately 1,375 feet downstream of West Main Street +1299 City of Marion. 

Approximately 75 feet downstream of West Main Street ..... +1299 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Marion 

Maps are available for inspection at City Hall, 208 East Sante Fe Street, Marion, KS 66861. 

Unincorporated Areas of Marion County 

Maps are available for inspection at the Marion County Courthouse, 200 South 3rd Street, Marion, KS 66861. 

Simpson County, Kentucky, and Incorporated Areas 

Docket No.: FEMA–B–1066 

Webb Branch ......................... Just downstream of KY–1008 (Industrial Bypass) ................ +660 City of Franklin, Unincorporated Areas of Simpson 

County. 

Approximately 0.4 mile upstream of Witt Road .................... +736 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Franklin 

Maps are available for inspection at 117 West Cedar Street, Franklin, KY 42135. 

Unincorporated Areas of Simpson County 

Maps are available for inspection at 100 Main Street, Franklin, KY 42135. 

Allen Parish, Louisana, and Incorporated Areas 

Docket No.: FEMA–B–1040 

Beaver Creek ........................ Approximately 7,218 feet downstream of 16th Street ........... +117 City of Oakdale. 

Approximately 575 feet downstream of 16th Street .............. +119 

Bunch Creek .......................... At Martin Tram Road ............................................................. +37 Unincorporated Areas of 

Allen Parish. 

Approximately 3,097 feet upstream of U.S. Route 190 ........ +38 

Calcasieu River ..................... Approximately 341 feet upstream of the confluence with 

unnamed creek.

+106 City of Oakdale. 

At the intersection of unnamed creek and Union Pacific 

Railroad.

+107 

Gilley Gully ............................ Approximately 1,539 feet downstream of Martin Tram Road +35 Unincorporated Areas of 

Allen Parish. 

Approximately 4,613 feet upstream of Martin Tram Road .... +36 

Whisky Chitto Creek .............. Approximately 10,369 feet upstream of the confluence with 

the Calcasieu River.

+41 Unincorporated Areas of 

Allen Parish. 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10257 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧ Elevation in 

meters (MSL) 

Modified 

Communities affected 

Approximately 6,544 feet upstream of the confluence with 

the Calcasieu River.

+41 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Oakdale 

Maps are available for inspection at 333 East 6th Avenue, Oakdale, LA 71463. 

Unincorporated Areas of Allen Parish 

Maps are available for inspection at the Allen Parish Police Jury, 602 Court Street, Oberlin, LA 70655. 

Barton County, Missouri, and Incorporated Areas 

Docket No.: FEMA–B–1075 

North Fork Spring River ........ Approximately 6,200 feet downstream of the City of Lamar 

Heights corporate limits.

+935 City of Lamar Heights, Unincorporated Areas of Barton 

County. 

Approximately 600 feet upstream of the City of Lamar corporate limits.+942 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Lamar Heights 

Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759. 

Unincorporated Areas of Barton County 

Maps are available for inspection at 1004 Gulf Street, Room 103, Lamar, MO 64759. 

Greene County, Ohio, and Incorporated Areas 

Docket No.: FEMA–B–1012 and FEMA–B–1085 

Possum Run .......................... Approximately 900 feet downstream of Wilmington Pike ..... +931 City of Centerville. 

At the confluence of Wilmington Pike North Branch ............. +940 

Shawnee Park Tributary ........ Approximately 0.80 mile upstream of Monroe Drive ............. +924 City of Xenia, Unincorporated 

Areas of Greene County. 

Just downstream of U.S. Route 42 ....................................... +943 

South Fork Massies Creek .... Approximately 0.53 mile upstream of the railroad ................ +1041 Unincorporated Areas of 

Greene County. 

Approximately 240 feet downstream of Weimer Road ......... +1050 

Yellow Springs Creek ............ Approximately 0.8 mile upstream of Grinnell Road .............. +886 Village of Yellow Springs 

Approximately 0.7 mile downstream of Fairfield Road ......... +905 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Centerville 

Maps are available for inspection at the Municipal Building, 100 West Spring Valley Road, Centerville, OH 45458. 

City of Xenia 

Maps are available for inspection at City Hall, 101 North Detroit Street, Xenia, OH 45385. 

Unincorporated Areas of Greene County 

Maps are available for inspection at the Greene County Building Regulations, 667 Dayton-Xenia Road, Xenia, OH 45385. 

Village of Yellow Springs 

Maps are available for inspection at 100 Dayton Street, Yellow Springs, OH 45387. 

Hopkins County, Texas, and Incorporated Areas 

Docket No.: FEMA–B–1091 

Coleman Creek ..................... Approximately 0.56 mile upstream of State Highway 19 ...... +437 Unincorporated Areas of 

Hopkins County. 

Approximately 600 feet upstream of State Highway 19 ....... +445 


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10258 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧ Elevation in 

meters (MSL) 

Modified 

Communities affected 

Gena Creek ........................... Just upstream of FM Road 1870 .......................................... +440 Unincorporated Areas of 

Hopkins County. 

Approximately 1.04 miles upstream of FM Road 1870 ........ +457 

Rock Creek ............................ Just downstream of unnamed railroad .................................. +421 Unincorporated Areas of 

Hopkins County. 

Approximately 500 feet upstream of Holiday Drive .............. +476 

Turtle Creek ........................... Just upstream of State Highway 11 ...................................... +481 Unincorporated Areas of 

Hopkins County. 

Just upstream of unnamed railroad ...................................... +494 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Hopkins County 

Maps are available for inspection at the Hopkins County Courthouse, 118 Church Street, Sulphur Springs, TX 75483. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: February 8, 2011. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2011–4129 Filed 2–23–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 11–02] 

RIN 3072–AC41 

Amendments to Commission’s Rules 

of Practice and Procedure 

DATE: February 17, 2011. 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) 

amends its Rules of Practice and 

Procedure to update, clarify, and reduce 

the burden on parties to proceedings 

before the Commission. 

DATES: The final rule is effective 

February 24, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Washington, DC 

20573–0001, Tel.: (202) 523–5725, 

E-mail: secretary@fmc.gov. 

Rebecca A. Fenneman, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street, NW., 

Washington, DC 20573–0001, Tel.: 

(202) 523–5740, E-mail: 

generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission’s Rules of Practice and 

Procedure, 46 CFR part 502, govern 

procedures before the Commission. 46 

CFR 502.1–502.991. The rules are in 

place to secure just, speedy, and 

inexpensive resolution of proceedings 

before the Commission. After review of 

the procedural rules in their current 

form, the Commission has found that 

certain provisions have become 

outdated, unclear, or unduly 

burdensome. Therefore, the Commission 

has determined to amend part 502 of 

Title 46 of the Code of Federal 

Regulations to update and improve the 

Commission’s Rules of Practice and 

Procedure. 

As a first step in updating and 

improving its procedural rules, the 

Commission is making changes to 

Subparts A, H, I, S, and T of its Rules 

of Practice and Procedure. A number of 

technical, non-substantive changes are 

made to other Subparts of the rules. 

This Final Rule also includes 

corrections of some typographical errors 

in the rules. 

The most notable changes are as 

follows: 

Section 502.2 

The Commission has clarified the 

provisions for electronic filing of 

documents and has amended the 

number of copies to be filed in 

Commission proceedings. Previously, in 

proceedings before the Commission, an 

original and fifteen (15) copies of certain 

documents filed and served in the 

proceedings were required to be 

furnished for the Commission’s use and 

an original and four (4) copies of other 

documents were required to be 

furnished. The Commission is now 

requiring the filing of an original and 

five (5) copies of all documents filed in 

order to simplify this requirement, to 

reduce the burden on parties to 

Commission proceedings, and to reduce 

paper waste. The rule as revised 

requests that filings also be sent in PDF 

form when possible, either through 

electronic e-mail (‘‘e-mail’’) or on an 

electronic storage device. 

As many parties currently transmit 

documents by electronic means (except 

for initial filing of complaints and 

claims), the Commission has 

determined to accommodate electronic 

submission of documents for the 

purpose of meeting filing deadlines if 

the original and five (5) copies follow 

immediately by mail or courier. This 

Final Rule includes new rules for such 

electronic submission of documents to 

the Commission, and removes reference 

to facsimile transmissions. 

To facilitate communications and 

service of documents, the amended rule 

requires all parties to provide the 

Commission and all other parties with 

accurate and current contact 

information. 

The Final Rule amends the 

requirement to file discovery materials. 

The previous rule, 46 CFR 

502.118(b)(3)(i) (repealed by this Final 

Rule) required parties to file with the 

Commission a single copy of discovery 


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