Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29193 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no information 

collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 et 

seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, 7 CFR part 301 is 

amended as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701-7772 and 7781- 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75-15 issued under Sec. 204, 

Title II, Public Law 106-113, 113 Stat. 1501A293; sections 301.75-15 and 301.75-16 issued 

under Sec. 203, Title II, Public Law 106-224, 

114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. Section 301.38-2 is amended as 

follows: 

■ a. In paragraph (a)(1), by adding, in 

alphabetical order, 21 rust-resistant 

Berberis species to read as set forth 

below. 

■ b. In paragraph (a)(2)(ii), by adding, in 

alphabetical order, 2 rust-resistant 

Mahonia species to read as set forth 

below. 

§ 301-38-2 Regulated articles. 

(a) * * * 

(1) * * * 

* * * * * 

B. media ‘Dual Jewel’ 

* * * * * 

B. thunbergii ‘Ada’ 

* * * * * 

B. thunbergii ‘Amera’ 

* * * * * 

B. thunbergii ‘Arlene’ 

* * * * * 

B. thunbergii ‘Benita’ 

* * * * * 

B. thunbergii ‘Breval 8’ 

B. thunbergii ‘Celeste’ 

B. thunbergii ‘Chloe’ 

* * * * * 

B. thunbergii ‘Edda’ 

* * * * * 

B. thunbergii ‘Fay’ 

* * * * * 

B. thunbergii ‘Gail’ 

* * * * * 

B. thunbergii ‘Golden Torch’ 

* * * * * 

B. thunbergii ‘Helen’ 

* * * * * 

B. thunbergii ‘Joyce’ 

B. thunbergii ‘Kasia’ 

* * * * * 

B. thunbergii ‘Koren’ 

* * * * * 

B. thunbergii ‘Lotty’ 

* * * * * 

B. thunbergii ‘Martha’ 

* * * * * 

B. thunbergii ‘Mimi’ 

* * * * * 

B. thunbergii ‘Phoebe’ 

* * * * * 

B. thunbergii ‘Ruth’ 

* * * * * 

(2) * * * 

(ii) * * * 

* * * * * 

M. ‘Bokasio’ Sioux 

M. ‘Bokrafoot’ Blackfoot 

* * * * * 

Done in Washington, DC, this 19th day 

of May 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–12529 Filed 5–24–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has determined that USS GRAVELY 

(DDG 107) is a vessel of the Navy which, 

due to its special construction and 

purpose, cannot fully comply with 

certain provisions of the 72 COLREGS 

without interfering with its special 

function as a naval ship. The intended 

effect of this rule is to warn mariners in 

waters where 72 COLREGS apply. 

DATES: This rule is effective May 25, 

2010 and is applicable beginning May 

17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

JAGC, U.S. Navy, Admiralty Attorney 

(Admiralty and Maritime Law), Office of 

the Judge Advocate General, Department 

of the Navy, 1322 Patterson Ave., SE., 

Suite 3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the Department of the Navy 

amends 32 CFR part 706. 

This amendment provides notice that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS GRAVELY (DDG 107) is a vessel of 

the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Annex I, paragraph 2(f)(i), 

pertaining to the placement of the 

masthead light or lights above and clear 

of all other lights and obstructions; 

Annex I, paragraph 2(f)(ii), pertaining to 

the vertical placement of task lights; 

Annex I, paragraph 3(a), pertaining to 

the location of the forward masthead 

light in the forward quarter of the ship, 

and the horizontal distance between the 

forward and after masthead lights; and 

Annex I, paragraph 3(c), pertaining to 

placement of task lights not less than 

two meters from the fore and aft 

centerline of the ship in the athwartship 

direction. The Deputy Assistant Judge 

Advocate General (Admiralty and 

Maritime Law) has also certified that the 

lights involved are located in closest 

possible compliance with the applicable 

72 COLREGS requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner differently from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ For the reasons set forth in the 

preamble, amend part 706 of title 32 of 

the Code of Federal Regulations as 

follows: 


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29194 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 

■ A. In Table Four, Paragraph 15 by 

adding, in alphanumerical order, by 

vessel number, an entry for USS 

GRAVELY (DDG 107); 

■ B. In Table Four, Paragraph 16 by 

adding, in alphanumerical order, by 

vessel number, an entry for USS 

GRAVELY (DDG 107); and 

■ C. In Table Five, by adding, in 

alphanumerical order, by vessel 

number, an entry for USS GRAVELY 

(DDG 107): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FOUR PARAGRAPH 15 

Vessel Number 

Horizontal distance 

from the fore and aft 

centerline of the 

vessel in the 

athwartship direction 

* * * * * * * 

USS GRAVELY .................................................................... DDG 107 ............................................................................... 1.83 meters. 

* * * * * * * 

* * * * * 

TABLE FOUR PARAGRAPH 16 

Vessel Number 

Obstruction angle 

relative ship’s 

headings 

* * * * * * * 

USS GRAVELY .................................................................... DDG 107 ............................................................................... 108.66 thru 112.50 

[degrees]. 

* * * * * * * 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead lights 

not over all other 

lights and obstructions. Annex I, 

sec. 2(f) 

Forward masthead light not in 

forward quarter of 

ship. Annex I, 

sec. 3(a) 

After masthead 

light less than 1⁄2

ship’s length aft of 

forward masthead 

light. Annex I, 

sec. 3(a) 

Percentage 

horizontal 

separation 

attained 

* * * * * * * 

USS GRAVELY ......................................... DDG 107 .......... X X X 14.6 

* * * * * * * 


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Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29195 

* * * * * 

Approved: May 17, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

[FR Doc. 2010–12526 Filed 5–24–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1102] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

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 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified 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 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or 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 BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

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 BFEs, 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 BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim 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 

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 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

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 and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Alabama: St. Clair ... Unincorporated 

areas of St. Clair 

County (09–04– 

6331P).

December 24, 2009; December 

31, 2009; The St. Clair 

News-Aegis.

Mr. Stanley Batemon, Chairman, St. Clair 

County Commission, 165 5th Avenue, 

Suite 100, Ashville, AL 35953.

April 30, 2010 ................. 010290 

Arizona:.

Pima ................. Town of Marana 

(09–09–0980P).

September 21, 2009; September 28, 2009; Daily Territorial.

The Honorable Ed Honea, Mayor, Town 

of Marana, 11555 West Civic Center 

Drive, Marana, AZ 85653.

January 26, 2010 ........... 040118 

Pima ................. Town of Marana 

(08–09–1811P).

October 9, 2009; October 16, 

2009; Daily Territorial.

The Honorable Ed Honea, Mayor, Town 

of Marana, 11555 West Civic Center 

Drive, Marana, AZ 85653.

January 19, 2010 ........... 040118 

Pima ................. Town of Oro Valley 

(08–09–1811P).

October 9, 2009; October 16, 

2009; Daily Territorial.

The Honorable Paul H. Loomis, Mayor, 

Town of Oro Valley, 11000 North La 

Canada Drive, Oro Valley, AZ 85737.

January 19, 2010 ........... 040109 


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