[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Proposed Rules]
[Pages 58436-58441]
[FR Doc No: 2011-24287]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1218]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this proposed
rule is to seek general information and comment regarding the proposed
regulatory flood elevations for the reach described by the downstream
and upstream locations in the table below. The BFEs and modified BFEs
are a part of the floodplain management measures that the community is
required either to adopt or to show evidence of having in effect in
order to qualify or remain qualified for participation in the National
Flood Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before December 20, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1218, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency, 500
C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed 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.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed 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.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    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.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in feet
                                                                                (NGVD)  + Elevation in
                                                                                feet (NAVD)
                                                                                Depth in feet above
                State                      City/town/county                  Source of flooding                                     Location**                          ground [caret] Elevation
                                                                                in meters (MSL)
                                                                                -------------------------
                                                                                Existing     Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Unincorporated Areas of Washington County, Alabama
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama..............................  Unincorporated Areas of   Tombigbee River..........................  Approximately 1,056 feet downstream of the railroad.......         None          +35
                                        Washington County.
                                                                                Approximately 2.1 miles upstream of the railroad..........         None          +36
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood
 Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
 20472.

                                                                                ADDRESSES

                                                                            Unincorporated Areas of Washington County
Maps are available for inspection at 45 Court Street, Chatom, AL 36518.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                City of DeCordova, Texas
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Texas................................  City of DeCordova.......  Brazos River.............................  Approximately 100 feet downstream of the Lusk Branch               None         +695
                                                                                confluence.
                                                                                Approximately 1.1 miles upstream of the Lusk Branch                None         +695
                                                                                confluence.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood
 Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
 20472.

                                                                                ADDRESSES

City of DeCordova

Maps are available for inspection at 5301 Country Club Drive, Granbury, TX 76049.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                     in feet (LTD)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                              Hawaii County, Hawaii
----------------------------------------------------------------------------------------------------------------
Kamuela Stream......................  At the Lower Lanimaumau  [caret]2701  [caret]2703  Hawaii County.
                                       Stream confluence.
                                      Approximately 0.4 mile          None  [caret]2770
                                       upstream of Kinohou
                                       Street.
Lower Lanimaumau Stream.............  Approximately 1.9 miles         None  [caret]2619  Hawaii County.
                                       downstream of the
                                       Kamuela Stream
                                       confluence.
                                      Approximately 790 feet   [caret]2861  [caret]2863
                                       upstream of Mamalahoa
                                       Highway.
Pacific Ocean.......................  Easternmost corner of           None     [caret]4  Hawaii County.
                                       the Island of Hawaii
                                       (in a clockwise
                                       direction); Lowest
                                       elevation located at
                                       approximately 1.2
                                       miles southwest of the
                                       intersection of Queen
                                       Kaahumanu Highway and
                                       Pu'U Pohaku Road.
                                      Northeast corner of the         None    [caret]57
                                       Island of Hawaii (in a
                                       clockwise direction);
                                       Highest elevation
                                       located at
                                       approximately 1.8
                                       miles southeast of the
                                       intersection of Hawaii
                                       Belt Mamalahoa Highway
                                       and Ohai Road.
Palai Stream........................  At the upstream side of         None   [caret]197  Hawaii County.
                                       Kinoole Street.
                                      At the upstream side of         None   [caret]417
                                       Keone Street.
Palai Stream A......................  At the Palai Stream             None   [caret]388  Hawaii County.
                                       confluence.
                                      Approximately 105 feet          None   [caret]500
                                       upstream of Haihai
                                       Street.
Shallow Flooding....................  Approximately 2.8 miles         None   2  Hawaii County.
                                       northeast of the
                                       intersection of Ka'Ulu
                                       Street and 'Ahinahina
                                       Place.
Shallow Flooding....................  Approximately 1,025             None   2  Hawaii County.
                                       feet west of the
                                       intersection of
                                       Waikoloa Beach Drive
                                       and Naupaka Kai Place.

Shallow Flooding....................  Approximately 1.6 miles         None   2  Hawaii County.
                                       northwest of the
                                       intersection of Queen
                                       Kaahumanu Highway and
                                       Otec Road.
Shallow Flooding....................  Approximately 1.4 miles         None   2  Hawaii County.
                                       northwest of the
                                       intersection of Pao'O
                                       Street and A'U Lepe
                                       Street.
Shallow Flooding....................  Approximately 1.7 miles         None   1  Hawaii County.
                                       northwest of the
                                       intersection of Pao'O
                                       Street and A'U Lepe
                                       Street.
Shallow Flooding....................  Approximately 1.9 miles         None   1  Hawaii County.
                                       northwest of the
                                       intersection of Pao'O
                                       Street and A'U Lepe
                                       Street.
Shallow Flooding....................  Approximately 2.5 miles         None   1  Hawaii County.
                                       northwest of the
                                       intersection of Pao'O
                                       Street and A'U Lepe
                                       Street.
Shallow Flooding....................  Approximately 2.5 miles         None   2  Hawaii County.
                                       southwest of the
                                       intersection of Prince
                                       Kuhio Boulevard and
                                       Lanikai Drive.
Shallow Flooding....................  Approximately 0.4 mile          None   2  Hawaii County.
                                       southwest of the
                                       intersection of Aoao
                                       Avenue and Akahi
                                       Avenue.
Shallow Flooding....................  At the intersection of          None   1  Hawaii County.
                                       Kai Avenue and Elima
                                       Avenue.
Shallow Flooding....................  Approximately 1.9 miles         None   2  Hawaii County/
                                       southwest of the
                                       intersection of Hawaii
                                       Belt Mamalahoa Highway
                                       and Kaohe Road.
Shallow Flooding....................  Approximately 3.5 miles         None   1  Hawaii County.
                                       northeast of the
                                       intersection of Ka'Ulu
                                       Street and 'Ahinahina
                                       Place.
Shallow Flooding....................  Approximately 1,625             None   2  Hawaii County.
                                       feet northwest of the
                                       intersection of South
                                       Kaniku Drive and
                                       Konane Street.
Shallow Flooding....................  Approximately 3.1 miles         None   1  Hawaii County.
                                       northwest of the
                                       intersection of Pao'O
                                       Street and A'U Lepe
                                       Street.
Shallow Flooding....................  Approximately 2.0 miles    [caret]10   2  Hawaii County.
                                       southwest of the
                                       intersection of Hawaii
                                       Belt Mamalahoa Highway
                                       and Ke Ala O Keawe
                                       Road.
Shallow Flooding....................  Approximately 370 feet          None   3  Hawaii County.
                                       southwest of the
                                       intersection of
                                       Nohoana Place and
                                       Nohoana Street.
Shallow Flooding....................  Approximately 500 feet          None   1  Hawaii County.
                                       southeast of the
                                       intersection of
                                       Mamalahoa Highway and
                                       Waikelehua Place.
Shallow Flooding....................  Approximately 150 feet          None   1  Hawaii County.
                                       south of the
                                       intersection of West
                                       Kawailani Street and
                                       Launa Street.
Shallow Flooding....................  Approximately 3.6 miles         None   1  Hawaii County.
                                       southwest of the
                                       intersection of Queen
                                       Kaahumanu Highway and
                                       Pu'U Pohaku Road.
Shallow Flooding....................  Approximately 1,260             None   1  Hawaii County.
                                       feet south of the
                                       intersection of
                                       Mamalahoa Highway and
                                       Cheesebro Lane.
Shallow Flooding....................  Approximately 2.2 miles         None   2  Hawaii County.
                                       southwest of the
                                       intersection of
                                       Palena'Aina Place and
                                       Nana Uka Place.
Shallow Flooding....................  Approximately 1.3 miles         None   2  Hawaii County.
                                       southwest of the
                                       intersection of Queen
                                       Kaahumanu Highway and
                                       Pu`U Pohaku Road.
Shallow Flooding....................  Approximately 3.5 miles         None   1  Hawaii County.
                                       southwest of the
                                       intersection of Queen
                                       Kaahumanu Highway and
                                       Pu`U Pohaku Road.
Shallow Flooding....................  Approximately 715 feet          None   1  Hawaii County.
                                       southwest of the
                                       intersection of
                                       Mamalahoa Highway and
                                       Kipahele Street.
Shallow Flooding....................  Approximately 990 feet          None   2  Hawaii County.
                                       northwest of the
                                       intersection of Kahilu
                                       Road and Mana Road.
Shallow Flooding....................  Approximately 8.3 miles         None   1  Hawaii County.
                                       southwest of the
                                       intersection of Chain
                                       of Craters Road and
                                       Hilina Pali Road.
Shallow Flooding....................  Approximately 1,730             None   2  Hawaii County.
                                       feet northwest of the
                                       intersection of South
                                       Kaniku Drive and Mauna
                                       Lani Point Drive.
Shallow Flooding....................  Approximately 300 feet          None   1  Hawaii County.
                                       northwest of the
                                       intersection of
                                       Ainaola Drive and
                                       Ainalako Road.
Shallow Flooding....................  Approximately 730 feet          None   2  Hawaii County.
                                       southwest of the
                                       intersection of Haihai
                                       Street and Ho'Omalu
                                       Street.
Shallow Flooding....................  Approximately 250 feet          None   3  Hawaii County.
                                       southwest of the
                                       intersection of Haihai
                                       Street and Kaiao
                                       Street.
Shallow Flooding....................  Approximately 470 feet          None   2  Hawaii County.
                                       southwest of the
                                       intersection of Keone
                                       Street and Palakiko
                                       Street.
Shallow Flooding....................  Approximately 1.4 miles         None   2  Hawaii County.
                                       northeast of the
                                       intersection of Paku'I
                                       Street and Nehe Street.
Shallow Flooding....................  Approximately 0.5 mile          None   1  Hawaii County.
                                       west of the
                                       intersection of Kakapa
                                       Place and Lae Kikaua
                                       Mauka Place.
Unnamed Stream No. 1................  Approximately 1,050             None  [caret]2800  Hawaii County.
                                       feet downstream of
                                       `Ainahua Alanui Road.

                                      Approximately 260 feet          None  [caret]2913
                                       upstream of Mamalahoa
                                       Highway.
Unnamed Stream No. 3................  At the Unnamed Stream           None  [caret]2836  Hawaii County.
                                       No. 1 confluence.
                                      Approximately 0.5 mile          None  [caret]2954
                                       upstream of Mamalahoa
                                       Highway.
Upper Lanimaumau Stream.............  At the Unnamed Stream           None  [caret]2839  Hawaii County.
                                       No. 1 confluence.
                                      Approximately 1.0 mile   [caret]3212  [caret]3248
                                       upstream of Mamalahoa
                                       Highway.
Waiakea Stream (upstream)...........  Approximately 475 feet    [caret]471   [caret]472  Hawaii County.
                                       upstream of Kawailani
                                       Street.
                                      Approximately 1,620       [caret]628   [caret]629
                                       feet upstream of
                                       Kupulau Road.
Waiakea Stream/Waiakea Flood Control  Approximately 460 feet     [caret]53    [caret]54  Hawaii County.
 Channel (downstream).                 upstream of Mohouli
                                       Street.
                                      Approximately 380 feet    [caret]304   [caret]306
                                       downstream of Komohana
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Elevation in feet (LTD).
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Hawaii County
Maps are available for inspection at the Hawaii County Department of Public Works, 101 Pauahi Street, Suite 7,
 Hilo, HI 96720.
----------------------------------------------------------------------------------------------------------------
                                  Cole County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boggs Creek.........................  At the upstream side of         +555         +558  City of Jefferson City,
                                       Missouri Pacific                                   Unincorporated Areas
                                       Railroad.                                          of Cole County.
                                      Approximately 475 feet          None         +633
                                       upstream of U.S. Route
                                       50.
Boggs Creek Tributary 1.............  At the Boggs Creek              +555         +559  City of Jefferson City.
                                       confluence.
                                      Approximately 1,150             None         +573
                                       feet upstream of
                                       McCarty Street.
Dickerson Creek.....................  Approximately 1,600             None         +600  City of St. Martins,
                                       feet downstream of                                 Unincorporated Areas
                                       Henwick Lane.                                      of Cole County.
                                      Approximately 1,400             +723         +725
                                       feet upstream of the
                                       U.S. Route 50 West
                                       exit ramp.
Dickerson Creek Tributary 1.........  At the Dickerson Creek          +647         +648  City of St. Martins,
                                       confluence.                                        Unincorporated Areas
                                                                                of Cole County.
                                      Approximately 0.47 mile         None         +669
                                       upstream of U.S. Route
                                       50B West.
Dickerson Creek Tributary 2.........  At the confluence with          +700         +697  City of Jefferson City,
                                       Dickerson Creek.                                   Unincorporated Areas
                                                                                of Cole County.
                                      Approximately 170 feet          None         +738
                                       upstream of Turnberry
                                       Drive.
East Branch Wears Creek.............  At the Wears Creek              +561         +557  City of Jefferson City.
                                       confluence.
                                      Approximately 80 feet           None         +606
                                       upstream of Mesa
                                       Avenue.
Frog Hollow Tributary...............  At the Wears Creek              +615         +614  City of Jefferson City.
                                       confluence.
                                      Approximately 115 feet          +644         +640
                                       upstream of Sardonyx
                                       Drive.
Grays Creek.........................  Approximately 0.75 mile         +561         +560  City of Jefferson City,
                                       upstream of the                                    Unincorporated Areas
                                       Missouri River                                     of Cole County.
                                       confluence.
                                      Approximately 285 feet          None         +567
                                       downstream of Missouri
                                       Pacific Railroad.
Grays Creek Tributary 4.............  At Scott Station Lane..         None         +580  City of Jefferson City,
                                                                                Unincorporated Areas
                                                                                of Cole County.
                                      Approximately 950 feet          None         +685
                                       upstream of Catalina
                                       Drive.
Grays Creek Tributary 5.............  At the Grays Creek              None         +561  Unincorporated Areas of
                                       confluence.                                        Cole County.
                                      Approximately 0.57 mile         None         +578
                                       upstream of Schumate
                                       Chapel Road.

Grays Creek Tributary 6.............  At the Grays Creek              +562         +561  City of Jefferson City.
                                       confluence.
                                      Approximately 800 feet          +565         +564
                                       downstream of Belair
                                       Drive.
Meadows Creek (backwater effects      From the Missouri River         +566         +568  Unincorporated Areas of
 from Missouri River).                 confluence to                                      Cole County.
                                       approximately 1,200
                                       feet upstream of State
                                       Route 179.
Meadows Creek Tributary 2 (backwater  From the Meadows Creek          +566         +568  Unincorporated Areas of
 effects from Missouri River).         confluence to                                      Cole County.
                                       approximately 650 feet
                                       upstream of State
                                       Route 179.
Missouri River......................  At the Osage County             +548         +551  City of Jefferson City,
                                       boundary.                                          Unincorporated Areas
                                                                                of Cole County.
                                      At the Moniteau County          +573         +574
                                       boundary.
Moniteau Creek Tributary 1            From the Moniteau Creek         +572         +573  Unincorporated Areas of
 (backwater effects from Missouri      confluence to                                      Cole County.
 River).                               approximately 0.63
                                       mile upstream of State
                                       Route 179.
Moniteau Creek Tributary 2            From the Moniteau Creek         +568         +570  Unincorporated Areas of
 (backwater effects from Missouri      confluence to                                      Cole County.
 River).                               approximately 0.58
                                       mile upstream of State
                                       Route 179.
Moreau River (backwater effects from  From the Missouri River         +552         +553  City of Jefferson City.
 Missouri River).                      confluence to
                                       approximately 750 feet
                                       downstream of Missouri
                                       Pacific Railroad.
Moreau River Tributary 6............  At the upstream side of         +568         +571  City of Jefferson City.
                                       Green Meadow Drive.
                                      Approximately 600 feet          None         +611
                                       downstream of Tanner
                                       Bridge Road.
Mud Creek West (backwater effects     From the Missouri River         +568         +569  Unincorporated Areas of
 from Missouri River).                 confluence to                                      Cole County.
                                       approximately 0.61
                                       mile upstream of the
                                       Missouri River
                                       confluence.
North Branch Wears Creek............  At the Wears Creek              +561         +557  City of Jefferson City.
                                       confluence.
                                      Approximately 650 feet          None         +622
                                       upstream of Jaycee
                                       Drive.
Osage River (backwater effects from   At the Osage County             +548         +551  City of Taos,
 Missouri River).                      boundary.                                          Unincorporated Areas
                                                                                of Cole County.
                                      Approximately 9.3 miles         +550         +551
                                       upstream of U.S. Route
                                       50.
Osage River Tributary 47 (backwater   From the Osage River            +548         +551  Unincorporated Areas of
 effects from Missouri River).         confluence to                                      Cole County.
                                       approximately 1,600
                                       feet upstream of Big
                                       Meadows Road.
Rising Creek........................  At the Missouri River           +550         +552  City of Jefferson City,
                                       confluence.                                        City of Taos,
                                                                                Unincorporated Areas
                                                                                of Cole County.
                                      Approximately 2,000             None         +561
                                       feet upstream of the
                                       U.S. Route 50 East
                                       exit ramp.
Rising Creek Tributary 4............  At the Rising Creek             +551         +552  City of Jefferson City.
                                       confluence.
                                      Approximately 250 feet          +551         +557
                                       downstream of Stertzer
                                       Road.
Rock Creek North (backwater effects   From the Missouri River         +567         +569  Unincorporated Areas of
 from Missouri River).                 confluence to                                      Cole County.
                                       approximately 0.70
                                       mile upstream of State
                                       Route 179.
Sanford Creek (backwater effects      From the Osage River            +548         +551  Unincorporated Areas of
 from Missouri River).                 confluence to                                      Cole County.
                                       approximately 1,200
                                       feet upstream of U.S.
                                       Route 50 East.
Wears Creek.........................  At the Missouri River           +556         +557  City of Jefferson City.
                                       confluence.
                                      Approximately 0.44 mile         None         +683
                                       upstream of Edgewood
                                       Drive.
Workman Creek (backwater effects      From the Missouri River         +564         +566  Unincorporated Areas of
 from Missouri River).                 confluence to                                      Cole County.
                                       approximately 0.47
                                       mile upstream of State
                                       Route 179.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Elevation in feet (LTD).
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                    ADDRESSES
City of Jefferson City
Maps are available for inspection at City Hall, 320 East McCarty Street, Jefferson City, MO 65101.

City of St. Martins
Maps are available for inspection at City Hall, 6909 A Business 50 West, Jefferson City, MO 65109.

City of Taos

Maps are available for inspection at City Hall, 4909 Countryside Park, Jefferson City, MO 65101.

                                       Unincorporated Areas of Cole County
Maps are available for inspection at the Cole County Courthouse, 301 East High Street, Jefferson City, MO 65101.
----------------------------------------------------------------------------------------------------------------

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

    Dated: September 9, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-24287 Filed 9-20-11; 8:45 am]
BILLING CODE 9110-12-P


Responses to Comments Received on Proposed Renewal of the Information Collection Request (ICR) for the Toxic Substances Control Act (TSCA) Section 12(b) Export Notifications Background

On March 12, 2020 (85 FR 14478), the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register and sent consultation emails to nine recipients announcing that it was planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for renewal of the collection of information under TSCA section 12(b). The public comment period closed on May 11, 2020. The Agency received comments from the American Petroleum Institute (API) in response to this notice.

Public Comments and EPA Responses

Comment 1: API commented that the information collection under the TSCA section 12(b) export notification requirement is an outdated paperwork requirement and the information provided to EPA in a notice from an exporter is available to foreign governments on the Internet, including EPA's databases. API commented that even if notification could be useful to the foreign country, there is no benefit in multiple companies providing export notifications to EPA for each chemical shipment to a particular country on an ongoing and repetitive basis.

Response: TSCA section 12(b), 15 U.S.C. 2611(b), requires that "[i]f any person exports or intends to export to a foreign country a chemical substance or mixture for which information is required under section 4 or 5(b) [of TSCA]" or "for which an order has been issued under section 5 or a rule has been proposed or promulgated under section 5 or 6, or with respect to which an action is pending, or relief has been granted under section 5 or 7," then such person must submit notification to EPA of such export or intent to export. TSCA was enacted in 1976 and significantly amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016. However, the export notification process under TSCA section 12(b) was not repealed or altered to indicate that the statutory requirements under section 12(b) should be ended or changed. Therefore, EPA is statutorily obligated to continue requiring export notifications from each exporter, as applicable.

Comment 2: API also commented that the current TSCA section 12(b) export notification regulations are burdensome on businesses because the exporter must develop and maintain compliance systems to track exports, continually track TSCA section 4, 5, 6 and [7] actions that trigger 12(b) requirements, determine whether chemical exports are subject to those actions and 12(b) requirements, determine if annual or one-time notification is required, and submit notifications to EPA within seven days of forming the intent to export or on the date of export, whichever is earlier. API also commented that implementation of the TSCA export notification program at EPA involves a complex process for routing notices and maintaining hundreds of thousands of records, a process the commenter claims is not necessary to carry out the proper performance of EPA functions.

Response: TSCA section 12(b) export notification requirements are triggered by underlying regulatory actions under TSCA. Persons exporting particular chemical substances or mixtures that are subject to applicable underlying TSCA regulatory actions should have an awareness of those regulatory actions as they relate to the export of a chemical substance or mixture covered by such action, including 12(b) export notice requirements, which are also generally included in the particular TSCA triggering action. To assist the regulated community, EPA maintains a list of chemical substances and mixtures subject to applicable TSCA triggering actions and updates it regularly to aid exporters in making relevant compliance determinations. Furthermore, as indicated by the commenter, EPA has reduced the frequency of submitting notices for each exporter since the TSCA section 12(b) regulations were first promulgated in 1980. For example, the current regulations require a notice only for the first export or intended export by an exporter to a particular country for some underlying actions and for the first export or intended export by an exporter to a particular country in a calendar year for other triggering actions. Under this ICR renewal, EPA is also requesting OMB approval to make available the option of submitting export notices electronically in lieu of paper-based submissions, further reducing exporters' and EPA's burden hours associated with TSCA section 12(b) requirements, as indicated in the ICR supporting statement.

Comment 3: API also suggested that EPA rely on information collected under the TSCA Chemical Data Reporting (CDR) rule to serve as notice of export in lieu of collecting information under the current TSCA section 12(b) regulations because API commented that export information collected under the CDR rule provides EPA with sufficient information for the Agency to notify foreign governments to fulfill its statutory obligations and that the CDR rule would not need to be adjusted in any way to serve that purpose.

Response: The CDR rule, pursuant to the information collection authority under TSCA section 8 and codified at 40 CFR part 711, does not provide EPA with the relevant and necessary information to fulfill the exporter's or the Agency's statutory obligations under TSCA section 12(b). The CDR rule retroactively collects production volume and certain related information from manufacturers (including, statutorily, importers); the only export-related information collected is the volume of a chemical that is directly exported from the manufacturing site. The CDR rule does not collect export information from all potential exporters covered by TSCA section 12(b) and the CDR rule does not collect information about what foreign countries receive the exports, and therefore there is no way for EPA to notify the foreign country accordingly. Also, information about exports under the CDR rule relate to past export volumes. For example, under the current CDR regulations, manufacturers meeting production volume thresholds are required to submit information in 2020 on their production during the 2016-2019 calendar years. This means if we relied only on CDR then EPA may not receive notice about export volumes until a few years after export occurred.

Comment 4: API also commented that if the export notification requirements continue, then to reduce burden, EPA should either establish an annual submission deadline covering exports that occurred in the previous year or allow at least up to 30 days from the date of export to submit export notifications.

Response: Since the original TSCA section 12(b) regulations were promulgated, the Agency has viewed the exporter's notification obligations to be contemporaneous with the time of actual export, or soon after forming the intent to export. This is important so that the relevant foreign countries receiving these exports are apprised of the shipments underlying the applicable export notices near the time the shipments are exported to the foreign country.


[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Page 53540]
[FR Doc No: 2017-24778]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82044; File No. SR-NYSEArca-2017-107]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of the Breakwave Dry Bulk Shipping ETF
Under NYSE Arca Rule 8.200-E, Commentary .02

November 9, 2017.
    On September 8, 2017, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``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 to list and trade
shares of the Breakwave Dry Bulk Shipping ETF under NYSE Arca Rule
8.200-E, Commentary .02. The proposed rule change was published for
comment in the Federal Register on September 28, 2017.\3\ The
Commission has received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81681 (September 22,
2017), 82 FR 45342.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is November 12, 2017. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates December 27, 2017, as the date by which the
Commission shall either approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change (File No.
SR-NYSEArca-2017-107).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24778 Filed 11-15-17; 8:45 am]
 BILLING CODE 8011-01-P


MEMORANDUM

To: Carbon Power Plan for Existing Power Plants; Docket id: OAR-2013-0602

From: Region 5, EPA

Summary: The question at the bottom of the email was raised by a staff member from the Illinois Department of Commerce and Economic Opportunity

From: Cain, Alexis<EMAIL_ADDRESS>Sent: Wednesday, October 29, 2014 1:03 PM
To: Wasiniewska, Karolina
Cc: Rupp, Mark; Czerniak, George; Strine, Lora; Doug Scott; Bremer, Kristen; Newman, Erin
Subject: FW: Call with Illinois Department of Commerce and Economic Opportunity

Hello Karolina -- so that we can get the right people from USEPA on the call to answer your questions, could you clarify whether your question relates only to the Clean Power Plan proposal, or if the questions also relate to the treatment of renewable energy in the Notice of Data Availability released yesterday?

If it's all right with you, we will invite Illinois EPA in the discussion when we set up a call.

Alexis Cain
US Environmental Protection Agency, Region 5
77 W. Jackson Blvd (AT-18J)
Chicago, IL 60604
(312) 886-7018
fax<PHONE_NUMBER>
<EMAIL_ADDRESS>
From: Rupp, Mark<EMAIL_ADDRESS>Sent: Tuesday, October 28, 2014 7:41 PM
To: Wasiniewska, Karolina
Cc: Hughes, Alexandra; Czerniak, George; Strine, Lora; Doug Scott
Subject: Re: Call with Illinois Department of Commerce and Economic Opportunity

Hi, Karolina. Thank you for this.

I'm including a few folks on this email:  Doug Scott with your Commerce Commission as well as  George Czerniak, the Air Division Director out of our Region 5 office in Chicago.

I'll let Region 5 drive the best date/time to connect with your folks. And Lora Strine (also cc'd) in EPA headquarters can work to support George with any headquarters participants he may like.

Mark

On Oct 28, 2014, at 5:06 PM, Wasiniewska, Karolina<EMAIL_ADDRESS>wrote:
Good Afternoon,

I hope this email finds you well.

The Assistant Deputy for Energy & Recycling  at the Illinois DCEO, Molly Lunn, is currently working on the 111(d) comments and has some questions about how EPA has intended to treat renewables and RECs under the proposed rule. Her question has to do specifically with how EPA proposes to treat RECs under 111(d), and how that treatment might differ if a state submitted its own plan vs. a regional plan.

I wanted to reach out and see if there was a time later this week or early next week that would work for you for a call regarding this matter, either Thursday morning, Friday afternoon, or Monday morning.

I look forward to hearing from you.

Best,

Karolina Wasiniewska
Federal Liaison, James H. Dunn Fellow
Governor Pat Quinn, State of Illinois
<EMAIL_ADDRESS>(P)<PHONE_NUMBER>
(F)<PHONE_NUMBER>


[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]
[Page 16902-16903]
[DOCID:fr02ap10-144]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Rulemaking Advisory Committee; Transport Airplane and
Engine Issue Area--New Task

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of new task assignment for the Aviation Rulemaking
Advisory Committee (ARAC).

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

SUMMARY: The FAA assigned the Aviation Rulemaking Advisory Committee
(ARAC) a new task to identify and develop recommendations on additional
requirements for low speed alerting in new transport category
airplanes. This task is the first phase of an overall effort to examine
new standards, as well as possible retrofit standards. This notice is
to inform the public of this ARAC activity.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, Airplane & Flight Crew
Interface Branch, ANM-111, Transport Airplane Directorate, Federal
Aviation Administration, 1601 Lind Ave SW, Renton, Washington, 98057;
telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA established ARAC to provide advice and recommendations to
the FAA Administrator on the FAA's rulemaking activities with respect
to aviation-related issues. With respect to low speed alerting, the FAA
previously revised regulations in the area of flight guidance
(autopilot) and performance and handling qualities in icing conditions
to improve transport airplane standards for low speed protection (in
the case of icing, stall warning standards were enhanced). However, as
a result of several recent loss-of-control accidents and incidents, the
FAA has identified a need for additional low speed safeguards, in
addition to the regulatory actions that have already been taken. The
committee will address the first task under the Transport Airplane and
Engine Issues, under the existing Avionics Systems Harmonization
Working Group.

The Task

    ARAC is initially tasked with providing information that will be
used to develop standards and guidance material for low speed alerting
systems. This information may result in standards that complement
existing stall warning requirements. The working group will be expected
to provide a report that addresses the following low speed alerting
technical questions, relative to new aircraft designs (Phase 1 task--
new Part 25 standards), and provides the rationale for their responses.
If there is disagreement within the working group, those items should
be documented, including the rationale from each party and the reasons
for the disagreement.
     How much time is needed to alert the crew in order to
avoid stall warning or excessive deviation below the intended operating
speed?
     What would make the alerting instantly recognizable,
clear, and unambiguous to the flightcrew?
     How could nuisance alerts be minimized?
     Could the alerting operate under all operating conditions,
configurations, and phases of flight, including icing conditions?
     Could the alerting operate during manual and autoflight?
     Could the system reliability be made consistent with
existing regulations and guidance for stall warning systems?
     Are there any regulations or guidance material that might
conflict with new standards?
     What recommended guidance material is needed?
     After reviewing airworthiness, safety, cost, and other
relevant factors, including recent certification and fleet experience,
are there any additional considerations that should be taken into
account?
     Is coordination necessary with other harmonization working
groups (e.g., Human Factors)? (if yes, coordinate and report on that
coordination)
    The working group will be also be expected to provide a report that
addresses the following low speed alerting technical questions,
relative to existing aircraft designs (as a lead-in to the Phase 2
task--retrofit standards), and provides the rationale for their
responses. If there is disagreement within the working group, those
items should be documented, including the rationale from each party and
the reasons for the disagreement.

     How timely is the airplane in alerting the crew of flight
below the intended operating speed? How timely relative to stall
warning?
     Is alerting instantly recognizable, clear, and unambiguous
to the flightcrew?
     How are nuisance alerts minimized?
     Does the alerting operate under all operating conditions,
configurations, and phases of flight, including icing conditions?
     Does the alerting operate during manual and autoflight?
     After reviewing airworthiness, safety, cost, and other
relevant factors, including recent certification and fleet experience,
are there any additional considerations that should be taken into
account?
     Is coordination necessary with other harmonization working
groups (e.g., Human Factors)?
     If improvements are needed for low speed alerting in the
existing fleet, should the FAA adopt a design approval holder (part 26)
requirement to mandate development of design changes, or would an
operational rule be sufficient? In responding, the working group should
address the factors set forth in ``FAA Policy Statement: Safety--A
Shared Responsibility--New Direction for Addressing Airworthiness
Issues for Transport Airplanes'' (70 FR 40166, July 12, 2005).
    The ARAC working group should provide information that could lead
to standards for low speed alerting that can be satisfied with
practical design approaches.

Schedule

    The required completion date is 9 months after the FAA publishes
the task in the Federal Register.

ARAC Acceptance of Task

    ARAC accepted the task and assigned it to the existing Avionics
Systems Harmonization Working Group in the Transport Airplane and
Engine Issue Area. The working group serves as staff to ARAC and
assists in the analysis of assigned tasks. ARAC must review and approve
the working group's recommendations. If ARAC accepts the working
group's recommendations, it will forward them to the FAA.

Working Group Activity

    The Avionics Systems Harmonization Working Group must comply with
the procedures adopted by ARAC. As part of the procedures, the working
group must:
    1. Recommend a work plan for completion of the task, including the
rationale supporting such a plan for consideration at the next meeting
of the ARAC on Transport Airplane and Engine Issues held following
publication of this notice.
    2. Give a detailed conceptual presentation of the proposed
recommendations prior to proceeding with the work stated in item 3
below.
    3. Draft the appropriate documents and required analyses and/or any
other related materials or documents.
    4. Provide a status report at each meeting of the ARAC held to
consider Transport Airplane and Engine Issues.

Participation in the Working Group

    The Avionics Systems Harmonization Working Group is composed of
technical experts having an interest in the assigned task. A working
group member need not be a representative or a member of the full
committee.
    If you have expertise in the subject matter and wish to become a
member of the working group, write to the person listed under the
caption FOR FURTHER INFORMATION CONTACT expressing that desire.
Describe your interest in the task and state the expertise you would
bring to the working group. We must receive all requests by May 3,
2010. The assistant chair, the assistant executive director, and the
working group co-chairs will review the requests and advise you whether
or not your request is approved.
    If you are chosen for membership on the working group, you must
represent your aviation community segment and actively participate in
the working group by attending all meetings and providing written
comments when requested to do so. You must devote the resources
necessary to support the working group in meeting any assigned
deadlines. You must keep your management chain and those you may
represent advised of working group activities and decisions to ensure
that the proposed technical solutions do not conflict with your
sponsoring organization's position when the subject being negotiated is
presented to ARAC for approval. Once the working group has begun
deliberations, members will not be added or substituted without the
approval of the assistant chair, the assistant executive director, and
the working group co-chairs.
    The Secretary of Transportation determined that the formation and
use of the ARAC is necessary and in the public interest in connection
with the performance of duties imposed on the FAA by law.
    Meetings of the ARAC are open to the public. Meetings of the
Avionics Systems Harmonization Working Group will not be open to the
public, except to the extent individuals with an interest and expertise
are selected to participate. The FAA will make no public announcement
of working group meetings.

    Issued in Washington, DC, on March 29, 2010.
Pamela Hamilton-Powell,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. 2010-7402 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55688-55690]
[FR Doc No: 2022-19544]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0463]
RIN 1625-AA00

Safety Zone; Tennessee River, Ohio River and Cumberland River;
Paducah and Smithland; Kentucky

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Tennessee River, Ohio River, and Cumberland
River. This action is necessary to provide for the safety of life on
the navigable waters in between Paducah, Kentucky, and Smithland, KY,
during the transit and installation of the new I-60 bridge crossing the
Cumberland River near Smithland, KY. This rule prohibits persons and
vessels from entering the safety zone unless authorized by the Captain
of the Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 8:00 a.m. on September 12, 2022,
through 8:00 a.m. on September 22, 2022. The temporary safety zone will
be enforced from 8 a.m. on September 12, 2022, through 8 a.m. on
September 22, 2022, unless canceled earlier by the Captain of the Port
Sector Ohio Valley.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0463 in the search box and click ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Evan Dawson, U.S. Coast Guard Marine Safety Unit
Paducah; telephone<PHONE_NUMBER> x 2113, email [email protected].

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
TNR Tennessee River
OHR Ohio River
CUMB Cumberland River
MM Mile Marker

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because because it is impracticable. We must
establish this safety zone by September 12, 2022, and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with a bridge movement.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 33 CFR 6.04-6. The COTP has determined that potential hazards
associated with the transit and installation of a 710 foot span of
replacement bridge for the Lucy Jefferson Bridge Bridge from Paducah
Riverport Authority, on the Tennessee River (TNR) at Mile Marker (MM)
1.5, transiting up the Ohio River (OHR) from MM 935 to MM 923, in
Smithland, KY, continuing on to the Cumberland River (CUMB) to MM 2.8,
the bridges final destination will be a safety concern for anyone
within a half mile radius of bridge, vessels and machinery. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the bridge is in
transit and being installed.

IV. Discussion of the Rule

    The COTP is establishing a moving safety zone from 8 a.m. on
September 12, 2022, through 8 a.m. on September 22, 2022, unless
canceled earlier by the COTP. The safety zone would cover all navigable
waters within one half-mile of the bridge during any point of its
transit from Paducah, KY, to Smithland, KY and during the lifting
evolution. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before and during the scheduled
relocation and installation of the new bridge. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The new bridge
will be in transit on the TNR and the OHR for approximately 12-24
hours, causing minimal disruption to vessel traffic. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 22-A about the enforcement time of the zone, and the
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
involves a safety zone that would prohibit entry within one half-mile
of the new bridge site while transiting on the TNR, OHR, and while
transiting and being lifted into a permanent postion on the CUMB.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  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.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0463 to read as follows:

Sec.  165.T08-0463   Safety Zone; Tennessee River, Ohio River and
Cumberland River; Paducah and Smithland; Kentucky.

    (a) Location. The safety zone will cover all navigable waters of
the Tennessee River, Ohio River, and Cumberland River within one half
mile of the new bridge, near Smithland, KY, span during transiting and
lifting.
    (b) Enforcement period. This section will be subject to enforcement
from 8 a.m. on September 12, 2022, and will continue through 8 a.m. on
September 22, 2022, unless canceled earlier by the Captain of the Port
Sector Ohio Valley (COTP). If there is inclement weather or other
disruptions the U.S. Coast Guard (USCG) will inform mariners of the
change in enforcement period via Broadcast Notice to Mariners on VHF-FM
channel 16 and on-scene notice.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry of vessels or persons into the zone during transit
operations is prohibited unless specifically authorized by the COTP or
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley.
    (2) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.

    Dated: September 6, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-19544 Filed 9-9-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Rules and Regulations]
[Pages 36387-36390]
[FR Doc No: 2022-13016]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0380; Project Identifier MCAI-2021-01178-T;
Amendment 39-22076; AD 2022-12-04]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A330-200 series airplanes, Model A330-200
Freighter series airplanes, and Model A330-300 series airplanes. This
AD was prompted by a determination that certain service information
specified in AD 2018-20-19 contained instructions that could be
misleading, resulting in a necessary inspection not being accomplished
on certain airplanes. This AD requires a rototest for certain modified
airplanes for any crack around the right-side upper and lower bulk door
support or door latch fitting holes at certain bulk cargo door frames,
or repetitive inspections for any crack at certain fittings, and on-
condition actions, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 22, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 22,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0380.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0380; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; phone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0233, dated October 27, 2021
(EASA AD

2021-0233) (also referred to as the MCAI), to correct an unsafe
condition for certain Airbus SAS Model A330-200 series airplanes, Model
A330-200 Freighter series airplanes, and Model A330-300 series
airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A330-200 series airplanes, Model A330-200 Freighter series
airplanes, and Model A330-300 series airplanes. The NPRM published in
the Federal Register on March 28, 2022 (87 FR 17198). The NPRM was
prompted by a determination that tartaric sulfuric anodizing (TSA)/
chromic acid anodizing (CAA) surface treatment in the door fitting
attachment holes leads to a detrimental effect on fatigue behavior; and
that certain service information specified in AD 2018-20-19, Amendment
39-19453 (83 FR 52126, October 16, 2018) (AD 2018-20-19) contains
instructions that could be misleading, resulting in a necessary
inspection not being accomplished on certain airplanes. The potentially
misleading instructions are for an optional action, and apply only to
model A330-200, A330-200 Freighter, and A330-300 airplanes. The NPRM
proposed to require a rototest for certain modified airplanes for any
crack around the right-side upper and lower bulk door support or door
latch fitting holes at certain bulk cargo door frames, or repetitive
inspections for any crack at certain fittings, and on-condition
actions, as specified in EASA AD 2021-0233.
    The FAA is issuing this AD to address possible fatigue cracks in
the bulk cargo door frames, caused by TSA/CAA surface treatment in
frame (FR) 67 and FR69 cargo door frame attachment holes. See the MCAI
for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0233 specifies procedures for a rototest for any crack
around the holes at the upper and lower door support fittings of frame
FR67 and FR69 right hand side and the holes at door latch fitting of
FR69 right hand side; or repetitive detailed inspections of the frame
around the fittings, or high frequency eddy current (HFEC) and
ultrasonic inspections of the upper door supper fitting holes and
rototests of the lower door fitting holes of the door latch fittings at
FR69 for any crack; and on-condition actions. On-condition actions
include installing new (never installed on an airplane) bushes to the
latch fittings of FR69 and repair, and a rototest of the support
fittings and the frame holes at FR67.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 109 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                Parts cost           Cost per product           Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 15 work-hours x $85 per hour               $0  Up to $1,275.................  Up to $138,975.
 = $1,275.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required or optional actions. The FAA has no way of determining the
number of aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....          $1,915           $2,170
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have 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.

    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2022-12-04 Airbus SAS: Amendment 39-22076; Docket No. FAA-2022-0380;
Project Identifier MCAI-2021-01178-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 22, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2021-0233, dated October 27, 2021 (EASA AD 2021-0233).
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a determination that tartaric sulfuric
anodizing (TSA)/chromic acid anodizing (CAA) surface treatment in
the door fitting attachment holes leads to a detrimental effect on
fatigue behavior; and that certain service information specified in
AD 2018-20-19 contains instructions that could be misleading,
resulting in a necessary inspection not being accomplished on
certain airplanes. The FAA is issuing this AD to address possible
fatigue cracks in the bulk cargo door frames, caused by TSA/CAA
surface treatment in frame (FR) 67 and FR69 cargo door frame
attachment holes. Cracks in the bulk cargo door frames can cause the
in-flight loss of a bulk cargo door, damage to the airplane, and
subsequent reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0233.

(h) Exceptions to EASA AD 2021-0233

    (1) Where EASA AD 2021-0233 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0233 does not apply
to this AD.
    (3) Where paragraph (4) of EASA AD 2021-0233 specifies to
``accomplish those instructions accordingly'' if discrepancies are
detected, for this AD a discrepancy is any cracking, and if any
cracking is detected, the cracking must be repaired before further
flight using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (4) Where paragraph (4) of EASA AD 2021-0233 specifies to
``contact Airbus for approved repair instructions,'' for this AD use
``accomplish corrective actions in accordance with the instructions
of the SB and contact the Manager, Large Aircraft Section,
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
DOA for approved repair instructions. If approved by the DOA, the
approval must include the DOA-authorized signature''
    (5) Although the service information referenced in EASA AD 2021-
0233 specifies to do a check of the aircraft records for
accomplishment of certain service information, and specifies that
action as ``RC,'' (required for compliance), this AD does not
include that requirement.
    (6) Where the Applicability section of EASA AD 2021-0233 refers
to ``defects,'' for this AD ``defects'' are cracks.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0233
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph(s) (h)(3) and (4), (i), and (j)(2) of this AD, if any
service information contains procedures or tests that are identified
as RC, those procedures and tests must be done to comply with this
AD; any procedures or tests that are not identified as RC are
recommended. Those procedures and tests that are not identified as
RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; phone
206-231-3229; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0233,
dated October 27, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0233, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the

availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 3, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-13016 Filed 6-16-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 11, 2008 (Volume 73, Number 155)]
[Notices]
[Page 46623]
[DOCID:fr11au08-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC07-4-003]

The North American Electric Reliability Corporation; Notice of
Filing

August 4, 2008.
    Take notice that on July 31, 2008, The North American Electric
Reliability Corporation filed a response to the Commission's Orders
issued on December 20, 2007, Direct Energy Services, LLC, et al., 121
FERC ] 61,274 (2007) and April 4, 2008, Direct Energy Services, LLC, et
al., 123 FERC ] 61,016 (2008).
    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, 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. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 1, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-18375 Filed 8-8-08; 8:45 am]

BILLING CODE 6717-01-P