7544 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / 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 

Spring Creek ............................. Approximately 355 feet downstream of Spring Creek Dam +727 Unincorporated Areas of 

Roane County. 

Approximately 352 feet downstream of Clary Road ........... +728 

Tanner Run ............................... Approximately 510 feet upstream of Main Street ............... +726 Unincorporated Areas of 

Roane County. 

Approximately 0.51 mile upstream of Main Street .............. +733 

* 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 Roane County 

Maps are available for inspection at the Roane County Courthouse, 200 Main Street, Spencer, WV 25276. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: January 30, 2012. 

Sandra K. Knight, 

Deputy Associate Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2012–3202 Filed 2–10–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

[Docket No. FMCSA–2004–19608] 

RIN 2126–AB26 

Hours of Service of Drivers: Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: FMCSA corrects the hours of 

service (HOS) final rule published on 

December 27, 2011 (76 FR 81143). This 

correction notice corrects the 

amendatory language or guidance to 

legal editors of the Code of Federal 

Regulations (CFR) on the proper 

codification of the December 27, 2011 

rule. This notice does not change, in any 

manner, the regulatory text. 

DATES: This final rule is effective 

February 27, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, Driver and Carrier 

Operations Division, Federal Motor 

Carrier Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, (202) 366–4325. 

SUPPLEMENTARY INFORMATION: The 

amendatory instruction for paragraph 

(b) Driving conditions in § 395.1 Scope 

of the rules in this part incorrectly 

referenced revising paragraph (b)(1)’s 

introductory text. FMCSA intended to 

completely revise paragraph (b)(1). An 

unintended edit to the instruction made 

just before publication caused the 

instruction to be inaccurate. FMCSA 

intended for the current paragraph’s 

subparagraphs (b)(1)(i) through (b)(1)(iv) 

to be removed entirely. See the 

discussion of the Agency’s intentions in 

the section-by-section analysis on 76 FR 

81165 col. 3. This correction notice 

corrects the instruction for publishers of 

public and private editions of title 49 

CFR chapter III, subchapter B—Federal 

Motor Carrier Safety Regulations 

(FMCSRs). Correcting the amendatory 

language provides guidance to legal 

editors of the FMCSRs on the proper 

codification of the December 27, 2011 

rule. This notice does not change, in any 

manner, the regulatory text intended. 

In FR Doc. 2011–32696, appearing on 

page 81134 in the Federal Register of 

Tuesday, December 27, 2011, the 

following correction is made. 

§ 395.1 [Corrected] 

On page 81186, in the third column, 

in Part 395—Hours of Service of Drivers, 

in amendment 8a, the instruction, ‘‘8. 

Amend § 395.1 as follows: a. Revise the 

paragraph (b) heading and paragraph 

(b)(1) introductory text;’’ is corrected to 

read, ‘‘8. Amend § 395.1 as follows: a. 

Revise the paragraph (b) heading and 

revise paragraph (b)(1);’’ 

Issued on: February 7, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–3305 Filed 2–10–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0808041037–1649–02] 

RIN 0648–AX05 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Amendment 11; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects a mistake 

in the amendatory language in the final 

rule for Amendment 11 to the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

Management Plan. 

DATES: Effective March 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Aja 

Szumylo, Fishery Policy Analyst, 978– 

281–9195. 

SUPPLEMENTARY INFORMATION: 

Background 

The final rule for Amendment 11 to 

the Atlantic Mackerel, Squid, and 

Butterfish (MSB) Fishery Management 

Plan was published in the Federal 

Register on November 7, 2011 (76 FR 


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Rules and Regulations 7545 

68642). The final measures in that 

action included: A tiered limited access 

program for the Atlantic mackerel 

fishery; an open access incidental catch 

permit for mackerel; an update to 

essential fish habitat designations for all 

life stages of mackerel, longfin squid, 

Illex squid, and butterfish; and the 

establishment of a recreational 

allocation for mackerel. Details 

regarding the measures in Amendment 

11 are in the final rule and are not 

repeated here. 

The final regulations in Amendment 

11 revised portions of 50 CFR 648.4; the 

new regulatory text will be effective on 

March 1, 2012. The amendatory 

language for § 648.4 on page 68653 of 

the final rule has instructions for a 

revision of paragraph § 648.4 (a)(5)(iii). 

However, the amendatory language 

should have also included instructions 

for a revision of § 648.4 (a)(5)(iv) and the 

addition of § 648.4 (a)(5)(v). The text for 

these paragraphs is listed on page 68655 

of the final rule. As published, the error 

in the amendatory language would 

result in the removal of § 648.4 (a)(5)(iv) 

and § 648.4 (a)(5)(v) on March 1, 2012. 

These paragraphs describe the Atlantic 

mackerel incidental catch permit and 

the MSB party and charter boat permit. 

This correction adjusts the amendatory 

instruction 2 for § 648.4 to allow for the 

designation of paragraphs (a)(5)(iv) and 

(v) in time for the March 1, 2012, 

effective date. This correction does not 

change the intent or application of the 

measures described in the proposed and 

final rule. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

under 5 U.S.C. 553(b)(B), to waive the 

requirement for prior notice and 

opportunity for public comment for this 

action because notice and comment 

would be unnecessary, impracticable, 

and contrary to the public interest. 

Notice and comment are unnecessary, 

impracticable, and contrary to the 

public interest because this action 

simply makes the text of the codified 

regulations consistent with the text in 

the final rule, and makes corrections to 

accurately reflect the intent of the final 

rule. This correction eliminates 

inconsistencies between the regulatory 

text contained in the final rule and the 

codified regulations, and therefore 

eliminates any confusion that the 

inconsistency might create for the 

public. No aspect of this action is 

controversial and no change in 

operating practices in the fishery is 

required from those intended in the 

final rule. 

For the same reasons, pursuant to 5 

U.S.C. 553(d), the AA finds good cause 

to waive the 30-day delay in effective 

date. If this rule is not implemented by 

March 1, 2012, two paragraphs of 

regulations regarding permit 

requirements would be removed, which 

could cause confusion and would be 

inconsistent with the final rule. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Correction 

In the Federal Register of November 

7, 2011, in FR Doc. 2011–28772, on page 

68653, in the second column, 

amendatory instruction 2 is corrected to 

read as follows: 

§ 648.4 [Corrected] 

‘‘2. In § 648.4, paragraphs (a)(5)(iii) 

and (a)(5)(iv) are revised, and 

paragraphs (a)(5)(v), and (c)(2)(vii) are 

added to read as follows:’’ 

Dated: February 8, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2012–3304 Filed 2–10–12; 8:45 am] 

BILLING CODE 3510–22–P 


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