Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations 9685

NATIONAL LABOR RELATIONS

BOARD

29 CFR Part 102

Procedural Rules

AGENCY: National Labor Relations

Board.

ACTION: Final rule.

SUMMARY: The National Labor Relations

Board is amending its rules that govern

compliance proceedings to clarify that

Regional Directors have authority, in

appropriate circumstances, to issue a

compliance specification at any stage

during the pendency of an unfair labor

practice proceeding. The amendments

are being adopted in order to resolve

any possible ambiguity that may exist

with respect to this authority. The

intended effect of the revisions is to

avoid needless challenges to this

procedure.

EFFECTIVE DATE: March 4, 1997.

FOR FURTHER INFORMATION CONTACT: John

J. Toner, Executive Secretary, National

Labor Relations Board, 1099 14th Street,

N.W. Room 11600, Washington, D.C.

20570–0001, Telephone: (202) 273–

1940.

SUPPLEMENTARY INFORMATION: Section

102.54 of the National Labor Relations

Board’s Rules and Regulations, 29 CFR

102.54, sets forth procedures for the

initiation of formal compliance

proceedings and for the issuance of a

compliance specification and notice of

hearing. Although compliance

specifications ordinarily are issued to

resolve disputes that arise with respect

to an outstanding Board order, there

have been circumstances in which it

was considered appropriate to issue a

compliance specification in advance of

a Board order. Section 102.54(b)

presently provides that such a

compliance specification may be

consolidated with an outstanding

complaint and notice of hearing issued

pursuant to § 102.15, 29 CFR 102.15.

Section 102.54(b) never was intended

to imply that a compliance specification

could only be issued in advance of a

Board order when it was to be

consolidated with proceedings on an

outstanding complaint. For, there may

be other circumstances in which it is

appropriate to issue a compliance

specification in advance of a Board

order. This could occur, for example,

where the compliance specification is

issued to plead a specific amount in

controversy in some collateral

proceeding in which the Board is

seeking prejudgment relief to avoid

dissipation of assets before a Board

order can issue.

There have been instances in which

respondents have interposed in

collateral litigation the argument that

the Board’s rules, as drafted, preclude

the agency from issuing a compliance

specification in advance of a Board

order without consolidating it with the

related complaint and notice of hearing.

Although we are not aware of any case

in which this argument has prevailed,

the Board considers it prudent to clarify

the rule to avoid litigation over this

issue in the future.

Accordingly, a new paragraph (b) of

§ 102.54 is being added to reflect that a

compliance specification may issue

based on an outstanding complaint

whenever the Regional Director deems it

necessary to effectuate the purposes and

policies of the Act or to avoid

unnecessary costs or delay. Current

paragraph (b) of § 102.54 is being

redesignated paragraph (c). In all other

respects, § 102.54 remains unchanged.

Regulatory Requirements

This rule relates solely to agency

organization, procedure and practice,

and will not have a significant economic

impact on a substantial number of small

businesses or impose any information

collection requirements. Accordingly,

the Agency finds that prior notice and

comment is not required for these rules

and that good cause exists for waiving

the general requirement of delaying the

effective date under the Administrative

Procedure Act (5 U.S.C. 553), and that

the rules are not subject to the

Regulatory Flexibility Act (5 U.S.C.

601), Small Business Regulatory

Enforcement Act (5 U.S.C. 801),

Paperwork Reduction Act (44 U.S.C.

3501), or Executive Order 12866.

List of Subjects in 29 CFR Part 102

Administrative practice and

procedure, Labor management relations.

29 CFR part 102 is amended as

follows:

1. The authority citation for 29 CFR

part 102 continues to read as follows:

Authority: Section 6, National Labor

Relations Act, as amended (29 U.S.C. 151,

156). Section 102.117(c) also issued under

section 552(a)(4)(A) of the Freedom of

Information Act, as amended (5 U.S.C.

552(a)(4)(A)). Sections 102.143 through

102.155 also issued under section 504(c)(1) of

the Equal Access to Justice Act, as amended

(5 U.S.C. 504(c)(1)).

2. In section 102.54, paragraph (b) is

redesignated as paragraph (c), and a new

paragraph (b) is added to read as

follows:

§ 102.54 Initiation of formal compliance

proceedings; issuance of compliance

specification and notice of hearing.

* * * * *

(b) Whenever the Regional Director

deems it necessary in order to effectuate

the purposes and policies of the Act or

to avoid unnecessary costs or delay, the

Regional Director may issue a

compliance specification, with or

without a notice of hearing, based on an

outstanding complaint.

* * * * *

Dated, Washington, DC, February 27, 1997.

By direction of the Board:

John J. Toner,

Executive Secretary.

[FR Doc. 97–5283 Filed 3–3–97; 8:45 am]

BILLING CODE 7545–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7208]

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) 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, Mitigation

Directorate, 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
9686 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations

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

(NFIP).

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

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

and are required to maintain community

eligibility in the NFIP. 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

modifications

Community No.

Arizona: Maricopa.Town of Cave

Creek.

Dec. 16, 1996, Dec. 23,

1996, Arizona Republic.

The Honorable Tom Augerton, Mayor, Town of

Cave Creek, 37622 North Cave Creek Road,

Cave Creek, Arizona 85331.

Nov. 27, 1996 ... 040129

Arizona: Maricopa.City of Phoenix Jan. 24, 1997, Jan. 31,

1997, Arizona Republic.

The Honorable Skip Rimsza, Mayor, City of

Phoenix, 200 West Washington Street, Phoenix, Arizona 85003–1611.

Dec. 19, 1996 ... 040051

Arizona: Maricopa.City of Phoenix Jan. 7, 1997, Jan. 14,

1997, Arizona Republic.

The Honorable Skip Rimsza, Mayor, City of

Phoenix, 200 West Washington Street, Phoenix, Arizona 85003–1611.

Dec. 6, 1996 ..... 040051

Arkansas: St.

Francis.

City of Forrest

City.

Jan. 24, 1997, Jan. 31,

1997, Forrest City

Times-Herald.

The Honorable Danny Ferguson, Mayor, City of

Forrest City, P.O. Box 1074, Forrest City, Arkansas 72335.

Jan. 3, 1997 ..... 050187

Arkansas: Benton.City of Rogers .. Dec. 16, 1996, Dec. 23,

1996, Benton County

Daily Record.

The Honorable John W. Sampier, Jr., Mayor,

City of Rogers, 300 West Poplar, Record

Rogers, Arkansas 72756.

Dec. 3, 1996 ..... 050013

Arkansas: White City of Searcy ... Jan. 24, 1997, Jan. 31,

1997, Daily Citizen.

The Honorable David Evans, Mayor, City of

Searcy, 401 West Arch Avenue, Searcy, Arkansas 77143–5392.

Dec. 20, 1996 ... 050229

California: Ventura.City of Camarillo Jan. 22, 1997, Jan. 29,

1997, Ventura County

Star.

The Honorable David Smith, Mayor, City of

Camarillo, P.O. Box 248, Camarillo, California 93011.

Jan. 2, 1997 ..... 065020

California: Orange.City of Fullerton Jan. 23, 1997, Jan. 30,

1997, Fullerton NewsTribune.

The Honorable Chris Norby, Mayor, City of Fullerton, 303 West Commonwealth Avenue,

Fullerton, California 92832.

Jan. 6, 1997 ..... 060219

California: San

Luis Obispo.

City of Grover

Beach.

Dec. 12, 1996, Dec. 19,

1996, Telegram-Tribune.

The Honorable Ronald Arnoldsen, Mayor, City

of Grover Beach, P.O. Box 365, Grover

Beach, California 93483.

Nov. 25, 1996 ... 060306

California:

Sonoma.

City of Petaluma Jan. 10, 1997, Jan. 17,

1997, Press Democrat.

The Honorable M. Patricia Hilligoss, Mayor,

City of Petaluma, P.O. Box 61, Petaluma,

California 94953.

Dec. 4, 1996 ..... 060379

California: San

Luis Obispo.

City of Pismo

Beach.

Dec. 12, 1996, Dec. 19,

1996, Telegram-Tribune.

The Honorable John Brown, Mayor, City of

Pismo Beach, P.O. Box 3, Pismo Beach,

California 93449.

Nov. 25, 1996 ... 060309
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Rules and Regulations 9687

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modifications

Community No.

California: Riverside.Unincorporated

Areas.

Dec. 16, 1996, Dec. 23,

1996, The Press-Enterprise.

The Honorable Kay Ceniceros, Chairperson,

Riverside County, Board of Supervisors, P.O.

Box 1486, Riverside, California 92502–1486.

Nov. 27, 1996 ... 060245

California: Sacramento.Unincorporated

Areas.

Jan. 22, 1997, Jan. 29,

1997, Sacramento Bee.

Mr. Douglas M. Fraleigh, Administrator, Sacramento County Public Works Agency, County Administration Building, 827 Seventh

Street, Room 304, Sacramento, California

95814.

Dec. 30, 1996 ... 060262

Colorado: Denver.City and County

of Denver.

Jan. 23, 1997, Jan. 30,

1997, The Denver Post.

The Honorable Wellington E. Webb, Mayor,

City and County of Denver, 1437 Bannock

Street, Denver, Colorado 80202.

Jan. 8, 1997 ..... 080046

Nevada: Clark ... Unincorporated

Areas.

Dec. 16, 1996, Dec. 23,

1996, Las Vegas Review Journal.

The Honorable Yvonne Atkinson Gates, Chairperson, Clark County Board of Commissioners, 225 East Bridger Avenue, Las

Vegas, Nevada 89155.

Nov. 21, 1996 ... 320003

New Mexico:

Bernalillo.

City of Albuquerque.Jan. 24, 1997, Jan. 31,

1997, Albuquerque

Journal.

The Honorable Martin J. Chavez, Mayor, City of

Albuquerque, P.O. Box 1293, Albuquerque,

New Mexico 87103.

Jan. 6, 1997 ..... 350002

New Mexico:

Bernalillo.

Unincorporated

Areas.

Jan. 24, 1997, Jan. 31,

1997, Albuquerque

Journal.

The Honorable Albert Valdez, Chairman, County Commissioners, Bernalillo County, One

Civic Plaza, Northwest, Tenth Floor, Albuquerque, New Mexico 87102.

Jan. 6, 1997 ..... 350001

Texas: Harris .... City of Baytown Dec. 11, 1996, Dec. 18,

1996, Baytown Sun.

The Honorable Pete Alfaro, Mayor, City of Baytown, City Hall, 2401 Market Street Baytown,

Texas 77522.

Nov. 19, 1996 ... 485456

Texas: Dallas .... City of Dallas .... Dec. 18, 1996, Dec. 24,

1996, Dallas Morning

News.

The Honorable Ron Kirk, Mayor, City of Dallas,

1500 Marilla Street, Room 5E North, Dallas,

Texas 75201.

Nov. 27, 1996 ... 480171

Texas: Dallas .... City of Farmers

Branch.

Dec. 18, 1996, Dec. 24,

1996, Dallas Morning

News.

The Honorable Bob Phelps, Mayor, City of

Farmers Branch, P.O. Box 819010, Farmers

Branch, Texas 75381–9010.

Nov. 27, 1996 ... 480174

Texas: Tarrant .. City of Haltom

City.

Dec. 16, 1996, Dec. 23,

1996, Fort Worth StarTelegram.

The Honorable Charles Womack, Mayor, City

of Haltom City, P.O. Box 14246, Haltom City,

Texas 76117.

Dec. 3, 1996 ..... 480599

Texas: Harris .... Unincorporated

Areas.

Dec. 13, 1996, Dec. 20,

1996, Houston Chronicle.

The Honorable Robert Eckels, Harris County

Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002.

Nov. 25, 1996 ... 480287

Texas: Harris .... Unincorporated

Areas.

Dec. 11, 1996, Dec. 18,

1996, Baytown Sun.

The Honorable Robert Eckels, Harris County

Judge, 1001 Preston Street, Suite 911, Houston, Texas 77002.

Nov. 19, 1996 ... 480287

Texas: Montgomery.Unincorporated

Areas.

Dec. 13, 1996, Dec. 20,

1996, Houston Chronicle.

The Honorable Alan B. Sadler, Montgomery

County Judge, 301 North Thompson, Suite

210, Conroe, Texas 77301.

Nov. 25, 1996 ... 480483

Texas: Tarrant .. City of North

Richland Hills.

Jan. 24, 1997, Jan. 31,

1997, Fort Worth StarTelegram.

The Honorable Tommy Brown, Mayor, City of

North Richland Hills, P.O. Box 820609, North

Richland Hills, Texas 76182–0609.

Dec. 23, 1996 ... 480607

Texas: Tarrant .. City of North

Richland Hills.

Dec. 16, 1996, Dec. 23,

1996, Fort Worth StarTelegram.

The Honorable Tommy Brown, Mayor, City of

North Richland Hills, P.O. Box 820609, North

Richland Hills, Texas 76182–0609.

Dec. 3, 1996 ..... 480607

Texas:

Williamson.

City of Round

Rock.

Dec. 5, 1996, Dec. 12,

1996, Round Rock

Leader.

The Honorable Charles Culpepper, Mayor, City

of Round Rock, 221 East Main, Round Rock,

Texas 78664.

Nov. 12, 1996 ... 481048

Texas:

Williamson.

Unincorporated

Areas.

Dec. 5, 1996, Dec. 12,

1996, Round Rock

Leader.

The Honorable John Doerfler, Williamson

County Judge, County Courthouse, 710 Main

Street, Suite 201, Georgetown, Texas 78626.

Nov. 12, 1996 ... 481079

Washington:

Spokane.

Unincorporated

Areas.

Dec. 11, 1996, Dec. 18,

1996, The SpokesmanReview.

The Honorable Jim Lindow, Chief Executive Officer, Spokane County, 1116 West Broadway,

Spokane, Washington 99260.

Nov. 26, 1996 ... 530174

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: February 24, 1997.

Richard W. Krimm,

Executive Associate Director, Mitigation

Directorate.

[FR Doc. 97–5272 Filed 3–3–97; 8:45 am]

BILLING CODE 6718–04–P

44 CFR Part 65

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Modified base (1% annual

chance) flood elevations are finalized

for the communities listed below. These

modified elevations will be used to

calculate flood insurance premium rates

for new buildings and their contents.

EFFECTIVE DATES: The effective dates for

these modified base flood elevations are

indicated on the following table and

revise the Flood Insurance Rate Map(s)