[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Rules and Regulations]
[Pages 1149-1153]
[FR Doc No: 2013-00057]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2012-0792; FRL-9766-9]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Nevada;
Redesignation of Clark County to Attainment for the 1997 8-Hour Ozone
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve, as a revision of the
Nevada state implementation plan, the State's plan for maintaining the
1997 8-hour ozone standard in Clark County for ten years beyond
redesignation, and the related motor vehicle emissions budgets, because
they meet the applicable requirements for such plans and budgets. EPA
is also taking final action to approve a request from the Nevada
Division of Environmental Protection to redesignate the Clark County
ozone nonattainment area to attainment for the 1997 8-hour ozone
National Ambient Air Quality Standard because the area meets the
statutory requirements for redesignation under the Clean Air Act.

DATES: Effective Date: This rule is effective on February 7, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R09-OAR-2012-0792. Generally, documents in the docket for
this action are available electronically at www.regulations.gov and in
hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco,
California. While all documents in the docket are listed at
www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps), and
some may not be publicly available in either location (e.g.,
confidential business information or ``CBI''). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3964<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

Table of Contents

I. Summary of Proposed Action
    A. Determination That the Area Has Attained the Applicable NAAQS
    B. The Area Must Have a Fully Approved SIP Meeting Requirements
Applicable for Purposes of Redesignation Under Section 110 and Part
D
    C. The Area Must Show the Improvement in Air Quality Is Due to
Permanent and Enforceable Emissions Reductions
    D. The Area Must Have a Fully Approved Maintenance Plan Under
CAA Section 175A
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On November 13, 2012 (77 FR 67600), we proposed to take several
related actions. First, under Clean Air Act (CAA or ``Act'') section
110(k)(3), EPA proposed to approve a submittal from the Nevada Division
of Environmental Protection (NDEP) dated April 11, 2011 of Clark
County's Ozone Redesignation Request and Maintenance Plan (March 2011)
(``Clark County Ozone Maintenance Plan'' or ``Ozone Maintenance Plan'')
as a revision to the Nevada state implementation plan (SIP).
    In connection with the Clark County Ozone Maintenance Plan, EPA
proposed to find that the maintenance demonstration showing that the
area will continue to attain the 1997 8-hour ozone national ambient air
quality

standard (NAAQS or ``standard'') \1\ for 10 years beyond redesignation
(i.e., through 2022), and the contingency provisions describing the
actions that Clark County will take in the event of a future monitored
violation, meet all applicable requirements for maintenance plans and
related contingency provisions in CAA section 175A. EPA also proposed
to approve the motor vehicle emissions budgets (MVEBs) in the Clark
County Ozone Maintenance Plan because we found they met the applicable
transportation conformity requirements under 40 CFR 93.118(e).
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    \1\ The 1997 8-hour ozone standard is 0.08 parts per million
(ppm) averaged over an 8-hour time frame.
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    Second, under CAA section 107(d)(3)(D), EPA proposed to approve
NDEP's request that accompanied the submittal of the maintenance plan
to redesignate the Clark County 8-hour ozone nonattainment area \2\ to
attainment for the 1997 8-hour ozone NAAQS. We did so based on our
conclusion that the area has met the five criteria for redesignation
under CAA section 107(d)(3)(E). Our conclusion in this regard was based
on our determination that the area has attained the 1997 8-hour ozone
NAAQS, that relevant portions of the Nevada SIP are fully approved,
that the improvement in air quality is due to permanent and enforceable
reductions in emissions, that Nevada has met all requirements
applicable to the Clark County 8-hour ozone nonattainment area with
respect to section 110 and part D of the CAA, and based on our approval
as part of this action of the Clark County Ozone Maintenance Plan.
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    \2\ The boundaries of the Clark County ozone nonattainment area
are defined in 40 CFR 81.329. Specifically, the area is defined as:
``That portion of Clark County that lies in hydrographic areas 164A,
164B, 165, 166, 167, 212, 213, 214, 216, 217, and 218 but excluding
the Moapa River Indian Reservation and the Fort Mojave Indian
Reservation.'' The area includes a significant portion of the
unincorporated portions of central and southern Clark County, as
well as the cities of Las Vegas, Henderson, North Las Vegas, and
Boulder City.
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    For the purposes of this final rule, we have summarized the basis
for our findings in connection with the proposed approvals of the Ozone
Maintenance Plan and redesignation request. For a more detailed
explanation as well as background information concerning the 1997 8-
hour ozone NAAQS, the CAA requirements for redesignation, and the ozone
planning history of Clark County, please see our November 13, 2012
proposed rule.

A. Determination That the Area Has Attained the Applicable NAAQS

    Prior to redesignating an area to attainment, CAA section
107(d)(3)(E)(i) requires that we determine that the area has attained
the NAAQS. For our proposed rule, consistent with the requirements
contained in 40 CFR part 50, EPA reviewed the ozone ambient air
monitoring data for the monitoring period from 2009 through 2011, as
recorded in the EPA Air Quality System (AQS) database, and determined,
based on the complete, quality-assured data for 2009-2011, that the
Clark County 8-hour ozone nonattainment area has attained the 1997 8-
hour ozone standard because the design value \3\ is less than 0.084
ppm. We also reviewed preliminary data from 2012 and found that it was
consistent with continued attainment of the standard in the Clark
County 8-hour ozone nonattainment area. See pages 67602-67604 of our
November 13, 2012 proposed rule.
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    \3\ The design value for the 8-hour standard is the three-year
average of the annual fourth-highest daily maximum 8-hour ozone
concentration at the worst-case monitoring site in the area.
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B. The Area Must Have a Fully Approved SIP Meeting Requirements
Applicable for Purposes of Redesignation Under Section 110 and Part D

    Sections 107(d)(3)(E)(ii) and (v) of the CAA require EPA to
determine that the area has a fully approved applicable SIP under
section 110(k) that meets all applicable requirements under section 110
and part D for the purposes of redesignation. For the reasons
summarized below, we found that the Clark County 8-hour ozone
nonattainment area has a fully approved applicable SIP under section
110(k) that meets all applicable requirements under section 110 and
part D for the purposes of redesignation. See pages 67604-67607 of our
November 13, 2012 proposed rule.
    With respect to section 110 of the CAA (General SIP Requirements),
we concluded that NDEP and Clark County have met all SIP requirements
for Clark County applicable for purposes of redesignation. Our
conclusion in this regard was based on our review of the Clark County
portion of the Nevada SIP.
    With respect to part D (of title I of the CAA), we reviewed the
Clark County portion of the Nevada SIP for compliance with applicable
requirements under both subparts 1 and 2.\4\
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    \4\ Subpart 1 contains general, less prescriptive requirements
for all nonattainment areas of any pollutant, including ozone,
governed by a NAAQS. Subpart 2 contains additional, more specific
requirements for ozone nonattainment areas classified under subpart
2.
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    First, we noted that EPA previously determined that the Clark
County 8-hour ozone nonattainment area attained the 1997 8-hour ozone
NAAQS based on 2007-2009 ozone data (76 FR 17343, March 29, 2011), and
thereby suspended, under 40 CFR 51.918, the obligation on the State of
Nevada to submit an attainment demonstration and associated reasonably
available control measures (RACM), a reasonable further progress (RFP)
plan, contingency measures and other planning requirements related to
attainment of the 1997 8-hour ozone NAAQS. As such, we explained that
the State's compliance status with the attainment-related SIP
requirements under subpart 1 was not relevant for the purposes of
evaluating the State's redesignation request.
    As to the other applicable subpart 1 requirements, we found that:
     The emissions inventory requirements of CAA section
172(c)(3) would be met by our approval of the Clark County Ozone
Maintenance Plan and related emissions inventories for volatile organic
compounds (VOC) and oxides of nitrogen (NOX);
     A fully-approved nonattainment New Source Review (NSR)
program was not a prerequisite to redesignation in this instance
because the Clark County Ozone Maintenance Plan demonstrates
maintenance of the standard without implementation of nonattainment
NSR; moreover, after redesignation, sources under NDEP jurisdiction
would be subject to the federal PSD program and sources under Clark
County jurisdiction would be subject to an EPA-approved PSD program
that is deficient in certain respects but not in ways that would
interfere with maintenance of the ozone standard; and
     Clark County and the State previously met the requirements
for transportation conformity SIPs under section 176(c) (see EPA's
approval of Clark County's transportation conformity SIP at 73 FR
66182, November 7, 2008).\5\
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    \5\ In any event, EPA believes it is reasonable to interpret the
conformity requirements as not applicable for purposes of evaluating
a redesignation request under section 107(d)(3)(E). See Wall v. EPA,
265 F.3d 426, 439 (6th Cir. 2001) upholding this interpretation.
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    With respect to the requirements associated with subpart 2, we
noted that the Clark County 8-hour ozone nonattainment area was
initially designated nonattainment under subpart 1 of the CAA, but was
subsequently classified as marginal nonattainment for the 1997 8-hour
ozone standard under

subpart 2 of part D of the CAA in May 2012, i.e., after NDEP's
submittal of the redesignation request. Under EPA's longstanding policy
of evaluating requirements in accordance with the requirements due at
the time a redesignation request is submitted and in consideration of
the inequity of applying retroactively any requirements that might in
the future be applied, we determined that the requirements under
subpart 2 need not be addressed as a condition of redesignation.

C. The Area Must Show the Improvement in Air Quality Is Due to
Permanent and Enforceable Emissions Reductions

    Section 107(d)(3)(E)(iii) precludes redesignation of a
nonattainment area to attainment unless EPA determines that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollution control regulations and other
permanent and enforceable regulations. Based on our review of the
control measures credited in the Clark County Ozone Maintenance Plan as
providing the emissions reductions sufficient to attain the 1997 8-hour
ozone NAAQS in the Clark County 8-hour ozone nonattainment area through
the year 2022, and based on our consideration of other factors such as
weather patterns and economic activity, we found that the improvement
in air quality in the Clark County 8-hour ozone nonattainment area is
the result of permanent and enforceable emissions reductions from a
combination of Federal vehicle and fuel measures and EPA-approved State
and local control measures. See pages<PHONE_NUMBER>8 of our November 13,
2012 proposed rule.

D. The Area Must Have a Fully Approved Maintenance Plan Under CAA
Section 175A

    Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
As explained in the proposed rule, we interpret this section of the Act
to require, in general, the following core elements: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and contingency plan. Based on our review and
evaluation of the Ozone Maintenance Plan, we concluded that it
contained the core elements and met the requirements of CAA section
175A. See pages 67608-67613. Our conclusion was based on the following
findings:
     The base year emissions inventories for 2008 are
comprehensive, that the methods and assumptions used by Clark County
Department of Air Quality (DAQ) to develop the 2008 emission inventory
are reasonable, and that the inventories reasonably estimate actual
ozone season emissions in an attainment year. Moreover, we found that
the 2008 emissions inventories in the Ozone Maintenance Plan reflect
the latest planning assumptions and emissions models available at the
time the plan was developed, and provide a comprehensive and reasonably
accurate basis upon which to forecast ozone precursor emissions for
years 2015 and 2022;
     The projected VOC and NOX emissions estimates
adequately account for projected area-wide growth, specific projects
(including, among others, the Nellis Air Force Base F-35 beddown
project), and emissions reduction credits (ERCs), and show that VOC and
NOX emissions would remain well below the attainment levels
throughout the 10-year maintenance period and thereby adequately
demonstrate maintenance through that period;
     Clark County DAQ has committed to continue to operate the
air quality monitoring network to verify the continued attainment of
the 1997 8-hour ozone NAAQS ambient ozone monitoring; \6\
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    \6\ Although the Ozone Maintenance Plan is not explicit in this
regard, we presume that Clark County DAQ's intention to continue
operation of a monitoring network means that the agency intends to
do so consistent with EPA's monitoring requirements in 40 CFR part
58 (``Ambient Air Quality Surveillance'').
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     Clark County DAQ's commitment in the Ozone Maintenance
Plan to the continued operation of an ozone monitoring network and the
requirement that NDEP and Clark County DAQ must inventory emissions
sources and report to EPA on a periodic basis \7\ would be sufficient
for the purpose of verifying continued attainment; and
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    \7\ See 40 CFR part 51, subpart A (``Air Emissions Reporting
Requirements'').
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     The contingency provisions of the Ozone Maintenance Plan
clearly identify specific contingency measures, contain adequate
tracking and triggering mechanisms to determine when contingency
measures are needed, contain a sufficient description of the process of
recommending and implementing contingency measures, and contain
specific timelines for action, and would, therefore, be adequate to
ensure prompt correction of a violation and comply with the
contingency-related requirements under CAA section 175A(d).
    Lastly, we proposed to approve the motor vehicle emissions budgets
(MVEBs) contained in the Ozone Maintenance Plan because we found that
they meet the transportation conformity adequacy requirements under 40
CFR 93.118(e)(4) and (5). In so proposing, we found that, among other
things, the MVEBs, when considered with emissions from all other
sources, would be consistent with maintenance of the 1997 8-hour ozone
NAAQS in the Clark County 8-hour ozone nonattainment area.

II. Public Comments

    Our November 13, 2012 proposed rule provided for a 30-day comment
period. We received comment letters in support of our proposed action
from NDEP and the Washoe County Health District. In its comment letter,
NDEP also noted that approval of the redesignation request for the
Clark County 8-hour ozone nonattainment area will negate the need, that
had been identified in EPA's proposed limited approval and limited
disapproval of Clark County's revised NSR rules at 77 FR 43206, for a
revision to NDEP's nonattainment NSR provisions at this time. We
received no adverse comments in response to our November 13, 2012
proposed rule.

III. Final Action

    Under CAA sections 110(k)(3) and 107(d)(3)(D), and for the reasons
set forth in our proposed rule and summarized above, EPA is taking
final action to approve NDEP's submittal dated April 11, 2011 of Clark
County's Ozone Redesignation Request and Maintenance Plan (March 2011)
(``Clark County Ozone Maintenance Plan'') as a revision to the Nevada
SIP and to approve NDEP's request to redesignate the Clark County 8-
hour ozone nonattainment area to attainment for the 1997 8-hour ozone
NAAQS. In connection with the Clark County Ozone Maintenance Plan, EPA
finds that the maintenance demonstration showing that the area will
continue to attain the 1997 8-hour ozone NAAQS for 10 years beyond
redesignation (i.e., through 2022) and the contingency provisions
describing the actions that Clark County will take in the event of a
future monitored violation meet all applicable requirements for
maintenance plans and related contingency provisions in CAA section
175A. EPA is also approving the following motor vehicle emissions
budgets (MVEBs) from the Clark County Ozone Maintenance Plan for
transportation conformity purposes

because we find that they meet the applicable transportation conformity
requirements under 40 CFR 93.118(e):

------------------------------------------------------------------------
                                          VOC (tpd,         NOX (tpd,
             Budget year               average summer    average summer
                                          weekday)          weekday)
------------------------------------------------------------------------
2008                                             65.08             68.46
2015                                             45.32             34.69
2022                                             36.71             23.15
------------------------------------------------------------------------

    These new MVEBs become effective on the date of publication of this
final rule in the Federal Register (see 40 CFR 93.118(f)(2)) and must
be used by U.S. Department of Transportation (DOT) and the Regional
Transportation Commission of Southern Nevada (RTC) for future
transportation conformity determinations for Clark County. The existing
2008 VOC and NOX MVEBs from the Clark County Early Progress
Plan,\8\ which EPA found adequate in 2009, are replaced by these
budgets.
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    \8\ On July 28, 2008, NDEP submitted the 8-Hour Early Progress
Plan for Clark County, Nevada (June 2008) to EPA as a revision to
the Nevada SIP.
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    In connection with the redesignation request, EPA is taking final
action to approve the request because we find that the area has met the
five criteria for redesignation under CAA section 107(d)(3)(E).
Specifically, we find that the area has attained the 1997 8-hour ozone
NAAQS, that relevant portions of the Nevada SIP are fully approved,
that the improvement in air quality is due to permanent and enforceable
reductions in emissions, that Nevada has met all requirements
applicable to the Clark County 8-hour ozone nonattainment area with
respect to section 110 and part D of the CAA, and that the area has a
fully approved maintenance plan meeting the requirements of section
175A (i.e., the Clark County Ozone Maintenance Plan approved herein).

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment under section
107(d)(3)(E) and the accompanying approval of a maintenance plan under
section 175A are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those imposed by State law. Redesignation to attainment does not
in and of itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, these actions merely approve a State plan
and redesignation request as meeting Federal requirements and do not
impose additional requirements beyond those by State law. For these
reasons, these actions:
     Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law. Nonetheless, EPA
discussed the proposed action with the one Tribe, the Las Vegas Paiute
Tribe, located within the Clark County 8-hour ozone nonattainment area.
The Tribe has indicated that it concurs with the redesignation request.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 11, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: December 20, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart DD--Nevada

0
2. Section 52.1470 in paragraph (e), the table is amended by adding an
entry for ``Ozone Redesignation Request and

Maintenance Plan, Clark County, Nevada (March 2011)'' after the entry
for ``Emissions Inventory for 1995'' to read as follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
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                                        Applicable
      Name of SIP provision           geographic or          State       EPA approval date       Explanation
                                    nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
                             Air Quality Implementation Plan for the State of Nevada
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Ozone Redesignation Request and    Clark County,               4/11/11  [Insert Federal      Approval includes
 Maintenance Plan, Clark County,    Nevada: that                         Register page        appendices A, B,
 Nevada (March 2011).               portion of Clark                     number where the     and C. Relates to
                                    County that lies                     document begins] 1/  the 1997 8-hour
                                    in hydrographic                      8/13.                ozone standard.
                                    areas 164A, 164B,
                                    165, 166, 167,
                                    212, 213, 214,
                                    216, 217, and 218,
                                    but excluding the
                                    Moapa River Indian
                                    Reservation and
                                    the Fort Mohave
                                    Indian Reservation.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart C--[AMENDED]

0
4. Section 81.329 is amended in the table for ``Nevada--1997 8-Hour
Ozone NAAQS (Primary and Secondary)'' by revising the entry for ``Las
Vegas, NV'' to read as follows:

Sec.  81.329  Nevada.

* * * * *

                                         Nevada--1997 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                 Designation a                          Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date 1                 Type                 Date 1             Type
----------------------------------------------------------------------------------------------------------------
Las Vegas, NV: Clark County                 2/7/13  Attainment..............
 (part) That portion of Clark
 County that lies in
 hydrographic areas 164A, 164B,
 165, 166, 167, 212, 213, 214,
 216, 217, and 218, but
 excluding the Moapa River
 Indian Reservation and the Fort
 Mohave Indian Reservation\b\.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\b\ The use of reservation boundaries for this designation is for purposes of CAA planning only and is not
  intended to be a federal determination of the exact boundaries of the reservations. Nor does the specific
  listing of the Tribes in this table confer, deny, or withdraw Federal recognition of any of the Tribes listed
  or not listed.
\1\ This date is June 15, 2004 unless otherwise noted.

[FR Doc. 2013-00057 Filed 1-7-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Rules and Regulations]
[Pages 52979-52981]
[FR Doc No: 2018-22825]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0847]
RIN 1625-AA00

Safety Zone; Hornblower Fireworks Display; San Francisco Bay; San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of San Francisco Bay in support of the Hornblower
Fireworks Display on October 20, 2018. This safety zone is necessary to
protect personnel, vessels, and the marine environment from the dangers
associated with pyrotechnics. Unauthorized persons or vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port or their
designated representative.

DATES: This rule is effective from 11 a.m. to 10:10 p.m. on October 20,
2018.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-0847. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Mickey Price, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast Guard received notice of
this event on September 8, 2018, notice and comment procedures would be
impracticable in this instance.
    For similar reasons as those stated above, under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the Hornblower Fireworks Display on
October 20, 2018, will be a safety concern for anyone within a 100 foot
radius of the fireworks barge and anyone within a 420 foot radius of
the fireworks firing site. This rule is needed to protect spectators,
vessels, and other property from hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone during the loading,
staging, and transit of the fireworks barge, until after completion of
the fireworks display. During the loading and staging of the
pyrotechnics onto the fireworks barge, scheduled to take place from 11
a.m. to 8:30 p.m. on October 20, 2018, at Pier 50 in San Francisco, CA,
the safety zone will encompass the navigable waters around and under
the fireworks barge within a radius of 100 feet.
    The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 8:30 p.m. to 9
p.m. on October 20, 2018, where it will remain until the conclusion of
the fireworks display.
    At 9 p.m. on October 20, 2018, 30 minutes prior to the commencement
of the 10 minute fireworks display, the safety zone will increase in
size and encompass the navigable waters around and under the fireworks
barge within a radius of 420 feet in approximate position
37[deg]48'15'' N, 122[deg]23'27'' W (NAD 83) for the Hornblower
Fireworks Display. The safety zone shall terminate at 10:10 p.m. on
October 20, 2018.
    The effect of the temporary safety zone is to restrict navigation
in the vicinity of the fireworks loading, staging, transit, and firing
site. Except for persons or vessels authorized by the COTP or the
COTP's designated representative, no person or vessel may enter or
remain in the restricted areas. These regulations are needed to keep
spectators and vessels away from the immediate vicinity of the
fireworks firing sites to ensure the safety of participants,
spectators, and transiting vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant

regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance it is exempt from the requirements
of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will be notified via public Notice to Mariners
to ensure the safety zone will result in minimum impact. The entities
most likely to be affected are waterfront facilities, commercial
vessels, and pleasure craft engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the safety zone at times when this zone is being enforced.
This rule will not have a significant economic impact on a substantial
number of small entities for the following reasons: (i) This rule will
encompass only a small portion of the waterway for a limited period of
time, and (ii) the maritime public will be advised in advance of these
safety zones via Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone of limited size and duration. It is
categorically excluded from further review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T11-0847 to read as follows:

Sec.  165.T11-0847  Safety Zone; Hornblower Fireworks Display, San
Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: All navigable
waters of the San Francisco Bay within 100 feet of the fireworks barge
during loading and staging at Pier 50 in San Francisco, as well as
transit and arrival to San Francisco, CA. From 11 a.m. on October

20, 2018 until approximately 8:30 p.m. on October 20, 2018, the
fireworks barge will be loading and staging at Pier 50. The safety zone
will expand to all navigable waters around and under the firework barge
within a radius of 420 feet in approximate position 37[deg]48'15'' N,
122[deg]23'27'' W (NAD 83) 30 minutes prior to the start of the 10
minute fireworks display, scheduled to begin at 9:30 p.m. on October
20, 2018.
    (b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 11 a.m. on October 20, 2018 until
approximately 10:10 p.m. on October 20, 2018. The Captain of the Port
San Francisco (COTP) will notify the maritime community of periods
during which these zones will be enforced via Notice to Mariners in
accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or the COTP's
designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: October 16, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-22825 Filed 10-18-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73059-73060]
[FR Doc No: 2014-28741]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC15-44-000.
    Applicants: Blue Sky East, LLC, Canandaigua Power Partners, LLC,
Canandaigua Power Partners II, LLC, Erie Wind, LLC, Evergreen Gen Lead,

LLC, Evergreen Wind Power, LLC, Evergreen Wind Power III, LLC, First
Wind Energy Marketing, LLC, Longfellow Wind, LLC, Maine GenLead, LLC,
Milford Wind Corridor Phase I, LLC, Milford Wind Corridor Phase II,
LLC, Niagara Wind Power, LLC, Palouse Wind, LLC, Stetson Holdings, LLC,
Stetson Wind II, LLC, Vermont Wind, LLC, TerraForm Power, LLC,
SunEdison, Inc.
    Description: Application for Authorization of the First Wind
Applicants Under Section 203 of the Federal Power Act and Request for
Waivers, Confidential Treatment, Expedited Action and Shortened Comment
Period.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5133.
    Comments Due: 5 p.m. ET 12/23/14.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2822-007; ER14-2676-001; ER12-96-004; ER12-
422-004; ER12-308-005; ER12-2649-002; ER12-2109-003; ER12-2108-003;
ER12-2107-003; ER12-2106-003; ER12-2102-003; ER12-2101-003; ER12-2097-
003; ER12-2086-003; ER12-2084-003; ER12-2083-003; ER12-2081-003; ER12-
2078-003; ER12-2077-003; ER12-2076-003; ER11-2475-005; ER11-2474-007;
ER11-2473-005; ER11-2472-005; ER11-2471-005; ER11-2470-005; ER11-2469-
005; ER11-2468-005; ER11-2467-005; ER11-2466-005; ER11-2465-006; ER11-
2464-005; ER11-2463-005; ER11-2462-005; ER11-2196-006; ER11-2112-006;
ER10-3162-005; ER10-3161-005; ER10-3158-005; ER10-3031-002; ER10-3010-
002; ER10-3004-003; ER10-3002-002; ER10-3001-003; ER10-2994-011; ER10-
2942-004; ER10-2828-002; ER10-2822-007; ER10-2423-005; ER10-2404-005;
ER10-1725-002.
    Applicants: Atlantic Renewable Projects II LLC, Barton Windpower
LLC, Big Horn Wind Project LLC, Big Horn II Wind Project LLC, Blue
Creek Wind Farm LLC, Buffalo Ridge I LLC, Buffalo Ridge II LLC,
Casselman Windpower LLC, Colorado Green Holdings LLC, Dillon Wind LLC,
Elm Creek Wind, LLC, Elm Creek Wind II LLC, Farmers City Wind, LLC,
Flat Rock Windpower LLC, Flat Rock Windpower II LLC, Flying Cloud Power
Partners, LLC, Groton Wind, LLC, Hardscrabble Wind Power LLC, Hay
Canyon Wind LLC, Iberdrola Arizona Renewables, LLC, Iberdrola
Renewables, LLC, Juniper Canyon Wind Power LLC, Klamath Energy LLC,
Klamath Generation LLC, Klondike Wind Power LLC, Klondike Wind Power II
LLC, Klondike Wind Power III LLC, Leaning Juniper Wind Power II LLC,
Lempster Wind, LLC, Locust Ridge Wind Farm, LLC, Locust Ridge II, LLC,
Manzana Wind LLC, MinnDakota Wind LLC, Moraine Wind LLC, New England
Wind, LLC, Northern Iowa Windpower II LLC, Moraine Wind II LLC, Pebble
Springs Wind LLC, Providence Heights Wind, LLC, Rugby Wind LLC, San
Luis Solar LLC, Shiloh I Wind Project, LLC, South Chestnut LLC, Star
Point Wind Project LLC, Streator-Cayuga Ridge Wind Power LLC, Trimont
Wind I LLC, Twin Buttes Wind LLC, Elk River Windfarm, LLC, New Harvest
Wind Project LLC, Mountain View Power Partners III, LLC.
    Description: Notice of Change in Status of the Iberdrola MBR
Sellers.
    Filed Date: 12/1/14.
    Accession Number: 20141201-5305.
    Comments Due: 5 p.m. ET 12/22/14.

    Docket Numbers: ER10-3154-001.
    Applicants: Niagara Generation, LLC.
    Description: Notice of Change in Status of Niagara Generation, LLC.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5138.
    Comments Due: 5 p.m. ET 12/23/14.

    Docket Numbers: ER11-47-004; ER14-594-004; ER14-2477-001; ER14-
2476-001; ER14-2475-001; ER13-1896-006; ER12-2343-002; ER12-1544-002;
ER12-1542-002; ER12-1541-002; ER12-1540-002; ER11-46-007; ER11-41-004;
ER10-2981-004; ER10-2975-007.
    Applicants: Appalachian Power Company, Indiana Michigan Power
Company, Kentucky Power Company, Kingsport Power Company, Wheeling
Power Company, AEP Texas Central Company, AEP Texas North Company,
Public Service Company of Oklahoma, Southwestern Electric Power
Company, Ohio Power Company, AEP Energy Partners, Inc., CSW Energy
Services, Inc., AEP Retail Energy Partners LLC, AEP Energy, Inc., AEP
Generation Resources Inc.
    Description: Notice of Non-Material Change in status of the AEP MBR
affiliates.
    Filed Date: 12/1/14.
    Accession Number: 20141201-5304.
    Comments Due: 5 p.m. ET 12/22/14.

    Docket Numbers: ER15-554-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
12-02_PFP_YearOneChanges to be effective 1/1/2015.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5081.
    Comments Due: 5 p.m. ET 12/23/14.

    Docket Numbers: ER15-555-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Installed Capacity Requirements, Hydro-Quebec
Interconnection Capability Credits and Related Values for 2015/2016,
2016/2017 and 2017/2018 Annual Reconfiguration Auctions of ISO New
England, Inc.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5087.
    Comments Due: 5 p.m. ET 12/23/14.

    Docket Numbers: ER15-556-000.
    Applicants: Direct Energy Small Business, LLC
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Normal
3.0 to be effective 12/3/2014.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5100.
    Comments Due: 5 p.m. ET 12/23/14.

    Docket Numbers: ER15-557-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Filing
of a Joint Use Pole Agreement to be effective 2/2/2015.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5107.
    Comments Due: 5 p.m. ET 12/23/14.

    Docket Numbers: ER15-558-000.
    Applicants: Direct Energy Business Marketing, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Normal
2.0 to be effective 12/3/2014.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5118.
    Comments Due: 5 p.m. ET 12/23/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 2, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-28741 Filed 12-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Notices]
[Page 65800]
[FR Doc No: 2020-22931]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9053-4]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed October 5, 2020 10 a.m. EST Through October 9, 2020 10 a.m. EST
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20200202, Final, GSA, AZ, Expansion and Modernization of the
San Luis I Land Port of Entry, Review Period Ends: 11/16/2020, Contact:
Osmahn A. Kadri<PHONE_NUMBER>
EIS No. 20200203, Draft, USAF, VA, Fifth Generation Formal Training
Unit Optimization, Comment Period Ends: 11/30/2020, Contact: Nolan
Swick<PHONE_NUMBER>
EIS No. 20200204, Final, BIA, OK, Osage County Oil and Gas, Review
Period Ends: 11/16/2020, Contact: Mosby Halterman<PHONE_NUMBER>
EIS No. 20200205, Second Draft Supplemental, USACE, MS, Draft
Supplement No. 2 to the Final Supplement No. 1 to the 1982 Yazoo Area
Pump Project Final Environmental Impact Statement, Comment Period Ends:
11/30/2020, Contact: Kenneth Parrish<PHONE_NUMBER>

    Dated: October 13, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2020-22931 Filed 10-15-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Notices]
[Pages 43252-43254]
[FR Doc No: 2020-15368]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, 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.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

----------------------------------------------------------------------------------------------------------------
                                               Chief executive
      State and county          Location and      officer of     Community map         Date of        Community
                                  case No.        community        repository       modification         No.
----------------------------------------------------------------------------------------------------------------
Colorado:
    Larimer (FEMA Docket      City of Fort     The Honorable    Utilities        Jun. 15, 2020.....       080102
     No.: B-2021).             Collins (19-08-  Wade Troxell     Department,
                               0751P).          Mayor, City of   700 Wood
                                                Fort Collins,    Street, Fort
                                                P.O. Box 580,    Collins, CO
                                                Fort Collins,    80522.
                                                CO 80522.
    Larimer (FEMA Docket      Unincorporated   The Honorable    Larimer County   Jun. 15, 2020.....       080101
     No.: B-2021).             areas of         Steve Johnson,   Engineering
                               Larimer County   Chairman,        Department,
                               (19-08-0751P).   Larimer County   200 West Oak
                                                Board of         Street, 3rd
                                                Commissioners,   Floor, Fort
                                                200 West Oak     Collins, CO
                                                Street, Fort     80521.
                                                Collins, CO
                                                80521.
Florida:
    Monroe (FEMA Docket No.:  Village of       The Honorable    Building         Jun. 18, 2020.....       120424
     B-2021).                  Islamorada (20-  Mike Forster,    Department,
                               04-0572P).       Mayor, Village   86800 Overseas
                                                of Islamorada,   Highway,
                                                86800 Overseas   Islamorada, FL
                                                Highway,         33036.
                                                Islamorada, FL
                                                33036.
    Orange (FEMA Docket No.:  City of Orlando  The Honorable    City Hall, 400   Jun. 17, 2020.....       120186
     B-2021).                  (19-04-3438P).   Buddy Dyer,      South Orange
                                                Mayor, City of   Avenue,
                                                Orlando, 400     Orlando, FL
                                                South Orange     32801.
                                                Avenue,
                                                Orlando, FL
                                                32801.
    Volusia (FEMA Docket      City of New      The Honorable    Engineering      Jun. 26, 2020.....       125132
     No.: B-2021).             Smyrna Beach     Russ Owen,       Department,
                               (19-04-6280P).   Mayor, City of   2650 North
                                                New Smyrna       Dixie Freeway,
                                                Beach, 210       New Smyrna
                                                Sams Avenue,     Beach, FL
                                                New Smyrna       32168.
                                                Beach, FL
                                                32168.
Georgia: Bryan (FEMA Docket   Unincorporated   Mr. Carter       Bryan County     Jun. 19, 2020.....       130016
 No.: B-2021).                 areas of Bryan   Infinger,        Department of
                               County (19-04-   Chairman,        Community
                               3361P).          Bryan County     Development,
                                                Board of         66 Captain
                                                Commissioners,   Matthew
                                                P.O. Box 430,    Freeman Drive,
                                                Pembroke, GA     Suite 201,
                                                31321.           Richmond Hill.
                                                                 GA 31324.
Montana:
    Butte-Silver Bow (FEMA    Unincorporated   The Honorable    Butte-Silver     Jun. 25, 2020.....       300077
     Docket No.: B-2021).      areas of Butte-  Dave Palmer,     Bow County
                               Silver Bow       Chief            Planning
                               County (19-08-   Executive,       Department,
                               0805P).          Butte-Silver     155 West
                                                Bow County,      Granite
                                                155 West         Street, Room
                                                Granite          108, Butte, MT
                                                Street, Room     59701.
                                                106, Butte, MT
                                                59701.
    Gallatin (FEMA Docket     City of Bozeman  Mr. Dennis M.    City Hall, 20    Jun. 22, 2020.....       300028
     No.: B-2021).             (19-08-0850P).   Taylor, City     East Olive
                                                of Bozeman       Street,
                                                Manager, P.O.    Bozeman, MT
                                                Box 1230,        59715.
                                                Bozeman, MT
                                                59771.
    Gallatin Montana:         Unincorporated   The Honorable    Gallatin County  Jun. 22, 2020.....       300027
     Gallatin (FEMA Docket     areas of         Joe P.           Department of
     No.: B-2021).             Gallatin         Skinner,         Planning and
                               County (19-08-   Chairman,        Community
                               0850P).          Gallatin         Development,
                                                County           311 West Main
                                                Commission,      Street, Room
                                                311 West Main    108, Bozeman,
                                                Street, Room     MT 59715.
                                                306, Bozeman,
                                                MT 59715.
North Dakota: Cass (FEMA      City of Fargo    The Honorable    City Hall, 225   Jun. 9, 2020......       385364
 Docket No.: B-2021).          (19-08-0515P).   Tim Mahoney,     4th Street
                                                Mayor, City of   North, Fargo,
                                                Fargo, 225 4th   ND 58102.
                                                Street North,
                                                Fargo, ND
                                                58102.
Oklahoma: Tulsa (FEMA Docket  City of Tulsa    The Honorable    Development      Jun. 25, 2020.....       405381
 No.: B-2023).                 (19-06-3205P).   G.T. Bynum,      Services
                                                Mayor, City of   Department,
                                                Tulsa, 175       175 East 2nd
                                                East 2nd         Street, Suite
                                                Street, Tulsa,   450, Tulsa, OK
                                                OK 74103.        74103.
Pennsylvania:
    Lancaster (FEMA Docket    Township of      The Honorable    Township Hall,   Jun. 23, 2020.....       420548
     No.: B-2021).             East Hempfield   H. Scott         1700 Nissley
                               (19-03-0983P).   Russell,         Road,
                                                Chairman,        Landisville,
                                                Township of      PA 17538.
                                                East Hempfield
                                                Board of
                                                Supervisors,
                                                1700 Nissley
                                                Road,
                                                Landisville,
                                                PA 17538.
    Montgomery (FEMA Docket   Township of      The Honorable    Township Hall,   Jun. 23, 2020.....       420712
     No.: B-2021).             Whitemarsh (19-  Laura Boyle-     616 Germantown
                               03-1803P).       Nester, Chair,   Pike,
                                                Township of      Lafayette
                                                Whitemarsh       Hill, PA 19444.
                                                Board of
                                                Supervisors,
                                                616 Germantown
                                                Pike,
                                                Lafayette
                                                Hill, PA 19444.
South Carolina: Georgetown    Unincorporated   Mr. Sel          Georgetown       Jun. 11, 2020.....       450085
 (FEMA Docket No.: B-2021).    areas of         Hemingway,       County
                               Georgetown       Georgetown       Building
                               County (19-04-   County           Department,
                               6539P).          Administrator,   129 Screven
                                                716 Prince       Street,
                                                Street,          Georgetown, SC
                                                Georgetown, SC   29440.
                                                29440.
Tennessee:
    Shelby (FEMA Docket No.:  Town of          The Honorable    Department of    May 8, 2020.......       470263
     B-2023).                  Collierville     Stan Joyner,     Public
                               (18-04-7494P).   Jr., Mayor,      Services, 500
                                                Town of          Keough Road,
                                                Collierville,    Collierville,
                                                500 Poplar       TN 38017.
                                                View Parkway,
                                                Collierville,
                                                TN 38017.
    Shelby (FEMA Docket No.:  Unincorporated   The Honorable    Shelby County    May 8, 2020.......       470214
     B-2023).                  areas of         Lee Harris,      Department of
                               Shelby County    Mayor, Shelby    Engineering,
                               (18-04-7494P).   County, 160      6463 Haley
                                                North Main       Road, Memphis,
                                                Street,          TN 38134.
                                                Memphis, TN
                                                38103.
Texas:
    Bell (FEMA Docket No.: B- City of Harker   The Honorable    Building and     Jun. 17, 2020.....       480029
     2023).                    Heights (18-06-  Spencer H.       Permits
                               3437P).          Smith, Mayor,    Department,
                                                City of Harker   305 Millers
                                                Heights, 305     Crossing,
                                                Millers          Harker
                                                Crossing,        Heights, TX
                                                Harker           76548.
                                                Heights, TX
                                                76548.
    Bexar (FEMA Docket No.:   City of San      The Honorable    Transportation   Jun. 22, 2020.....       480045
     B-2023).                  Antonio (19-06-  Ron Nirenberg,   and Capitol
                               1390P).          Mayor, City of   Improvements
                                                San Antonio,     Department,
                                                P.O. Box         Storm Water
                                                839966, San      Division, 114
                                                Antonio, TX      West Commerce
                                                78283.           Street, 7th
                                                                 Floor, San
                                                                 Antonio, TX
                                                                 78205.
    Bexar (FEMA Docket No.:   Unincorporated   The Honorable    Bexar County     Jun. 15, 2020.....       480035
     B-2023).                  areas of Bexar   Nelson W.        Public Works
                               County (19-06-   Wolff, Bexar     Department,
                               3386P).          County Judge,    1948 Probandt
                                                101 West Nueva   Street, San
                                                Street, 10th     Antonio, TX
                                                Floor, San       78214.
                                                Antonio, TX
                                                78205.
    El Paso (FEMA Docket      City of El Paso  Mr. Tommy        Development      Jun. 16, 2020.....       480214
     No.: B-2023).             (19-06-2053P).   Gonzalez,        Department,
                                                Manager, City    801 Texas
                                                of El Paso,      Avenue, El
                                                300 North        Paso, TX 79901.
                                                Campbell
                                                Street, El
                                                Paso, TX 79901.

    El Paso (FEMA Docket      Unincorporated   The Honorable    El Paso County   Jun. 16, 2020.....       480212
     No.: B-2023).             areas of El      Ricardo A.       Public Works
                               Paso County      Samaniego, El    Department,
                               (19-06-2053P).   Paso County      800 East
                                                Judge, 500       Overland
                                                East San         Avenue, Suite
                                                Antonio          200, El Paso,
                                                Street, Suite    TX 79901.
                                                301, El Paso,
                                                TX 79901.
    Kendall (FEMA Docket      Unincorporated   The Honorable    Kendall County   Jun. 24, 2020.....       480417
     No.: B-2023).             areas of         Darrel L. Lux,   Engineering
                               Kendall County   Kendall County   Department,
                               (19-06-2192P).   Judge, 201       201 East San
                                                East San         Antonio
                                                Antonio          Avenue, Suite
                                                Avenue, Suite    101, Boerne,
                                                122, Boerne,     TX 78006.
                                                TX 78006.
    Tarrant (FEMA Docket      City of Fort     The Honorable    Transportation   Jun. 18, 2020.....       480596
     No.: B-2021).             Worth (19-06-    Betsy Price,     and Public
                               3049P).          Mayor, City of   Works,
                                                Fort Worth,      Engineering
                                                200 Texas        Department,
                                                Street, Fort     200 Texas
                                                Worth, TX        Street, Fort
                                                76102.           Worth, TX
                                                                 76102.
    Travis (FEMA Docket No.:  City of Austin   The Honorable    Watershed        Jun. 29, 2020.....       480624
     B-2021).                  (19-06-1200P).   Stephen Adler,   Protection
                                                Mayor, City of   Department,
                                                Austin, P.O.     505 Barton
                                                Box 1088,        Springs Road,
                                                Austin, TX       12th Floor,
                                                78767.           Austin, TX
                                                                 78704.
Virginia: Prince William      Unincorporated   Mr. Christopher  Prince William   Jun. 18, 2020.....       510119
 (FEMA Docket No.: B-2021).    areas of         E. Martino,      County
                               Prince William   Prince William   Department of
                               County (19-03-   County           Public Works,
                               0954P).          Executive, 1     5 County
                                                County Complex   Complex Court,
                                                Court, Prince    Prince
                                                William, VA      William, VA
                                                22192.           22192.
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[FR Doc. 2020-15368 Filed 7-15-20; 8:45 am]
BILLING CODE 9110-12-P