Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 54933 

IX. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the requirement of a 

tolerance under section 408(d) of 

FFDCA in response to a petition 

submitted to the Agency. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Because this rule has been exempted 

from review under Executive Order 

12866 due to its lack of significance, 

this rule is not subject to Executive 

Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). Nor does it require any 

special considerations under Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). Since 

tolerances and exemptions that are 

established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the exemption from the requirement of 

a tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

X. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 11, 2006. 

James J. Jones, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1272 is added to 

subpart D to read as follows: 

§ 180.1272 Pantoea agglomerans strain 

E325; exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Pantoea agglomerans strain E325 

when used on apples and pears. 

[FR Doc. 06–8005 Filed 9–19–06; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[FEMA Docket No. D–7642] 

Withdrawal of Final Flood Elevation 

Determination for the Listed 

Communities in Yuma and Coconino 

Counties, AZ 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Department of Homeland Security 

(DHS). 

ACTION: Final rule; withdrawal. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) withdraws 

the final flood elevation determination 

published in 71 FR 33647, June 12, 2006 

for the Unincorporated Areas of Yuma 

County and Cities of San Luis and 

Yuma, and the Unincorporated Areas of 

Coconino County, and City of Flagstaff, 

Arizona, hereafter referred to as ‘‘listed 

communities.’’ A final flood elevation 

determination will be made at a later 

date. 


rwilkins on PROD1PC63 with RULES
54934 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 

DATES: Effective Date: This rule is 

effective September 20, 2006. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., CFM, Chief, 

Engineering Management Section, 

Mitigation Division, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: On March 

29, 2006, FEMA issued a letter to the 

Unincorporated Areas of Yuma County 

and Cities of San Luis and Yuma, and 

the Unincorporated Areas of Coconino 

County, and City of Flagstaff, Arizona, 

hereafter referred to as ‘‘listed 

communities’’ finalizing the flood 

elevation determinations. In addition, 

the March 29, 2006 letter established a 

September 29, 2006, effective date for 

the Flood Insurance Study (FIS) and 

Flood Insurance Rate Map (FIRM) for 

the listed communities. During the final 

processing of the FIS and FIRM it was 

determined that there are levee 

structures within the listed counties that 

are shown as providing protection 

against the 1% annual chance flood 

event. FEMA will only recognize those 

levee systems that meet, and continue to 

meet, minimum design, operation, and 

maintenance standards. 44 CFR 65.10 

describes the information needed to 

recognize whether a levee system 

provides protection from the base flood 

event. The required information must be 

supplied to FEMA by the community or 

other party seeking recognition of the 

levee system. To acquire FEMA’s 

recognition that a levee system protects 

an area against the base flood event, a 

community or levee owner must supply 

FEMA with such data as certification 

and design criteria (including 

information on freeboard, closures, 

embankment protection, embankment 

and foundation stability, settlement, 

interior drainage, etc.), and operation 

and maintenance plans. 

Until the aforementioned levee 

information is submitted to FEMA, the 

final flood elevation published in 71 FR 

33647, June 12, 2006 for the listed 

communities is hereby withdrawn in 

accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104. Until further notice, the 

release of the FIS and FIRM for the 

listed communities has been postponed. 

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. 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 rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended to 

withdraw the following: 

The final flood elevation 

determination published in 71 FR 

33647, June 12, 2006 for the 

Unincorporated Areas of Yuma County 

and Cities of San Luis and Yuma, and 

the Unincorporated Areas of Coconino 

County, and City of Flagstaff, Arizona. 

Dated: September 13, 2006. 

David I. Maurstad, 

Director, Mitigation Division, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. 06–7808 Filed 9–19–06; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 06–1756; MB Docket No. 05–142; RM–

11220] 

Radio Broadcasting Services; Roma, 

TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; denial of petition for 

reconsideration. 

SUMMARY: The Audio Division has 

denied the petition for reconsideration 

of La Voz Latino (‘‘LVL’’), seeking 

reconsideration of the Audio Division’s 

dismissal of its counterproposal in the 

proceeding as untimely. In this 

Memorandum Opinion and Order, the 

Audio Division denied LVL’s petition 

for reconsideration of the dismissal of 

LVL’s counterproposal. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 05–142, adopted August 31, 

2006, and released September 5, 2006. 

The full text of this Commission 

decision is available for inspection and 

copying during normal business hours 

in the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

The complete text of this decision also 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document is 

not subject to the Congressional Review 

Act. The Commission is, therefore, not 

required to send a copy of this Report 

and Order in a report to be sent to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see U.S.C. 

801(a)(1)(A), because the petition for 

reconsideration was denied. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division Media 

Bureau. 

[FR Doc. E6–15530 Filed 9–19–06; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 06–1760; MB Docket No. 06–52; RM–

11318] 

Radio Broadcasting Services; Flora, 

MS 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In response to a Notice of 

Proposed Rule Making, this Report and 

Order denies a Petition for Rule Making 

requesting that Channel 280A be 

allotted to Flora, Mississippi, because 

no party filed comments expressing an 

interest in the allotment. It also 

dismisses a Counterproposal requesting 

that Channel 280A be allotted to 


rwilkins on PROD1PC63 with RULES