34696 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations 

additional information collection 

requirements on the public under Public 

Law 96–511, ‘‘Paperwork Reduction 

Act’’ (44 U.S.C. Chapter 35). 

Public Law 104–4, Section 202, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of Public Law 104–4, 

‘‘Unfunded Mandates Reform Act,’’ 

requires an analysis be performed to 

determine whether any federal mandate 

may result in the expenditure by State, 

local and tribal governments, in the 

aggregate, or by the private sector of 

$100 million in any one year. It has 

been certified that this final rule does 

not contain a federal mandate that may 

result in the expenditure by State, local 

and tribal governments, in aggregate, or 

by the private sector, of $100 million or 

more in any one year. Therefore, this 

final rule is not subject to this 

requirement. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132, ‘‘Federalism,’’ 

requires an impact analysis be 

performed to determine whether the 

rule has federalism implications that 

would have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. It has been 

certified that this final rule does not 

have federalism implications, as set 

forth in Executive Order 13132. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 

55. 

■ 2. Section 199.4 is amended by adding 

paragraph (e)(27) to read as follows: 

§ 199.4 Basic program benefit. 

* * * * * 

(e) * * * 

(27) TRICARE will cost share forensic 

examinations following a sexual assault 

or domestic violence. The forensic 

examination includes a history of the 

event and a complete physical and 

collection of forensic evidence, and 

medical and psychological follow-up 

care. The examination for sexual assault 

also includes, but is not limited to, a test 

kit to retrieve forensic evidence, testing 

for pregnancy, testing for sexually 

transmitted disease and HIV, and 

medical services and supplies for 

prevention of sexually transmitted 

diseases, HIV, pregnancy, and 

counseling services. 

* * * * * 

Dated: July 14, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–17060 Filed 7–16–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[FWS–R7–SM–2008–0101; 70101–1335– 

0064L6] 

Subsistence Management Regulations 

for Public Lands in Alaska; Makhnati 

Island Area 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 36 

CFR 242.3 and 50 CFR 100.3 of the 

subsistence management regulations for 

public lands in Alaska, subpart A, 

Makhnati Island Area, which were 

published in the Federal Register of 

August 24, 2006. That rule, which 

became effective September 25, 2006, 

inadvertently omitted 190 acres of the 

Makhnati Island Area in the regulatory 

text. 

DATES: This correction is effective July 

17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management; (907) 786– 

3888. For questions specific to National 

Forest System lands, contact Calvin H. 

Casipit, Subsistence Program Leader, 

USDA—Forest Service, Alaska Region, 

(907) 586–7918. 

SUPPLEMENTARY INFORMATION: On August 

24, 2006, the Secretaries of Agriculture 

and the Interior published a final rule 

(71 FR 49997) that revised jurisdiction 

of the Federal Subsistence Management 

Program by adding submerged lands 

and waters in the area of Makhnati 

Island, near Sitka, Alaska. That rule, 

which became effective September 25, 

2006, inadvertently omitted 190 acres of 

the Makhnati Island Area which was 

withdrawn for use by the Federal 

Government in Executive Order 8216 

(July 25, 1939). Executive Order 8216 

was not rescinded until after statehood, 

so the submerged land did not transfer 

to the State at statehood. Since this 

submerged land is not included in any 

other withdrawal, reservation, or 

administrative set aside, the marine 

submerged lands, including any filled 

lands owned by the United States, are 

under the administration of the Bureau 

of Land Management and are included 

within the jurisdiction of the Federal 

Subsistence Management Program. 

Because this rule relates to public 

lands managed by an agency or agencies 

in both the Departments of Agriculture 

and the Interior, identical text is 

incorporated into 36 CFR part 242 and 

50 CFR part 100. 

Administrative Procedure Act 

We find good cause to waive notice 

and comment on this correction, 

pursuant to 5 U.S.C. 533(b)(3)(B), and 

the 30-day delay in effective date, 

pursuant to 5 U.S.C. 553(d). Notice and 

comment are unnecessary because this 

correction is a minor, technical change 

in the description of the area already 

under Federal jurisdiction. The 

substance of the regulations remains 

unchanged. Therefore, this correction is 

being published as a final rule and is 

effective upon publication. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

■ Accordingly, we amend title 36, part 

242, and title 50, part 100, of the Code 

of Federal Regulations as follows: 

PART ____—SUBSISTENCE 

MANAGEMENT REGULATIONS FOR 

PUBLIC LANDS IN ALASKA 

■ 1. The authority citation for both 36 

CFR part 242 and 50 CFR part 100 

continues to read as follows: 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

■ 2. Amend §__.3 by revising paragraph 

(b)(5) as follows: 


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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations 34697 

§ ___.3 Applicability and scope. 

* * * * * 

(b) * * * 

(5) Southeastern Alaska—Makhnati 

Island Area: Land and waters beginning 

at the southern point of Fruit Island, 

57°02′35′′ north latitude, 135°21′07′′ 

west longitude as shown on United 

States Coast and Geodetic Survey Chart 

No. 8244, May 21, 1941; from the point 

of beginning, by metes and bounds; S. 

58° W., 2,500 feet, to the southern point 

of Nepovorotni Rocks; S. 83° W., 5,600 

feet, on a line passing through the 

southern point of a small island lying 

about 150 feet south of Makhnati Island; 

N. 6° W., 4,200 feet, on a line passing 

through the western point of a small 

island lying about 150 feet west of 

Makhnati Island, to the northwestern 

point of Signal Island; N. 24° E., 3,000 

feet, to a point, 57°03′15′′ north latitude, 

134°23′07′′ west longitude; East, 2,900 

feet, to a point in course No. 45 in 

meanders of U.S. Survey No. 1496, on 

west side of Japonski Island; 

southeasterly, with the meanders of 

Japonski Island, U.S. Survey No. 1,496 

to angle point No. 35, on the 

southwestern point of Japonski Island; 

S. 60° E., 3,300 feet, along the boundary 

line of Naval reservation described in 

Executive Order No. 8216, July 25, 1939, 

to the point beginning, and that part of 

Sitka Bay lying south of Japonski Island 

and west of the main channel, but not 

including Aleutski Island as revoked in 

Public Land Order 925, October 27, 

1953, described by metes and bounds as 

follows: Beginning at the southeast 

point of Japonski Island at angle point 

No. 7 of the meanders of U.S. Survey 

No. 1496; thence east approximately 

12.00 chains to the center of the main 

channel; thence S. 45° E. along the main 

channel approximately 20.00 chains; 

thence S. 45° W. approximately 9.00 

chains to the southeastern point of 

Aleutski Island; thence S. 79° W. 

approximately 40.00 chains to the 

southern point of Fruit Island; thence N. 

60° W. approximately 50.00 chains to 

the southwestern point of Japonski 

Island at angle point No. 35 of U.S. 

Survey No 1496; thence easterly with 

the meanders of Japonski Island to the 

point of beginning including Charcoal, 

Harbor, Alice, Love, Fruit islands and a 

number of smaller unnamed islands. 

* * * * * 

Dated: July 2, 2009. 

Ken Salazar, 

Secretary of the Interior, Department of the 

Interior. 

Dated: June 1, 2009. 

Dennis E. Bschor, 

Regional Forester, USDA-Forest Service. 

[FR Doc. E9–17052 Filed 7–16–09; 8:45 am] 

BILLING CODE 3410–11–P, 4310–55–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020] 

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: 

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: 


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