Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Rules and Regulations 66181

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

IX. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the tolerance

requirement under FFDCA section

408(d) 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 October 4, 1993 (58 FR 51735).

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 prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments May 19,

1998 (63 FR 27655); special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations February 16, 1994 (59 FR

7629); or require OMB review or any

Agency action under Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks April 23, 1997 (62 FR

19885). 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 FFDCA section 408(d), such as

the exemption 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 August 10, 1999 (64 FR

43255). 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 FFDCA section 408(n)(4).

X. Submission to Congress and the

Comptroller General

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: October 6, 2000.

Janet L. Andersen,

Director, Biopesticides and Pollution

Prevention Division.

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), 346(a) and

374.

2. In subpart D §180.1139, 180.1140,

and 180.1141 are revised to read as

follows:

§ 180.1139 Sodium 5-nitroguaiacolate;

exemption from the requirements of a

tolerance.

The biochemical sodium 5-

nitroguiacolate is exempted from the

requirement of a tolerance when used as

a plant growth regulator in end–use

products at a concentration of 0.1% by

weight and applied at an application

rate of 20 g of a.i. per acre or less per

application, in or on all food

commodities.

§ 180.1140 Sodium o-nitrophenolate;

exemption from the requirement of a

tolerance.

The biochemical sodium onitrophenolate is exempted from the

requirement of a tolerance when used as

a plant growth regulator in end–use

products at a concentration of 0.2% by

weight and applied at an application

rate of 20 g of a.i. per acre or less per

application, in or on all food

commodities.

§ 180.1141 Sodium p-nitrophenolate;

exemption from the requirement of a

tolerance.

The biochemical sodium pnitrophenolate is exempted from the

requirement of a tolerance when used as

a plant growth regulator in end–use

product at a concentration of 0.3% by

weight and applied at an application

rate of 20 g of a.i. per acre or less per

application, in or on all food

commodities.

[FR Doc. 00–28277 Filed 11–2–00; 8:45 am]

BILLING CODE 6560–50–S

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–D–7503]

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

66182 Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Rules and Regulations

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

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:

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

Study Branch, Mitigation Directorate,

Federal Emergency Management

Agency, 500 C Street SW., Washington,

DC 20472, (202) 646–3461, or (email)

matt.miller@fema.gov.

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

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

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

and are required to maintain community

eligibility in the National Flood

Insurance Program. No regulatory

flexibility analysis has been prepared.

Regulatory Classification. This

interim 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.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.

Accordingly, 44 CFR Part 65 is

amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for Part 65

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.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows:

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modification

Community

No.

Alabama:

Talladega ...... City of Sylacauga October 1, 1999, October

8, 1999, Daily Home.

The Honorable Jesse L. Cleveland,

Mayor of the City of Sylacauga,

P.O. Box 390, Sylacauga, Alabama

35150.

September 21,

1999.

010199 C

Florida:

Broward ......... Unincorporated

areas.

September 27, 2000, October 3, 2000, Sun-Sentinel.Mr. Roger J. Desjarlais, Broward

County Administrator, 115 South

Andrews Avenue, Room 409, Fort

Lauderdale, Florida 33301.

April 20, 2000 ...... 125093 F

Alachua ......... City of Gainesville October 11, 1999, October 18, 1999, The

Gainesville Sun.

Mr. Wayne Bowers, City of Gainesville Manager, P.O. Box 490,

Gainesville, Florida 32602.

January 16, 2000 125107 D

Broward ......... City of Hollywood September 27, 2000, October 3, 2000, Sun-Sentinel.Mr. Samuel Finz, Manager of the City

of Hollywood, P.O. Box 229045,

Hollywood, Florida 33022–9045.

April 20, 2000 ...... 125113 F

Manatee ........ Unincorporated

areas.

July 13, 2000, July 20,

2000, Bradenton Herald.

Mr. Ernie Padgett, Manatee County

Administrator, P.O. Box 1000, Bradenton, Florida 34206.

July 5, 2000 ......... 120153 B

Illinois:

Cook .............. Unincorporated

areas.

August 3, 2000, August

10, 2000, Daily

Southtown.

Mr. John H. Stroger, President of the

Cook County, Board of Commissioners, 118 North Clark Street,

Room 537, Chicago, Illinois 60602.

November 7, 2000 170054 F

Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Rules and Regulations 66183

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modification

Community

No.

Kane ............. City of Geneva ..... August 8, 2000, August

15, 2000, Kane County

Chronicle.

The Honorable Thomas Coughlin,

Mayor of the City of Geneva, 22

South First Street, Geneva, Illinois

60134.

November 13,

2000.

170325 B

McHenry ........ Village of Huntley July 13, 2000, July 20,

2000, The Huntley

Farmside.

Mr. Charles Becker, President of the

Village of Huntley, Village Hall,

11704 Coral Street, Huntley, Illinois

60142.

June 29, 2000 ...... 170480 C

McHenry ........ Unincorporated

areas.

July 14, 2000, July 21,

2000, The Northwest

Herald.

Mr. Michael Tryon, Chairperson,

McHenry County Board, McHenry

County Government Center, 2200

North Seminary Avenue, Woodstock, Illinois 60098.

June 29, 2000 ...... 170732 C

Cook .............. Village of Orland

Park.

August 3, 2000, August

10, 2000, Daily

Southtown.

The Honorable Daniel J. McLaughlin,

Mayor of the Village of Orland

Park, 14700 South Ravinier Avenue, Orland Park, Illinois 60462.

November 7, 2000 170140 F

Indiana:

Madison ........ City of Anderson .. June 28, 2000, July 5,

2000, The Herald Bulletin.

The Honorable J. Mark Lawler, Mayor

of the City of Anderson, 120 East

Eighth Street, Anderson, Indiana

46016.

October 4, 2000 ... 180150 B

Allen .............. City of Fort Wayne July 12, 2000, July 19,

2000, The Journal Gazette.

The Honorable Graham Richard,

Mayor of the City of Fort Wayne, 1

Main Street, Room 900, Fort

Wayne, Indiana 46802–1804.

July 3, 2000 ......... 180003 D

Massachusetts:

Bristol.

Town of Easton .... August 11, 2000, August

18, 2000, The Enterprise.

Mr. Kevin Paicos, Town of Easton

Administrator, 136 Elm Street, Easton, Massachusetts 02356.

August 10, 2000 .. 250053

Michigan:

Macomb ........ Town of Chesterfield.October 11, 1999, October 18, 1999, Macomb

Daily.

Mr. Elbert James Tharp, Chesterfield

Township Supervisor, 47275 Sugar

Bush Road, Chesterfield, Michigan

48047.

October 5, 1999 ... 260120 D

Macomb ........ City of Sterling

Heights.

June 14, 2000, June 21,

2000, The Macomb

Daily.

The Honorable Richard J. Notte,

Mayor of the City of Sterling

Heights, 40555 Utica Road, P.O.

Box 8009, Sterling Heights, Michigan 48311.

September 5,

2000.

260128 F

New Hampshire:

Cheshire ........ City of Keene ....... April 28, 2000, May 5,

2000, The Keene Sentinel.

The Honorable Michael Blastos,

Mayor of the City of Keene, City

Hall 3 Washington Street, Keene,

New Hampshire 03431.

April 21, 2000 ...... 330023 D

North Carolina:

Wake ............. Town of Cary ....... July 19, 2000, July 26,

2000, The Cary News.

The Honorable Glenn D. Lang, Mayor

of the Town of Cary, 318 North

Academy Street, P.O. Box 8005,

Cary, North Carolina 27512.

October 24, 2000 370238 E

Dare .............. Unincorporated

areas.

August 24, 2000, August

31, 2000, The Coastline

Times.

Mr. Stan White, Chairman of the Dare

County Board of Commissioners,

P.O. Box 1000, Manteo, North

Carolina 27954.

August 18, 2000 .. 375348 D

Ohio:

Greene .......... City of

Beavercreek.

July 3, 2000, July 10,

2000, Beavercreek

News-Current.

The Honorable Robert Glaser, Mayor

of the City of Beavercreek, 1368

Research Park Drive, Beavercreek,

Ohio 45432.

October 9, 2000 ... 390876 B

Cuyahoga ...... City of Cleveland .. June 22, 2000, June 29,

2000, The Plain Dealer.

The Honorable Michael R. White,

Mayor of the City of Cleveland,

Cleveland City Hall 601 Lakeside

Avenue, Room 202, Cleveland,

Ohio 44114.

September 28,

2000.

390104 B

Greene .......... City of Fairborn .... July 3, 2000, July 10,

2000, Fairborn Daily

Herald.

The Honorable Larry L. Long, Mayor

of the City of Fairborn, 44 West

Hebble Avenue, Fairborn, Ohio

45324.

October 9, 2000 ... 390195 C

Cuyahoga ...... City of Highland

Heights.

June 22, 2000, June 29,

2000, The Plain Dealer.

The Honorable Francine G. Hogg,

Mayor of the City of Highland

Heights, 5827 Highland Road,

Highland Heights, Ohio 44143.

August 28, 2000 .. 390110 D

Pennsylvania:

66184 Federal Register / Vol. 65, No. 214 / Friday, November 3, 2000 / Rules and Regulations

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modification

Community

No.

Lancaster ...... City of Lancaster .. July 25, 2000, August 1,

2000, Intelligencer Journal.

The Honorable Charles W. Smithgall,

Mayor of the City of Lancaster,

P.O. Box 1599, 120 North Duke

Street, Lancaster, Pennsylvania

17603–1599.

July 5, 2000 ......... 420552 B

Lancaster ...... Township of

Manheim.

July 25, 2000, August 1,

2000, Intelligencer Journal.

Mr. Thomas Woodland, President,

Manheim Township Board of Commissioners, 1840 Municipal Drive,

Lancaster, Pennsylvania 17601–

4162.

July 5, 2000 ......... 420556 C

Montgomery .. Township of Plymouth.July 18, 2000, July 25,

2000, Times Herald.

Ms. Joan Mower, Township of Plymouth Manager, 700 Belvoir Road,

Plymouth Meeting, Pennsylvania

19462.

July 7, 2000 ......... 420955 E

Rhode Island:

Kent ............... City of Warwick .... August 18, 2000, August

25, 2000, The Kent

County Daily Times.

The Honorable Scott Avedisian,

Mayor of the City of Warwick, 3275

Post Road, Warwick, Rhode Island

02886.

November 24,

2000.

445409

Virginia:

Brunswick ...... Unincorporated

areas.

September 13, 2000, September 20, 2000, Lake

Gaston Gazette.

Mr. J. Grady Martin, Chairman of the

Brunswick County Board of Supervisors, County Courthouse, P.O.

Box 399, Lawrenceville, Virginia

23868.

September 6,

2000.

510236 B

Independent

City.

City of Winchester August 30, 2000, September 5, 2000, Winchester Star.Mr. Edwin C. Daley, City of Winchester Manager, Rouss City Hall,

15 North Cameron Street, Winchester, Virginia 22601.

November 20,

2000.

510173 B

Independent

City.

City of Winchester July 5, 2000, July 12,

2000, Winchester Star.

Mr. Edwin C. Daley, City of Winchester Manager, Rouss City Hall,

15 North Cameron Street, Winchester, Virginia 22601.

June 23, 2000 ...... 510173 B

Wisconsin:

Calumet ......... City of Brillion ....... June 8, 2000, June 15,

2000, The Brillion News.

The Honorable Robert Mathiebe,

Mayor of the City of Brillion, 130

Calumet Street, City Hall, Brillion,

Wisconsin 54110.

September 14,

2000.

550036 C

Calumet ......... Unincorporated

areas.

June 8, 2000, June 15,

2000, Chilton TimesJournal.

Ms. Allison Blackmer, Calumet County Board of Commissioners, Courthouse, 206 Court Street, Chilton,

Wisconsin 53014.

September 14,

2000.

550035 B

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: October 30, 2000.

Margaret E. Lawless,

Deputy Associate Director for Mitigation.

[FR Doc. 00–28257 Filed 11–2–00; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0 and 19

[FCC 00–365]

Nonpublic Information

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission is amending

its rules to establish a procedure to deal

with the improper release of nonpublic

information. The current rules prohibit

the unauthorized release of nonpublic

information by Commission officials.

The revised rules add language

requiring persons regulated by or

practicing before the Commission who

receive written nonpublic information

to return it to the Commission’s Office

of the Inspector General without further

distribution or use of the material. The

amended rules also highlight the

sanctions available to the Commission

to address willful violation of the rules

by either employees of the Commission

or individuals who are regulated by or

practicing before it.

DATES: Effective December 4, 2000.

FOR FURTHER INFORMATION CONTACT:

Patrick J. Carney, Office of General

Counsel, (202) 418–1720.

SUPPLEMENTARY INFORMATION:

1. Recent unauthorized disclosures of

nonpublic internal Commission draft

orders and documents in marketsensitive proceedings prompt us to

adopt this order to amend § 19.735–203

of our rules, 47 CFR 19.735–203.

Section 19.735–203 currently governs

the disclosure and misuse by

Commission personnel of nonpublic

information that is contained in

Commission records or obtained in

connection with Commission

employment. The purpose of the

amendment is to emphasize the

responsibilities of Commission

employees in this area and to provide

guidance to persons who receive

nonpublic documents under

circumstances where it appears that the

release of the documents was either

inadvertent or otherwise unauthorized.

2. Currently, § 19.735–203 prohibits

the unauthorized release of nonpublic

information, including documents, by

Commission officials. Specifically,

§ 19.735–203(a) states that ‘‘[e]xcept as

authorized in writing by the Chairman