20606 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 

SUMMARY: 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: 

• http://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 http:// 

www.regulations.gov, including any 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

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 http:// 

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 

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 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 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. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

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) 

Communities affected 

Effective Modified 

Sevier County, Utah, and Incorporated Areas 

Albinus Canyon ..................... Approximately 400 feet downstream of Old U.S. Highway 89.None +5343 Unincorporated Areas of 

Sevier County. 

Approximately 500 feet upstream of I–70 .................... None +5445 

East Koosharem Creek ......... Approximately 1,800 feet downstream of West 200 

South Street.

None +6870 Town of Koosharem, Unincorporated Areas of 

Sevier County. 

Approximately 500 feet upstream of North 300 West 

Street.

None +6975 

Indian Creek .......................... Approximately 500 feet downstream of East 300 

North Street.

None +5416 Town of Joseph. 

At the downstream side of I–70 ................................... None +5504 

Indian Creek Split Flow ......... Approximately 400 feet downstream of State Highway 

118.

None +5435 Town of Joseph. 

At the Indian Creek divergence .................................... None +5485 


srobinson on DSKHWCL6B1PROD with PROPOSALS
20608 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Koosharem Creek ................. Approximately 1,700 feet downstream of West 200 

South Street.

None +6878 Town of Koosharem, Unincorporated Areas of 

Sevier County. 

Approximately 0.4 mile upstream of West 200 North 

Street.

None +7037 

North Koosharem Creek ....... Approximately 700 feet downstream of North 200 

East Street.

None +6893 Town of Koosharem, Unincorporated Areas of 

Sevier County. 

Approximately 1,800 feet upstream of North 300 West 

Street.

None +7033 

* 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 ................ Approximately 970 feet downstream of Dazet Road ... None +1244 Unincorporated Areas of 

Yakima County. 

Approximately 2.08 miles upstream of Hubbard Road None +1831 

Cottonwood Creek Left Bank 

Overflow Downstream.

At the Cottonwood Creek confluence .......................... None +1293 Unincorporated Areas of 

Yakima County. 

At the Cottonwood Creek divergence .......................... None +1323 

Cottonwood Creek Left Bank 

Overflow Upstream.

Approximately 0.26 mile downstream of Canyon Road None +1406 Unincorporated Areas of 

Yakima County. 

Approximately 0.64 mile upstream of Canyon Road ... None +1475 

Cottonwood Creek Tributary 

1.

At the Cottonwood Creek confluence .......................... None +1613 Unincorporated Areas of 

Yakima County. 

Approximately 0.53 mile upstream of Cottonwood 

Canyon Road.

None +1668 

Secondary Tributary to Wide 

Hollow Tributary 2.

At the Tributary to Wide Hollow Creek Tributary 2 

confluence.

None +1519 Unincorporated Areas of 

Yakima County. 

Approximately 0.36 mile upstream of the Tributary to 

Wide Hollow Creek Tributary 2 confluence.

None +1569 

Shaw Creek .......................... At the Wide Hollow Creek confluence ......................... None +1179 City of Yakima, Unincorporated Areas of Yakima 

County. 

Approximately 160 feet upstream of Summitview 

Road.

None +1438 

Shaw Creek—Wide Hollow 

Creek Overflow.

At the Wide Hollow Creek confluence ......................... None +1152 City of Yakima. 

Approximately 0.27 mile upstream of Westbrook Loop None +1182 

Shaw Creek—Wide Hollow 

Creek Walmart Overflow 1.

At the Wide Hollow Creek confluence ......................... None +1151 City of Yakima. 

Approximately 1,307 feet upstream of South 64th Avenue.None +1158 

Shaw Creek—Wide Hollow 

Creek Walmart Overflow 2.

At the Wide Hollow Creek confluence ......................... None +1149 City of Yakima. 

Approximately 1,236 feet upstream of South 64th Avenue.None +1160 

Shaw Creek Ditch 1 .............. At the Shaw Creek confluence ..................................... None +1431 Unincorporated Areas of 

Yakima County. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 20609 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Approximately 170 feet downstream of North 112th 

Avenue.

None +1435 

Shaw Creek Left Bank Overflow.At the Shaw Creek confluence ..................................... None +1252 Unincorporated Areas of 

Yakima County. 

At the Shaw Creek divergence .................................... None +1270 

Shaw Creek North Pear 

Overflow.

At the Shaw Creek confluence ..................................... None +1235 City of Yakima, Unincorporated Areas of Yakima 

County. 

Approximately 560 feet upstream of Orchard Avenue None +1284 

Shaw Creek Overflow ........... At the Shaw Creek confluence ..................................... None +1187 City of Yakima, Unincorporated Areas of Yakima 

County. 

Approximately 0.3 mile upstream of South 91st Avenue.None +1222 

Shaw Creek Overflow South At the Shaw Creek confluence ..................................... None +1182 City of Yakima, Unincorporated Areas of Yakima 

County. 

Approximately 0.32 mile upstream of South 88th Avenue.None +1215 

Shaw Creek Tributary ........... At the Shaw Creek confluence ..................................... None +1230 Unincorporated Areas of 

Yakima County. 

Approximately 160 feet downstream of South Mize 

Road.

None +1407 

Tributary to Wide Hollow 

Creek Tributary 2.

At the Wide Hollow Creek Tributary 2 confluence ....... None +1470 Unincorporated Areas of 

Yakima County. 

Approximately 0.42 mile upstream of Lynch Road ...... None +1566 

Wide Hollow Creek ............... At the Yakima River confluence ................................... +959 +958 City of Union Gap, City of 

Yakima, Unincorporated 

Areas of Yakima County. 

Approximately 1.08 miles upstream of Stone Road .... None +1733 

Wide Hollow Creek Mill Weir 

Overflow.

At the Wide Hollow Creek confluence ......................... None +958 City of Union Gap. 

At the Wide Hollow Creek divergence ......................... None +964 

Wide Hollow Creek Right 

Bank Overflow 1.

At the Wide Hollow Creek confluence ......................... None +1413 Unincorporated Areas of 

Yakima County. 

Approximately 0.32 mile upstream of Wide Hollow 

Road.

None +1450 

Wide Hollow Creek Tributary 

1.

At the Wide Hollow Creek confluence ......................... None +1482 Unincorporated Areas of 

Yakima County. 

Approximately 1.08 miles upstream of Cook Road ..... None +1712 

Wide Hollow Creek Tributary 

1 Midflow Split.

At the Wide Hollow Creek Tributary 1 confluence ....... None +1647 Unincorporated Areas of 

Yakima County. 

At the Wide Hollow Creek Tributary 1 divergence ....... None +1660 

Wide Hollow Creek Tributary 

1 Left Bank Overflow.

Approximately 300 feet downstream of Stone Road ... None +1470 Unincorporated Areas of 

Yakima County. 

Approximately 0.7 mile upstream of Hollow Creek 

Lane.

None +1545 

Wide Hollow Creek Tributary 

2.

At the Wide Hollow Creek confluence ......................... None +1450 Unincorporated Areas of 

Yakima County. 

Approximately 0.45 mile upstream of Tieton Drive ...... None +1594 

Wide Hollow Structure 116 

Bypass.

At the Wide Hollow Creek confluence ......................... None +1370 Unincorporated Areas of 

Yakima County. 

At the Wide Hollow Creek divergence ......................... None +1378 

Wide Hollow Structure 125 

Bypass.

At the Wide Hollow Creek confluence ......................... None +1430 Unincorporated Areas of 

Yakima County. 

At the upstream side of Wide Hollow Road ................. None +1438 

Wide Hollow Structure 21 Bypass.At the Ahtanum Creek confluence ............................... None +953 City of Union Gap, Unincorporated Areas of 

Yakima County. 

At the Wide Hollow Creek divergence ......................... None +975 

Wide Hollow Structure 36 Bypass.At the Wide Hollow Creek confluence ......................... None +1012 City of Union Gap. 

At the Wide Hollow Creek divergence ......................... None +1016 

Wide Hollow Structure 47 Bypass.At the Wide Hollow Creek confluence ......................... None +1045 City of Union Gap. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
20610 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

At the Wide Hollow Creek divergence ......................... None +1050 

Wide Hollow Structure 86 Bypass.At the Wide Hollow Creek confluence ......................... None +1203 Unincorporated Areas of 

Yakima County. 

At the Wide Hollow Creek divergence ......................... None +1217 

Wide Hollow Structure 99 Bypass.At the Wide Hollow Creek confluence ......................... None +1264 Unincorporated Areas of 

Yakima County. 

At the Wide Hollow Creek divergence ......................... None +1280 

* 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 ............................. Approximately 1,400 feet downstream of County 

Route 14/1.

None +610 Unincorporated Areas of 

Wirt County. 

Approximately 500 feet downstream of County Route 

14/1.

None +610 

Little Kanawha River ............. Approximately 1.8 miles downstream of the Hughes 

River confluence.

None +610 Unincorporated Areas of 

Wirt County. 

Approximately 4.2 miles downstream of the Hughes 

River confluence.

None +610 

Approximately 1.4 miles downstream of State Route 5 None +623 

Approximately 650 feet downstream of State Route 5 None +625 

Tucker Creek ........................ At the Little Kanawha River confluence ....................... None +623 Unincorporated Areas of 

Wirt County. 

Approximately 1.1 miles upstream of the Little 

Kanawha River confluence.

None +623 

* 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 

Unincorporated Areas of Wirt County 

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


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Proposed Rules 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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice; request for additional 

public comment. 

SUMMARY: 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 

timely method of receiving and 

processing your comments. 

• Federal eRulemaking Portal: Go to 

http://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 http:// 

www.regulations.gov, including any 

personal information provided. Refer to 

the Privacy Act heading on http:// 

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 http://

edocket.access.gpo.gov/2008/pdf/E8- 

785.pdf. 

FOR FURTHER INFORMATION CONTACT: 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: 

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 

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, 


srobinson on DSKHWCL6B1PROD with PROPOSALS