48150 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in 

feet (NGVD) 

+ Elevation in 

feet (NAVD) 

# Depth in feet 

above ground 

Modified 

Communities affected 

Maps available for inspection at the Bertie County Building Inspection Department, 106 Dundee Street, Windsor, North Carolina. 

Town of Aulander 

Maps are available for inspection at Town of Aulander Municipal Building, 124 West Main Street, Aulander, North Carolina. 

Town of Colerain 

Maps are available for inspection at Colerain Town Hall, 101 B. Winton Road, Colerain, North Carolina. 

Town of Kelford 

Maps available for inspection at the Bertie County Building Inspection Department, 106 Dundee Street, Windsor, North Carolina. 

Town of Lewiston Woodville 

Maps available for inspection at the Lewiston Woodville Town Hall, 103 West Church Street, Lewiston Woodville, North Carolina. 

Town of Roxobel 

Maps available for inspection at the Roxobel Town Hall, 204 South Main Street, Roxobel, North Carolina. 

Town of Windsor 

Maps available for inspection at the Windsor Town Hall, 128 South King Street, Windsor, North Carolina. 

Marion County, Tennessee, and Incorporated Areas 

FEMA Docket No.: 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. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: August 11, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–19019 Filed 8–15–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 4 

Service of Process 

AGENCY: Department of Health and 

Human Services. 

ACTION: Final rule. 

SUMMARY: This rule amends our 

regulations, which provide for service of 

process on the Department of Health 

and Human Services, the Secretary of 

Health and Human Services, or other 

employees of the Department in their 

official capacities. 

The purpose of this amendment is to 

expand the number of people who can 

be served process on behalf of the 

Department. 

DATES: Effective Date: August 18, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey S. Davis, Associate General 

Counsel, General Law Division, Office 

of the General Counsel, (202) 619–0150. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1983, the Department of Health and 

Human Services published regulations 

which addressed the method by which 

the Secretary of Health and Human 

Services, the Department, and its 

employees in their official capacities 

may be served with legal process. The 

current regulations provide that the 

service of a summons and complaint on 

the Department or on any Department 

official in his official capacity shall be 

accomplished by regular mail. Service 

of subpoenas and other process, if not 

authorized by law to be served by mail, 

should be hand-delivered to the staff of 

the correspondence control unit of the 

Office of the General Counsel. The 

regulations currently provide that, in 

the absence of that staff, process should 

be delivered to any Deputy General 

Counsel or secretary to any Deputy 

General Counsel of the Department. 

This amendment is designed to make 

full use of limited personnel resources 

available to the Immediate Office of the 

General Counsel when the staff of the 

General Counsel’s Office of Legal 

Resources (formerly the correspondence 

control unit) is not available to accept 

service of process. By expanding those 

who may accept service of process to 

either the staff of the Office of Legal 

Resources within the Office of the 

General Counsel or to any staff member 

of or individual assigned to the 

Immediate Office of the General Counsel 

in the absence of the Office of Legal 

Resources staff, resources within the 

Office of the General Counsel will be 

channeled more appropriately. 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Rules and Regulations 48151 

We are also adding a new section to 

the regulations to address the service of 

Congressional subpoenas on the 

Department or the Secretary. Under the 

amended regulations, the staff in the 

Office of the Assistant Secretary for 

Legislation is authorized to accept 

Congressional subpoenas on behalf of 

the Department. As the official liaison 

between the Department and Congress, 

the Office of the Assistant Secretary for 

Legislation is best suited to accept 

service of Congressional subpoenas, 

coordinate the Department’s response to 

Congressional investigations and 

prepare witnesses and testimony for 

Congressional hearings. 

Public Participation 

This rule is published as a final rule. 

It is exempt from public comment, 

pursuant to 5 U.S.C. 553(b)(A) as a rule 

of ‘‘agency organization, procedure, or 

practice.’’

Paperwork Reduction Act 

This regulation is not subject to the 

Paperwork Reduction Act because it 

deals solely with internal rules 

governing Department of Health and 

Human Services personnel. 

Cost/Regulatory Analysis 

In accordance with Executive Order 

12866, the Secretary has determined 

that this rule will not constitute a 

‘‘significant regulatory action’’ as 

defined in Executive Order 12866 in 

that it will not have an annual effect on 

the economy of $100 million or more a 

year or adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or state, local or 

tribal governments or communities. 

This rule is therefore not subject to the 

regulatory impact and analysis 

requirements of the Order. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities; therefore, 

preparation of a regulatory flexibility 

analysis is not required. 

List of Subjects in 45 CFR Part 4 

Administrative practice and 

procedure, Government employees. 

■ Accordingly, for the reasons set forth 

in the preamble, 45 CFR part 4 is 

amended as follows: 

PART 4—[AMENDED] 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 5 U.S.C. 301, 42 U.S.C. 300aa11. 

■ 2. Revise § 4.2(b) to read as follows: 

§ 4.2 Other process directed to the 

Department or Secretary. 

* * * * * 

(b) If served by an individual, the 

process should be delivered to the staff 

in the Office of Legal Resources, Office 

of the General Counsel, Room 700E, 200 

Independence Avenue, SW., 

Washington, DC 20201, or in the 

absence of that staff, to any staff member 

of or individual assigned to the 

Immediate Office of the General 

Counsel, up to and including any 

Deputy General Counsel. 

■ 3. Add § 4.7 to read as follows: 

§ 4.7 Congressional subpoenas directed to 

the Department or Secretary. 

Notwithstanding the provisions of 

§§ 4.1, 4.2, and 4.3, service of 

Congressional subpoenas shall be 

delivered to the staff in the Office of the 

Assistant Secretary for Legislation, 

Department of Health and Human 

Services, 200 Independence Avenue, 

SW., Washington, DC 20201. 

Dated: August 11, 2008. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. E8–18917 Filed 8–15–08; 8:45 am] 

BILLING CODE 4150–26–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 544 

[Docket No.: NHTSA–2008–0055] 

RIN 2127–AK30 

Insurer Reporting Requirements; List 

of Insurers Required To File Reports 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends 49 

CFR part 544, Insurer Reporting 

Requirements. This Part specifies the 

requirements for annual insurer reports 

and lists in appendices those passenger 

motor vehicle insurers that are required 

to file reports on their motor vehicle 

theft loss experiences. An insurer 

included in any of these appendices 

must file three copies of its report for 

the 2005 calendar year before October 

25, 2008. If the passenger motor vehicle 

insurers remain listed, they must submit 

reports by each subsequent October 25. 

DATES: This final rule becomes effective 

on September 17, 2008. If you wish to 

submit a petition for reconsideration of 

this rule, your petition must be received 

by October 2, 2008. 

ADDRESSES: Petitions for reconsideration 

should refer to the docket number and 

be submitted to: Administrator, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., West 

Building, Room W41–307, Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Rosalind Proctor, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., West Building, Room 

W43–302, Washington, DC 20590, by 

electronic mail to 

rosalind.proctor@dot.gov. Ms. Proctor’s 

telephone number is (202) 366–0846. 

Her fax number is (202) 493–0073. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to 49 U.S.C. 33112, Insurer 

reports and information, NHTSA 

requires certain passenger motor vehicle 

insurers to file an annual report with the 

agency. Each insurer’s report includes 

information about thefts and recoveries 

of motor vehicles, the rating rules used 

by the insurer to establish premiums for 

comprehensive coverage, the actions 

taken by the insurer to reduce such 

premiums, and the actions taken by the 

insurer to reduce or deter theft. 

Pursuant to 49 U.S.C. Section 33112(f), 

the following insurers are subject to the 

reporting requirements: 

(1) Issuers of motor vehicle insurance 

policies whose total premiums account 

for 1 percent or more of the total 

premiums of motor vehicle insurance 

issued within the United States; 

(2) Issuers of motor vehicle insurance 

policies whose premiums account for 10 

percent or more of total premiums 

written within any one state; and 

(3) Rental and leasing companies with 

a fleet of 20 or more vehicles not 

covered by theft insurance policies 

issued by insurers of motor vehicles, 

other than any governmental entity. 

Pursuant to its statutory exemption 

authority, the agency exempted certain 

passenger motor vehicle insurers from 

the reporting requirements. 

A. Small Insurers of Passenger Motor 

Vehicles 

Section 33112(f)(2) provides that the 

agency shall exempt small insurers of 

passenger motor vehicles if NHTSA 

finds that such exemptions will not 

significantly affect the validity or 

usefulness of the information in the 

reports, either nationally or on a stateby-state basis. The term ‘‘small insurer’’

is defined, in Section 33112(f)(1)(A) and 

(B), as an insurer whose premiums for 


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