Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 28497 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain federal assistance 

no longer available in SFHAs 

Region X 

Alaska: Hoonah, City of, Skagway-HoonahAngoon Census Area.020049 June 14, 1976, Emerg; April 2, 1979, Reg; 

June 4, 2010, Susp.

......do ............... Do. 

*do =Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: May 11, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation. 

[FR Doc. 2010–12203 Filed 5–20–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

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). 

DATES: 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 maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs 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: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2820, or (e-mail) 

kevin.long@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the 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 Deputy Federal 

Insurance and Mitigation Administrator 

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. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

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 final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

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 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

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 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: 


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28498 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / 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 

Washington, District of Columbia 

Docket No.: FEMA–B–7737 

Anacostia River ......................... Approximately at Anacostia Railroad Bridge ...................... +13 District of Columbia. 

At approximately 200 feet upstream of New York Avenue +17 

Barnaby Run ............................. Approximately at the confluence with Oxon Run ................ +21 District of Columbia. 

At approximately 1,200 feet upstream of South Capital 

and Southern Avenue.

+53 

Broad Branch ............................ At approximately 2,560 feet upstream of Ridge Road ....... +102 District of Columbia. 

At approximately 760 feet upstream of 27th Street ............ +187 

Creek Along Normanstone 

Drive.

At approximately 230 feet downstream of Rock Creek 

Drive.

+40 District of Columbia. 

At approximately 190 feet upstream of Normanstone Drive +150 

East Creek A ............................ At approximately 2,250 feet downstream of Dalecarlia 

Parkway.

+165 District of Columbia. 

At approximately 675 feet downstream of Dalecarlia Parkway.+169 

East Creek B ............................ Approximately at the Glenbrook Road ................................ +240 District of Columbia. 

At approximately 760 feet upstream of Driveway Bridge 

#4.

+308 

Fenwick Branch ........................ Approximately at the confluence with Rock Creek ............. +176 District of Columbia. 

At approximately 3,620 feet upstream of the confluence 

with Tributary of Fenwick Branch.

+232 

Fort Dupont Creek .................... Approximately 500 feet downstream of Minnesota Avenue 

Bridge.

+23 District of Columbia. 

At approximately 40 feet downstream of Minnesota Avenue Bridge.+29 

Melvin Hazen Branch ............... Approximately 1,000 feet upstream from Connecticut Avenue NW.+208 District of Columbia. 

At approximately 125 feet downstream of Reno Road ....... +244 

Oxon Run .................................. At approximately 320 feet upstream of the confluence with 

Barnaby Run.

+23 District of Columbia. 

At approximately 6,160 feet upstream of Wheeler Road ... +103 

Pinehurst Run ........................... Approximately at the confluence with Rock Creek ............. +165 District of Columbia. 

At approximately 3,100 feet upstream of Oregon Avenue +255 

Pope Branch ............................. At approximately 80 feet upstream of Minnesota Avenue .. +45 District of Columbia. 

Approximately 4,630 feet upstream of Minnesota Avenue +159 

Potomac River .......................... At approximately 500 feet downstream of Route 95 .......... +9 District of Columbia. 

At approximately 2,200 feet upstream of Chain Bridge 

Road.

+41 

Rock Creek ............................... Approximately at the confluence with Potomac River ........ +16 District of Columbia. 

Approximately at the confluence with Fenwick Branch ...... +176 

Tributary to Fenwick Branch ..... Approximately at the confluence with Fenwick Creek ........ +191 District of Columbia. 

.............................................. At approximately 2,500 feet upstream of the confluence 

with Fenwick Branch.

+231 

Watts Branch ............................ Approximately at the confluence with Anacostia River ....... +15 District of Columbia. 

Approximately at Southern Avenue .................................... +96 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

#Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

District of Columbia 

Maps are available for inspection at the Department of the Environment, Watershed Protection Division, 1200 1st Street, Northeast, Washington, DC 20002. 


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Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Rules and Regulations 28499 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 11, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–12199 Filed 5–20–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383 and 391 

[Docket No. FMCSA–1997–2210] 

RIN 2126–AB24 

Medical Certification Requirements as 

Part of the Commercial Driver’s 

License (CDL); Technical, 

Organizational, and Conforming 

Amendments 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; Technical 

amendments and response to petitions 

for reconsideration. 

SUMMARY: The FMCSA amends its 

regulations implementing section 215 of 

the Motor Carrier Safety Improvement 

Act of 1999 (MCSIA). The purpose of 

this rule is both to make amendments 

responding to petitions for 

reconsideration and to make technical 

corrections to a FMCSA regulation. 

DATES: The amendments in this final 

rule become effective May 21, 2010. 

ADDRESSES: Public Access to the Docket: 

You may view, print, and download this 

final rule and all related documents and 

background material on-line at http:// 

www.regulations.gov, using the Docket 

ID Number FMCSA–1997–2210. These 

documents can also be examined and 

copied for a fee at the U.S. Department 

of Transportation, Docket Operations, 

West Building-Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on today’s final rule, 

please contact: Ms. Ava Herman, Office 

of Policy, Plans, and Regulations (MC– 

PRR), Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; 

telephone (202) 366–7023. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

Medical Certification Requirements as 

Part of the CDL 

The legal basis of the 2008 final rule 

is also applicable to this rule. See 73 FR 

73096–73097, December 1, 2008. 

Background 

The FMCSA determined that several 

technical errors were made in the 

December 1, 2008, Medical Certification 

Requirements final rule (73 FR 73096). 

The FMCSA also received two petitions 

for reconsideration of the final rule that 

are discussed further in today’s final 

rule. 

1. The December 1, 2008, final rule 

had an unintentional error in 

§ 383.71(a)(ii), omitting the language 

‘‘(C), or (D)’’ after ‘‘(A) or (B)’’. Today’s 

final rule corrects this amendatory 

language error. 

2. The December 1, 2008, final rule 

unintentionally replaced § 383.71(a) 

with the new text of § 383.71(a)(1); the 

Agency’s intent was only to amend the 

language of § 383.71(a)(1). However, 

because of an amendatory language 

error, § 383.71(a)(2) through 

§ 383.71(a)(9) were removed. The 

preambles of the NPRM and the final 

rule made no mention of an intent to 

change these sections, and revised 

§ 383.71(a)(1), as adopted by the 2008 

final rule, itself refers to the 

requirements of § 383.71(a)(2) through 

(9). Today’s final rule therefore restores 

the text of § 383.71(a)(2) through (9). 

3. The December 1, 2008, final rule 

included a new requirement in 49 CFR 

383.71(h) for CDL holders to submit 

documents and information to State 

driver licensing agencies. The penalties 

listed in 49 CFR 383.73(g) for falsifying 

information and documents submitted 

in accordance with the requirements of 

§ 383.71(h) are applicable. However, the 

provisions of § 383.73(g) needed to be 

clarified to reflect the application to the 

requirements in § 383.71(h). The 

provisions of § 383.73(g) have been 

clarified in response to the petition for 

reconsideration of December 30, 2008, 

from Advocates for Highways and Auto 

Safety (Advocates), as explained on 

pages 3 and 4 of the decision denying 

the petition dated May 12, 2010 and 

included in the docket. 

4. In the December 1, 2008, final rule, 

§ 383.73(j)(1)(iii) references business 

days for the specified time period, 

rather than calendar days. The preamble 

of the December 1, 2008, final rule also 

incorrectly references business days 

instead of calendar days, even though 

the other provisions of § 383.73(j)(2) and 

§ 383.73(j)(3) correctly specify 10 

calendar days. The language of 

§ 383.73(j)(1)(iii) has been clarified in 

today’s final rule. This is explained in 

footnote three on page seven of the 

decision denying the petition for 

reconsideration of December 30, 2008 

from Advocates dated May 12, 2010 and 

included in the docket. 

5. The December 1, 2008, final rule 

included an inconsistency in the 

language inserted into 49 CFR 383.73 (j). 

This language used the term ‘‘medical 

examiner’s license or certificate 

number’’ to refer to the number on a 

medical examiner’s license to practice 

in § 383.73(j)(iii)(D). However, in 49 

CFR 383.73(j)(iii), (j)(iii)(C), and 

(j)(iii)(J), ‘‘medical examiner’s 

certificate’’ is used to refer to the 

certificate a driver is issued when a 

medical examiner qualifies him or her 

to drive. This inconsistency has been 

clarified in today’s final rule so that 

‘‘medical examiner’s certificate’’ clearly 

refers to the document a medical 

examiner issues a driver to qualify him 

or her to drive. In today’s final rule 49 

CFR 383.73(j)(iii)(D) is clarified to refer 

to the ‘‘medical examiner’s license’’ to 

practice, issued to the medical examiner 

by the State in which he or she 

practices. 

6. The FMCSA incorporates a change 

in several provisions of the final rule, as 

requested by a petition for 

reconsideration from the Indiana 

Department of Revenue, Motor Carrier 

Services Division, filed on December 29, 

2008. The petition asked that FMCSA 

reconsider requirement for States to 

mail receipts to drivers as proof that a 

medical certification had been 

submitted to the State driver licensing 

agency. The FMCSA sent a response 

granting this petition on October 2, 

2009. Through today’s final rule, 

FMCSA removes the requirement for 

States to provide receipts to drivers, and 

to allow drivers and employers to utilize 

medical certificates as evidence that a 

CDL holder is medically certified for 15 

calendar days from the date of issuance 

of the certificate. Therefore, several 

changes in the final rule text are 

necessary to implement this procedure. 

The changes are in 49 CFR 383.73(a)(5), 

391.23(m)(2)(i)(B), 391.41(a)(2), and 

391.51(b)(7)(ii). 

7. The preamble to the December 1, 

2008, final rule clearly states that the 

medical variance restriction code ‘‘V’’ 

must appear on both the CDL and the 

CDLIS driver record. Accordingly, 

FMCSA revised 49 CFR 383.95(b) to 

require this information to be placed on 

the CDLIS driver record, but 

inadvertently omitted a revision to 49 

CFR 383.153 to require this information 

to be displayed on the commercial 

driver’s license document. This rule 


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