[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Rules and Regulations]
[Page 12648-12651]
[DOCID:fr25mr09-30]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are
finalized for the communities listed below. These modified BFEs will be
used to calculate flood insurance premium rates for new buildings and
their contents.

DATES: The effective dates for these modified BFEs are indicated on the
following table and revise the Flood Insurance Rate Maps (FIRMs) in
effect for the listed communities prior to this date.

ADDRESSES: The modified 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: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Mitigation Division Director of FEMA resolved any
appeals resulting from this notification.
    The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFEs determinations are
available for inspection.
    The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by other
Federal, State, or regional entities.
    These modified BFEs are used to meet the floodplain management
requirements of the NFIP and are also used to calculate the appropriate
flood insurance premium rates for new buildings built after these
elevations are made final, and for the contents in these buildings. The
changes in BFEs are in accordance with 44 CFR 65.4.
    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,
Federalism.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the

applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 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.  65.4   [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                              Date and name of
         State and county           Location and Case No.     newspaper where     Chief executive officer of    Effective date of       Community No.
                                                            notice was published           community               modification
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Arizona: Cochise (FEMA Docket No:   Unincorporated areas   July 31, 2008, August  The Honorable Richard       September 2, 2008....  040012
 B-1005).                            of Cochise County      7, 2008, Sierra        Searle, Chairman, Cochise
                                     (06-09-B939P).         Vista Herald.          County Board of
                                                                                Supervisors, 1415 West
                                                                                Melody Lane, Building G,
                                                                                Bisbee, AZ 85603.
Arizona: Cochise (FEMA Docket No:   City of Sierra Vista   July 31, 2008, August  The Honorable Bob Strain,   September 2, 2008....  040017
 B-1005).                            (06-09-B939P).         7, 2008, Sierra        Mayor, City of Sierra
                                                            Vista Herald.          Vista, 1011 North
                                                                                Coronado Drive, Sierra
                                                                                Vista, AZ 85635.
Arizona: Pima (FEMA Docket No: B-   Unincorporated areas   August 7, 2008,        The Honorable Richard       July 21, 2008........  040073
 1005).                              of Pima County (08-    August 14, 2008, The   Elias, Chairman, Pima
                                     09-0454P).             Daily Territorial.     County Board of
                                                                                Supervisors, 130 West
                                                                                Congress, 11th Floor,
                                                                                Tucson, AZ 85701.
Arizona: Pima (FEMA Docket No: B-   City of Tucson (08-09- August 7, 2008,        The Honorable Bob Walkup,   July 21, 2008........  040076
 1005).                              0454P).                August 14, 2008, The   Mayor, City of Tucson,
                                                            Daily Territorial.     P.O. Box 27210, Tucson,
                                                                                AZ 85726.
Arizona: Santa Cruz (FEMA Docket    Unincorporated areas   September 5, 2008,     The Honorable Manny Ruiz,   January 12, 2009.....  040090
 No: B-1011).                        of Santa Cruz County   September 12, 2008,    Chairman, Santa Cruz
                                     (07-09-1052P).         Nogales                County Board of
                                                            International.         Supervisors, 2150 North
                                                                                Congress Drive, Nogales,
                                                                                AZ 85621.
Arizona: Yavapai (FEMA Docket No:   Unincorporated areas   September 17, 2008,    The Honorable Chip Davis,   October 6, 2008......  040093
 B-1011).                            of Yavapai County      September 24, 2008,    Chairman, Yavapai County
                                     (08-09-1638P).         Prescott Daily         Board of Supervisors,
                                                            Courier.               1015 Fair Street,
                                                                                Prescott, AZ 86305.
California: San Bernadino (FEMA     City of San Bernadino  February 14, 2008,     The Honorable Patrick J.    January 31, 2008.....  060281
 Docket No: B-1027).                 (07-09-1656P).         February 21, 2008,     Morris, Mayor, City of
                                                            San Bernadino County   San Bernadino, 300 North
                                                            Sun.                   ``D'' Street, San
                                                                                Bernardino, CA 92418.
California: San Diego (FEMA Docket  Unincorporated areas   August 18, 2008,       The Honorable Greg Cox,     December 23, 2008....  060284
 No: B-1008).                        of San Diego County    August 25, 2008, San   Chairman, San Diego
                                     (08-09-0782P).         Diego Union-Tribune.   County Board of
                                                                                Supervisors, 1600 Pacific
                                                                                Highway, Room 335, San
                                                                                Diego, CA 92101.
Colorado: Douglas (FEMA Docket No:  Unincorporated areas   September 4, 2008,     The Honorable Melanie A.    January 9, 2008......  080049
 B-1015).                            of Douglas County      September 11, 2008,    Worley, Chair, Douglas
                                     (08-08-0334P).         Douglas County News-   County Board of
                                                            Press.                 Commissioners, 100 Third
                                                                                Street, Castle Rock, CO
                                                                                80104.
Colorado: Douglas (FEMA Docket No:  Unincorporated areas   September 4, 2008,     The Honorable Melanie A.    August 21, 2008......  080049
 B-1015).                            of Douglas County      September 11, 2008,    Worley, Chairman, Douglas
                                     (08-08-0607P).         Douglas County News-   County Board of
                                                            Press.                 Commissioners, 100 Third
                                                                                Street, Castle Rock, CO
                                                                                80104.
Colorado: Douglas (FEMA Docket No:  Town of Parker (08-08- September 4, 2008,     The Honorable David         January 9, 2008......  080310
 B-1015).                            0334P).                September 11, 2008,    Casiano, Mayor, Town of
                                                            Douglas County News-   Parker, 20120 East Main
                                                            Press.                 Street, Parker, CO 80138-
                                                                                7334.
Colorado: El Paso (FEMA Docket No:  City of Colorado       September 2, 2008,     The Honorable Lionel        August 15, 2008......  080060
 B-1008).                            Springs (07-08-        September 9, 2008,     Rivera, Mayor, City of
                                     0958P).                The Gazette.           Colorado Springs, P.O.
                                                                                Box 1575, Colorado
                                                                                Springs, CO 80901.
Florida: Dixie (FEMA Docket No: B-  Town of Horseshoe      January 31, 2008,      The Honorable George T.     March 19, 2008.......  120326
 1027).                              Beach (08-04-0954P)    February 7, 2008,      Kight, Mayor, Town of
                                     (08-04-2115X).         Dixie County           Horseshoe Beach, P.O. Box
                                                            Advocate.              86, Horseshoe Beach, FL
                                                                                32648.
Georgia: Athens-Clarke (FEMA        Unincorporated areas   September 12, 2008,    The Honorable Heidi         August 29, 2008......  130040
 Docket No: B-1011).                 of Athens-Clarke       September 19, 2008,    Davison, Mayor, Athens-
                                     County (08-04-4142P).  Athens Banner Herald.  Clarke County, 235 Wells
                                                                                Drive, Athens, GA 30606.
Georgia: DeKalb (FEMA Docket No: B- Unincorporated areas   September 18, 2008,    The Honorable Vernon        August 29, 2008......  130065
 1011).                              of DeKalb County (08-  September 25, 2008,    Jones, Chief Executive
                                     04-3686P).             The Champion.          Officer, DeKalb County,
                                                                                1300 Commerce Drive,
                                                                                Decatur, GA 30030.
Georgia: Muscogee County            City of Columbus--     May 21, 2008, May 29,  The Honorable Jim           August 25, 2008......  135158
 Consolidated Government (FEMA       Muscogee County        2008, The Columbus     Wetherington, Mayor, City
 Docket No: B-1023).                 Consolidated           Times.                 of Columbus--Muscogee
                                     Government (08-04-                            County Consolidated
                                     3155P).                                       Government, P.O. Box
                                                                                1340, Columbus, GA 31902.
Hawaii: Honolulu (FEMA Docket No:   City and County of     July 14, 2008, July    The Honorable Mufi          November 18, 2008....  150001
 B-1027).                            Honolulu (08-09-       21, 2008, Honolulu     Hannemann, Mayor, City
                                     0558P).                Star Bulletin.         and County of Honolulu,
                                                                                530 South King Street,
                                                                                Room 300, Honolulu, HI
                                                                                96813.
Idaho: Blaine (FEMA Docket No: B-   Unincorporated areas   September 17, 2008,    The Honorable Tom Bowman,   August 29, 2008......  165167
 1011).                              of Blaine County (08-  September 24, 2008,    Chairman, Blaine County
                                     10-0169P).             Idaho Mountain         Board of Commissioners,
                                                            Express.               206 First Street South
                                                                                Suite 300, Hailey, ID
                                                                                83333.
Illinois: Will (FEMA Docket No: B-  Village of Shorewood   August 12, 2008,       The Honorable Richard E.    July 31, 2008........  170712
 1005).                              (08-05-1099P).         August 19, 2008, The   Chapman, Village
                                                            Herald News.           President, Village of
                                                                                Shorewood, One Towne
                                                                                Center Boulevard,
                                                                                Shorewood, IL 60404.

Maine: Lincoln (FEMA Docket No: B-  Town of Southport (08- September 18, 2008,    The Honorable Gerald        August 26, 2008......  230221
 1015).                              01-0451P).             September 25, 2008,    Gamage, First Selectman,
                                                            Boothbay Register.     Town of Southport, P.O.
                                                                                Box 149, Southport, ME
                                                                                04576.
Maine: Waldo (FEMA Docket No: B-    Town of Lincolnville   September 18, 2008,    The Honorable Rosendel      August 29, 2008......  230172
 1019).                              (08-01-0911P).         September 25, 2008,    Gerry, Selectman, Town of
                                                            The Republican         Lincolnville, 493 Hope
                                                            Journal.               Road, Lincolnville, ME
                                                                                04849.
Massachusetts: Worcester (FEMA      Town of Westborough    September 16, 2008,    The Honorable George        September 26, 2008...  250344
 Docket No: B-1015).                 (08-01-0865P).         September 23, 2008,    Thompson, Chairman, Town
                                                            Worcester Telegram &   of Westborough, Board of
                                                            Gazette.               Selectmen, 34 West Main
                                                                                Street, Westborough, MA
                                                                                01581.
Mississippi: Madison (FEMA Docket   Unincorporated areas   August 14, 2008,       The Honorable Timothy L.    December 22, 2008....  280228
 No: B-1019).                        of Madison County      August 21, 2008,       Johnson, President,
                                     (07-04-5199P).         Madison County         Madison County Board of
                                                            Journal.               Supervisors, P.O. Box
                                                                                608, Canton, MS 39046.
Nevada: Clark (FEMA Docket No: B-   Unincorporated areas   September 23, 2008,    The Honorable Rory Reid,    October 14, 2008.....  320003
 1015).                              of Clark County (07-   September 30, 2008,    Chair, Clark County Board
                                     09-0831P).             Las Vegas Review-      of Commissioners, 500
                                                            Journal.               South Grand Central
                                                                                Parkway, Las Vegas, NV
                                                                                89106.
New Jersey: Passaic (FEMA Docket    Township of Little     April 4, 2008, April   The Honorable Eugene        August 11, 2008......  340401
 No: B-1023).                        Falls (08-02-0616P).   11, 2008, Herald       Kulick, Mayor, Township
                                                            News.                  of Little Falls, 225 Main
                                                                                Street, Little Falls, NJ
                                                                                07424.
New Mexico: Dona Ana (FEMA Docket   City of Las Cruces     September 5, 2008,     The Honorable Ken           August 25, 2008......  355332
 No: B-1011).                        (08-06-1760P).         September 12, 2008,    Miyagishima, Mayor, City
                                                            Las Cruces Bulletin.   of Las Cruces, P.O. Box
                                                                                20000, Las Cruces, NM
                                                                                88004.
North Carolina: Alamance (FEMA      City of Burlington     August 8, 2008,        The Honorable Ronnie K.     December 15, 2008....  370002
 Docket No. B-1005).                 (07-04-6274P).         August 15, 2008, The   Wall, Mayor, City of
                                                            Times-News.            Burlington, Municipal
                                                                                Building, P.O. Box 1358,
                                                                                425 South Lexington
                                                                                Avenue, Burlington, NC
                                                                                27216.
North Carolina: Orange (FEMA        Orange County          August 15, 2008,       Mr. Barry Jacobs, Chair,    December 22, 2008....  370342
 Docket No.: B-1011).                (Unincorporated        August 22, 2008,       Board of Commissioners,
                                     Areas) (08-04-1666P).  Chapel Hill Herald.    Orange County, 2105
                                                                                Moorefields Road,
                                                                                Hillsborough, North
                                                                                Carolina 27278.
Ohio: Franklin (FEMA Docket No: B-  City of Columbus (07-  August 21, 2008,       The Honorable Michael B.    December 26, 2008....  390170
 1011).                              05-3141P).             August 28, 2008, The   Coleman, Mayor, City of
                                                            Columbus Dispatch.     Columbus, 90 West Broad
                                                                                Street, Columbus, OH
                                                                                43215.
Ohio: Franklin (FEMA Docket No: B-  Unincorporated areas   August 21, 2008,       The Honorable Mary Jo       December 26, 2008....  390167
 1011).                              of Franklin County     August 28, 2008, The   Kilroy, President,
                                     (07-05-3141P).         Columbus Dispatch.     Franklin County Board of
                                                                                Commissioners, 373 South
                                                                                High Street, 26th Floor,
                                                                                Columbus, OH 43215.
Ohio: Franklin (FEMA Docket No: B-  City of Grove City     August 21, 2008,       The Honorable Richard L.    December 26, 2008....  390173
 1011).                              (07-05-3141P).         August 28, 2008, The   Stage, Mayor, City of
                                                            Columbus Dispatch.     Grove City, 4035 Broadway
                                                                                Street, Grove City, OH
                                                                                43123.
Oklahoma: Carter (FEMA Docket No:   City of Ardmore (08-   July 17, 2008, July    The Honorable Martin Dyer,  November 21, 2008....  400031
 B-1027).                            06-1238P).             24, 2008, Daily        Mayor, City of Ardmore,
                                                            Ardmoreite.            P.O. Box 249, Ardmore, OK
                                                                                73402.
South Carolina: Sumter (FEMA        Unincorporated areas   September 10, 2008,    The Honorable William T.    January 15, 2009.....  450182
 Docket No: B-1015).                 of Sumter County (08-  September 17, 2008,    Noonan, Sumter County
                                     04-5092P).             The Item.              Administrator, 13 East
                                                                                Canal Street, Sumter, SC
                                                                                29150.
Tennessee: Knox (FEMA Docket No: B- Unincorporated areas   August 13, 2008,       The Honorable Mike          September 2, 2008....  475433
 1005).                              of Knox County (08-    August 20, 2008, The   Ragsdale, Mayor, Knox
                                     04-3371P).             Knoxville News-        County, 400 Main Street,
                                                            Sentinel.              Suite 615, Knoxville, TN
                                                                                37902.
Texas: Bexar (FEMA Docket No: B-    City of San Antonio    September 5, 2008,     The Honorable Phil          January 12, 2009.....  480045
 1011).                              (07-06-2565P).         September 12, 2008,    Hardberger, Mayor, City
                                                            San Antonio Express    of San Antonio, P.O. Box
                                                            News.                  839966, San Antonio, TX
                                                                                78283.
Texas: Collin (FEMA Docket No: B-   Town of Prosper (08-   September 11, 2008,    The Honorable Charles       August 29, 2008......  480141
 1011).                              06-0479P).             September 18, 2008,    Niswanger, Mayor, Town of
                                                            Dallas Morning News.   Prosper, P.O. Box 307,
                                                                                Prosper, TX 75078.
Texas: Dallas (FEMA Docket No: B-   City of Desoto (08-06- August 1, 2008,        The Honorable Bobby         November 28, 2008....  480172
 1005).                              0205P).                August 8, 2008,        Waddle, Mayor, City of
                                                            Focus Daily News.      Desoto, 211 East Pleasant
                                                                                Run Road, Desoto, TX
                                                                                75115.
Texas: Guadalupe (FEMA Docket No:   City of Cibolo (08-06- August 20, 2008,       The Honorable Jennifer      December 26, 2008....  480267
 B-1008).                            0784P).                August 27, 2008,       Hartman, Mayor, City of
                                                            Seguin Gazette-        Cibolo, P.O. Box 826,
                                                            Enterprise.            Cibolo, TX 78108-0826.
Texas: Palo Pinto and Parker (FEMA  City of Mineral Wells  September 2, 2008,     The Honorable Clarence      January 7, 2009......  480517
 Docket No: B-1008).                 (08-06-2504P).         September 9, 2008,     Holliman, Mayor, City of
                                                            Mineral Wells Index.   Mineral Wells, 115
                                                                                Southwest First Street,
                                                                                Mineral Wells, TX 76067.
Texas: Tarrant and Denton (FEMA     City of Fort Worth     September 5, 2008,     The Honorable Mike J.       August 19, 2008......  480596
 Docket No: B-1011).                 (08-06-2456P).         September 12, 2008,    Moncrief, Mayor, City of
                                                            Fort Worth Star-       Fort Worth, 1000
                                                            Telegram.              Throckmorton Street, Fort
                                                                                Worth, TX 76102.
Texas: Tarrant (FEMA Docket No: B-  City of Arlington (07- March 6, 2008, March   The Honorable Robert        July 11, 2008........  485454
 1027).                              06-0980P).             13, 2008, Star         Cluck, M.D., Mayor, City
                                                            Telegram.              of Arlington, 101 West
                                                                                Abram Street, Arlington,
                                                                                TX 76004-0231.
Texas: Tarrant (FEMA Docket No: B-  City of Fort Worth     September 5, 2008,     The Honorable Mike J.       January 12, 2009.....  480596
 1011).                              (07-06-0534P).         September 12, 2008,    Moncrief, Mayor, City of
                                                            Fort Worth Star        Fort Worth, 1000
                                                            Telegram.              Throckmorton Street, Fort
                                                                                Worth, TX 76102.
Texas: Tarrant (FEMA Docket No: B-  City of Fort Worth     May 1, 2008, May 8,    The Honorable Mike J        April 28, 2008.......  480596
 1027).                              (07-06-0931P).         2008, Fort Worth       Moncrief, Mayor, City of
                                                            Star Telegram.         Fort Worth, 1000
                                                                                Throckmorton Street, Fort
                                                                                Worth, TX 76102.
Texas: Tarrant (FEMA Docket No: B-  City of Fort Worth     May 1, 2008, May 8,    The Honorable Mike J        September 11, 2008...  480596
 1027).                              (08-06-0542P).         2008, Fort Worth       Moncrief, Mayor, City of
                                                            Star Telegram.         Fort Worth, 1000
                                                                                Throckmorton Street, Fort
                                                                                Worth, TX 76102.

Texas: Tarrant (FEMA Docket No: B-  City of Fort Worth     July 24, 2008, July    The Honorable Mike J        November 21, 2008....  480596
 1027).                              (08-06-1494P).         31, 2008, Fort Worth   Moncrief, Mayor, City of
                                                            Star Telegram.         Fort Worth, 1000
                                                                                Throckmorton Street, Fort
                                                                                Worth, TX 76102.
Texas: Tarrant (FEMA Docket No: B-  Unincorporated areas   May 1, 2008, May 8,    The Honorable B. Glen       September 11, 2008...  480582
 1027).                              of Tarrant County      2008, Fort Worth       Whitley, Tarrant County
                                     (08-06-0542P).         Star Telegram.         Judge, 100 East
                                                                                Weatherford Street, Suite
                                                                                501, Fort Worth, TX 76196.
Texas: Tarrant (FEMA Docket No: B-  Unincorporated areas   July 24, 2008, July    The Honorable Glen          November 21, 2008....  480582
 1027).                              of Tarrant County      31, 2008, Fort Worth   Whitley, Tarrant County
                                     (08-06-1494P).         Star Telegram.         Judge, 100 East
                                                                                Weatherford, Suite 501,
                                                                                Fort Worth, TX 76196.
Texas: Webb (FEMA Docket No: B-     City of Laredo (08-06- July 4, 2008, July     The Honorable Raul G.       November 10, 2008....  480651
 1023).                              0322P).                11, 2008, Laredo       Salinas, Mayor, City of
                                                            Morning Times.         Laredo, 1110 Houston
                                                                                Street, Laredo, TX 78040.
Utah: Washington (FEMA Docket No:   City of St. George     July 3, 2008, July     The Honorable Daniel D.     November 7, 2008.....  490177
 B-1023).                            (08-08-0509P).         10, 2008, The          McArthur, Mayor, City of
                                                            Spectrum.              St. George, 175 East 200
                                                                                North, St. George, UT
                                                                                84770.
Virginia: Fauquier (FEMA Docket     Unincorporated areas   August 13, 2008,       The Honorable Chester       July 31, 2008........  510055
 No: B-1005).                        of Fauquier County     August 20, 2008,       Stribling, Chairman,
                                     (08-03-0544P).         Fauquier Times         Board of Supervisors,
                                                            Democrat.              Fauquier County, 10 Hotel
                                                                                Street, Warrenton, VA
                                                                                20186.
Virginia: Roanoke (FEMA Docket No:  Unincorporated areas   August 15, 2008,       The Honorable Richard       December 22, 2008....  510190
 B-1008).                            of Roanoke County      August 22, 2008, The   Flora, Chairman, Roanoke
                                     (08-03-0782P).         Roanoke Times.         County Board of
                                                                                Supervisors, P.O. Box
                                                                                29800, Roanoke, VA 24018.
Washington: King (FEMA Docket No:   City of Burien (07-10- September 8, 2008,     The Honorable Joan          January 13, 2009.....  530321
 B-1011).                            0686P).                September 15, 2008,    McGilton, Mayor, City of
                                                            The Seattle Times.     Burien, 15811 Ambaum
                                                                                Boulevard Southwest,
                                                                                Suite C, Burien, WA 98168.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: February 6, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6579 Filed 3-24-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: August 30, 2007 (Volume 72, Number 168)]
[Notices]
[Page 50107-50108]
[DOCID:fr30au07-33]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8462-4; Docket ID No. EPA-HQ-ORD-2005-0029]

Draft Integrated Science Assessment for Oxides of Nitrogen--
Health Criteria

AGENCY: Environmental Protection Agency.

ACTION: Notice of public comment period on draft Integrated Science
Assessment for Oxides of Nitrogen--Health Criteria.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
the public comment period for the draft document titled, ``Integrated
Science Assessment for Oxides of Nitrogen--Health Criteria; First
External Review Draft'' (EPA/600/R-07/099). The draft document was
prepared by the National Center for Environmental Assessment within
EPA's Office of Research and Development as part of the Agency's review
of the air quality criteria for oxides of nitrogen and the primary
(health-based) national ambient air quality standards (NAAQS) for
nitrogen dioxide (NO2).
    EPA is releasing this draft document solely for the purpose of
seeking comment from the public and the Clean Air Scientific Advisory
Committee (CASAC). It does not represent and should not be construed to
represent any Agency policy, viewpoint, or determination. EPA will
consider any public comments submitted in accordance with this notice
when revising the document.

DATES: The public comment period begins on or about August 31, 2007.
Comments must be received on or before October 31, 2007.

ADDRESSES: The draft ``Integrated Science Assessment for Oxides of
Nitrogen; First External Review Draft'' will be available primarily via
the Internet on the National Center for Environmental Assessment's home
page under the Recent Additions and Publications menus at http://www.epa.gov/ncea.
 A limited number of CD-ROM or paper copies will be

available. Contact Ms. Emily Lee by phone<PHONE_NUMBER>, fax 919-541-
1818, or e-mail<EMAIL_ADDRESS>to request either of these, and
please provide your name, your mailing address, and the draft document
title, ``Integrated Science Assessment for Oxides of Nitrogen; First
External Review Draft'' (EPA/600/R-07/099) to facilitate processing of
your request. Comments may be submitted electronically via
http://www.regulations.gov, by mail, by facsimile, or by hand delivery/

courier. Please follow the detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For further information, contact Ms.
Emily Lee, NCEA; telephone:<PHONE_NUMBER>, facsimile:<PHONE_NUMBER>, or
e-mail<EMAIL_ADDRESS>For technical information, contact Dennis
Kotchmar, Ph.D., NCEA; telephone:<PHONE_NUMBER>; facsimile: 919-541-
1818; or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About the Document

    Section 108(a) of the Clean Air Act directs the Administrator to
identify certain pollutants which ``may reasonably be anticipated to
endanger public health and welfare'' and to issue air quality criteria
for them. These air quality criteria are to ``accurately reflect the
latest scientific knowledge useful in indicating the kind and extent of
all identifiable effects on public health or welfare which may be
expected from the presence of [a] pollutant in the ambient air, * *
*.'' Under section 109 of the Act, EPA is then to establish national
ambient air quality standards (NAAQS) for each pollutant for which EPA
has issued criteria. Section 109(d) of the Act subsequently requires
periodic review and, if appropriate, revision of existing air quality
criteria to reflect advances in scientific knowledge on the effects of
the pollutant on public health and welfare. EPA is also to revise the
NAAQS, if appropriate, based on the revised air quality criteria.
    Oxides of nitrogen are one of six principal (or ``criteria'')
pollutants for which EPA has established air quality criteria and
NAAQS. EPA periodically reviews the scientific basis for these
standards by preparing an Integrated Science Assessment (ISA) (formerly
called an Air Quality Criteria Document). The ISA and supplementary
annexes, in conjunction with additional technical and policy
assessments, provide the scientific basis for EPA decisions on the
adequacy of a current NAAQS and the appropriateness of new or revised
standards. The Clean Air Scientific Advisory Committee (CASAC), an
independent science advisory committee established pursuant to section
109 of the Clean Air Act and part of the EPA's Science Advisory Board
(SAB), provides independent scientific advice on NAAQS matters,
including advice on EPA's draft ISAs.
    On December 9, 2005 (70 FR 236), EPA formally initiated its current
review of the criteria for oxides of nitrogen, requesting the
submission of recent scientific information on specified topics. A
draft of EPA's ``Integrated Plan for Review of the Primary National
Ambient Air Quality Standard'' was made available in February 2007 for
public comment and was discussed by the Clean Air Science Advisory
Committee (CASAC) via a publicly accessible teleconference consultation
on May 11, 2007 (72 FR 20336). The Plan is being finalized and will be
made available on EPA's Web site (http://www.epa.gov/ttn/naags/standards/nox/s_nox_cr_pd.html
). In February 2007 (72 FR 6238), a

workshop was held to discuss, with invited scientific experts, initial
draft materials prepared in the development of the ISA and
supplementary annexes for oxides of nitrogen.
    The draft ``Integrated Science Assessment for Oxides of Nitrogen;
First External Review Draft'' will be discussed by CASAC at a future
public meeting; public comments that have been received prior to the
public meeting will be provided to the CASAC review panel. A future
Federal Register notice will inform the public of the exact date and
time of that CASAC meeting.

II. How To Submit Information to the Docket

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2007-
0029 by one of the following methods:
     http://www.regulations.gov: Follow the online instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection

Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone
number is<PHONE_NUMBER>.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    If you provide comments by mail or hand delivery, please submit one
unbound original with pages numbered consecutively, and three copies of
the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0029. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at
http://www.regulations.gov, including any personal information provided,

unless a comment includes information claimed to be confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the EPA

Headquarters Docket Center.

    Dated: August 23, 2007.
Peter W. Preuss,
Director, National Center for Environmental Assessment.
 [FR Doc. E7-17198 Filed 8-29-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49311-49313]
[FR Doc No: 2013-19510]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70132; File No. SR-ISE-2013-38]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Approving Proposed Rule Change Related to Market Maker Risk
Parameters and Complex Orders

August 7, 2013.

I. Introduction

    On June 5, 2013, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (the ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change related to market maker risk
parameters and complex orders. The proposed rule change was published
for comment in the Federal Register on June 24, 2013.\3\ The Commission
received no comments on the proposal. This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 69782 (June 18,
2013), 78 FR 37870 (June 24, 2013) (SR-ISE-2013-38) (the
``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend ISE Rule 722 and ISE Rule 804 to
make it mandatory for market makers to enter values into all four of
the quotation risk management parameters for all options classes in
which they enter quotes. These risk management parameters are available
for market maker quotes in single options series and for market maker
quotes in complex instruments on the complex order book. Market makers
may establish a time frame during which the system calculates: (1) The
number of contracts executed by the market maker in an options class;
(2) the percentage of the total size of the market maker's quotes in
the class that has been executed; (3) the absolute value of the net
between contracts bought and contracts sold in an options class, and
(4) the absolute value of the net between (a) calls purchased plus puts
sold, and (b) calls sold plus puts purchased. The market maker
establishes limits for each of these four parameters, and when the
limits are exceeded within the prescribed time frame, the market makers
quotes are removed.
    The Exchange notes that all ISE market makers currently use the
risk management parameters when entering quotes but may inadvertently
enter quotes without populating one or more of the parameters, and
thereby be exposed to more financial risk than intended. The Exchange
indicates that, in order to forestall such an occurrence, ISE market
makers requested that the trading system be modified to reject a quote
if a value for any of the four risk management parameters for the
options class is missing. While entering values into the quotation risk
parameters would be mandatory to prevent an inadvertent exposure to
financial risk, the Exchange notes that market makers that prefer to
use their own risk-management systems could simply enter values that
assure the Exchange-provided parameters will not be triggered.\4\
Accordingly, the proposal requires that the fields for the quotation
risk management parameters be populated, but does not require that
members substantively or qualitatively manage their risk using the
Exchange-provided tools.
---------------------------------------------------------------------------

    \4\ For example, a market maker could set the value for the
total number of contracts executed in a class at a level that
exceeds the total number of contracts the market maker actually
quotes in an options class.
---------------------------------------------------------------------------

    The Exchange also proposes to amend ISE Rule 722 to limit a market
maker's financial risk exposure as it relates to the calculation of the
aforementioned ISE Rule 804 risk parameters and complex orders legging-
into the regular market.\5\ Specifically, the Exchange

proposes to limit the legging functionality to complex orders with no
more than either two or three legs, as determined by the Exchange on a
class basis.\6\ In the Notice, the Exchange explains that because the
execution of each leg of a complex order is contingent on the execution
of the other legs and the execution of all the legs in the regular
market is processed as a single transaction, not as a series of
individual transactions, the legging-in of complex orders presents
higher risk to market makers compared to regular orders being entered
in multiple series of an options class in the regular market and may
cause market makers to exceed the established risk parameters by a
greater number of contracts. The Exchange also notes that because the
potential to exceed the intended risk parameters is directly
proportional to the number of legs associated with a complex order, ISE
market makers have requested that the Exchange prevent complex orders
from legging into the market if they have a large number of legs. The
Exchange believes that because 85% of all complex orders have only two
legs, and very few complex orders are entered with more than three
legs, the potential risk to market makers in the regular market far
out-weighs the potential benefit of offering such functionality to a
very limited number of orders.
---------------------------------------------------------------------------

    \5\ Pursuant to ISE Rule 722(b)(3)(ii), complex orders may be
executed against bids and offers on the Exchange for the individual
legs of the complex order, provided the complex order can be
executed while maintaining a permissible ratio by such bids and
offers.
    \6\ The Exchange states that it will issue a circular to members
identifying the options classes for which legging is limited to
complex orders with two legs and those for which legging is limited
to complex order with three legs. The Exchange also states that it
will provide members with reasonable notice prior to changing the
limit applicable to an options class.
---------------------------------------------------------------------------

    The Exchange also notes that complex orders with more than three
legs (in some cases more than two legs) that could leg into the market
except for the proposed limitation will be available for execution on
the complex order book. The Exchange states that the execution priority
rules contained in ISE Rule 722(b)(2) often prevent the execution of
complex orders that might otherwise be executable because legs of a
complex order cannot be executed at the same price as a Priority
Customer Order in the regular market unless another leg of the order is
executed at a price that is better than the best price in the regular
market.\7\ In other words, if there is a Priority Customer Order on the
book in one or more of the series of a complex order, the net price of
the complex order has to improve upon the price that would be available
if the complex order legged-into the market. Thus, currently there can
be complex orders resting on the book that cannot leg-into the market
because the permissible ratio cannot be satisfied by the bids and
offers in the regular market or because there are Priority Customer
Orders in the regular market in one or more of the series of the
complex order that prevent its execution. The Exchange believes that
preventing orders with more than three legs (in some cases more than
two legs) from legging-into the market would not create any unusual
circumstances on the complex order book. The Exchange also notes that
the priority of complex orders on the complex order book will not be
impacted by the proposed rule change.\8\
---------------------------------------------------------------------------

    \7\ Pursuant to ISE Rule 100(a)(37A) and (37B), a Priority
Customer Order is an order for the account of a person or entity
that (i) is not a broker or dealer in securities, and (ii) does not
place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
    \8\ For example, if there are multiple complex orders for the
same strategy at the same price with four or more legs, they will be
executed pursuant to Rule 722(b)(3) (i.e., in time priority or pro-
rata bases on size (with or without Priority Customer priority)).
---------------------------------------------------------------------------

    In the Notice, the Exchange states that checking the risk
management parameters following each execution in an options series
allows market makers to provide liquidity across multiple series of an
options class while mitigating the risk of executing the full
cumulative size of all such quotes; however this is not the case when a
complex order legs-into the market.

III. Discussion

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\9\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\10\ which requires, among
other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest; and are not designed to permit unfair discrimination between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes the proposal is designed to provide market
makers with a risk management tool to assist managing the financial
exposure of market makers which in turn could enhance the integrity of
trading on the securities markets and help to assure the stability of
the financial system. The Commission believes that greater assurances
related to the management of financial risk exposure could enable
market makers to enter quotations with larger size, which in turn could
benefit investors through increased liquidity for the execution of
their orders, and that such increased liquidity could benefits
investors by improving prices and lowering volatility in the options
market.
    As discussed above, the proposed rule change is designed to protect
market makers from exposure to inadvertent, excessive risk by modifying
the trading system to automatically reject quotations unless values are
entered for all four risk management parameters for all options classes
in which quotes are entered. ISE asserts that all market makers
currently utilize the Exchange provided risk management tool; and the
catalyst for the instant proposal was a request from market makers that
the entry of values into all four risk management parameters be made
mandatory to avoid inadvertent error that could result in unintended
financial exposure during quote entry. In addition, while market makers
must populate the all risk management parameters in order to have their
quotations accepted by the trading system, they may enter values in the
parameters which effectively permit them to bypass the Exchange
provided risk management tool in favor of a different, preferred risk
management solution.
    In addition, the proposed rule change is designed to mitigate the
financial risk associated with complex orders that leg-into the regular
market. Specifically, the proposed rule change would limit the legging
functionality to complex order with no more than two or three legs, as
determined by the Exchange on a class basis. The Exchange represents
that it will provide reasonable prior notice via a circular to members
that identifies the applicable options classes for which legging is
limited to complex orders with two legs and those for which legging is
limited to complex order with three legs. The Exchange notes that 85%
of all complex orders only have two orders and very few complex orders
have more than three legs, thus the vast majority of complex orders
would be unaffected by this limitation. The Exchange also opined that
market maker liquidity in the regular market may be limited as a result
of the potential risk

of offering legging functionality for complex orders with more than
three legs (in some cases with more than two legs). In particular, the
Exchange notes that market makers may reduce the size of their
quotations in the regular market because of the risk of executing the
cumulative size of their quotations across multiple options series
without an opportunity to adjust their quotes. Thus, the Exchange
posits that limiting the legging functionality to orders with no more
than three legs (in some cases with no more than two legs) could
encourage market makers to add liquidity to the regular market which
would in turn benefit investors.
    Accordingly, the Commission believes that the proposed rule change
is consistent with Section 6(b)(5) of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(5)
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-ISE-2013-38) is approved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-19510 Filed 8-12-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 26, 2010 (Volume 75, Number 16)]
[Notices]
[Page 4136]
[DOCID:fr26ja10-116]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2009-0377]

Pipeline Safety: Request To Modify Special Permit

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

ACTION: Notice; Reopening of Comment Period on the Kern River Gas
Transmission Company's Request to Modify Condition 35 of a Previously
Issued Special Permit.

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

SUMMARY: PHMSA is reopening the comment period for its Federal Register
Notice issued on November 17, 2009 (73 FR 59342), that gave notice of a
request from the Kern River Gas Transmission Company (Kern River), for
modification of an existing special permit, PHMSA-2007-29078, granted
to the company on November 8, 2008. Kern River seeks modification of
Condition 35 of the special permit, which concerns the external coating
on its gas pipeline.

DATES: Submit any comments regarding this special permit modification
request by February 9, 2010.

ADDRESSES: Comments should reference the docket number for this special
permit and may be submitted in the following ways:
     E-Gov Web Site: 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 System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: DOT Docket Management System; U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Instructions: Identify the docket number, PHMSA-2007-29078, at the
beginning of your comments. If you submit your comments by mail, please
submit two copies. To receive confirmation that PHMSA received your
comments, include a self-addressed stamped postcard. Internet users may
submit comments at http://www.regulations.gov. Note: Comments are
posted without changes or edits to http://www.regulations.gov,
including any personal information provided.
    Privacy Act Statement: Anyone can search the electronic form of
comments received in response to 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.). DOT's
complete Privacy Act Statement was published in the Federal Register on
April 11, 2000 (65 FR 19477).

FOR FURTHER INFORMATION CONTACT: General: Kay McIver by telephone at
(202) 366-0113; or, e-mail at<EMAIL_ADDRESS>    Technical: Steve Nanney by telephone at<PHONE_NUMBER>; or, e-mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA is reopening the comment period for 14
days from date of publication to allow for public review of documents
recently added to the docket.

    Authority: 49 U.S.C. 60118(c)(1) and 49 CFR 1.53.

    Issued in Washington, DC, on January 19, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010-1472 Filed 1-25-10; 8:45 am]
BILLING CODE 4910-60-P