Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Rules and Regulations 6877

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B,

(as revised by 59 FR 38654, July 29,

1994), this rule is categorically excluded

from further environmental

documentation. This action is not

expected to result in any significant

cumulative impacts on the human

environment or create substantial

controversy or substantial change to

existing environmental conditions. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble,

33 CFR part 117 is amended as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section § 117.1101 (a)(1) is revised

to read as follows:

§ 117.1101 Sturgeon Bay.

* * * * *

(a) From March 15 through December

31—

(1) The draw need open on signal for

recreational vessels only on the hour, 24

hours a day. However, if more than 20

vessels have accumulated at the bridge,

the draw shall open as soon as possible.

* * * * *

Dated: February 10, 1997.

G.F. Woolever,

Rear Admiral, U.S. Coast Guard, Commander,

Ninth Coast Guard District.

[FR Doc. 97–3756 Filed 2–13–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

33 CFR Part 330, Appendix A

Nationwide Permits and Conditions

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Final rule.

SUMMARY: The Corps is removing

Appendix A to 33 CFR Part 330.

Appendix A contains a listing of the

nationwide permits and conditions

issued on November 21, 1991, which

expired on January 21, 1997. On

December 13, 1996, the Corps published

a Notice in the Federal Register (61 FR

65874–65922) of the issuance,

reissuance and modification of the

nationwide permits and conditions,

effective February 11, 1997. The

removal of Appendix A is merely a

‘‘housekeeping’’ measure which

removes obsolete materials from the

Federal Register and does not affect the

nationwide permits issued, reissued or

modified or the conditions in the Notice

issued on December 13, 1996.

EFFECTIVE DATE: January 22, 1997.

ADDRESSES: HQUSACE, CECW–OR,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT:

Mr. Sam Collinson, Regulatory Branch,

CECW–OR at (202) 761–0199, or Mr.

Tim Zimmerman, CECW–OR at (202)

761–0571.

SUPPLEMENTARY INFORMATION: On

November 22, 1991, the Corps

published a final rule in the Federal

Register amending the nationwide

permit program regulations in 33 CFR

Part 330. In that final rule, we stated

that upon expiration of the existing

nationwide permits, we would issue the

permits separately from the regulations

governing their use and rescind

Appendix A of 33 CFR Part 330

Appendix A. Consequently, the

nationwide permits will no longer

appear in the Code of Federal

Regulations (CFR), but will be published

in the Notice section of the Federal

Register and announced, with regional

conditions, in public notices issued by

Corps district offices and included on

the Internet. the nationwide permits

have now been published in the Federal

Register on December 13, 1996, using

the procedures adopted on November

22, 1991, for issuance, reissuance,

modification, and revocation of

nationwide permits. The previous

nationwide permits published at 33 CFR

Part 330, Appendix A, expired on

January 21, 1997, and are no longer in

effect. Therefore, we are removing

Appendix A from the CFR. This action

does not affect any projects that

qualified for the grandfather provisions

under 33 CFR 330.6(b).

Procedural Requirements

A. Review Under Executive Order 12866

The Corps had determined that this

document does not contain major rule

requiring a Regulatory impact analysis

because it will not result in an annual

effect on the economy of $100 million

or more and it will not result in a major

increase in costs or services.

B. Review Under the Regulatory

Flexibility Act

These rules have been reviewed under

the Regulatory Flexibility Act (Pub. L.

96–354), which requires that

preparation of a regulatory flexibility

analysis for any regulation that will

have a significant economic impact on

a substantial number of small entities

(i.e., small businesses and small

Governments). The Corps expects that

the economic impact of the removal of

the expired nationwide permits

published on November 22, 1991, from

the CFR would have no impact on the

public, and accordingly, certifies that

this proposal will have no significant

economic impact on small entities.

C. Review Under the National

Environmental Policy Act

We have concluded, based on the

minor nature of this editorial change

that this removal of the expired

nationwide permits from the CFR at the

time of their expiration date will not

have significant impact to the human

environment, and preparation of an

environmental impact statement is not

required.

D. Unfunded Mandates Act

This rule does not impose an

enforceable duty among the private

sector and, therefore, is not a Federal

private sector mandate and is not

subject to the requirements of Section

202 or 205 of the Unfunded Mandates

Act. We have also found under Section

203 of the Unfunded Mandates Act, that

small Governments will not be

significantly and uniquely affected by

this action.

E. Submission to Congress and the

General Accounting Office

Pursuant to Section 801(a)(1)(A) of the

Administrative Procedure Act as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, the Army has submitted a report

containing this rule to the U.S. Senate,

House of Representatives, and the

Comptroller General of the General

Accounting Office, prior to the effective

date of this rule in the Federal Register.

This rule is not a major rule within the

meaning of Section 804(2) of the

Administrative Procedure Act, as

amended.
6878 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Rules and Regulations

List of Subjects in 33 CFR Part 330

Administrative practice and

procedure, Intergovernmental relations,

Navigation (water), Water pollution

control, and Waterways.

For the reasons set out in the

preamble, we are hereby amending 33

CFR Part 330, as follows:

PART 330—NATIONWIDE PERMIT

PROGRAM

1. The authority citation for Part 330

continues to read as follows:

Authority: 33 U.S.C. 401 et seq.; 33 U.S.C.

1344; and 33 U.S.C. 1413.

Appendix A to Part 330—[Removed]

2. Part 330 is amended by removing

Appendix A.

Dated: February 4, 1997.

Russell L. Fuhrman,

Major General, USA, Director of Civil Works.

[FR Doc. 97–3710 Filed 2–13–97; 8:45 am]

BILLING CODE 3710–92–M

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 301–7, 301–8, and

301–11

[FTR Amendment 54]

RIN 3090–AF98

Federal Travel Regulation;

Computation of Per Diem Allowance

for a Partial Day of Travel; Use of

Locality-Based Per Diem Rate for

Househunting Trips; Correction

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Correction.

SUMMARY: This document contains

corrections to rule document 96–32712

published in the issue of Friday,

December 27, 1996 (61 FR 68158).

EFFECTIVE DATE: December 27, 1996.

FOR FURTHER INFORMATION CONTACT:

Sharon Green, (202) 501–0299.

SUPPLEMENTARY INFORMATION: Beginning

on page 68159, make the following

corrections:

PART 301–7—PER DIEM

ALLOWANCES

1. On page 68159, in the second

column, instruction 4 is corrected to

read as follows:

‘‘4. Section 301–7.2 is amended by

revising paragraph (a)(2), by removing

paragraph (a)(3), and by redesignating

paragraph (a)(4) as (a)(3) to read as

follows:’’

2. On page 68159, in the second

column, in § 301–7.2(a)(2), remove

‘‘times and/or’’ from the heading.

3. On page 68159, in the third

column, in § 301–7.2, remove paragraph

(a)(3).

PART 301–8—REIMBURSEMENT OF

ACTUAL SUBSISTENCE EXPENSES

4. On page 68160, in the third

column, in instruction 11, the authority

citation for part 301–8 should read ‘‘5

U.S.C. 5707’’.

PART 301–11—CLAIMS FOR

REIMBURSEMENT

5. On page 68161, in the first column,

in instruction 13, the authority citation

for part 301–11, should read ‘‘5 U.S.C.

5707’’.

Sharon S. Green,

Director, Travel and Transportation

Management Policy Division.

[FR Doc. 97–3635 Filed 2–13–97; 8:45 am]

BILLING CODE 6820–34–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7201]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) (FIRMs) in

effect prior to this determination for

each listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Executive Associate Director reconsider

the changes. The modified elevations

may be changed during the 90-day

period.

ADDRESSES: The modified 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 following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon new scientific or

technical data.

The modifications are made pursuant

to section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program.

These modified elevations, 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.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

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 Executive Associate Director,

Mitigation Directorate, certifies that this

rule is exempt from the requirements of

the Regulatory Flexibility Act because

modified base flood elevations are

required by the Flood Disaster