Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations 38429

(5) ‘‘When using this product [in bold

type] pupils may become enlarged

temporarily.’’

* * * * *

Dated: June 14, 2000.

Margaret M. Dotzel,

Associate Commissioner for Policy.

[FR Doc. 00–15631 Filed 6–20–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1952

State Plans: Coverage of the United

States Postal Service and Other

Coverage Issues—Changes to Level of

Federal Enforcement for Alaska,

Arizona, California, Hawaii, Indiana,

Iowa, Kentucky, Maryland, Michigan,

Minnesota, Nevada, New Mexico, North

Carolina, Oregon, Puerto Rico, South

Carolina, Tennessee, Utah, Vermont,

Virginia, the Virgin Islands,

Washington and Wyoming; Correction

AGENCY: Occupational Safety and Health

Administration (OSHA), U.S.

Department of Labor.

ACTION: Final rule; correction.

SUMMARY: The Occupational Safety and

Health Administration published in the

Federal Register on June 9, 2000 (65 FR

36617), a document amending its

regulations on State Plans to reflect

Federal coverage of the United States

Postal Service and other coverage

issues. In subpart Q, Kentucky,

§ 1952.236, where the plan may be

inspected, was inadvertently designated

as § 1952.96. This document corrects

that designation.

EFFECTIVE DATE : June 9, 2000.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, Office of

Information and Consumer Affairs,

Occupational Safety and Health

Administration, U. S. Department of

Labor, Room N3637, 200 Constitution

Avenue, NW., Washington, DC 20210,

(202) 693–1999.

SUPPLEMENTARY INFORMATION:

Correction of Publication

In the final rule (FR Doc. 00–14150)

published in the Federal Register on

June 9, 2000 (65 FR 36617), make the

following correction:

PART 1952—[CORRECTED]

§ 1952.236 [Corrected]

On page 36625, in the first column,

following amendatory instruction 31,

correctly designate § 1952.96 as

§ 1952.236.

Authority: This document was prepared

under the direction of Charles N. Jeffress,

Assistant Secretary of Labor for Occupational

Safety and Health, U.S. Department of Labor,

200 Constitution Avenue, NW., Washington,

DC 20210.

Signed at Washington, D.C. the 14th day of

June, 2000.

Charles N. Jeffress,

Assistant Secretary.

[FR Doc. 00–15558 Filed 6–20–00; 8:45 am]

BILLING CODE 4510–26–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1% annual chance)

flood elevations and modified base

flood elevations are made final for the

communities listed below. The base

flood elevations and modified base

flood elevations 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).

EFFECTIVE DATES: The date of issuance of

the Flood Insurance Rate Map (FIRM)

showing base flood elevations and

modified base flood elevations for each

community. This date may be obtained

by contacting the office where the maps

are available for inspection as indicated

on the table below.

ADDRESSES: The final base flood

elevations 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:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

(FEMA or Agency) makes final

determinations listed below of base

flood elevations and modified base

flood elevations for each community

listed. The proposed base flood

elevations and proposed modified base

flood elevations were published in

newspapers of local circulation and an

opportunity for the community or

individuals to appeal the proposed

determinations to or through the

community was provided for a period of

ninety (90) days. The proposed base

flood elevations and proposed modified

base flood elevations were also

published in the Federal Register.

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.

The Agency 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 Flood

Insurance Rate Map available at the

address cited below for each

community.

The base flood elevations and

modified base flood elevations are made

final in the communities listed below.

Elevations at selected locations in each

community are shown.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director, Mitigation

Directorate, certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because final

or modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4104,

and are required to establish and

maintain community eligibility in the

National Flood Insurance Program. No

regulatory flexibility analysis has been

prepared.

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 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

38430 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations

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:

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

DELAWARE

New Castle County (Unincorporated Areas (FEMA

Docket No. 7303)

Unnamed Tributary to Mill

Creek:

Just upstream of Loblolly

Court .................................. *267

Approximately 870 feet upstream of Loblolly Court .... *281

Maps available for inspection

at the New Castle Government Center, 87 Reads Way,

New Castle, Delaware.

NEW YORK

Peru (Town), Clinton County

(FEMA Docket No. 7307)

Ausable River:

Approximately 0.59 mile

downstream of U.S. Route

9 ......................................... *103

Approximately 0.83 mile upstream of U.S. Route 9 ..... *116

Little Ausable River:

Upstream side of Delaware

and Hudson Railroad

bridge ................................. *103

Downstream side of Jarvis

Road .................................. *321

Silver Stream:

Approximately 320 feet

downstream of U.S. Route

9 ......................................... *103

Downstream side of I–87

Northbound ........................ *185

Button Brook:

At confluence with Little Ausable River ........................ *284

Downstream side of

Peasleeville Road .............. *366

Maps available for inspection

at the Peru Town Hall, 3036

Main Street, Peru, New York.

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

NORTH CAROLINA

Clayton (Town), Johnston

County (FEMA Docket No.

7303)

Little Creek:

Approximately 1,000 feet

downstream of Ranch

Road (State Route 1560) .. *197

Just downstream of Robertson Street (State Highway

1552) ................................. *250

Maps available for inspection

at the Clayton Town Hall,

Planning Department, 231

East 2nd Street, Clayton,

North Carolina.

———

Johnston County (Unincorporated Areas) (FEMA

Docket No. 7303)

Little Creek:

At confluence with Swift

Creek ................................. *156

Approximately 1,000 feet

downstream of Ranch

Road (State Route 1560) .. *197

Swift Creek:

Approximately 0.4 mile downstream of confluence of Little Creek ............................ *154

At Wake County line ............. *203

Poplar Creek:

Approximately 700 feet

downstream of Wilson Mills

Road (State Route 1913) .. *129

Approximately 2,000 feet

downstream of Twin Oak

Drive .................................. *178

Unnamed Tributary #1 to Swift

Creek:

At the confluence of Swift

Creek ................................. *193

At the Wake County line ....... *218

Unnamed Tributary #2 to Swift

Creek:

At the confluence with Swift

Creek ................................. *178

Just upstream of Cornwallis

Road (State Route 1552) .. *262

White Oak Creek:

At the confluence with Swift

Creek ................................. *187

At the Wake County line ....... *223

Little Poplar Creek:

At the confluence with Poplar

Creek ................................. *141

Approximately 100 feet upstream from U.S. Highway

70 ....................................... *247

Maps available for inspection

at the Johnson County GIS

Department, 207 East Johnston Street, Smithfield, North

Carolina.

———

Wilson’s Mills (Town), Johnston County (FEMA Docket No. 7303)

Poplar Creek:

Approximately 0.76 mile

downstream of Twin Oak

Drive .................................. *170

Corporate limits to Swift

Creek Road ....................... *196

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps available for inspection

at the Wilson’s Mills Town

Hall, 22 Fire Department

Road, Wilson’s Mills, North

Carolina.

OHIO

Harbor View (Village), Lucas

County (FEMA Docket No.

7295)

Maumee Bay: Approximately

300 feet east of the intersection of Autokee Street and

Lakeview Avenue .................. *579

Maps available for inspection

at the Harbor View Village

Hall, 327 Lakeview Drive,

Harbor View, Ohio.

———

Holland (Village), Lucas

County (FEMA Docket

Nos. 7227 and 7295)

Drennan Ditch:

At confluence with Wolf

Creek ................................. *619

At Village corporate limits ..... *634

Wolf Creek:

Approximately 1,200 feet

downstream of Holloway

Road .................................. *617

Approximately 700 feet upstream of Holloway Road .. *620

Maps available for inspection

at the Village of Holland Municipal Building, 1245 Clarion, Holland, Ohio.

———

Oregon (City), Lucas County

(FEMA Docket No. 7295)

Maumee Bay: Approximately

1,300 feet northwest of the

intersection of Alabama

Street and Mississippi Street *580

Lake Erie: At the intersection of

Norden Road and Jacobs

Road ...................................... *579

Maps available for inspection

at the City of Oregon Building and Zoning Inspection

Department, 5330 Seaman

Road, Oregon, Ohio.

———

Sylvania (City), Lucas County

(FEMA Docket No. 7227)

Schrieber Ditch:

Approximately 850 feet

downstream of Centennial

Road .................................. *673

Downstream side of Centennial Road ........................... *676

Maps available for inspection

at the City of Sylvania Administration Building/Services

Department, 6730 Monroe

Street, Suite 101, Sylvania,

Ohio.

———

Toledo (City), Lucas County

(FEMA Docket Nos. 7227

and 7295)

Ottawa River:

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations 38431

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At the City of Toledo corporate limits ....................... *580

At CSX Transportation .......... *580

Swan Creek:

At the confluence with

Maumee River ................... *580

Approximately 105 feet upstream of Monroe Street ... *580

Maumee River:

At the confluence with

Maumee Bay ..................... *580

Approximately 0.6 mile downstream of the corporate

limits .................................. *581

Maumee Bay: Entire coastline

within the City of Toledo *580

Otter Creek:

Upstream side of Taylor

Road .................................. *585

Downstream side of Seaman

Street ................................. *585

Haefner Ditch:

Approximately 330 feet upstream of Holland-Sylvania

Road .................................. *634

Approximately 0.5 mile upstream of Holland-Sylvania

Road .................................. *638

Hill Ditch:

Upstream side of Elmer Drive *627

Approximately 600 feet upstream of Orchard Hills

Boulevard .......................... *637

Delaware Creek:

Confluence with Maumee

River .................................. *581

Approximately 30 feet downstream of Rohr Road ......... *581

Maps available for inspection

at the City of Toledo Division

of Building Inspection, One

Government Center, Suite

1600, Toledo, Ohio.

———

Waterville (Village), Lucas

County (FEMA Docket No.

7227)

Maumee River:

Approximately 0.8 mile upstream of Dutch Road ....... *607

Approximately 1.2 miles upstream of Forst Road ........ *624

Maps available for inspection

at the Waterville Village Hall,

25 North Second Street,

Waterville, Ohio.

———

Whitehouse (Village), Lucas

County (FEMA Docket No.

7295)

Lone Oak Ditch:

Just downstream of

Whitehouse-Spencer Road *645

Just upstream of Waterville

Street ................................. *655

Maps available for inspection

at the Village of Whitehouse

Zoning and Building Department, 6655 Providence

Street, Whitehouse, Ohio.

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

PENNSYLVANIA

Delaware Water Gap (Borough), Monroe County

(FEMA Docket No. 7303)

Delaware River:

Approximately 1.2 miles

downstream of Interstate

80 ....................................... *313

Approximately 500 feet

downstream of confluence

with Cherry Creek ............. *321

Maps available for inspection

at the Delaware Water Gap

Borough Office, 49 Main

Street, Delaware Water Gap,

Pennsylvania.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: May 16, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 00–14294 Filed 6–20–00; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 94–124; FCC 00–161]

Use of Radio Frequencies Above 40

GHz for New Radio Applications.

AGENCY: Federal Communications

Commision.

ACTION: Final rule; denial.

SUMMARY: This document denies the

Petitions for Reconsideration filed by

the National Radio Astronomy

Observatory (‘‘NRAO’’) and New

England Digital Distribution, Inc.,

(‘‘NEDD’’). These petitions requested

reconsideration of the Commission’s

Third Report and Order (‘‘third Order’’)

in this proceeding. This action reaffirms

the previous Commission decisions on

the spurious emission limit for

unlicensed vehicular radar devices

operating in the 76–77 GHz band, and

the coordination channel and

transmitter identification requirements

contained in the spectrum etiquette for

unlicensed operation in the 59–64 GHz

band.

FOR FURTHER INFORMATION CONTACT:

Rodney Conway, Office of Engineering

and Technology, (202) 418–2904.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order, ET

Docket 94–124, FCC 00–161, adopted

May 8, 2000 and May 17, 2000. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Information Center,

Room CY–A257, 445 12th Street, SW.,

Washington, DC, and also may be

purchased from the Commission’s

duplication contractor, International

Transcription Service, (202) 857–3800,

1231 20th Street, NW., Washington, DC

20036.

Summary of the Memorandum Opinion

and Order

1. The NRAO filed a Petition for

Reconsideration requesting a more

stringent spurious emission limit of 2

pW/cm2 rather than the limit of 1000

pW/cm2 for vehicle radar systems

operating in the 76–77 GHz band. NEDD

filed a Petition for Reconsideration of

the coordination channel and

transmitter identification requirements

of the spectrum etiquette for unlicensed

operation in the 59–64 GHz band. These

petitions requested reconsideration of

the Commission’s Third Report and

Order (‘‘Third Order’’) in this

proceeding, 63 FR 42276, August 7,

1998.

Emission Limits Above 200 GHz

2. The NRAO requests a more

stringent spurious emission limit of 2

pW/cm2 as measured at three meters for

unlicensed devices operating in the 76–

77 GHz band. The NRAO petition

provides no new information to support

its request; it instead points to

comments filed by the National

Academy of Sciences Committee on

Radio Frequencies (‘‘CORF’’) earlier in

this proceeding as the basis for its

request. NRAO alleges that, in the Third

Order, the Commission did not

adequately address the specific

concerns or calculations set forth by

CORF, nor did it explain the basis of its

beliefs in rejecting CORF’s proposed

limits in favor of those recommended by

the National Telecommunications and

Information Administration (‘‘NTIA’’).

NRAO believes that such a failure to

address the key argument is arbitrary

and capricious and does not constitute

reasoned decision-making.

3. Our review reveals that CORF

essentially assumes that the vehicular

radars will be within boresight of or

targeted at the radio astronomy receive

antenna and be capable of radiating a

coherent and focused emission directly

into a 0 dBi side lobe of a radio

astronomy antenna without taking into

account any attenuation from the

atmosphere, intervening terrain, angular

separation or elevation separation that

may be present. In addition, we note

that IEEE Vehicular Radar Standards