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Federal Register/Vol. 73, No. 232/Tuesday, December 73182 Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Rules and Regulations (subtitle E of the Small Business any person acting subject to the SUPPLEMENTARY INFORMATION: The Regulatory Enforcement Fairness Act of direction or control of a foreign Federal Emergency Management Agency 1996). Therefore, the reporting government or official where such (FEMA) makes the final determinations requirement of 5 U.S.C. 801 does not person is an agent of Cuba or any other listed below for the modified BFEs for apply. country that the President determines each community listed. These modified Paperwork Reduction Act (and so reports to the Congress) poses a elevations have been published in threat to the national security interest of newspapers of local circulation and The Paperwork Reduction Act (PRA) the United States for purposes of 18 ninety (90) days have elapsed since that does not apply to this rule change. See U.S.C. 951; or has been convicted of or publication. The Assistant 44 U.S.C. 3501–3521. The PRA imposes entered a plea of nolo contendere to any Administrator of the Mitigation certain protocol for the ‘‘collection of offense under 18 U.S.C. 792–799, 831, Directorate has resolved any appeals information’’ by government agencies. or 2381, or under section 11 of the resulting from this notification. The Act defines the ‘‘collection of Export Administration Act of 1979, 50 This final rule is issued in accordance information’’ as ‘‘the obtaining, causing U.S.C. app. 2410. with section 110 of the Flood Disaster to be obtained, soliciting, or requiring * * * * * Protection Act of 1973, 42 U.S.C. 4104, the disclosure to third parties or the and 44 CFR part 67. FEMA has public [of certain information]’’ Dated: November 24, 2008. developed criteria for floodplain pursuant to requirements ‘‘imposed on Michael B. Mukasey, management in floodprone areas in ten or more persons.’’ 44 U.S.C. Attorney General. accordance with 44 CFR part 60. 3502(3)(A). Regulations promulgated by [FR Doc. E8–28620 Filed 12–1–08; 8:45 am] Interested lessees and owners of real the Office of Management and Budget to BILLING CODE 4410–PB–P property are encouraged to review the implement the PRA explain that ‘‘ ‘ten proof Flood Insurance Study and FIRM or more persons’ refers to the persons to available at the address cited below for whom a collection of information is each community. The BFEs and addressed by the agency within any 12- DEPARTMENT OF HOMELAND modified BFEs are made final in the month period.’’ 5 CFR 1320.3(c)(4). SECURITY communities listed below. Elevations at Current Department of Justice Federal Emergency Management selected locations in each community regulations implementing the Foreign Agency are shown. Agents Registration Act require the National Environmental Policy Act. agents of Cuba and seven other 44 CFR Part 67 This final rule is categorically excluded countries to register before those agents from the requirements of 44 CFR part may engage in legal commercial Final Flood Elevation Determinations 10, Environmental Consideration. An transactions in the United States. 28 environmental impact assessment has CFR part 73.2(a). Fewer than ten AGENCY: Federal Emergency Management Agency, DHS. not been prepared. persons have registered per year under Regulatory Flexibility Act. As flood these regulations. The proposed rule ACTION: Final rule. elevation determinations are not within would eliminate all countries except SUMMARY: Base (1% annual chance) the scope of the Regulatory Flexibility Cuba from the list of nations in these Act, 5 U.S.C. 601–612, a regulatory regulations, a change that would mirror Flood Elevations (BFEs) and modified BFEs are made final for the flexibility analysis is not required. the statutory exception to the legal Regulatory Classification. This final communities listed below. The BFEs commercial transaction exemption to rule is not a significant regulatory action and modified BFEs are the basis for the the registration requirements imposed under the criteria of section 3(f) of floodplain management measures that by section 951, and is not expected to Executive Order 12866 of September 30, each community is required either to increase the number of persons 1993, Regulatory Planning and Review, adopt or to show evidence of being registering. 58 FR 51735. already in effect in order to qualify or Executive Order 13132, Federalism. List of Subjects in 28 CFR Part 73 remain qualified for participation in the This final rule involves no policies that Agents of foreign governments; National Flood Insurance Program have federalism implications under Foreign officials; Foreign relations. (NFIP). Executive Order 13132. ■ Accordingly, by virtue of the authority DATES: The date of issuance of the Flood Executive Order 12988, Civil Justice vested in me as Attorney General, Insurance Rate Map (FIRM) showing Reform. This final rule meets the including 18 U.S.C. 951 and 28 U.S.C. BFEs and modified BFEs for each applicable standards of Executive Order 509 and 510, Part 73 of Chapter I of title community. This date may be obtained 12988. 28 of the Code of Federal Regulations is by contacting the office where the maps List of Subjects in 44 CFR Part 67 amended as follows: are available for inspection as indicated on the table below. Administrative practice and PART 73.2—EXCEPTIONS ADDRESSES: The final BFEs for each procedure, Flood insurance, Reporting ■ 1. The authority citation for part 73 community are available for inspection and recordkeeping requirements. continues to read as follows: at the office of the Chief Executive ■ Accordingly, 44 CFR part 67 is Authority: 18 U.S.C. 951; 28 U.S.C. 509, Officer of each community. The amended as follows: 510. respective addresses are listed in the table below. PART 67—[AMENDED] ■ 2. Revise paragraph (a) of part 73.2 to read as follows: FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 67 William R. Blanton, Jr., Engineering continues to read as follows: § 73.2 Exceptions. Management Branch, Mitigation Authority: 42 U.S.C. 4001 et seq.; (a) The exemption provided in 18 Directorate, Federal Emergency Reorganization Plan No. 3 of 1978, 3 CFR, U.S.C. 951(d)(4) for a ‘‘legal commercial Management Agency, 500 C Street, SW., 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, transaction’’ shall not be available to Washington, DC 20472, (202) 646–3151. 3 CFR, 1979 Comp., p. 376. VerDate Aug<31>2005 20:11 Dec 01, 2008 Jkt 217001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1 pwalker on PROD1PC71 with RULES Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Rules and Regulations 73183 § 67.11 [Amended] ■ 2. The tables published under the authority of § 67.11 are amended as follows: * Elevation in feet (NGVD) + Elevation in feet State City/town/county Source of flooding Location (NAVD) # Depth in feet above ground Modified City of Virginia Beach, Virginia FEMA Docket No.: B–7775 Virginia .......................... City of Virginia Beach .. Atlantic Ocean .................. Approximately 550 feet east of Sandpiper +10 Lane approximately 1.5 miles south of Little Island District Park. Approximately 150 feet east of Sandpiper +10 Lane approximately 1 mile south of Lit- tle Island District Park. Approximately 300 feet north of Porpoise +10 Lane between Sandfiddler Road and Sandpiper Road. Approximately 1,200 feet south of Por- +10 poise Lane between Sandfiddler Road and Sandpiper Road. Numerous locations along the Atlantic +11 shoreline (extending inland up to 1 mile) from Cape Henry to the southern- most corporate limit of VA Beach. AO zones with depths ranging 1–2 feet & X unshaded zones are now AE or VE zones with BFEs ranging 4–11 feet. Virginia .......................... City of Virginia Beach .. Chesapeake Bay .............. Immediately south of Oceanview Avenue +6.8 between Fentress Avenue and Sea- view Avenue. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Virginia Beach Maps are available for inspection at 2405 Courthouse Drive, Building 2, Third Floor, Virginia Beach, VA 23456. * Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified Marin County, California and Incorporated Areas FEMA Docket No.: B–7752 Black John Slough (backwater Approximately 2,000 feet northwest of the intersection of +9 City of Novato. from San Pablo Bay). Topaz Drive and Albatross Drive. Corte Madera Creek ................. Approximately 250 feet north of the intersection of U.S. +9 Unincorporated Areas of Highway 101 and Nellen Drive. Marin County. Approximately 100 feet east of the intersection of +9 Greenbrae Boardwalk and Northwestern Pacific Rail- road. (Backwater from San Francisco At the intersection of Birch Avenue and Apache Road (at +9 Town of Corte Madera. Bay). Lagoon 2). (Backwater from San Francisco Approximately 66 feet west of the intersection of Bon Air +9 Unincorporated Areas of Bay). Road and Eliseo Drive. Marin County. Coyote Creek ............................ Approximately 800 feet northwest of the intersection of +9 Unincorporated Areas of U.S. Highway 101 and Shoreline Highway. Marin County. Gallinas Creek .......................... At the intersection of Main Drive and Smith Ranch Road .. +9 City of San Rafael. Miller Creek ............................... Upstream side of downstream crossing of Lucas Valley +75 City of San Rafael. Road. Approximately 200 feet downstream of upstream crossing +111 of Lucas Valley Road. VerDate Aug<31>2005 20:11 Dec 01, 2008 Jkt 217001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1 pwalker on PROD1PC71 with RULES 73184 Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified Richardson Bay .......................
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