[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Rules and Regulations]
[Page 22699-22706]
[DOCID:fr30ap10-7]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection

at the office of the Chief Executive Officer of each community. The
respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

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                                                                      *Elevation in
                                                                       feet (NGVD)
                                                                      +Elevation in
                                                                       feet (NAVD)
           Flooding source(s)              Location of referenced   Depth in    Communities  affected
                                                 elevation          feet above ground
                                                                     [caret]Elevation
                                                                     in meters (MSL)
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                  Lamar County, Alabama, and Incorporated Areas
                                             Docket No.: FEMA-B-1041
----------------------------------------------------------------------------------------------------------------
Driver Creek...........................  Approximately 3,318 feet                +261  Unincorporated Areas of
                                          upstream of the                               Lamar County.
                                          confluence with
                                          Luxapallila Creek.
                                         Approximately 3,810 feet                +265
                                          upstream of the
                                          confluence with
                                          Luxapallila Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                      Unincorporated Areas of Lamar County
Maps are available for inspection at 44690 Highway 17, Vernon, AL 35592.
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                                 Madison County, Florida, and Incorporated Areas
                                             Docket No.: FEMA-B-1017
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Norton Creek...........................  Approximately 2.1 miles                  +69  Town of Lee,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with the                           Madison County.
                                          Withlacoochee River.
                                         Approximately 0.1 mile                   +91
                                          upstream of County Road
                                          53.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

Town of Lee
Maps are available for inspection at the Town Hall, 286 Northeast County Road 255, Lee, FL 32059.

                                     Unincorporated Areas of Madison County
Maps are available for inspection at the Madison County Annex Building, 229 Southwest Pinckney Street, Suite
 219, Madison, FL 32340.
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                                  Jackson County, Michigan (All Jurisdictions)
                                             Docket No.: FEMA-B-1007
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Grand River............................  At the downstream side of               +909  Township of Rives.
                                          Maple Grove Road.
                                         Approximately 0.5 mile                  +910
                                          upstream of Maple Grove
                                          Road.
Grand River............................  At the upstream side of                 +935  City of Jackson, Township
                                          High Street.                                  of Leoni, Township of
                                                                                Napoleon, Township of
                                                                                Summit.
                                         Approximately 1,400 feet                +942
                                          upstream of Porbert Road.
North Branch Grand River...............  At the confluence with                  +935  Township of Leoni.
                                          the Grand River.
                                         At the downstream side of               +936
                                          5th Street.
North Branch Kalamazoo River...........  Approximately 0.6 mile                  +988  Township of Concord.
                                          upstream of North Main
                                          Street.
                                         Approximately 1 mile                    +988
                                          upstream of North Main
                                          Street.
Vineyard Lake..........................  Entire shoreline.........               +970  Township of Norvell,
                                                                                Township of Columbia.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Jackson
Maps are available for inspection at 161 West Michigan Avenue, Jackson, MI 49201.

Township of Columbia
Maps are available for inspection at 8500 Jefferson Road, Brooklyn, MI 49230.

Township of Concord
Maps are available for inspection at 402 South Main Street, Concord, MI 49237.

Township of Leoni
Maps are available for inspection at 913 5th Street, Michigan Center, MI 49254.

Township of Napoleon
Maps are available for inspection at 6755 Brooklyn Road, Napoleon, MI 49261.

Township of Norvell
Maps are available for inspection at 106 East Commercial Street, Norvell, MI 49263.

Township of Rives
Maps are available for inspection at 106 Main Street, Jackson, MI 49201.

Township of Summit
Maps are available for inspection at 2121 Ferguson Road, Jackson, MI 49201.
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                                 St. Clair County, Michigan (All Jurisdictions)
                                             Docket No.: FEMA-B-1016
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Beaubien Creek.........................  At the confluence with                  +579  Township of Clay,
                                          Lake St. Clair.                               Township of
                                                                                Cottrellville, Township
                                                                                of Ira.
                                         At the upstream side of                 +579
                                          Mayer Road.
Belle River............................  At the confluence with                  +581  City of Marine City, City
                                          the St. Clair River.                          of Marysville.
                                         Approximately 475 feet                  +581
                                          upstream of Broadway
                                          Street.
Belle River............................  At the upstream side of                 +699  Township of Riley.
                                          Bordman Road.
                                         Approximately 550 feet                  +701
                                          upstream of Bordman Road.
Black River............................  At the confluence with                  +583  City of Port Huron.
                                          the St. Clair River.
                                         At the upstream side of                 +583
                                          7th Street.
Lake Huron.............................  Entire shoreline.........               +584  Township of Burtchville.
Lake St. Clair.........................  Entire shoreline.........               +579  Township of Clay,
                                                                                Township of Ira.
Lester Bammel Drain....................  At the confluence with                  +581  Township of
                                          the St. Clair River.                          Cottrellville.
                                         Approximately 175 feet                  +581
                                          downstream of Paradise
                                          Boulevard.
Marine City Drain......................  At the confluence with                  +580  Township of Clay, City of
                                          the St. Clair River.                          Algonac.
                                         At the boundary with                    +580
                                          Algonac State Park.
Meldrum Creek..........................  At the confluence with                  +579  Township of Ira.
                                          Swan Creek.
                                         Approximately 1,500 feet                +579
                                          upstream of the
                                          confluence with Swan
                                          Creek.
Middle Channel St. Clair River.........  At the confluence with                  +579  Township of Clay.
                                          Lake St. Clair.

                                         At the diversion from                   +579
                                          North Channel St. Clair
                                          River.
North Channel St. Clair River..........  At the confluence with                  +579  Township of Clay, City of
                                          Lake St. Clair.                               Algonac.
                                         At the diversion from                   +580
                                          South Channel St. Clair
                                          River.
Pine River.............................  At the confluence with                  +582  City of St. Clair.
                                          the St. Clair River.
                                         Approximately 0.3 mile                  +582
                                          upstream of South
                                          Riverside Avenue.
Robbins Drain..........................  At the confluence with                  +580  Township of
                                          the St. Clair River.                          Cottrellville.
                                         Approximately 500 feet                  +580
                                          downstream of Nautical
                                          Lane.
Robbins Drain Outlet...................  At the confluence with                  +581  Township of
                                          the St. Clair River.                          Cottrellville.
                                         At the confluence with                  +581
                                          Robbins Drain.
South Channel/St. Clair River..........  At the confluence with                  +579  City of Algonac, City of
                                          Lake St. Clair.                               Marine City, City of
                                                                                Marysville, City of Port
                                                                                Huron, City of St.
                                                                                Clair, Township of Clay,
                                                                                Township of
                                                                                Cottrellville, Township
                                                                                of East China, Township
                                                                                of St. Clair.
                                         At Dunn Paper Gage.......               +584
Swan Creek.............................  At the confluence with                  +579  Township of Casco,
                                          Lake St. Clair.                               Township of Ira.
                                         At the downstream side of               +590
                                          Arnold Road.
                                         At the downstream side of               +603
                                          Marine City Highway.
                                         At the upstream side of                 +603
                                          Marine City Highway.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Algonac
Maps are available for inspection at 805 St. Clair Drive, Algonac, MI 48001.

City of Marine City
Maps are available for inspection at 303 South Water Street, Marine City, MI 48039.

City of Marysville
Maps are available for inspection at 1111 Delaware Avenue, Marysville, MI 48040.

City of Port Huron
Maps are available for inspection at 100 McMorran Boulevard, Port Huron, MI 48060.

City of St. Clair
Maps are available for inspection at 547 North Carney Drive, St. Clair, MI 48079.

Township of Burtchville
Maps are available for inspection at 4000 Burtch Road, Lakeport, MI 48059.

Township of Casco
Maps are available for inspection at 4512 Meldrum Road, Casco, MI 48064.

Township of Clay
Maps are available for inspection at 4710 Pointe Tremble Road, Algonac, MI 48001.

Township of Cottrellville
Maps are available for inspection at 7008 Marsh Road, Cottrellville, MI 48039.

Township of East China
Maps are available for inspection at 5111 River Road, East China, MI 48054.

Township of Ira
Maps are available for inspection at 7085 Meldrum Road, Fair Haven, MI 48023.

Township of Riley
Maps are available for inspection at 13042 Belle River Road, Riley, MI 48041.

Township of St. Clair
Maps are available for inspection at 1539 South Bartlett Road, St. Clair, MI 48079.
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                                McDonald County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1043
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Beaver Branch..........................  Just downstream of Main                 +884  City of Anderson,
                                          Street.                                       Unincorporated Areas of
                                                                                McDonald County.

                                         Approximately 1.14 mile                 +931
                                          upstream of Sellers
                                          Street.
Indian Creek...........................  Approximately 1.15 mile                 +868  City of Anderson,
                                          downstream of the                             Unincorporated Areas of
                                          confluence with Wild                          McDonald County.
                                          Creek.
                                         Approximately 2.79 miles                +923
                                          upstream of U.S. Route
                                          71.
Sugar Tree Branch......................  Just downstream of East                 +888  City of Anderson,
                                          Street.                                       Unincorporated Areas of
                                                                                McDonald County.
                                         Approximately 1,785 feet                +948
                                          upstream of Missouri
                                          Route F.
Wild Creek.............................  Approximately 700 feet                  +878  City of Anderson,
                                          downstream of Missouri                        Unincorporated Areas of
                                          Route 59.                                     McDonald County.
                                         Approximately 410 feet                 +1002
                                          upstream of Missouri
                                          Route 76.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Anderson
Maps are available for inspection at 201 West Beaver Street, Anderson, MO 64831.

                                     Unincorporated Aeas of McDonald County
Maps are available for inspection at 602 Main Street, Pineville, MO 64856.
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                                Douglas County, Nebraska, and Incorporated Areas
                                             Docket No.: FEMA-B-7759
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Hell Creek.............................  Approximately 50 feet                  +1052  Village of Boystown, City
                                          upstream of Harrison                          of Omaha.
                                          Street.
                                         At I Street..............              +1098
                                         Just upstream of Pacific               +1166
                                          Street.
North Branch West Papillion Creek......  Approximately 250 feet                 +1117  Unincorporated Areas of
                                          upstream of Blondo                            Douglas County, City of
                                          Street.                                       Omaha
                                         At Ida Street............              +1165
                                         At North 186th Street....              +1191
West Papillion Creek...................  Approximately 1,200 feet               +1045  City of Omaha.
                                          upstream of I-80.
                                         At U.S. Route 6 (West                  +1106
                                          Dodge Road).
                                         At Nebraska Highway 64                 +1182
                                          (West Maple Road).
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Omaha
Maps are available for inspection at City Hall, 1819 Farnam Street, Omaha, NE 68183.

                                     Unincorporated Areas of Douglas County
Maps are available for inspection at the Douglas County Courthouse, 3015 Menke Circle, Omaha, NE 68134.

Village of Boystown
Maps are available for inspection at Village of Boys Town, 14100 Crawford Street, Boys Town, NE 68010.
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                                 Sarpy County, Nebraska, and Incorporated Areas
                                             Docket No.: FEMA-B-7759
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Hell Creek.............................  Approximately 100 feet                 +1038  City of La Vista.
                                          downstream of Burlington
                                          Northern Santa Fe
                                          Railroad.
                                         Approximately 150 feet                 +1039
                                          upstream of Burlington
                                          Northern Santa Fe
                                          Railroad.
                                         Approximately 50 feet                  +1049
                                          downstream of Harrison
                                          Street.
Midland Creek..........................  Approximately 700 feet                 +1011  City of Papillion,
                                          downstream of Cedarville                      Unincorporated Areas of
                                          Drive.                                        Sarpy County.
                                         Approximately 450 feet                 +1018
                                          downstream of Nebraska
                                          Highway 370.

South Papillion Creek..................  Approximately 300 feet                 +1036  City of Papillion, City
                                          upstream of Giles Street.                     of La Vista.
                                         At South 168th Street....              +1100
                                         Approximately 300 feet                 +1177
                                          upstream of South 204th
                                          Street.
Unnamed Tributary of South Papillion     Approximately 1,000 feet               +1042  Unincorporated Areas of
 Creek.                                   upstream of the                               Sarpy County, City of La
                                          confluence with South                         Vista, City of
                                          Papillion Creek.                              Papillion.
                                         At Cornhuskers Road......              +1056
                                         At Nebraska Highway 370..              +1104
Walnut Creek...........................  At West Lincoln Street...              +1023  City of Papillion.
                                         Approximately 150 feet                 +1043
                                          upstream of Nebraska
                                          Highway 370.
West Papillion Creek (with levees).....  Just downstream of South                +999  City of Bellevue, City of
                                          48th Street.                                  La Vista, City of
                                                                                Papillion.
                                         Just upstream of South                 +1007
                                          66th Street.
                                         At I-80..................              +1043
West Papillion Creek (without left       Just downstream of South                +999  City of Bellevue, City of
 levee).                                  48th Street.                                  La Vista, City of
                                                                                Papillion.
                                         Just upstream of South                 +1008
                                          66th Street.
                                         Just upstream of                       +1015
                                          Washington Street.
West Papillion Creek (without right      Just downstream of South                +999  City of Bellevue, City of
 levee).                                  48th Street.                                  La Vista, City of
                                                                                Papillion.
                                         Just upstream of South                 +1008
                                          66th Street.
                                         Just upstream of                       +1014
                                          Washington Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Bellevue
Maps are available for inspection at 210 West Mission Avenue, Bellevue, NE 68005.

City of La Vista
Maps are available for inspection at 8116 Park View Boulevard, La Vista, NE 68128.

City of Papillion
Maps are available for inspection at 122 East 3rd Street, Papillion, NE 68046.

                                      Unincorporated Areas of Sarpy County
Maps are available for inspection at the Sarpy County Courthouse, 1210 Golden Gate Drive, Papillion, NE 68046
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                                     Clinton County, Ohio, and Incorporated
                                          Areas Docket No.: FEMA-B-1022
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Lytle Creek............................  Approximately 500 feet                 +1007  City of Wilmington.
                                          upstream of railroad.
                                         Approximately 20 feet                  +1020
                                          upstream of 4C
                                          Bicentennial Trail.
Lytle Creek............................  Approximately 1,700 feet                +966  Unincorporated Areas of
                                          downstream of Nelson                          Clinton County.
                                          Avenue.
                                         Approximately 1,000 feet                +971
                                          downstream of Nelson
                                          Avenue.
                                         Approximately 20 feet                  +1020
                                          upstream of 4C
                                          Bicentennial Trail.
                                         Approximately 800 feet                 +1021
                                          upstream of 4C
                                          Bicentennial Trail.
Mary's Fork............................  Just upstream of CSX                   +1043  Unincorporated Areas of
                                          Conrail.                                      Clinton County.
                                         Just downstream of Howard              +1046
                                          Street.
Stonelick Creek........................  Approximately 1,600 feet                +956  Unincorporated Areas of
                                          downstream of State                           Clinton County.
                                          Highway 123.
                                         Approximately 1,200 feet                +957
                                          downstream of State
                                          Highway 123.
Stonelick Creek........................  Approximately 3,400 feet                +971  Village of Blanchester.
                                          downstream of Westboro
                                          Road.
                                         Approximately 2,000 feet                +974
                                          downstream of Westboro
                                          Road.
                                         Approximately 1,800 feet                +974
                                          downstream of Westboro
                                          Road.
                                         Approximately 1,700 feet                +975
                                          downstream of Westboro
                                          Road.
Wilson Creek...........................  Approximately 1,800 feet               +1036  Unincorporated Areas of
                                          downstream of Polk Road.                      Clinton County.
                                         Approximately 1,200 feet               +1039
                                          upstream of Polk Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.

 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Wilmington
Maps are available for inspection at 69 North South Street, Wilmington, OH 45177.

                                     Unincorporated Areas of Clinton County
Maps are available for inspection at 1326 Fife Avenue, Wilmington, OH 45177.

Village of Blanchester
Maps are available for inspection at 318 East Main Street, Blanchester, OH 45107.
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                                Buffalo County, Wisconsin, and Incorporated Areas
                                             Docket No.: FEMA-B-1013
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Buffalo River..........................  Approximately 7,700 feet                +777  Unincorporated Areas of
                                          downstream of the Eau                         Buffalo County.
                                          Claire Street bridge.
                                         Approximately 7,000 feet                +777
                                          downstream of the Eau
                                          Claire Street bridge.
Mississippi River......................  Approximately 4.8 miles                 +657  City of Alma, City of
                                          downstream of State                           Buffalo, City of
                                          Highway 54.                                   Fountain City,
                                                                                Unincorporated Areas of
                                                                                Buffalo County, Village
                                                                                of Cochrane, Village of
                                                                                Nelson.
                                         Approximately 2.1 miles                 +680
                                          upstream of State
                                          Highway 25.
Peeso Creek............................  Approximately 3,400 feet                +822  Unincorporated Areas of
                                          upstream of the                               Buffalo County.
                                          Washington Street Bridge.
                                         Approximately 4,200 feet                +825
                                          upstream of the
                                          Washington Street Bridge.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Alma
Maps are available for inspection at City Hall, 314 North Main Street, Alma, WI 54610.

City of Buffalo
Maps are available for inspection at the Municipal Building, 245 East 10th Street, Buffalo City, WI 54622.

City of Fountain City
Maps are available for inspection at City Hall, 42 North Main Street, Fountain City, WI 54629.

                                     Unincorporated Areas of Buffalo County
Maps are available for inspection at the Buffalo County Courthouse, 407 South 2nd Street, Alma, WI 54610.

Village of Cochrane
Maps are available for inspection at the Village Hall, 102 East 5th Street, Cochrane, WI 54622.

Village of Nelson
Maps are available for inspection at the Village Hall, 105 South Main Street, Nelson, WI 54756.
----------------------------------------------------------------------------------------------------------------

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

    Dated: April 23, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-10053 Filed 4-29-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Rules and Regulations]
[Page 39001-39004]
[DOCID:fr11jy06-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2005-0548; FRL-8191-9]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the Charleston Nonattainment Area to
Attainment and Approval of the Area's Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a redesignation request and a State
Implementation Plan (SIP) revision submitted by the State of West
Virginia. The West Virginia Department of Environmental Protection
(WVDEP) is requesting that the Charleston area be redesignated as
attainment for the 8-hour ozone national ambient air quality standard
(NAAQS). In conjunction with its redesignation request, the State
submitted a SIP revision consisting of a maintenance plan for the
Charleston area that provides for continued attainment of the 8-hour
ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA is
approving the maintenance plan as meeting the requirements of Clean Air
Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan
update. EPA is also approving the adequacy determination for the motor
vehicle emission budgets (MVEBs) that are identified in the 8-hour
maintenance plan for the Charleston area for purposes of transportation
conformity, and is approving those MVEBs. EPA is approving the
redesignation request and the maintenance plan revision to the West
Virginia SIP in accordance with the requirements of the CAA.

EFFECTIVE DATE: This final rule is effective on August 10, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-0548. All documents in the docket are listed in
the http://www.regulations.gov Web Site. Although listed in the electronic

docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or in hard

copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street,
SE., Charleston, WV 25304.

FOR FURTHER INFORMATION CONTACT: Amy Caprio,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 4, 2006 (71 FR 26299), EPA published a notice of proposed
rulemaking (NPR) for the State of West Virginia. The NPR proposed
approval of West Virginia's redesignation request and a SIP revision
that establishes a maintenance plan for the Charleston area that sets
forth how the Charleston area will maintain attainment of the 8-hour
ozone NAAQS for the next 12 years. The formal SIP revision was
submitted by the WVDEP on November 30, 2005. Other specific
requirements of West Virginia's redesignation request SIP revision for
the maintenance plan and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here.
    On May 23, 2006, EPA received a comment, from the West Virginia
Division of Highways, in support of the redesignation of the Charleston
area. However, errata were found on pages 26302, 26307, and 26309 of
the NPR. On page 26302 (Table 1) and page 26309 (Table 7), an error
occurred in the use of significant digits for the 2018 MVEBs. The
correct MVEB for NOX should read 8.2 tons per day (tpd)
instead of 8.20 tpd. The correct MVEB for VOCs should read 7.2 tpd
instead of 7.20 tpd. On page 26307 in the first column, there was an
error in reference to West Virginia state regulation, 45CSR3. The
correct regulation referenced should read 45CSR39. Lastly, on page
26309 in the second column, there was an incorrect reference to the
Virginia Department of Environmental Quality (VADEQ). The correct
reference should read the West Virginia Department of Environmental
Protection (WVDEP).

II. Final Action

    EPA is approving the State of West Virginia's November 30, 2005
redesignation request and maintenance plan because the requirements for
approval have been satisfied. EPA has evaluated West Virginia's
redesignation request, submitted on November 30, 2005, and determined
that it meets the redesignation criteria set forth in section
107(d)(3)(E) of the CAA. EPA believes that the redesignation request
and monitoring data demonstrate that the Charleston area has attained
the 8-hour ozone standard. The final approval of this redesignation
request will change the designation of the Charleston area from
nonattainment to attainment for the 8-hour ozone standard. EPA is
approving the associated maintenance plan for this area, submitted on
November 30, 2005, as a revision to the West Virginia SIP. EPA is
approving the maintenance plan for the Charleston area because it meets
the requirements of section 175A and 175A(b) with respect to the 1-hour
ozone maintenance plan update. EPA is also approving the MVEBs
submitted by West Virginia for this area in conjunction with its
redesignation request. The Charleston area is subject to the CAA's
requirements for basic ozone nonattainment areas until and unless it is
redesignated to attainment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final action is not a ``significant regulatory action'' and therefore
is not subject to review by the Office of Management and Budget. For
this reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This
action approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources. Accordingly, the Administrator certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this rule approves pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-
4). This final rule also 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, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it affects the status of a geographical area, does
not impose any new requirements on sources, or allow the state to avoid
adopting or implementing other requirements, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This final rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
final rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.

B. Submission to Congress and the Comptroller General

    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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 11, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, to approve the redesignation request, maintenance plan
and adequacy determination for MVEBs for the Charleston area, 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, Intergovernmental
relations, Ozone, Nitrogen dioxides, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 81

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

    Dated: June 22, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are 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 XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by adding an
entry for the 8-Hour Ozone Maintenance Plan, Charleston, WV Area at the
end of the table to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval  date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  Charleston Area            11/30/05  07/11/06 [Insert     Action includes
 the Charleston, WV Area.           (Kanawha and                         page number where    approval of the
                                    Putnam Counties).                    the document         following motor
                                                                         begins].             vehicle emission
                                                                                budgets (MVEB):
                                                                                8.2 tons per day
                                                                                (tpd) for NOX and
                                                                                7.2 tpd for VOC.
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for Part 81 continues to read as follows:

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

0
2. Section 81.349 is amended by revising the ozone table entry for the
Charleston, WV Area to read as follows:

Sec.  81.349  West Virginia.

* * * * *

                                              West Virginia--Ozone
                                                [8-hour standard]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                     Category/classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\             Type                Date \1\               Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Charleston, WV Area:
    Kanawha County..............        07/11/06  Attainment..........
    Putnam County...............        07/11/06  Attainment..........

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *

[FR Doc. 06-6085 Filed 7-10-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16757-16758]
[FR Doc No: 2013-06160]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

First Meeting: RTCA Tactical Operations Committee (TOC)

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Meeting Notice of RTCA Tactical Operations Committee.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
first meeting of the RTCA Tactical Operations Committee.

DATES: The meeting will be held April 8, 2013 from 10:00 a.m.-3:00 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street
NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW.,

Suite 910, Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax
at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 224. The agenda will
include the following:

April 8, 2013

     Welcome & Introductions
     Official Statement of Designated Federal Official
     Background on Formation of Committee
     Committee Purpose and Scope Discussion
     Committee Operations
     FAA Taskings Discussion
     FAA Task Groups Discussion
     Anticipated Issues for TOC consideration and action at the
next meeting.
     Any Other Business
     Adjourn
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on March 12, 2013.
Paige Williams,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2013-06160 Filed 3-15-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16725-16727]
[FR Doc No: 2015-07185]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2015-0007-N-5]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking an extension of the following
currently

approved information collection activities. On March 13, 2015, FRA
issued its ``Railworthiness Directive Under 49 CFR 180.509 for Railroad
Tank Cars Equipped With Certain McKenzie Valve & Machining LLC Valves''
and published this Directive in the Federal Register on March 18, 2015.
See 80 FR 14027. Also, on March 18, 2015, FRA published a Notice in the
Federal Register requesting immediate Emergency Clearance Processing
from the Office of Management and Budget (OMB) for the information
collection associated with its Railworthiness Directive Notice No. 1.
See 80 FR 14238. On March 19, 2015, OMB granted FRA's request for
Emergency Clearance for its Railworthiness Directive Notice No. 1. The
information collection activities associated with FRA's Railworthiness
Directive Notice No. 1 received a six-month approval. FRA now seeks a
regular clearance (extension of the current approval for three years)
while tank car owners possessing the thousands of tank cars utilizing
these problematic unapproved valves have them removed and replaced with
approved valves. FRA has issued this Railworthiness Directive
(Directive) to all owners of tank cars used to transport hazardous
materials within the United States to ensure they identify and
appropriately remove and replace these valves with approved valves
consistent with Federal regulations.
    Before submitting these information collection requirements for
clearance by the Office of Management and Budget (OMB), FRA is
soliciting public comment on specific aspects of the activities
identified below.

DATES: Comments must be received no later than May 29, 2015.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC
20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop
35, Washington, DC 20590. Commenters requesting FRA to acknowledge
receipt of their respective comments must include a self-addressed
stamped postcard stating, ``Comments on OMB control number 2130-0606.''
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or<PHONE_NUMBER>, or via email to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Toone at<EMAIL_ADDRESS>Please
refer to the assigned OMB control number in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at
44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part
1320, require Federal agencies to provide 60-days notice to the public
for comment on information collection activities before seeking
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A);
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA
invites interested respondents to comment on the following summary of
proposed information collection activities regarding (i) whether the
information collection activities are necessary for FRA to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of FRA's estimates of the burden
of the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(I)-(iv); 5 CFR
1320.8(d)(1)(I)-(iv). FRA believes that soliciting public comment will
promote its efforts to reduce the administrative and paperwork burdens
associated with the collection of information mandated by Federal
regulations. In summary, FRA reasons that comments received will
advance three objectives: (i) Reduce reporting burdens; (ii) ensure
that it organizes information collection requirements in a ``user
friendly'' format to improve the use of such information; and (iii)
accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    Below are brief summaries of three currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the Paperwork Reduction Act:
    Title: Railworthiness Directive Notice No. 1.
    OMB Control Number: 2130-0606.
    Abstract: Recent FRA investigations identified several railroad
tank cars transporting hazardous materials and leaking small quantities
of product from the cars' liquid lines. FRA's investigation revealed
that the liquid lines of the leaking tank cars were equipped with a
certain type of 3-inch ball valve marketed and sold by McKenzie Valve &
Machining LLC (McKenzie) (formerly McKenzie Valve & Machining Company),
an affiliate company of Union Tank Car Company (UTLX). FRA further
found certain closure plugs installed on the 3-inch valves cause
mechanical damage to the valves, which leads to the destruction of the
valves' seal integrity and that the 3-inch valves, as well as
similarly-designed 1-inch and 2-inch valves provided by this
manufacturer are not approved for use on tank cars.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.
    Respondent Universe: 100 Tank Car Owners.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
 Railworthiness directive notice                            Total annual       Average time per    Total annual
       No. 1:  Requirements        Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
I. Identification of RR tank cars  100 Tank Car Owners  200 identifications/ 2 hours............             400
 equipped with McKenzie valves &    (15,000 affected     reports.
 document providing reporting       tank cars).
 mark and number of each car so
 equipped and type of valve to
 FRA.
--Record of Inspection Date and    100 Tank Car Owners  200 records........  30 minutes.........             100
 Location and Results of            (15,000 affected
 Inspection.                        tank cars).
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 400.
    Total Estimated Annual Burden: 500 hours.
    Status: Regular Review.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC, on March 25, 2015.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2015-07185 Filed 3-27-15; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Page 37762]
[FR Doc No: 2014-15566]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4175-DR; Docket ID FEMA-2014-0003]

Mississippi; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4175-DR), dated April 30, 2014, and
related determinations.

DATES: Effective Date: May 3, 2014.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this major disaster is closed effective May 3, 2014.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-15566 Filed 7-1-14; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Page 44347]
[FR Doc No: 2020-15794]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213

Extension: Rule 17g-2 SEC File No. 270-564, OMB Control No. 3235-
0628

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17g-2 (17 CFR 240.17g-2)
under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 17g-2, ``Records to be made and retained by nationally
recognized statistical rating organizations,'' implements the
Commission's recordkeeping rulemaking authority under Section 17(a) of
the Exchange Act.\1\ The rule requires a Nationally Recognized
Statistical Rating Organization (``NRSRO'') to make and retain certain
records relating to its business and to retain certain other business
records, if such records are made. The rule also prescribes the time
periods and manner in which all these records must be retained. There
are 9 credit rating agencies registered with the Commission as NRSROs
under section 15E of the Exchange Act, which have already established
the record keeping policies and procedures required by Rule 17g-2.
Based on staff experience, NRSROs are estimated to spend a total
industry-wide burden of 2,390 annual hours to make and retain the
appropriate records.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78q.
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information on
respondents; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    Please direct your written comments to: Dave Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Cynthia
Roscoe, 100 F St. NE, Washington, DC 20549 or send an email to:
<EMAIL_ADDRESS>
    Dated: July 16, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15794 Filed 7-21-20; 8:45 am]
BILLING CODE 8011-01-P


MR. PENBERTHY:  Yeah, how would you like that changed?
      		MR. DOYLE:  Yes, it should be -- let's see -- the commercial -- this is the sentence that begins the commercial laboratory, so it's the third sentence in the last paragraph.
      		MR. PENBERTHY:  Okay.
      		MR. DOYLE:  The commercial laboratory will validate a method for the analysis of D4 in the influent and effluentthat shall be adapted from the analytical methods specified in Knoerr.
      		MR. PENBERTHY:  I assume that's okay?
      		MR. LEWIS:  You want that throughout the document, okay.
      		MR. DOYLE:  And that's consistent with my version.
      		MR. PENBERTHY:  Okay.  So that's going to have to then be in all Appendices -- all -- 4 through 8, right?  Okay.  Anything else?
      		MR. THOMAS:  Nothing else, other than I hope there's some cookies left for you guys at the party.
      		MR. PENBERTHY:  Well, I'm greatly relieved we're going to be coming to a final conclusion.  Maybe we should go over the next steps.
      		MR. THOMAS:  Absolutely.
      		MR. PENBERTHY:  Okay.  Help me out here.  I'm getting off track here, but, obviously, we have some editing to do, so that will take a few days to get the language right.
      		At that point we will send that out to all the interested parties for a 30-day period.  They can comment -- and I assume since most of the interested parties that have been engaged are not stand-up comments.  One thing I will need from you three very shortly is the name and addresses of the signatories, so I would like to put that in before we send it out for the 30-day period.
      		So assuming, you know, in the C.F.R. there's a definition of what constitutes a legitimate comment, but I can't imagine there would be anything substantial from the people in this room because that's what we've been talking about.  Although, you know, just like you have to get your bosses to sign off, we have to get ours.  So I can understand what evolves out of that.  Hopefully, anything like that will be extremely minor.
      		At that point, after we get through the 30-day period, we'll have a final draft that will go to the -- for signatures.  I think typically the way this has happened, there's been a kind of signature page for each of the signatory companies.  It's been a long time since we've done this, but usually that goes out.
      		There's two copies, original, for the signature -- the first go out, come back, and everybody gets a formal -- and maybe even multiples since there's so many companies involved, but everyone gets an original.  We would write this notice of availability, which describes what's been agreed to, basically lays out the schedule, and references these today, and then we get started.
      		MR. SELTZER:  There will need to be additional extension period, 60 days again.  And that's going to start on the -- the 26th is what you said is currently scheduled period fixed to expire.
      		MR. PENBERTHY:  So it's been my experience that sometimes rustling up signatures can take a week, longer than you imagine, so hopefully we can get that done within a month or so after the 30 days.
      		MR. THOMAS:  Okay.  Another thing we're going to want to do at some point is identify a small sort of technical team from EPA that could work with the small technical team from our side to make quick decisions in the field where the need arises or if there are questions with respect to -- like some of the things that came up today like how do you collect the samples and so forth and how do you ensure mixing.
      		A lot of those things are likely to come up, and we're going to             need some people that can be available to make, you know, reasonably fast decisions where the need arises.
      		MR. PENBERTHY:  Okay.  We can arrange for that.
      		MR. STAPLES:   Especially on the Study Plan up front.  Before we get into the field even, there's going to have to be some --
      		MR. PENBERTHY:  Back and forth, I understand.
      		MR. STAPLES:   To get them done quickly.
      		MR. PENBERTHY:  I mean, if we're all clear about expectations and what's being done, it makes it go easier.
      		Any problems with that?  So that's basically the (inaudible).  It's been a wonderful almost three years.  But the one thing good about it is it looks like we're on a positive trajectory and we'll have an (inaudible), so that's very important.  I know that's why everybody in this room comes to work, to have a success in this.
      		MR. THOMAS:  Absolutely.
      		MR. PENBERTHY:  So thanks so much.  Is there anything else we need to talk about?
      		MR. THOMAS:  Nothing from me.  Anybody else?  No.  So thank you.
      		MS. PLOTCKE:   Thank you.
      		MR. PENBERTHY:  Great.  So I expect something in the (inaudible) probably within a week.
      		MR. THOMAS:  Okay.
      		MR. PENBERTHY:  Happy holidays.  (Hearing adjourned)


[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38553-38556]
[FR Doc No: 2019-16731]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0376]
RIN 1625-AA00

Safety Zone; Sabine River, Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Sabine River, extending the entire
width of the river, adjacent to the public boat ramp located in Orange,
TX. This action is necessary to protect persons and vessels from
hazards associated with a high-speed Jet Ski race competition in
Orange, TX. Entry of vessels or persons into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit Port
Arthur or a designated representative.

DATES: This rule is effective from 6 a.m. on August 17, 2019 through 6
p.m. on August 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0376 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 because it is impracticable. This safety zone
must be established by August 17, 2019 and we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing this rule. The NPRM process would delay the
establishment of the safety zone until after the dates of the high-
speed races and compromise public safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine
Safety Unit Port Arthur (COTP) has determined that the potential
hazards associated with high-speed Jet Ski races are a safety concern
for persons and vessels operating on the Sabine River. Possible hazards
include risks of injury or death from near or actual contact among
participant vessels and spectators or mariners traversing through the
safety zone. This rule is needed to protect all waterway users,
including event participants and spectators, before, during, and after
the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9 a.m. through 6
p.m. each day from August 17, 2019 through August 18, 2019. The safety
zone covers all navigable waters of the Sabine River, extending the
entire width of the river, adjacent to the public boat ramp located in
Orange, TX bounded by the Navy Pier One between latitude 30[deg]05'50''
N and latitude 30[deg]05'33'' N. The duration of the safety zone is
intended to protect participants, spectators, and other persons and
vessels, in the navigable waters of the Sabine River during high-speed
Jet Ski races and will include breaks and opportunity for vessels to
transit through the regulated area.
    Entry of vessels or persons into this zone is prohibited unless
authorized by the COTP or a designated representative. They may be
contacted on VHF-FM channel 13 or 16, or by phone at by telephone at
409-719-5070. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Patrol Commander may be contacted on Channel 16
VHF-FM (156.8 MHz) by the call sign ``PATCOM''. All persons and vessels
not registered with the sponsor as participants or official patrol
vessels are considered spectators. The ``official patrol vessels''
consist of any Coast Guard, state, or local law enforcement and sponsor
provided vessels assigned or approved by the COTP or a designated
representative to patrol the regulated area. Spectator vessels desiring
to transit the regulated area may do so only with prior approval of the
Patrol Commander and when so directed by that officer will be operated
at a minimum safe navigation speed in a manner which will not endanger
participants in the regulated area or any other vessels. No spectator
vessel shall anchor, block, loiter, or impede the through transit of
participants or official patrol vessels in the regulated area during
the effective dates and times, unless cleared for entry by or through
an official patrol vessel. Any spectator vessel may anchor outside the
regulated area, but may not anchor in, block, or loiter in a navigable
channel. Spectator vessels may be moored to a waterfront facility
within the regulated area in such a way that they shall not interfere
with the progress of the event. Such mooring must be complete at least
30 minutes prior to the establishment of the regulated area and remain
moored through the duration of the event.
    The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both. The
COTP or a designated representative may terminate the event or the
operation of any vessel at any time it is deemed necessary for the
protection of life or property.
    The COTP or a designated representative will terminate enforcement
of the special local regulations at the conclusion of the event.

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 size,
location, and duration of the safety zone. This safety zone encompasses
a less than half-mile stretch of the Sabine River for nine hours on
each of two days. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners (BNMs) via VHF-FM marine channel 16 about the zone, daily
enforcement periods will include breaks that will provide an
opportunity for vessels to transit through the regulated area, and the
rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on vessel owners or operators.
    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 an 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 lasting 8 hours on each
of two days that will prohibit entry on less than a one-half mile
stretch of the Sabine River. It is categorically excluded from further
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. 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 AREA AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 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.T08-376 to read as follows:

Sec.  165.T08-376  Safety Zone; Sabine River, Orange, Texas.

    (a) Location. The following area is a safety zone: All navigable
waters of the Sabine River, extending the entire width of the river,
adjacent to the public boat ramp located in Orange, TX bounded by the
Navy Pier One between latitude 30[deg]05'50'' N and latitude
30[deg]05'33'' N.
    (b) Effective period. This section is effective from 9 a.m. on
August 17, 2019 through 6 p.m. on August 18, 2019.
    (c) Enforcement periods. This section will be enforced from 9 a.m.
through 6 p.m. daily. Breaks in the racing will occur during the
enforcement periods, which will allow for vessels to pass through the
safety zone. The Captain of the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative will provide notice of breaks as
appropriate per paragraph (e) of this section.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry of vessels or persons into this zone
is prohibited unless authorized by the COTP or a designated
representative. They may be contacted on VHF-FM channel 13 or 16, or by
phone at by telephone at<PHONE_NUMBER>. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be

moored to a waterfront facility within the regulated area in such a way
that they shall not interfere with the progress of the event. Such
mooring must be complete at least 30 minutes prior to the establishment
of the regulated area and remain moored through the duration of the
event.
    (6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
    (7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
    (8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: July 15, 2019.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2019-16731 Filed 8-6-19; 8:45 am]
 BILLING CODE 9110-04-P