Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 57791 

State and county Location 

Dates and names of 

newspaper where notice 

was published 

Chief executive officer of 

community 

Effective date of 

modification 

Community 

No. 

Texas: Parker, 

Case Number: 

04–06–1004P; 

FEMA Docket 

No.: P7644.

City of Weatherford.February 16, 2005; February 23, 2005; The 

Weatherford Democrat.

The Honorable Joe M. Tison, 

Mayor, City of Weatherford, 

One Courthouse Square, 

Weatherford, Texas 76086.

May 25, 2005 ............ 480522 

Texas: Tarrant, 

Case Number: 

04–06–1206P; 

FEMA Docket 

No.: P7644.

Village of 

Westworth.

February 18, 2005; February 25, 2005; The 

Star Telegram.

The Honorable Any Fontenot, 

Mayor, Village of Westworth Village, 311 Burton Hill Road, Fort 

Worth, Texas 76114.

May 27, 2005 ............ 480616 

Texas: 

Williamson, 

Case Number: 

04–06–1455P; 

FEMA Docket 

No.: P7644.

Unincorporated 

Areas.

March 2, 2005; March 9, 

2005; Williamson 

County Sun.

The Honorable John C. Doerfler, 

Judge, Williamson County, 710 

Main Street, Suite 201, Georgetown, Texas 78626.

February 8, 2005 ....... 481079 

Texas: Parker, 

Case Number: 

04–06–1004P; 

FEMA Docket 

No.: P7644.

City of Willow 

Park.

February 16, 2005; February 23, 2005; The 

Weatherford Democrat.

The Hon. James H. Poythress, 

Mayor, City of Willow Park, 101 

Stagecoach Trail, Willow Park, 

Texas 76087.

May 25, 2005 ............ 481164 

Wisconsin: Fond 

du Lac, Case 

Number: 04–

05–4086P; 

FEMA Docket 

No.: P7644.

City of Fond du 

Lac.

March 2, 2005; March 9, 

2005; The Reporter.

Mr. Tom W. Ahrens, City Manager, City of Fond du Lac, 160 

South Macy Street, Fond du 

Lac, Wisconsin 54935.

June 8, 2005 ............. 550136 

Wisconsin: Fond 

du Lac, Case 

Number: 04–

05–4086P; 

FEMA Docket 

No.: P7644.

Unincorporated 

Areas.

March 2, 2005; March 9, 

2005; The Reporter.

Mr. Alen J. Buechel, Fond du Lac 

County Executive, 160 South 

Macy Street, Fond du Lac, Wisconsin 54935.

June 8, 2005 ............. 550131 

Wisconsin: 

Manitowoc, 

Case Number: 

04–05–4084P; 

FEMA Docket 

No.: P7644.

Unincorporated 

Areas.

March 2, 2005; March 9, 

2005; Herald Times 

Reporter.

The Honorable Paul Hansen, 

Manitowoc County Board Chairman, Administrative Office 

Building, 1110 South 9th Street, 

Manitowoc, Wisconsin 54220.

June 8, 2005 ............. 550236 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: September 26, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–19816 Filed 10–3–05; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations and modified Base 

Flood Elevations (BFEs) are made final 

for the communities listed below. The 

BFEs and modified BFEs are the basis 

for the floodplain management 

measures that each community is 

required either to adopt or to show 

evidence of being already in effect in 

order to qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). 

EFFECTIVE DATE: The date of issuance of 

the Flood Insurance Rate Map (FIRM) 

showing BFEs and modified BFEs for 

each community. This date may be 

obtained by contacting the office where 

the FIRM is available for inspection as 

indicated in the table below. 

ADDRESSES: The final 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 table below. 

FOR FURTHER INFORMATION CONTACT: 

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

Federal Emergency Management 

Agency, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

makes the final determinations listed 

below for the BFEs and modified BFEs 

for each community listed. These 

modified elevations have been 

published in newspapers of local 

circulation and ninety (90) days have 

elapsed since that publication. The 

Mitigation Division Director of the 

Emergency Preparedness and Response 

Directorate has resolved any appeals 

resulting from this notification. 

This final rule is issued in accordance 

with Section 110 of the Flood Disaster 

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

and 44 CFR Part 67. 

The Federal Emergency Management 

Agency has developed criteria for 

floodplain management in floodprone 

areas in accordance with 44 CFR Part 

60. 

57792 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. 

The BFEs and modified BFEs are 

made final in the communities listed 

below. Elevations at selected locations 

in each community are shown. 

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 

Mitigation Division Director of the 

Emergency Preparedness and Response 

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 establish and 

maintain community eligibility in the 

NFIP. No regulatory flexibility analysis 

has been prepared. 

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 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 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR Part 67 is 

amended to read 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 as 

follows: 

Source of flooding and location of referenced elevation 

♦Elevation in 

feet (NAVD) 

modified 

Communities affected 

Colorado River: 

Approximately 4.92 miles downstream of the confluence of JD Creek .................................. ♦297 FEMA Docket No. P7673 

Bastrop County 

(Unincorporated Areas) 

City of Bastrop 

City of Smithville. 

Approximately 3.43 miles upstream of the confluence of Dry Creek ..................................... ♦391 

Gills Branch: 

At the confluence withe the Colorado River ........................................................................... ♦352 City of Bastrop 

Bastrop County 

(Unincorporated Areas). 

Approximately 230 feet downstream of State Route 71 ......................................................... ♦352 

ADDRESSES: 

Unincorporated Areas of Bastrop County, Texas: 

Maps are available for inspection at 806 Water Street, Bastrop, Texas. 

City of Bastrop, Bastrop County, Texas: 

Maps are available for inspection at 300 Water Street, Bastrop, Texas. 

City of Smithville, Bastrop County, Texas: 

Maps are available for inspection at 1000 Martin Luther King Boulevard, Smithville, Texas. 

♦North American Vertical Datum of 1988. 

Source of flooding and location of referenced elevation 

*Elevation in feet 

(NGVD) 

modified 

Communities affected 

Rosillo Creek (Lower Reach): 

At the confluence with Salado Creek (Lower Reach) ............................................................. *531 FEMA Docket No. P7685 

Bexar County 

(Unincorporated Areas) 

City of San Antonio 

City of Kirby. 

Approximately 580 feet upstream of Walzem Road ............................................................... *754 

Salado Creek (Lower Reach): 

Approximately 300 feet downstream of South Presa Street ................................................... *521 Bexar County 

(Unincorporated Areas) 

City of San Antonio 

At U.S. Interstate 410 .............................................................................................................. *538 

ADDRESSES: 

Unincorporated Areas of Bexar County, Texas: 

Maps are available for inspection at the Bexar County Public Works Department, 233 North Pecos, Suite 420, San Antonio, Texas. 

City of Kirby, Bexar County, Texas: 

Maps are available for inspection at 112 Bauman Street, Kirby, Texas. 

City of San Antonio, Bexar County, Texas: 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 57793 

Source of flooding and location of referenced elevation 

*Elevation in feet 

(NGVD) 

modified 

Communities affected 

Maps are available for inspection at the Municipal Plaza, 114 West Commerce, 7th Floor, San Antonio, Texas. 

* National Geodetic Vertical Datum of 1929. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: September 26, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–19815 Filed 10–3–05; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 591, 592 and 594 

[Docket No. NHTSA–2000–8159; Notice 3] 

RIN 2127–AJ63 

Certification; Importation of Vehicles 

and Equipment Subject to Federal 

Safety, Bumper and Theft Prevention 

Standards; Registered Importers of 

Vehicles Not Originally Manufactured 

To Conform to the Federal Motor 

Vehicle Safety Standards; Schedule of 

Fees Authorized by 49 U.S.C. 30141 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; response to a petition 

for reconsideration. 

SUMMARY: This document responds to a 

petition for reconsideration of the 

August 24, 2004 final rule that amended 

regulations pertaining to the 

importation by registered importers 

(RIs) of motor vehicles that were not 

originally manufactured to comply with 

all applicable Federal motor vehicle 

safety, bumper, and theft prevention 

standards. The agency is not adopting 

the changes requested in the petition, 

except for one asking the agency to 

allow RIs to import motor vehicles that 

have been modified to comply with the 

Theft Prevention Standard and one 

asking the agency to allow an imported 

nonconforming motor vehicle to be 

operated on public roads prior to bond 

release solely for the purpose of 

conducting required EPA testing. Also, 

the agency has decided to eliminate the 

requirement for applicants for RI status 

to submit to the agency the social 

security numbers of its principals. 

DATES: The amendments in this rule are 

effective on November 3, 2005. This 

final rule amends the final rule 

published on August 24, 2004 (69 FR 

52070), which was effective on 

September 30, 2004. 

Petitions: Petitions for reconsideration 

must be received by November 18, 2005 

and should refer to this docket and the 

notice number of this document and be 

submitted to: Administrator, National 

Highway Traffic Safety Administration, 

400 Seventh St., SW., Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may contact 

Coleman Sachs, Office of Vehicle Safety 

Compliance, National Highway Traffic 

Safety Administration, Room 6111, 400 

Seventh Street, SW., Washington, DC 

20590; Telephone: (202) 366–3151. For 

legal issues, you may contact Michael 

Goode, Office of Chief Counsel, 

Telephone: (202) 366–5263. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. New Information Required Under 

Final Rule To Acquire and Maintain RI 

Registration 

On August 24, 2004, NHTSA 

published (69 FR 52070) a final rule 

amending the agency’s regulations that 

pertain to the importation by RIs of 

motor vehicles that were not originally 

manufactured to comply with all 

applicable Federal motor vehicle safety, 

bumper, and theft prevention standards. 

The agency noted that some RIs have 

engaged in conduct that, while not 

expressly prohibited by the RI 

regulations previously in effect, was 

nevertheless in need of scrutiny. See 69 

FR at 52073. To address concerns about 

this conduct, the amendments require, 

among other things, that RIs and 

applicants for RI status submit 

additional information beyond what 

they had previously been required to 

submit to acquire and maintain their 

registrations. 

One of the information items that 

each RI and applicant for RI status is 

required to submit under the final rule 

is the social security number of each of 

its principals or partners and each 

person authorized to sign statements 

certifying to NHTSA that vehicles the RI 

has imported or modified conform to all 

applicable Federal motor vehicle safety 

and bumper standards. As stated in the 

final rule at 52074, the agency decided 

to require this information so that it 

could determine whether any person 

associated with an applicant has ever 

been convicted of a misdemeanor or 

felony involving motor vehicles or the 

motor vehicle business. 

B. Practices Prohibited Under Final 

Rule. 

1. Importing Salvage or Reconstructed 

Motor Vehicles 

The final rule also identified and 

proscribed certain practices of RIs that 

were not specifically addressed by the 

previously existing RI regulations 

because they were not contemplated at 

the time those regulations were adopted 

in 1989. Among these were efforts on 

the part of some RIs to import heavily 

damaged motor vehicles both before and 

after their repair (referred to as ‘‘salvage 

vehicles’’), or vehicles comprised of the 

body of one vehicle and the chassis and 

frame of another (referred to as 

‘‘reconstructed vehicles’’). The agency 

noted that there can be no assurance 

that a salvage or reconstructed motor 

vehicle can be restored to a condition in 

which it complies or can be brought into 

compliance with the Federal motor 

vehicle safety standards (FMVSS). See 

69 FR at 52089. As a consequence, the 

agency adopted a requirement in the 

final rule (49 CFR 591.5(f)(3)) for the 

importer to declare at the time of entry 

that the ‘‘vehicle is not a salvage motor 

vehicle or a reconstructed motor 

vehicle.’’

The agency also adopted definitions 

for each of these terms, which were 

added to those in 49 CFR 591.4. Under 

those definitions, a ‘‘reconstructed 

motor vehicle means a motor vehicle 

whose body is less than 25 years old 

and which is mounted on a chassis or 

frame that is not its original chassis or 

frame and that is less than 25 years 

old.’’ A ‘‘salvage motor vehicle’’ means: 

A motor vehicle, whether or not 

repaired, which has been: 

(1) Wrecked, destroyed, or damaged, to the 

extent that the total estimated or actual cost 

of parts and labor to rebuild or reconstruct 

the motor vehicle to its pre-accident 

condition and for legal operation on the 

streets, roads, or highways, exceeds 75 

percent of its retail value at the time it was 

wrecked, destroyed, or damaged; or