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Code · REGISTER · 2008-05-01 · Federal Emergency Management Agency, DHS · Proposed Rules

Proposed Rules. Proposed rule; correction

3,659 words·~17 min read·/register/2008/05/01/08-1207

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BILLING CODE 4120-01-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7736 & D-7820] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule; correction. SUMMARY: On September 26, 2007, FEMA published in the **Federal Register** a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 72 FR 54624.
The table provided here represents the flooding source, location of referenced elevation, effective and modified elevation, and communities affected for the Town of Franklin and the Unincorporated Areas of Macon County, North Carolina. Specifically, it addresses flooding sources “Cartoogechaye Creek,” “Jones Creek,” “Poplar Cove Creek,” “Rabbit Creek,” and “Rocky Branch.” DATES: Comments are to be submitted on or before June 2, 2008. ADDRESSES: You may submit comments, identified by Docket No.
FEMA-B-7736 &D-7820, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472
(202)646-3151, or (e-mail) *bill.blanton@dhs.gov* . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472
(202)646-3151 or.(e-mail) *bill.blanton@dhs.gov* . SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)publishes proposed determinations of Base (1% annual-chance) Flood Elevations
(BFEs)and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and 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. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Correction In the proposed rule published at 72 FR 54624, in the September 26, 2007 issue of the **Federal Register** , FEMA published a table under the authority of 44 CFR 67.4. The table, entitled “Macon County, North Carolina, and Incorporated Areas,” addressed flooding sources “Cartoogechaye Creek,” “Jones Creek,” “Poplar Cove Creek,” “Rabbit Creek,” and “Rocky Branch.” That table contained inaccurate information as to the location of referenced elevation, effective and modified elevation in feet, or communities affected for these flooding sources. In this notice of correction, FEMA is publishing a new table to address these errors. The table below should be used in lieu of that previously published. Flooding source(s) Location of referenced elevation** +Elevation in feet
(NAVD)Effective Modified Communities affected Macon County, North Carolina and Incorporated Areas Cartoogechaye Creek The confluence with Little Tennessee River None +2,024 Macon County (Unincorporated Areas), Town of Franklin. At the confluence of Jones Creek and Poplar Cove Creek None +2,178 Jones Creek At the confluence with Poplar Cove Creek and Cartoogechaye Creek None +2,178 Macon County (Unincorporated Areas). At the confluence of Allison Creek None +2,232 Poplar Cove Creek At the confluence with Cartoogechaye Creek and Jones Creek None +2,178 Macon County (Unincorporated Areas). Approximately 380 feet upstream of Smith Hill Road (State Road 1306) None +2,264 Rabbit Creek The confluence with Little Tennessee River None +2,000 Macon County (Unincorporated Areas), Town of Franklin. At the confluence of Corbin Creek and Berry Creek None +2,220 Rocky Branch The confluence with Little Tennessee River None +1,977 Macon County (Unincorporated Areas). Approximately 0.7 mile upstream of Nettie Riverbend Road (State Road 1337) None +1,996 Franklin
(Town)Maps available for inspection at the Franklin Town Hall, 188 West Main Street, Franklin, North Carolina. Send comments to The Honorable Joe Collins, Mayor of the Town of Franklin, 188 West Main Street, Franklin, North Carolina 28734. Macon County (Unincorporated Areas) Maps available for inspection at the Macon County Planning Department, Human Services Building, 5 West Main Street, Franklin, North Carolina. Send comments to Mr. Jack Horton, Macon County Manager, Courthouse Annex, 5 West Main Street, Franklin, North Carolina 28734. Dated: April 18, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-9271 Filed 4-30-08; 8:45 am] BILLING CODE 9110-12-P 73 85 Thursday, May 1, 2008 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2008-0025] Notice of Decision To Issue Permits for the Importation of Blueberries from Guatemala into the Continental United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. SUMMARY: We are advising the public of our decision to begin issuing permits for the importation into the continental United States of blueberries from Guatemala. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of blueberries from Guatemala. DATES: *Effective Date:* May 1, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Tony Román, Import Specialist, Commodity Import Analysis and Operation Staff, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;
(301)734-8758. SUPPLEMENTARY INFORMATION: Background Under the regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56 through 319.56-47, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into and spread within the United States. Section 319.56-4 of the regulations contains a performance-based process for approving the importation of commodities that, based on the findings of a pest risk analysis, can be safely imported subject to one or more of the designated phytosanitary measures listed in paragraph
(b)of that section. Under that process, APHIS publishes a notice in the **Federal Register** announcing the availability of the pest risk analysis that evaluates the risks associated with the importation of a particular fruit or vegetable. Following the close of the 60-day comment period, APHIS may begin issuing permits for importation of the fruit or vegetable subject to the identified designated measures if:
(1)No comments were received on the pest risk analysis;
(2)the comments on the pest risk analysis revealed that no changes to the pest risk analysis were necessary; or
(3)changes to the pest risk analysis were made in response to public comments, but the changes did not affect the overall conclusions of the analysis and the Administrator's determination of risk. In accordance with that process, we published a notice 1 in the **Federal Register** on February 7, 2008 (73 FR 7248-7249, Docket No. APHIS-2008-0025), in which we announced the availability, for review and comment, of a pest risk analysis that evaluates the risks associated with the importation into the continental United States of blueberries from Guatemala. We solicited comments on the notice for 60 days ending on April 7, 2008. We received five comments by that date, from a private citizen, a domestic blueberry industry association, a representative of the Guatemalan government, a Guatemalan exporters' association, and a Guatemalan blueberry grower. 1 To view the notice, the pest risk analysis, and the comment we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0025* . One commenter claimed that the risk assessment that APHIS conducted could not provide an accurate evaluation of the risk of pest introduction because blueberries are not currently grown in Guatemala. Therefore, APHIS is only speculating on which pests could be introduced through this trade, and this does not provide a sufficient basis on which to allow the importation of blueberries from Guatemala. As noted in the pest risk assessment, the first step in identifying quarantine pests that are likely to follow the pathway is to establish a comprehensive list of potential quarantine pests known to occur in the country or region from which the commodity is to be exported. The comprehensive pest list (table 5 in the pest risk assessment) lists all pests of *Vaccinium* spp. in Central America and South America for which we found evidence and the quarantine status of the pests with respect to the United States. While the amount of fruit produced and potentially imported into the United States from Guatemala does factor into our overall assessment of risk in terms of the likelihood of introduction of quarantine pests, it does not factor into identifying those quarantine pests that are likely to follow the pathway of imported fresh blueberry fruit. One commenter requested that all phytosanitary measures under consideration be harmonized between Guatemala and the United States. The commenter claimed that the phytosanitary restrictions imposed on U.S. exports by other countries are often more stringent than what the United States imposes on imports from other countries, and asserted that the phytosanitary regulations need to be equal between the two countries. Guatemala and the United States are both parties to the International Plant Protection Convention. As such, both countries have agreed to institute only phytosanitary measures that are technically justified, consistent with the pest risk involved, and represent the least restrictive measures available. Given that the conditions in the blueberry growing areas of Guatemala and the United States differ in many important respects—e.g., the Mediterranean fruit fly and South American fruit fly are present in Guatemala but not in the United States—it would not be appropriate or technically justifiable to apply the same phytosanitary measures to blueberries from the two countries. One commenter suggested that fumigation with methyl bromide at the port of arrival would be a good option, logistically and cost-wise, for exporters shipping small volumes of fruit to the continental United States from Guatemala and suggested that APHIS allow its use as an alternative to the cold treatment. The risk management document that we made available with our February 2008 notice only considered the use of cold treatment as a mitigation measure. We will, however, examine the evidence for the effectiveness of fumigation with methyl bromide as a means of removing the pests of concern from the pathway and would authorize its use for the treatment of blueberries from Guatemala if the evidence supports that action. After considering the comments discussed above, we have determined that no changes to the pest risk analysis are necessary. Therefore, in accordance with the regulations in § 319.56-4(c)(2)(ii), we are announcing our decision to begin issuing permits for the importation into the continental United States of blueberries from Guatemala subject to the following conditions: • The fruit must be cold treated for Mediterranean fruit fly and South American fruit fly using treatment schedule T107-a-1 in accordance with 7 CFR part 305. • Each shipment of fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Guatemala. • Each shipment is subject to inspection upon arrival in the United States. • The fruit must be a commercial consignment as defined in 7 CFR 319.56-2. These conditions will be listed in the fruits and vegetables manual (available at *http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf* ). In addition to these specific measures, the blueberries will be subject to the general requirements listed in § 319.56-3 that are applicable to the importation of all fruits and vegetables. Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Done in Washington, DC, this 28th day of April 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-9579 Filed 4-30-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. 2008-0010] Exemption for Retail Store Operations AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notice of Adjusted Dollar Limitations. SUMMARY: The Food Safety and Inspection Service
(FSIS)is announcing new dollar limitations on the amount of meat, meat food products, poultry, and poultry products that a retail store can sell to hotels, restaurants, and similar institutions without disqualifying itself for exemption from Federal inspection requirements. By reason of FSIS' regulations, for calendar year 2008 the dollar limitation is increased for meat and meat food products from $55,100 to $56,900 and for poultry products from $44,400 to $46,700. FSIS is changing the dollar limitations from calendar year 2007 based on price changes for these products evidenced by the Consumer Price Index. DATES: *Effective Date:* This notice is effective May 1, 2008. FOR FURTHER INFORMATION: Contact John O'Connell, Policy Issuances Division, Office of Policy and Program Development, FSIS, U.S. Department of Agriculture, Room 3532 South Building, 1400 Independence Avenue, SW., Washington, DC 20250-3700; telephone
(202)720-0345, fax
(202)690-0486. SUPPLEMENTARY INFORMATION: Background The Federal Meat Inspection Act (21 U.S.C. 601 *et seq.* ) and the Poultry Products Inspection Act (21 U.S.C. 451 *et seq.* ) provide a comprehensive statutory framework to ensure that meat, meat food products, poultry, and poultry products prepared for commerce are wholesome, not adulterated, and are properly labeled and packaged. 21 U.S.C. 661(c)(2) and 454(c)(2) also provide that the statutory provisions requiring inspection of the preparation or processing of meat, meat food, poultry, and poultry products do not apply to the types of operations traditionally and usually conducted at retail stores and restaurants when those operations are conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities. FSIS' regulations §§ 303.1(d) and 381.10(d) further address the conditions under which requirements for inspection do not apply to retail operations involving the preparation or processing of meat, meat food, poultry, and poultry products. Sales to Hotels, Restaurants, and Similar Institutions Under these regulations, sales to hotels, restaurants, and similar institutions (other than household consumers) disqualify a store for exemption if the product sales exceed either of two maximum limits: 25 percent of the dollar value of total product sales or the calendar year dollar limitation set by the Administrator. The dollar limitation is adjusted automatically during the first quarter of the year if the Consumer Price Index (CPI), published by the Bureau of Labor Statistics, indicates an increase or decrease of more than $500 in the price of the same volume of product for the previous year. FSIS publishes a notice of the adjusted dollar limitations in the **Federal Register** . (See 9 CFR 303.1(d)(2)(iii)( *b* ) and 381.10(d)(2)(iii)( *b* ).) The CPI for 2007 revealed an average annual price increase for meat and meat food products of 3.3 percent and for poultry products of 5.1 percent. When rounded off to the nearest $100, the price increase for meat and meat food products is $1,800, and the price increase for poultry products is $2,300. Because the price of meat and meat food products has increased by more than $500, and because the price of poultry products has increased by more than $500, FSIS is increasing the dollar limitation on sales to hotels, restaurants, and similar institutions from $55,100 to $56,900 for meat and meat food products and from $44,400 to $46,700 for poultry products for calendar year 2008, in accordance with §§ 303.1(d)(2)(iii)( *b* ) and 381.10 (d)(2)(iii)( *b* ) of the regulations. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities, are aware of this notice, FSIS will announce it on-line through the FSIS Web page located at *http://www.fsis.usda.gov/regulations/2008_Notices_Index/index.asp.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The Update also is available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an e-mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription./* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. Done at Washington, DC, on: April 28, 2008. Alfred V. Almanza, Administrator. [FR Doc. E8-9585 Filed 4-30-08; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Rural Utilities Service Georgia Transmission Corporation: Notice of Availability of an Environmental Assessment AGENCY: Rural Utilities Service, USDA. ACTION: Notice of Availability of an Environmental Assessment
(EA)for Public Review. SUMMARY: The Rural Utilities Service (RUS), an Agency delivering the United States Department of Agriculture
(USDA)Rural Development Utilities Programs, hereinafter referred to as Rural Development and/or the Agency, has prepared an Environmental Assessment
(EA)related to possible financial assistance to Georgia Transmission Corporation
(GTC)for the construction of approximately 38.7-miles of 500 kilovolt
(kV)transmission line that would connect Georgia Power Company's existing Thomson Primary 500/230/115/46 kV Substation to Georgia Power Company's existing Warthen 500 kV Switching Station. GTC is requesting Rural Development provide financial assistance for the proposed project located in McDuffie, Warthen, Glascock and Washington Counties, Georgia. DATES: Written comments on this notice must be received on or before June 2, 2008. ADDRESSES: To obtain copies of the EA, or for further information, contact: Stephanie Strength, Environmental Protection Specialist, USDA, Rural Development Utilities Programs, 1400 Independence Avenue, SW., Stop 1571, Washington, DC 20250-1571, phone
(202)720-0468, e-mail *stephanie.strength@wdc.usda.gov* or Gayle Houston, Environmental and Regulatory Coordinator, GTC, 2100 East Exchange Place, Tucker, Georgia 30084-5336, phone
(770)270-7748, e-mail *gayle.houston@gatrans.com.* A copy of the EA may be viewed online at the Agency's Web site: *http://www.usda.gov/rus/water/ees/ea.htm* and at the following locations: Jefferson Electric Membership Cooperative, Highway 17 North, Wrens, GA 30833,
(706)547-2167. Washington Electric Membership Corporation, 238 Harris Street, Sandersville, GA 31082,
(478)552-5552. Glascock County Public Library, 738 Railroad Avenue, Gibson, GA 30810, Phone: 706-598-9837. Harlem Library, 375 North Louisville Street, Harlem, GA 30814, Phone: 706-556-9795. Hancock County Library, 403 East Broad Street, Sparta, GA 31087, Phone: 706-444-5389. Rosa M. Tarbutton Memorial Library, 314 South Harris Street, Sandersville, GA 31082, Phone: 478-552-6324. Thomson McDuffie County Library, 338 Main Street, Thomson, GA 30824, Phone: 706-595-1341. Warren County Library, 101 Warren Street, Warrenton, GA 30828, Phone: 706-465-2656. SUPPLEMENTARY INFORMATION: GTC proposes to construct a 38.7-mile, 500 kV Transmission Line on a 150-foot right-of-way with structures 80 to 150-feet out-of-ground to distribute power to the Augusta, Georgia area. The preferred route is the alternative with the least impact to the environment and communities in the area. The preferred route begins at the existing Thomson 500/230/115/46 kV Substation located at the intersection of Randall-Davis Road and Davis Road in Thomson, GA and follows an existing 46 kV Transmission Line southwest for approximately one mile. The route then turns in a westerly direction for 36 miles, crossing the Little Ogeechee River. The route turns northwest and terminates at the existing Warthen Switching Station located at 1600 Mills Lindsay School Road, Warthen, Georgia. The EA concludes that the proposed Thomson-Warthen 500 kV Transmission Line would not have a significant impact on the human, cultural or natural environment. Rural Development has reviewed and accepted the document as its EA of the proposed project. The EA is available for public review at addresses provided above in this Notice. Written questions and comments should be sent to USDA Rural Development at the mailing or e-mail addresses provided above in this Notice. Rural Development should receive comments on the EA in writing by June 2, 2008 to ensure that they are considered in its environmental impact determination. Should USDA Rural Development determine, based on the EA of the proposed project, that the impacts of the construction and operation of the project would not have a significant environmental impact, it will prepare a Finding of No Significant Impact (FONSI). Public notification of a FONSI would be published in the **Federal Register** and in newspapers with circulation in the project area. Any final action by Rural Development related to the proposed project will be subject to, and contingent upon, compliance with all relevant Federal, state and local environmental laws and regulations, and completion of the environmental review requirements in Rural Development's Environmental Policies and Procedures (7 CFR Part 1794). Dated: April 22, 2008. Mark S. Plank, Director, Engineering and Environmental Staff, USDA/Rural Development/Utilities Programs. [FR Doc. E8-9580 Filed 4-30-08; 8:45 am] BILLING CODE 3410-15-P COMMISSION ON CIVIL RIGHTS Sunshine Act Notice Agency: United States Commission on Civil Rights. Action: Notice of meeting. Date and Time: Friday, May 9, 9:30 a.m. Place: U.S. Commission on Civil Rights, 624 Ninth Street, NW., Rm. 540, Washington, DC 20425. Meeting Agenda I. Approval of Agenda II. Approval of Minutes • March 7, 2008 Meeting III. Announcements IV. Staff Director's Report V. Management and Operations • Status of FY 2009 Budget Submission VI. Program Planning • Proposed Change to 2008 Briefing Schedule • 2010 Program Planning Proposals • Briefing Report on Voter Fraud and Voter Intimidation • Briefing Report on Racial Categorization in the Census • Briefing Report on the Educational Effectiveness of Historically Black Colleges and Universities VII. State Advisory Committee Issues • Florida SAC • Kentucky SAC • Wyoming SAC • Appointment to Texas SAC VIII. Future Agenda Items IX. Adjourn For Further Information Contact: Lenore Ostrowsky, Acting Chief, Public Affairs Unit
(202)376-8582. Dated: April 29, 2008. David Blackwood, General Counsel. [FR Doc. 08-1207 Filed 4-29-08; 1:57pm]
Connectionstraces to 6
10 references not yet in our index
  • 44 CFR 67
  • 44 CFR 67.4(a)
  • 44 CFR 60.3
  • 44 CFR 67.4
  • 7 CFR 319.56
  • 7 CFR 305
  • 7 CFR 319.56-2
  • 7 CFR 2.22
  • 9 CFR 303.1(d)(2)(iii)
  • 7 CFR 1794
Citation graph
cites case law
Proposed Rules
Proposed rule; correction
Cite44 CFR 67
Cite44 CFR 67.4(a)
Cite44 CFR 60.3
Cite44 CFR 67.4
Cite7 CFR 319.56
Cites 16 · showing 11Cited by 0 across 0 sources
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