[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Rules and Regulations]
[Page 34381-34387]
[DOCID:fr17jn10-24]

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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)
                                           Location of referenced     Depth
           Flooding source(s)                    elevation            in feet above       Communities affected
                                                                      ground [caret]
                                                                       Elevation in
                                                                       meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                              Mississippi County, Arkansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1045
----------------------------------------------------------------------------------------------------------------
Mississippi River......................  Approximately at River                  +238  City of Luxora,
                                          Mile 755.                                     Unincorporated Areas of
                                                                                Mississippi County.
                                         Approximately at River                  +268
                                          Mile 818.
----------------------------------------------------------------------------------------------------------------
* 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 Luxora
Maps are available for inspection at 204 North Main Street, Luxora, AR 72358.

                                   Unincorporated Areas of Mississippi County
Maps are available for inspection at 200 West Walnut Street, Blytheville, AR 72315.
----------------------------------------------------------------------------------------------------------------
                                 Yolo County, California, and Incorporated Areas
                                             Docket No.: FEMA-B-1035
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Ponding Area...........................  Area northwest of                 2  Unincorporated Areas of
                                          intersection of                               Yolo County.
                                          Interstate 505/County
                                          Road 90 and Russell
                                          Boulevard/Grant Avenue.
                                         Area north of Moody               2
                                          Slough Road, west of
                                          County Road 89, and east
                                          of County Road 88.
                                         Area north of an unnamed          2
                                          road, west of County
                                          Road 89, and east of
                                          County Road 88.
Zone AE Area...........................  Area north of King Road,                 +23  Unincorporated Areas of
                                          south of Mills Road, and                      Yolo County.
                                          east of County Road 104.
----------------------------------------------------------------------------------------------------------------
* 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 Yolo County
Maps are available for inspection at the Yolo County Planning and Public Works Department, 292 West Beamer
 Street, Woodland, CA 95695.
----------------------------------------------------------------------------------------------------------------
                                Fairfield County, Connecticut (All Jurisdictions)
                                             Docket No.: FEMA-B-1040
----------------------------------------------------------------------------------------------------------------
East Swamp Brook Farmill River.........  Entire reach within City                +293  City of Danbury, Town of
                                          of Danbury.                                   Stratford.
                                         Approximately 175 feet                   +14
                                          downstream of State
                                          Route 110.
                                         Approximately 2,400 feet                 +70
                                          downstream of Beard Saw
                                          Mill Road.
Five Mile River........................  At the upstream side of                 +139  City of Norwalk.
                                          Old Rock Lane.
                                         Approximately 750 feet                  +139
                                          upstream of Old Rock
                                          Lane.
Horse Tavern Brook.....................  At the upstream side of                 +132  City of Bridgeport, Town
                                          Park Avenue.                                  of Trumbull.
                                         Approximately 670 feet                  +132
                                          upstream of Park Avenue.
                                         Approximately 470 feet                  +238
                                          upstream of Old Town
                                          Road.
                                         Approximately 1,070 feet                +239
                                          upstream of Old Town
                                          Road.
                                         Approximately 1,580 feet                +239
                                          upstream of Old Town
                                          Road.
                                         Approximately 1,820 feet                +240
                                          upstream of Old Town
                                          Road.
Housatonic River.......................  Approximately 2,775 feet                 +14  Town of Newtown, Town of
                                          upstream of Merritt                           Stratford.
                                          Parkway.
                                         Approximately 3,650 feet                 +14
                                          upstream of Merritt
                                          Parkway.
                                         At the confluence with                  +108
                                          the Halfway River.
                                         Approximately 15,800 feet               +108
                                          upstream of the
                                          confluence with the
                                          Halfway River.
Laurel Brook...........................  Approximately 320 feet                  +245  City of Stamford.
                                          upstream of the
                                          confluence with Rippowam
                                          River (Upper Reach).
                                         Approximately 40 feet                   +274
                                          upstream of Laurel Road.
Mianus River...........................  At the upstream side of                  +73  Town of Greenwich.
                                          Valley Road.
                                         Approximately 270 feet                   +73
                                          upstream of Valley Road.

Noroton River..........................  Approximately 1,860 feet                +117  City of Stamford, Town of
                                          downstream of State                           Darien.
                                          Route 15.
                                         Approximately 1,040 feet                +117
                                          downstream of State
                                          Route 15.
Norwalk River..........................  Entire reach within Town                +302  Town of Ridgefield, Town
                                          of Weston.                                    of Weston.
                                         Approximately 2,740 feet                +367
                                          upstream of U.S. Route 7.
                                         Approximately 3,500 feet                +373
                                          upstream of U.S. Route 7.
Rippowam River (Upper Reach)...........  Approximately 290 feet                  +228  Town of New Canaan.
                                          downstream of Cascade
                                          Road.
                                         Approximately 3,360 feet                +243
                                          upstream of Cascade Road.
Rooster River..........................  At the upstream side of                  +14  Town of Fairfield.
                                          the railroad.
                                         At the downstream side of                +19
                                          Brooklawn Avenue.
Terehaute Brook........................  Approximately 1,720 feet                +367  City of Danbury.
                                          downstream of Reservoir
                                          Street.
                                         At the upstream side of                 +373
                                          Reservoir Street.
Tributary O at Intervale Road..........  Entire reach within Town                +140  Town of Stratford.
                                          of Stratford.
----------------------------------------------------------------------------------------------------------------
* 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 Bridgeport
Maps are available for inspection at the Engineering Department, 45 Lyon Terrace, Room 216, Bridgeport, CT
 06604.

City of Danbury
Maps are available for inspection at City Hall, Engineering Department, 155 Deer Hill Avenue, Danbury, CT 06810.

City of Norwalk
Maps are available for inspection at City Hall, Planning and Zoning Department, 125 East Avenue, Room 223,
 Norwalk, CT 06856.

City of Stamford
Maps are available for inspection at the Environmental Protection Board, 888 Washington Boulevard, 7th Floor,
 Stamford, CT 06904.

Town of Darien
Maps are available for inspection at the Town Hall, 2 Renshaw Road, Darien, CT 06820.

Town of Fairfield
Maps are available for inspection at the Fairfield Engineering Department, Sullivan Independence Hall, 725 Old
 Post Road, Fairfield, CT 06824.

Town of Greenwich
Maps are available for inspection at the Town Hall, Planning and Zoning Department, 101 Field Point Road,
 Greenwich, CT 06830.

Town of New Canaan
Maps are available for inspection at the Town Hall, Office of the Town Clerk, 77 Main Street, New Canaan, CT
 06840.

Town of Newtown
Maps are available for inspection at the Town Offices, Land Use Agency, 31 Pecks Lane, Newtown, CT 06470.

Town of Ridgefield
Maps are available for inspection at the Town Hall Annex, Planning and Zoning Department, 66 Prospect Street,
 Ridgefield, CT 06877.

Town of Stratford
Maps are available for inspection at the Town Hall, Planning and Zoning Department, 2725 Main Street, Stratford,
 CT 06615.

Town of Trumbull
Maps are available for inspection at the Town Hall, Engineering Department, 5866 Main Street, Trumbull, CT
 06611.

Town of Weston
Maps are available for inspection at the Town Hall, Office of the Town Clerk, 56 Norfield Road, Weston, CT
 06883.
----------------------------------------------------------------------------------------------------------------
                                  Cobb County, Georgia, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
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Chattahoochee River....................  Just upstream of the                    +854  Unincorporated Areas of
                                          Morgan Falls Dam.                             Cobb County.
                                         Approximately 1,000 feet                +862
                                          downstream of the
                                          confluence with Willeo
                                          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 Cobb County
Maps are available for inspection at 100 Cherokee Street, Marietta, GA 30090.
----------------------------------------------------------------------------------------------------------------

                                 Forsyth County, Georgia, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
Chattahoochee River....................  Just upstream of McGinnis               +908  Unincorporated Areas of
                                          Ferry Road.                                   Forsyth County.
                                         Just downstream of the                  +921
                                          Buford Dam.
Dick Creek.............................  At the confluence with                  +909  Unincorporated Areas of
                                          the Chattahoochee River                       Forsyth County.
                                          (backwater effects).
James Creek............................  At the confluence with                  +916  Unincorporated Areas of
                                          the Chattahoochee River                       Forsyth County.
                                          (backwater effects).
----------------------------------------------------------------------------------------------------------------
* 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 Forsyth County
Maps are available for inspection at 110 East Main Street, Cumming, GA 30040.
----------------------------------------------------------------------------------------------------------------
                                 Fulton County, Georgia, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
Autry Mill Creek.......................  At the confluence with                  *889  City of Johns Creek.
                                          the Chattahoochee River
                                          (backwater effects).
Chattahoochee River....................  Just upstream of the                    *854  City of Johns Creek, City
                                          Morgan Falls Dam.                             of Roswell, City of
                                                                                Sandy Springs,
                                                                                Unincorporated Areas of
                                                                                Fulton County.
                                         Just downstream of                      *907
                                          McGinnis Ferry Road.
Johns Creek............................  At the confluence with                  *890  City of Johns Creek.
                                          the Chattahoochee River
                                          (backwater effects).
----------------------------------------------------------------------------------------------------------------
* 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 Johns Creek
Maps are available for inspection at 1200 Findley Road, Suite 400, Johns Creek, GA 30097.

City of Roswell
Maps are available for inspection at 38 Hill Street, Roswell, GA 30075.

City of Sandy Springs
Maps are available for inspection at 7840 Roswell Road, Sandy Springs, GA 30350.

                                      Unincorporated Areas of Fulton County
Maps are available for inspection at 141 Pryor Street, Suite 10044, Atlanta, GA 30303.
----------------------------------------------------------------------------------------------------------------
                                Gwinnett County, Georgia, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
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Brushy Creek...........................  At the confluence with                  +906  Unincorporated Areas of
                                          the Chattahoochee River.                      Gwinnett County.
Chattahoochee River....................  Just above Holcomb Bridge               +884  City of Berkeley Lake,
                                          Road.                                         City of Duluth, City of
                                                                                Sugar Hill, City of
                                                                                Suwanee, Unincorporated
                                                                                Areas of Gwinnett
                                                                                County.
                                         Approximately 4,000 feet                +920
                                          downstream from the
                                          Buford Dam.
Level Creek............................  At the confluence with                  +911  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Mill Creek (Stream 6)..................  At the confluence with                  +895  City of Berkeley Lake,
                                          the Chattahoochee River                       Unincorporated Areas of
                                          (backwater effects).                          Gwinnett County.
Richland Creek.........................  At the confluence with                  +917  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).

Rogers Creek...........................  At the confluence with                  +899  City of Duluth,
                                          the Chattahoochee River                       Unincorporated Areas of
                                          (backwater effects).                          Gwinnett County.
Stream 1...............................  At the confluence with                  +886  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Stream 2...............................  At the confluence with                  +887  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Stream 3...............................  At the confluence with                  +889  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Stream 4...............................  At the confluence with                  +891  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Stream 5...............................  At the confluence with                  +894  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Stream 8...............................  At the confluence with                  +897  City of Duluth,
                                          the Chattahoochee River                       Unincorporated Areas of
                                          (backwater effects).                          Gwinnett County.
Stream 10..............................  At the confluence with                  +903  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Suwanee Creek..........................  At the confluence with                  +905  Unincorporated Areas of
                                          the Chattahoochee River                       Gwinnett County.
                                          (backwater effects).
Swilling Creek.........................  At the confluence with                  +896  City of Duluth,
                                          the Chattahoochee River                       Unincorporated Areas of
                                          (backwater effects).                          Gwinnett County.
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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 Berkeley Lake
Maps are available for inspection at 4040 South Berkeley Road Northwest, Berkeley Lake, GA 30096.

City of Duluth
Maps are available for inspection at 3167 Main Street, 2nd floor, Duluth, GA 30096.

City of Sugar Hill
Maps are available for inspection at 4988 West Broad Street, Sugar Hill, GA 30518.

City of Suwanee
Maps are available for inspection at 373 Highway 23, Suwanee, GA 30024.

                                     Unincorporated Areas of Gwinnett County
Maps are available for inspection at 75 Langley Drive, Lawrenceville, GA 30045.
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                               Henderson County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1056
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Mississippi River......................  Just downstream of Main                 +531  Unincorporated Areas of
                                          Street extended in                            Henderson County,
                                          Lomax, Illinois                               Village of Gulfport,
                                          (approximately 395 miles                      Village of Lomax.
                                          upstream of the
                                          confluence with the Ohio
                                          River).
                                         Approximately 400 feet                  +534
                                          upstream of 1100 N
                                          extended (approximately
                                          403 miles upstream of
                                          the confluence with the
                                          Ohio River).
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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
                                    Unincorporated Areas of Henderson County
Maps are available for inspection at the Henderson County Courthouse, 307 Warren Street, Oquawka, IL 61469.

Village of Gulfport
Maps are available for inspection at the Henderson County Courthouse, 307 Warren Street, Oquawka, IL 61469.

Village of Lomax
Maps are available for inspection at the Village Hall, 861 Atchison Avenue, Lomax, IL 61454.
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                                Pike County, Mississippi, and Incorporated Areas
                                             Docket No.: FEMA-B-1047
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Tangipahoa River.......................  Approximately 0.68 mile                 +233  Town of Osyka.
                                          downstream of State
                                          Highway 575.
                                         Approximately 1,100 feet                +236
                                          downstream of State
                                          Highway 575.
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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
Town of Osyka
Maps are available for inspection at 215 West Liberty Street, Osyka, MS 39648.
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                                  Gage County, Nebraska, and Incorporated Areas
                                             Docket No.: FEMA-B-1024
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Big Blue River.........................  Approximately 900 feet                +1,195  Unincorporated Areas of
                                          upstream of State                             Gage County.
                                          Highway 8.
                                         Approximately 0.5 mile                +1,196
                                          upstream of State
                                          Highway 8.
Big Blue River Tributary 44............  Upstream of South 25th                +1,259  City of Beatrice.
                                          Street.
                                         Downstream of Scott                   +1,273
                                          Street.
Big Blue River backwater on Bills Creek  Approximately 1,200 feet              +1,217  City of Wymore.
                                          downstream of South A
                                          Street.
                                         Approximately 600 feet                +1,217
                                          downstream of South A
                                          Street.
----------------------------------------------------------------------------------------------------------------
* 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 Beatrice
Maps are available for inspection at City Hall, 400 Ella Street, Beatrice, NE 68310.

City of Wymore
Maps are available for inspection at the City Office, 115 West East Street, Wymore, NE 68466.

                                       Unincorporated Areas of Gage County
Maps are available for inspection at the County Highway Department, 823 South 8th Street, Beatrice, NE 68310.
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                                  Madison County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1040
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Little Darby Creek.....................  Approximately 30,610 feet               +881  Village of West
                                          upstream of the                               Jefferson.
                                          confluence with Darby
                                          Creek.
                                         Approximately 38,850 feet               +894
                                          upstream of the
                                          confluence with Darby
                                          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
Village of West Jefferson
Maps are available for inspection at 28 East Main Street, West Jefferson, OH 43612.
----------------------------------------------------------------------------------------------------------------
                                  Trumbull County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1035
----------------------------------------------------------------------------------------------------------------
Duck Creek.............................  At the mouth of the                     +891  City of Warren.
                                          Mahoning River.
                                         Approximately 600 feet                  +891
                                          downstream of Risher
                                          Street.
Mahoning River.........................  Approximately 8,500 feet                +855  Village of McDonald.
                                          upstream of I-80.
                                         Approximately 17,600 feet               +858
                                          upstream of I-80.
----------------------------------------------------------------------------------------------------------------
* 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
Village of McDonald
Maps are available for inspection at 451 Ohio Avenue, McDonald, OH 44437.

City of Warren
Maps are available for inspection at 540 Laird Avenue Southeast, Warren, OH 44484.
----------------------------------------------------------------------------------------------------------------
                                 Nelson County, Virginia, and Incorporated Areas
                                             Docket No.: FEMA-B-1040
----------------------------------------------------------------------------------------------------------------
Davis Creek............................  Approximately 983 feet                  +538  Unincorporated Areas of
                                          upstream of the                               Nelson County.
                                          confluence with the
                                          Rockfish River.
                                         Approximately 150 feet                  +862
                                          downstream of Perry Lane.
East Branch Hat Creek..................  Approximately 215 feet                  +674  Unincorporated Areas of
                                          upstream of the                               Nelson County.
                                          confluence with Hat
                                          Creek.
                                         At the intersection of                  +802
                                          Shaeffers Hollow Lane.
Hat Creek..............................  Approximately 730 feet                  +648  Unincorporated Areas of
                                          upstream of the                               Nelson County.
                                          confluence with the Tye
                                          River.
                                         Approximately 610 feet                  +790
                                          downstream of East
                                          Branch Loop.
Muddy Creek............................  Approximately 544 feet                  +550  Unincorporated Areas of
                                          upstream of the                               Nelson County.
                                          confluence with Davis
                                          Creek.
                                         Approximately 160 feet                  +689
                                          downstream of Anderson
                                          Lane.
Rockfish River.........................  Approximately 400 feet                  +399  Unincorporated Areas of
                                          downstream of the                             Nelson County.
                                          confluence with Ivy
                                          Creek.
                                         Approximately 2,200 feet                +458
                                          downstream of Laurel
                                          Road.
                                         Approximately 1,186 feet                +477
                                          downstream of Rock
                                          Spring Road.
                                         Approximately 477 feet                  +588
                                          downstream of the
                                          confluence with South
                                          Fork Rockfish River.
Tye River..............................  At Tye Brook Highway.....               +604  Unincorporated Areas of
                                                                                Nelson County.
                                         Approximately 2,300 feet                +641
                                          downstream of the
                                          confluence with Hat
                                          Creek.
                                         Approximately 1,200 feet                +734
                                          upstream of the
                                          confluence with Unnamed
                                          Tributary No. 6 to Tye
                                          River.
                                         Approximately 1,941 feet                +821
                                          downstream of Carter
                                          Hill Road.
                                         Approximately 2,100 feet                +892
                                          upstream of State Route
                                          682.
                                         At the confluence with                +1,141
                                          North Fork Tye River.
----------------------------------------------------------------------------------------------------------------
* 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 Nelson County
Maps are available for inspection at 80 Front Street, Lovingston, VA 22949.
----------------------------------------------------------------------------------------------------------------

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

Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-14636 Filed 6-16-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Page 279]
[FR Doc No: 2011-33724]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-670-000]

Rhode Island LFG Genco LLC ; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Rhode Island LFG Genco LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 17, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-33724 Filed 1-3-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Proposed Rules]
[Pages 59602-59605]
[FR Doc No: 2019-24133]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0830]
RIN 1625-AA87

Security Zone; Super Bowl 2020, Bayfront Park, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary security
zone over certain navigable waters of Biscayne Bay in connection with
Super

Bowl 2020 events in Miami, Florida. The temporary security zone is
necessary to protect official party, executives, public, and
surrounding waterway from terrorist acts, sabotage or other subversive
acts, accidents, or other causes of a similar nature. Anchoring, or
remaining within the security zone would be prohibited unless
authorized by the Captain of the Port Miami (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 5, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0830 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call Omar Beceiro, Sector Miami Waterways
Management Division, U.S. Coast Guard at<PHONE_NUMBER> or by email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The City of Miami will be hosting Super Bowl LIV (54) in February
2020. Additionally, several venues and hotels in the City of Miami
downtown area will host Super Bowl-related events during the week
preceding the Super Bowl, which is scheduled for February 2, 2020.
Venues include Bayfront Park, Adrienne Arsht Center for the Performing
Arts, and JW Marriott Marquis Hotel. The Coast Guard anticipates these
various events will draw large crowds of people, executives, official
party, etc. and present a security concern since the venues may be
accessed from or are in close proximity to the waterfront, Biscayne
Bay. The COTP has determined the ease of waterfront access to the
various venues hosting Super Bowl events present a security concern for
attendees.
    The purpose of this rulemaking is to ensure the security of the
public, executives, official party and surrounding waterway from
terrorist acts, sabotage or other subversive acts, accidents, or other
causes of a similar nature. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary security zone to be
enforced 24 hours a day beginning at 8:00 a.m. on January 26, 2020
until 8:00 a.m. on February 3, 2020. The temporary security zone would
cover all navigable waters of Biscayne Bay from approximately Venetian
Causeway south to and including a portion of the Miami River. The
duration of the temporary security zone is intended to ensure the
security of the public, executives, official party and surrounding
waterway before, during, and after the various Super Bowl-related
events in the Downtown area of Miami, Florida.
    All persons and vessels are required to transit the security zone
at a steady speed and may not slow down, stop, or anchor except in the
case of unforeseen mechanical failure or other emergency. Any persons
or vessels forced to slow or stop in the zone shall immediately notify
the COTP Miami via VHF channel 16.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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, duration, and time-of-year of the security zone. The security
zone will only affect a small area of Biscayne Bay near Bayfront Park
in the Port of Miami for approximately eight days. Vessel traffic;
however, will not be impeded by the temporary security zone. Vessels
will be able to transit the security zone along the Intracoastal
Waterway with the only restriction being the inability to stop or
anchor within the zone. Moreover, upon activating the security zone,
the Coast Guard will notify the local maritime community through
various means including, Local Notice Mariners and Broadcast Notice to
Mariners issued on VHF-FM marine radio channel 16.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a
temporary security zone lasting approximately eight days that would
prohibit vessels from stopping or anchoring within the zone. Normally
such actions are categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A draft Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 proposes
to amend 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: 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.T07-0830 to read as follows:

Sec.  165.T07-0830  Security Zone; Super Bowl 2020, Bayfront Park,
Miami, FL

    (a) Regulated Areas: The following is a temporary security zone:
    (1) All waters of Biscayne Bay within the following points:
Beginning at Point 1 in position 25[deg]47'13'' N, 80[deg]11'6'' W;
thence east to Point 2 in position 25[deg]47'13'' N, 80[deg]10'48'' W;
thence south to Point 3 in position 25[deg]46'11'' N, 80[deg]10'48'' W;
thence west to Point 4 in position 25[deg]46'11'' N, 80[deg]11'27'' W;
thence north to Point 5 in position 25[deg]46'15'' N, 80[deg]11'27'' W;
thence east to Point 6 in position 25[deg]46'15'' N, 80[deg]11'6'' W;
thence back to origin at Point 1.
    (b) Definition: The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the security zone.
    (c) Regulations:
    (1) All persons and vessels are required to transit the security
zone at a steady speed and may not slow down, stop, or anchor except in
the case of unforeseen mechanical failure or other emergency. Any
persons or vessels forced to slow or stop in the zone shall immediately
notify the Captain of the Port Miami via VHF channel 16.
    (2) Persons who must notify or request authorization from the
Captain of the Port Miami may do so by telephone at<PHONE_NUMBER>, or
may contact a designated representative via VHF radio on channel 16.
    If authorization to anchor, or remain within the security zone is
granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of

the Captain of the Port Miami or the designated representative.
    (d) Enforcement Period: This rule will be enforced from 8:00 a.m.
on January 26, 2020 through 8:00 a.m. on February 3, 2020.

    Dated: October 31, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-24133 Filed 11-4-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Page 22881]
[FR Doc No: 2022-08240]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC22-51-000]

Wisconsin Electric Power Company; Notice of Filing

    Take notice that on February 25, 2022, as supplemented on April 8,
2022, Wisconsin Electric Power Company submitted a proposal, and a
response to a deficiency letter for additional information, to the
Chief Accountant of the Federal Energy Regulatory Commission
(Commission or FERC) related to proposed reclassification of certain
depreciation reserve balances (Account 108, Accumulated Provision for
Depreciation of Electric Utility Plant) related to its non-legal cost
of removal that had been previously recorded as a regulatory liability
(Account 254, Other Regulatory Liabilities), consistent with its most
recent depreciation study on file with the Commission, in Docket No.
ER16-592-000 (2016).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on April 22, 2022.

    Dated: April 12, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08240 Filed 4-15-22; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Request for extension for FDA to hear comments from the vaping industry.


[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44405-44406]
[FR Doc No: 2018-18770]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0050]

Pipeline Safety: Gas and Hazardous Liquid Pipeline Risk Models

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice and request for comments; extension of comment period.

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SUMMARY: PHMSA published a notice in the Federal Register to seek
public comments on a report developed to support improvements in gas
and hazardous liquid pipeline risk models titled ``Pipeline Risk
Modeling--Overview of Methods and Tools for Improved Implementation''
(Pipeline Risk Modeling Report). PHMSA has received a request to extend
the comment period to allow stakeholders more time to evaluate the
notice. PHMSA has concurred with this request and has extended the
comment period for an additional 30 days.

DATES: The closing date for filing comments on the notice published
August 16, 2018, (83 FR 40843) is extended from September 17, 2018, to
October 17, 2018.

ADDRESSES: Comments should reference Docket No. PHMSA-2018-0050 and may
be submitted in the following ways:
    E-Gov Website: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except Federal holidays.

    Instructions: Identify the docket number, PHMSA-2018-0050, at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.).
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on PHMSA-
2018-0050.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to Federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
    Note: Privacy Act Statement: DOT may solicit comments from the
public regarding certain general notices. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For further information contact Mr.
Steve Nanney, Project Manager, PHMSA, by telephone at<PHONE_NUMBER>, or
by email at [email protected].

SUPPLEMENTARY INFORMATION: On August 16, 2018, (83 FR 40843) PHMSA
published a notice to seek public comments on a report developed to
support improvements in gas and hazardous liquid pipeline risk models.
Based on the results of pipeline inspections and failure investigation
findings, both PHMSA and the National Transportation Safety Board have
identified general weaknesses in the risk models often used by pipeline
operators in performing risk assessments for their integrity management
programs. The Pipeline Risk Modeling Report considers the major types
of pipeline risk models, and the effectiveness of each type in
supporting risk assessments, as applied to pipeline operator decisions.
    In an August 15, 2018, letter to PHMSA, the American Gas
Association, the American Petroleum Institute, the American Public Gas
Association, the Association of Oil Pipe Lines, and the Interstate
Natural Gas Association of America requested a 30-day extension of the
comment deadline to allow them and other interested stakeholders plan
their review of the notice.
    PHMSA has concurred with the Associations' request and has extended
the comment period as shown in the DATES section of this notice. This
extension will provide sufficient additional time for commenters to
submit their comments.

    Issued in Washington, DC, on August 24, 2018, under authority
delegated in 49 CFR 1.97.
Linda Daugherty,
Deputy Associate Administrator for Field Operations.
[FR Doc. 2018-18770 Filed 8-29-18; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Notices]
[Page 3684]
[FR Doc No: 2011-1080]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63711; File No. SR-ODD-2011-01]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Granting Approval of Accelerated Delivery of Supplement to the
Options Disclosure Document Reflecting Certain Changes to Disclosure
Regarding Credit Default Options in, and Making Certain Technical
Amendments to, the June 2007 Supplement to the Options Disclosure
Document

January 12, 2011.
    On October 25, 2010, The Options Clearing Corporation (``OCC'')
submitted to the Securities and Exchange Commission (``Commission''),
pursuant to Rule 9b-1 under the Securities Exchange Act of 1934
(``Act''),\1\ five preliminary copies of a supplement to amend and
restate the June 2007 Supplement to its options disclosure document
(``ODD'') to reflect certain changes to disclosure regarding credit
default options.\2\ The supplement also proposes certain technical
amendments.\3\ On December 21, 2010, the OCC submitted to the
Commission five definitive copies of the January 2011 Supplement.\4\
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    \1\ 17 CFR 240.9b-1.
    \2\ See letter from Jean M. Cawley, Senior Vice President and
Deputy General Counsel, OCC, to Sharon Lawson, Senior Special
Counsel, Division of Trading and Markets (``Division''), Commission,
dated October 22, 2010.
    \3\ See id.
    \4\ See letter from Jean M. Cawley, Senior Vice President and
Deputy General Counsel, OCC, to Sharon Lawson, Senior Special
Counsel, Division, Commission, dated December 20, 2010.
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    The ODD currently contains general disclosures on the
characteristics and risks of trading standardized options. The June
2007 Supplement amended the ODD to provide disclosure regarding credit
default options in response to the Commission's approval of Chicago
Board Options Exchange's (``CBOE'') proposal to list and trade credit
default options.\5\ In November 2010, the Commission approved a
proposed rule change that, among other things, permits the CBOE to list
credit default options that contemplate only a single credit event.\6\
The current proposed January 2011 Supplement amends the June 2007
Supplement disclosure to accommodate the listing of credit default
options that contemplate only a single credit event, as now permitted
under CBOE rules.\7\ In addition, the supplement proposes certain
technical amendments, as described below, to the June 2007 Supplement.
The January 2011 Supplement also restates the June 2007 Supplement, as
amended, in its entirety.
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    \5\ See Securities Exchange Act Release No. 55871 (June 6,
2007), 72 FR 32372 (June 12, 2007) (SR-CBOE-2006-84) (order
approving CBOE's proposed rules to list and trade credit default
options); and Securities Exchange Act Release No. 56275 (August 17,
2007), 72 FR 47097 (August 22, 2007) (SR-CBOE-2007-26) (order
approving CBOE's proposed rules to list and trade credit default
basket options).
    \6\ See Securities Exchange Act Release No. 63352 (November 19,
2010), 75 FR 73155 (November 29, 2010) (SR-CBOE-2010-046) (order
approving proposed rule change to amend certain rules pertaining to
credit options).
    \7\ The proposed January 2011 Supplement amends and restates the
June 2007 Supplement to the February 1994 version of the booklet
entitled ``Characteristics and Risks of Standardized Options.''
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    Specifically, the proposed supplement to the June 2007 Supplement
deletes the summary of the disclosure regarding the characteristics and
risks of credit default options because this summary had previously
been added to the ODD by the May 2010 Supplement. In addition, the
proposed supplement amends the June 2007 Supplement to clarify that a
listing options market has the ability to specify only a single credit
event for automatic exercise of a series of credit default options, in
addition to multiple credit events which were already disclosed in the
June 2007 Supplement. Further, the OCC is proposing to make technical
changes to the June 2007 Supplement by replacing the term ``booklet''
with ``Booklet,'' and to clarify the place in the ODD where the section
entitled ``Credit Default Options and Credit Default Basket Options''
is inserted. The proposed supplement is intended to be read in
conjunction with the more general ODD, which discusses the
characteristics and risks of options generally.\8\
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    \8\ The Commission notes that the options markets must continue
to ensure that the ODD is in compliance with the requirements of
Rule 9b-1(b)(2)(i) under the Act, 17 CFR 240.9b-1(b)(2)(i),
including when changes regarding credit default options are made in
the future. Any future changes to the rules of the options markets
concerning credit default options would need to be submitted to the
Commission under Section 19(b) of the Act. 15 U.S.C. 78s(b).
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    Rule 9b-1(b)(2)(i) under the Act \9\ provides that an options
market must file five copies of an amendment or supplement to the ODD
with the Commission at least 30 days prior to the date definitive
copies are furnished to customers, unless the Commission determines
otherwise, having due regard to the adequacy of information disclosed
and the public interest and protection of investors.\10\ In addition,
five copies of the definitive ODD, as amended or supplemented, must be
filed with the Commission not later than the date the amendment or
supplement, or the amended ODD, is furnished to customers. The
Commission has reviewed the proposed supplement and amendment and
finds, having due regard to the adequacy of the information disclosed
and the public interest and protection of investors, that they may be
furnished to customers as of the date of this order.
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    \9\ 17 CFR 240.9b-1(b)(2)(i).
    \10\ This provision permits the Commission to shorten or
lengthen the period of time which must elapse before definitive
copies may be furnished to customers.
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    It is therefore ordered, pursuant to Rule 9b-1 under the Act,\11\
that definitive copies of the January 2011 Supplement and amendment to
the ODD (SR-ODD-2011-01), reflecting changes to disclosure regarding
credit default options and technical changes to the ODD, may be
furnished to customers as of the date of this order.
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    \11\ 17 CFR 240.9b-1.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(39).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1080 Filed 1-19-11; 8:45 am]
BILLING CODE 8011-01-P