44924 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 

6 NYCRR 200.10. Federal Standards and 

Requirements (effective 10/20/07) 

Part 201. Permits and Certificates 

6 NYCRR 201–1. General Provisions 

(effective 7/7/96) 

6 NYCRR 201–2. Definitions (effective 11/21/ 

98) 

6 NYCRR 201–3. Exemptions and Trivial 

Activities (effective 5/7/03) 

6 NYCRR 201–4. Minor Facility Registrations 

(effective 7/7/96) 

6 NYCRR 201–5. State Facility Permits 

(effective 7/7/96) 

6 NYCRR 201–6. Title V Facility Permits 

(effective 1/18/02) 

6 NYCRR 201–7. Federally Enforceable 

Emission Caps (effective 7/7/96) 

6 NYCRR 201–8. General Permits (effective 7/ 

7/96) 

Part 202. Emissions Verification 

6 NYCRR 202–1. Emissions Testing, 

Sampling and Analytical Determinations 

(effective 5/29/05) 

6 NYCRR 202–2. Emission Statements 

(effective 5/29/05) 

Part 204. NOX Budget Trading Program 

6 NYCRR 204–1. General Provisions 

(effective 2/25/00) 

6 NYCRR 204–2. Authorized Account 

Representative for NOX Budget Sources 

(effective 2/25/00) 

6 NYCRR 204–3. Permits (effective 2/25/00) 

6 NYCRR 204–4. Compliance Certification 

(effective 2/25/00) 

6 NYCRR 204–5. Allowance Allocations 

(effective 2/25/00) 

6 NYCRR 204–6. Allowance Tracking System 

(effective 2/25/00) 

6 NYCRR 204–7. NOX Allowance Transfers 

(effective 2/25/00) 

6 NYCRR 204–8. Monitoring and Reporting 

(effective 2/25/00) 

6 NYCRR 204–9. Individual Unit Opt-ins 

(effective 2/25/00) 

Part 207—Control Measures for Air 

Pollution Episode (Effective 2/22/79) 

Part 210—Emissions and Labeling 

Requirements for Personal Watercraft 

Engines 

6 NYCRR 210–1. Applicability and 

Definitions (effective 8/8/03) 

6 NYCRR 210–2. Certification and 

Prohibitions (effective 8/8/03) 

6 NYCRR 210–3. Family Emission Limits 

(effective 8/8/03) 

6 NYCRR 210–4. In-Use Testing and Recall 

(effective 8/8/03) 

6 NYCRR 210–5. Warranty (effective 8/8/03) 

6 NYCRR 210–6. Production-Line Testing 

(effective 8/8/03) 

6 NYCRR 210–7. Severability (effective 8/8/ 

03) 

Part 211—General Prohibitions (Effective 8/ 

11/83) 

Part 212—General Process Emission Sources 

(Effective 9/22/94) 

Part 215—Open Fires (Effective 6/16/72) 

Part 219—Incinerators 

6 NYCRR 219–1. Incineration—General 

Provisions (effective 10/30/02) 

6 NYCRR 219–2. Municipal and Private Solid 

Waste Incineration Facilities (effective 5/ 

21/05) 

6 NYCRR 219–3. Infectious Waste 

Incineration Facilities (effective 12/31/88) 

6 NYCRR 219–5. Existing Incinerators 

(effective 12/31/88) 

6 NYCRR 219–6. Existing Incinerators—New 

York City, Nassau and Westchester 

Counties (effective 12/31/88) 

6 NYCRR 219–7. Mercury Emission 

Limitations for Large Municipal Waste 

Combustors Constructed On or Before 

September 20, 1994 (effective 5/21/05) 

6 NYCRR 219–8. Emission Guidelines and 

Compliance Times for Small Municipal 

Waste Combustion Units Constructed On 

or Before August 30, 1999 (effective 10/18/ 

02) 

Part 225—Fuel Consumption and Use 

6 NYCRR 225–1. Fuel Composition and 

Use—Sulfur Limitations (effective 1/29/86) 

6 NYCRR 225–2. Fuel Composition and 

Use—Waste Fuel (effective 11/5/84) 

6 NYCRR 225–3. Fuel Composition and 

Use—Gasoline (effective 11/4/01) 

6 NYCRR 225–4. Motor Vehicle Diesel Fuel 

(effective 5/8/05) 

Part 226—Solvent Metal Cleaning Processes 

(Effective 5/7/03) 

Part 227—Stationary Combustion 

Installations 

6 NYCRR 227–1. Stationary Combustion 

Installations (effective 2/25/00) 

6 NYCRR 227–2. Reasonably Available 

Control Technology (RACT) for Oxides of 

Nitrogen (NOX) (effective 2/11/04) 

6 NYCRR 227–3. Pre-2003 Nitrogen Oxides 

Emissions Budget and Allowance Program 

(effective 3/15/99) 

Part 228—Surface Coating Processes 

(Effective 7/23/03) 

Part 229—Petroleum and Volatile Organic 

Liquid Storage and Transfer (Effective 4/4/ 

93) 

Part 231—New Source Review in 

Nonattainment Areas and Ozone Transport 

Region 

6 NYCRR 231–1. Requirements for Emission 

Sources Subject to the Regulation Prior to 

November 15, 1992 (effective 10/15/94) 

6 NYCRR 231–2. Requirements for Emission 

Sources Subject to the Regulation On or 

After November 15, 1992 (effective 5/3/00) 

Part 240—Conformity to State or Federal 

Implementation Plans (Effective 10/22/04) 

Part 243—CAIR NOX Ozone Season Trading 

Program 

6 NYCRR 243–1. CAIR NOX Ozone Season 

Trading Program General Provisions 

(effective 10/19/07) 

6 NYCRR 243–2. CAIR Designated 

Representative for CAIR NOX Ozone 

Season Sources (effective 10/19/07) 

6 NYCRR 243–3. Permits (effective 10/19/07) 

6 NYCRR 243–5. CAIR NOX Ozone Season 

Allowance Allocations (effective 10/19/07) 

6 NYCRR 243–6. CAIR NOX Ozone Season 

Allowance Tracking System (effective 10/ 

19/07) 

6 NYCRR 243–7. CAIR NOX Ozone Season 

Allowance Transfers (effective 10/19/07) 

6 NYCRR 243–8. Monitoring and Reporting 

(effective 10/19/07) 

6 NYCRR 243–9. CAIR NOX Ozone Season 

Opt-in Units (effective 10/19/07) 

Part 244—CAIR NOX Annual Trading 

Program 

6 NYCRR 244–1. CAIR NOX Annual Trading 

Program General Provisions (effective 10/ 

19/07) 

6 NYCRR 244–2. CAIR Designated 

Representative for CAIR NOX Sources 

(effective 10/19/07) 

6 NYCRR 244–3. Permits (effective 10/19/07) 

6 NYCRR 244–5. CAIR NOX Allowance 

Allocations (effective 10/19/07) 

6 NYCRR 244–6. CAIR NOX Allowance 

Tracking System (effective 10/19/07) 

6 NYCRR 244–7. CAIR NOX Allowance 

Transfers (effective 10/19/07) 

6 NYCRR 244–8. Monitoring and Reporting 

(effective 10/19/07) 

6 NYCRR 244–9. CAIR NOX Opt-in Units 

(effective 10/19/07) 

Part 245—CAIR SO2 Trading Program 

6 NYCRR 245–1. CAIR SO2 Trading Program 

General Provisions (effective 10/19/07) 

6 NYCRR 245–2. CAIR Designated 

Representative for CAIR SO2 Sources 

(effective 10/19/07) 

6 NYCRR 245–3. Permits (effective 10/19/07) 

6 NYCRR 245–6. CAIR SO2 Allowance 

Tracking System (effective 10/19/07) 

6 NYCRR 245–7. CAIR SO2 Allowance 

Transfers (effective 10/19/07) 

6 NYCRR 245–8. Monitoring and Reporting 

(effective 10/19/07) 

6 NYCRR 245–9. CAIR SO2 Opt-in Units 

(effective 10/19/07) 

* * * * * 

[FR Doc. E8–17590 Filed 7–31–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

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). 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 44925 

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 

on 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: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

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 Assistant 

Administrator of the Mitigation 

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. 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: 

State City/town/county Source of flooding Location 

*Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Unincorporated Areas of Sutter County, California 

Docket Nos.: FEMA–B–7472; B–7753; and B–7760 

California ...................... Unincorporated Areas 

of Sutter County.

Bear River ........................ Approximately 0.9 miles upstream of the 

confluence with Feather River.

*54 

At Wheatland Road .................................. *96 

California ...................... Unincorporated Areas 

of Sutter County.

East Side Canal ............... Downstream source of the East Side 

Canal.

*40 

1,500 feet downstream of Catlett Road ... *40 

California ...................... Unincorporated Areas 

of Sutter County.

Feather River .................... At the confluence with Sacramento River *40 

Approximately 1.5 miles upstream of 

Bogue Road.

*72 

California ...................... Unincorporated Areas 

of Sutter County.

King Slough ...................... Confluence with East Side Canal ............. *40 

1,600 feet upstream of the confluence of 

North King Slough.

*40 

California ...................... Unincorporated Areas 

of Sutter County.

Natomas Basin ................. Area West of Natomas East Main Drainage Canal.*33 

Area South of Cross Canal ...................... *33 

Area East of Sacramento River ................ *33 

California ...................... Unincorporated Areas 

of Sutter County.

North King Slough ............ Confluence with King Slough ................... *40 

3,200 feet upstream of the confluence 

with King Slough.

*40 

California ...................... Unincorporated Areas 

of Sutter County.

Yankee Slough ................. At the confluence with Bear River ............ *58 

Approximately 1.1 miles upstream of 

Brewer Road.

*75 

* National Beodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 


rfrederick on PROD1PC67 with RULES
44926 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 

State City/town/county Source of flooding Location 

*Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

ADDRESSES 

Unincorporated Areas of Sutter County 

Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba City, CA 95993. 

City of Troy, Michigan 

Docket No.: FEMA–B–7749 

Michigan ....................... City of Troy ................... Hawthorn Drain ................ Downstream side of Dequindre Road ...... +629 

Approximately 750 feet upstream of Minnesota Road.+635 

Michigan ....................... City of Troy ................... Shanahan Drain (West of 

Henry Graham Drain).

Inlet to Henry Graham Drain .................... +639 

Downstream side of John R Road ........... +644 

Michigan ....................... City of Troy ................... Spencer-Barnard Drain 

(East).

Downstream side of Dequindre Road ...... +630 

Upstream side of Minnesota Road ........... +632 

Michigan ....................... City of Troy ................... Spencer-Barnard Drain 

(West).

Upstream side of John R Road ................ +639 

Approximately 1,800 feet upstream of 

Maple Road.

+662 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Troy 

Maps are available for inspection at 500 West Big Beaver Road, Troy, MI 48084. 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Marion County, Tennessee, and Incorporated Areas 

Docket No.: FEMA–B–7756 

Pryor Cove Branch ................... Confluence with Standifer Branch ....................................... +640 Town of Jasper.

Confluence with West Fork Pryor Cove Branch ................. +714 

Sequatchie River ...................... At confluence with Tennessee River .................................. +616 Town of Jasper. 

Approximately 575 feet upstream of U.S. Highway 41 ....... +620 

Standifer Branch ....................... At confluence of Town Creek .............................................. +619 Town of Jasper. 

At confluence of Pryor Cove Branch .................................. +639 

West Fork Pryor Cove Branch At confluence with Pryor Cove Branch ............................... +714 Town of Jasper. 

Approximately 250 feet upstream of Pryor Cove Road ...... +786 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

Town of Jasper 

Maps are available for inspection at 4460 Main Street, Jasper, TN 37347. 

Adams County, Washington, and Incorporated Areas 

Docket No.: FEMA–B–7755 

Paha Creek ............................... Approximately 1400 feet downstream of Division Street 

Bridge.

+1,790 City of Ritzville, Unincorporated Areas of Adams 

County. 

Approximately 800 feet upstream of Fairgrounds footbridge.+1,806 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 44927 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

ADDRESSES 

City of Ritzville 

Maps are available for inspection at 216 E. Main Avenue, Ritzville, WA 99169. 

Unincorporated Areas of Adams County 

Maps are available for inspection at 210 W. Alder, Ritzville, WA 99169. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: July 23, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–17681 Filed 7–31–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 604 

[Docket No. FTA–2005–22657] 

RIN 2132–AA85 

Charter Service 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Final rule; response to petitions 

for reconsideration and amendments. 

SUMMARY: This document disposes of 

the petitions for reconsideration filed in 

response to the Federal Transit 

Administration’s (FTA) final rule on 

charter service published on January 14, 

2008. This notice also corrects the final 

rule by adding an authority citation, 

revises Appendix B and Appendix C, 

and corrects Appendix D, which should 

have appeared in the final rule as a 

matrix. 

DATES: Effective Date: August 1, 2008. 

ADDRESSES: A copy of this rule and 

comments and material received from 

the public, as well as any documents 

indicated in the preamble as being 

available in the docket, are part of 

docket FTA–2005–22657 and are 

available for inspection or copying at 

the Docket Management Facility, U.S. 

Department of Transportation, 1200 

New Jersey Ave., SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

You may retrieve the rule and 

comments online through the Federal 

Document Management System (FDMS) 

at: http://www.regulations.gov. Enter 

docket number 22657 in the search 

field. The FDMS is available 24 hours 

each day, 365 days each year. Electronic 

submission and retrieval help and 

guidelines are available under the help 

section of the Web site. 

An electronic copy of this document 

may also be downloaded from the 

Government Printing Office’s Electronic 

Bulletin Board Service at (202) 512–

1661. Internet users may also reach the 

Office of the Federal Register’s home 

page at: http://www.nara.gov/fedreg and 

the Government Printing Office’s Web 

page at: http://www.gpoaccess.gov/fr/ 

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Frederick, Ombudsman for 

Charter Services, Federal Transit 

Administration, 1200 New Jersey Ave., 

SE., Room E54–410, Washington, DC 

20590, (202) 366–4063 or 

ombudsman.charterservice@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Transit Administration 

(FTA), on January 14, 2008, issued a 

final rule amending 49 CFR part 604 (73 

FR 2326), which governs the provision 

of charter service by recipients of 

Federal funds from FTA. FTA utilized 

negotiated rulemaking procedures to 

issue the new rule based on direction 

contained in the Joint Explanatory 

Statement of the Committee of 

Conference for section 3023(d), 

‘‘Condition on Charter Bus 

Transportation Service’’ of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users of 2005 (SAFETEA–LU). The final 

rule became effective on April 30, 2008, 

and clarified existing requirements; set 

out a new definition of ‘‘charter 

service’’; allowed for electronic 

registration of private charter providers, 

which replaced the old ‘‘willing and 

able’’ process; included a new provision 

allowing private charter operators to 

request a cease and desist order; and 

established more detailed complaint, 

hearing, and appeal procedures. On 

February 14, 2008, FTA received four 

petitions for reconsideration for certain 

provisions contained in the final rule. 

Issues Presented in the Petitions for 

Reconsideration 

Each of the following organizations 

filed a petition with FTA for 

reconsideration of the final rule: Coach 

USA, Inc., American Bus Association, 

Inc. (ABA), Private Sector Participants 

of Charter Bus Negotiated Rulemaking 

Advisory Committee (‘‘the Coalition’’) 

(which includes the ABA, California 

Bus Association, Coach America, Coach 

USA, National School Transportation 

Association, Northwest Motorcoach 

Association, Taxicab, Limousine and 

Paratransit Association, Trailways, and 

United Motorcoach Association), and 

Adirondack Trailways (including Pine 

Hill Trailways and New York 

Trailways). 

Each petition for reconsideration 

focused primarily on the final rule’s 

exemption for private charter operators. 

The final rule states: 

(c) The requirements of this part shall not 

apply to private charter operators that 

receive, directly or indirectly, Federal 

financial assistance under section 3038 of the 

Transportation Equity Act for the 21st 

Century, as amended, or to the non-FTA 

funded activities of private charter operators 

that receive, directly or indirectly, FTA 

financial assistance under any of the 

following programs: 49 U.S.C. 5307, 49 

U.S.C. 5309, 49 U.S.C. 5310, 49 U.S.C. 5311, 

49 U.S.C. 5316, or 49 U.S.C. 5317. 

49 CFR 604.2(c) 

Coach USA asserts that ‘‘while 

purporting to ‘clarify’ the rule, FTA 

introduced into its final rule at section 

604.2(c) the undefined limitation that 

the rules would not apply to ‘non-FTA 

funded activities of private charter 

operators that receive, directly or 

indirectly, FTA financial assistance’

under a variety of specified Federal 

programs. By virtue of the addition of 


rfrederick on PROD1PC67 with RULES