[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]
[Page 30805-30806]
[DOCID:fr02jn10-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12478-003]

Gibson Dam Hydroelectric Company, LLC; Notice Soliciting
Comments, and Final Terms and Conditions, Recommendations, and
Prescriptions

May 26, 2010.
    Take notice that the following hydroelectric application and
applicant-prepared environmental assessment (EA) has been filed with
the Commission and is available for public inspection.
    a. Type of Application: Major Project--Existing Dam.
    b. Project No.: P-12478-003.
    c. Date filed: August 28, 2009.
    d. Applicant: Gibson Dam Hydroelectric Company, LLC.
    e. Name of Project: Gibson Dam Hydroelectric Project.
    f. Location: On the Sun River, near the towns of Augusta and
Fairfield, Lewis and Clark and Teton Counties, Montana. The project
would occupy 44.0 acres of Federal land administered by the U. S.
Forest Service and 24.5 acres of Federal land administered by the U.S.
Bureau of Land Management for a total of 68.5 acres of Federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Steve C. Marmon, Thom A. Fischer, Whitewater
Engineering Corporation, 3633 Alderwood Ave., Bellingham, WA 98225,
(360) 738-9999.
    i. FERC Contact: Matt Cutlip, phone:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and fishway prescriptions: 60 days from the issuance date
of this notice. All reply comments must be filed with the Commission
within 105 days from the date of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedures require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Project Description: The proposed project would utilize the
existing facilities of the U.S. Bureau of Reclamation's (Reclamation's)
Gibson dam including the reservoir, existing valve house, and two
existing dam outlet pipes; and would consist of the following new
facilities: (1) Two new 72-inch-diameter penstocks extending 40 feet
from the existing outlet pipes to the powerhouse; (2) a new powerhouse
located near the toe of the dam with four turbine/generating units with
total installed capacity of 15 megawatts; (3) a new 26.2-mile, 34.5/69-
kV overhead and underground transmission line from the powerhouse to an
interconnection point with Sun River Electric Cooperative, Inc.'s
existing 69-kV transmission line at Jackson's Corner; (4) a new 34.5/69
kV step-up substation; (5) a new maintenance building located
approximately 1,400 feet downstream of the powerhouse adjacent to
existing Gibson dam operations facilities; and (6) appurtenant
facilities. The average annual generation is estimated to be 40
gigawatt-hours.
    l. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    All filings must: (1) Bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions, or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed in the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    m. EA Preparation Schedule: The draft and final EA will be prepared
according to the following schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Filing of Motions to Intervene and     June 21, 2010.
 Protests.

Filing of Comments, Final              .................................
 Recommendations,.
Final Terms and Conditions, and        July 26, 2010.
 Fishway Prescriptions.
Reply Comments due...................  September 9, 2010.
Issue Draft EA.......................  December 8, 2010.
Comments on Draft EA due.............  January 7, 2011.
Issue Final EA.......................  May 17, 2011.
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Kimberly D. Bose,
Secretary.
[FR Doc. 2010-13276 Filed 6-1-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Proposed Rules]
[Pages 37976-37980]
[FR Doc No: 2014-15686]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0365; FRL-9913-04-Region 7]

Approval and Promulgation of Implementation Plans; Iowa; Regional
Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a revision to the Iowa State Implementation Plan (SIP)
submitted by the State of Iowa on July 16, 2013. Iowa's July 16, 2013,
SIP submission (``progress report SIP'') addresses requirements of the
Clean Air Act (CAA or Act) and EPA's rules that require states to
submit periodic reports describing progress towards reasonable progress
goals (RPGs) established for regional haze and a determination of the
adequacy of the state's existing SIP addressing regional haze
(``regional haze SIP''). EPA is proposing approval of Iowa's progress
report SIP submission on the basis that it addresses the progress
report and adequacy determination requirements for the first
implementation period for regional haze.

DATES: Comments must be received on or before August 4, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0365 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery or Courier: Ms. Jodi Harper, Air Planning
and Development Branch, Air and Waste Management Division, U.S.
Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0365. EPA's policy is that all comments received will be included
in the public docket without change and may be

made available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket. All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. EPA requests that you contact the person listed
in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Ms. Jodi Harper, Air Planning and
Development Branch, Air and Waste Management Division, U.S.
Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is the background for EPA's proposed action?
II. What are the requirements for the regional haze progress report
SIPs and adequacy determinations?
    A. Regional Haze Progress Report SIP
    B. Adequacy Determination of the Current Regional Haze SIP
III. What is EPA's analysis of Iowa's progress report SIP and
adequacy determination?
    A. Regional Haze Progress Report SIPs
    1. 40 CFR 51.308(g)(1)
    2. 40 CFR 51.308(g)(2)
    3. 40 CFR 51.308(g)(3)
    4. 40 CFR 51.308(g)(4)
    5. 40 CFR 51.308(g)(5)
    6. 40 CFR 51.308(g)(6)
    7. 40 CFR 51.308(g)(7)
    B. Determination of Adequacy of Existing Regional Haze Plan
IV. What action is EPA proposing to take?

I. What is the background for EPA's proposed action?

    States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. 40 CFR 51.308(g). States are also
required to submit, at the same time as the progress report, a
determination of the adequacy of the state's existing regional haze
SIP. 40 CFR 51.308(h). The first progress report SIP is due five years
after submittal of the initial regional haze SIP. On March 25, 2008,
the Iowa Department of Natural Resources (IDNR) submitted the state's
first regional haze SIP in accordance with 40 CFR 51.308(b).\1\
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    \1\ On June 26, 2012, EPA finalized a limited approval of Iowa's
March 25, 2008, regional haze SIP to address the first
implementation period for regional haze (77 FR 38006). In a separate
action, published on June 7, 2012 (77 FR 33642), EPA finalized a
limited disapproval of the Iowa regional haze SIP because of the
State's reliance on the Clean Air Interstate Rule to meet certain
regional haze requirements, which EPA replaced in August 2011 with
the Cross-State Air Pollution Rule (CSAPR) (76 FR 48208 (Aug. 8,
2011)). In the aforementioned June 7, 2012, action, EPA finalized a
Federal Implementation Plan (FIP) for Iowa to replace the State's
reliance on CAIR with reliance on CSAPR. Following these EPA
actions, the DC Circuit issued a decision in EME Homer City
Generation, L.P. v. EPA (hereinafter referred to as ``EME Homer
City''), 696 F.3d 7 (D.C. Cir. 2012), vacating CSAPR and keeping
CAIR in place pending the promulgation of a valid replacement rule.
On April 29, 2014, the U.S. Supreme Court reversed the DC Circuit
opinion vacating CSAPR, and remanded the case for further
proceedings. EME Homer City, 572 U.S. 134 S. Ct. 1584. CAIR
continues to remain in place.
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    On April 4, 2013, IDNR provided to the Federal Land Managers, a
revision to Iowa's SIP reporting on progress made during the first
implementation period toward RPGs for Class I areas in the state and
Class I areas outside the state that are affected by emissions from
Iowa's sources. There are no Class I areas located in the State of
Iowa. Notification was published in the Legal Notices section of the
Des Moines Register on May 9, 2013. A public hearing was held on June
11, 2013, at the Air Quality Bureau in Windsor Heights, and the public
comment period ended on June 12, 2013.
    On July 16, 2013, IDNR submitted the SIP to EPA. This progress
report SIP and accompanying cover letter also included a determination
that the state's existing regional haze SIP requires no substantive
revision to achieve the established regional haze visibility
improvement and emissions reduction goals for 2018. EPA is proposing to
approve Iowa's progress report SIP on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and 51.308(h).

II. What are the requirements for the regional haze progress report
SIPs and adequacy determinations?

A. Regional Haze Progress Report SIP

    Under 40 CFR 51.308(g), states must submit a regional haze progress
report as a SIP revision every five years and must address, at a
minimum, the seven elements found in 40 CFR 51.308(g). As described in
further detail in section III below, 40 CFR 51.308(g) requires a
description of the status of measures in the approved regional haze
SIP; a summary of emissions reductions achieved; an assessment of
visibility conditions for each Class I area in the state; an analysis
of changes in emissions from sources and activities within the state;
an assessment of any significant changes in anthropogenic emissions
within or outside the state that have limited or impeded progress in
Class I areas impacted by the state's sources; an assessment of the
sufficiency of the approved regional haze SIP; and a review of the
state's visibility monitoring strategy.

B. Adequacy Determinations of the Current Regional Haze SIP

    Under 40 CFR 51.308(h), states are required to submit, at the same
time as the progress report SIP, a determination of the adequacy of
their existing regional haze SIP and to take one of four possible
actions based on information in the progress report. As described in
further detail in section III below, 40 CFR 51.308(h) requires states
to either: (1) Submit a negative declaration to EPA that no further
substantive revision to

the state's existing regional haze SIP is needed; (2) provide
notification to EPA (and other state(s) that participated in the
regional planning process) if the state determines that its existing
regional haze SIP is or may be inadequate to ensure reasonable progress
at one or more Class I areas due to emissions from sources in other
state(s) that participated in the regional planning process, and
collaborate with these other state(s) to develop additional strategies
to address deficiencies; (3) provide notification with supporting
information to EPA if the state determines that its existing regional
haze SIP is or may be inadequate to ensure reasonable progress at one
or more Class I areas due to emissions from sources in another country;
or (4) revise its regional haze SIP to address deficiencies within one
year if the state determines that its existing regional haze SIP is or
may be inadequate to ensure reasonable progress in one or more Class I
areas due to emissions from sources within the state.

III. What is EPA's analysis of Iowa's regional haze progress report and
adequacy determination?

    On July 16, 2013, IDNR submitted a revision to Iowa's regional haze
SIP to address progress made towards RPGs of Class I areas in the state
and Class I areas outside the state that are affected by emissions from
Iowa's sources. This progress report SIP also included a determination
of the adequacy of the state's existing regional haze SIP. Iowa has no
Class I areas within its borders. IDNR utilized particulate matter
source apportionment (PSAT) techniques for photochemical modeling
conducted by the Central Regional Air Planning Association (CENRAP) to
identify four Class I areas in two nearby states potentially impacted
by Iowa sources: Boundary Waters Canoe Area Wilderness (BOWA) and
Voyagers National Park (VOYA) in Minnesota, and Isle Royale National
Park (ISLE) and Seney Wilderness Area (SENE) in Michigan. Collectively
these four Class I areas are referred to as the Northern Midwest Class
I areas. 77 FR 11979.

A. Regional Haze Progress Report SIPs

    The following sections summarize: (1) Each of the seven elements
that must be addressed by the progress report under 40 CFR 51.308(g);
(2) how Iowa's progress report SIP addressed each element; and (3)
EPA's analysis and proposed determination as to whether the state
satisfied each element.
1. 40 CFR 51.308(g)(1)
    40 CFR 51.308(g)(1) requires a description of the status of
implementation of all measures included in the regional haze SIP for
achieving RPGs for Class I areas both within and outside the state.
    Iowa evaluated the status of all measures included in its 2008
regional haze SIP in accordance with 40 CFR 51.308(g)(1). Specifically,
in its progress report SIP, Iowa summarizes the status of the emissions
reduction measures that were included in the final iteration of the
Central Regional Air Planning Association (CENRAP) regional haze
emissions inventory and RPG modeling. Iowa also discusses the status of
those measures that were not included in the final CENRAP emissions
inventory and were not relied upon in the initial regional haze SIP to
meet RPGs. The state notes that the emissions reductions from these
measures, which are relied upon by Iowa for reasonable progress, will
help ensure Class I areas impacted by Iowa sources achieve their RPGs.
The measures include applicable Federal programs (e.g., mobile source
rules, Maximum Achievable Control Technology (MACT) standards, Federal
and state consent agreements, and Federal and state control strategies
for electric generating units (EGUs)). This summary includes a
discussion of the benefits associated with each measure.
    EPA proposes to find that Iowa's analysis adequately addresses 40
CFR 51.308(g)(1). The state documents the implementation status of
measures from its regional haze SIP as well as describes significant
measures resulting from EPA regulations other than the regional haze
program as they pertain to the state's sources. The progress report SIP
highlights the effect of several Federal control measures both
nationally and in the CENRAP region, and when possible, in the state.
    Regarding the status of BART and reasonable progress control
requirements for sources in the state, Iowa's progress report SIP notes
that no non-EGU BART sources were found to be BART eligible and
therefore, no BART specific emissions limits were developed.
Additionally, Iowa summarized its reasonable progress control
determinations from its regional haze SIP. Because the state found no
additional controls to be reasonable for the first implementation
period for sources evaluated for reasonable progress in Iowa, no
further discussion of the status of controls was necessary in the
progress report SIP.
    EPA proposes to conclude that Iowa has adequately addressed the
status of control measures in its regional haze SIP as required by 40
CFR 51.308(g)(1). Iowa describes the implementation status of measures
from its regional haze SIP, including the status of control measures to
meet BART and reasonable progress requirements, the status of
significant measures resulting from EPA regulations, as well as
measures that came into effect since the CENRAP analyses for the
regional haze SIP were completed.
2. 40 CFR 51.308(g)(2)
    40 CFR 51.308(g)(2) requires a summary of the emissions reductions
achieved in the state through the measures subject to 40 CFR
51.308(g)(1).
    In its regional haze SIP and progress report SIP, Iowa focuses its
assessment on NOX and SO2 emissions from EGUs
because available information from multiple sources (CENRAP, CAIR
provided by EPA's Clean Air Markets Division (CAMD), etc.) determined
that these compounds accounted for the majority of the visibility-
impairing pollution in the Central Region.
    During the period from 2002-2011, SO2 emissions
decreased in Iowa by 25 percent.\2\ Also during that same period,
NOX emissions decreased by 51 percent. Iowa noted that
Integrated Planning Model (IPM) projections for the 2018 planning
period indicated an anticipated increase in EGU SO2
emissions and decrease in EGU NOX emissions. Iowa notes that
the 2011 actual SO2 and NOX EGU emissions were
significantly below the projected 2018 values, representing
SO2 and NOX emissions that are 37 percent and 41
percent below their 2018 projections. Iowa also noted that these
decreases in emissions have occurred while actual heat input has
increased, indicating the reductions reflect cleaner generation and not
merely decreased electricity demand.
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    \2\ See also sections III.A.4. and III.A.6. of this action.
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    EPA proposes to conclude that Iowa has adequately addressed 40 CFR
51.308(g)(2). The state provides estimates, and where available, actual
emissions reductions of NOX and SO2 from EGUs in
Iowa that have occurred since Iowa submitted its regional haze SIP.
Iowa appropriately focused on NOX and SO2
emissions from its EGUs in its progress report SIP because it
previously identified these emissions as the most significant
contributors to visibility impairment at those areas that Iowa sources
impact. Given the large NOX and SO2 reductions at
EGUs that have actually occurred, further analysis of emissions from
other sources or other

pollutants, was ultimately unnecessary in this first implementation
period. Because no additional controls were found to be reasonable for
reasonable progress for the first implementation period for evaluated
sources in Iowa, EPA proposes to find that no further discussion of
emissions reductions from controls was necessary in the progress report
SIP.
3. 40 CFR 51.308(g)(3)
    40 CFR 51.308(g)(3) requires that states with Class I areas provide
the following information for the most impaired and least impaired days
for each area, with values expressed in terms of five-year averages of
these annual values:\3\
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    \3\ The ``most impaired days'' and ``least impaired days'' in
the regional haze rule refers to the average visibility impairment
(measured in deciviews) for the twenty percent of monitored days in
a calendar year with the highest and lowest amount of visibility
impairment, respectively, averaged over a five-year period. 40 CFR
51.301.
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    (i) current visibility conditions;
    (ii) the difference between current visibility conditions and
baseline visibility conditions; and
    (iii) the change in visibility impairment over the past five years.
    Iowa does not have any Class I areas within its boundaries, and as
this section pertains only to states containing Class I areas, no
further discussion is necessary. EPA proposes to conclude that Iowa has
adequately addressed 40 CFR 51.308(g)(3).
4. 40 CFR 51.308(g)(4)
    40 CFR 51.308(g)(4) requires an analysis tracking emissions changes
of visibility-impairing pollutants from the state's sources by type or
category over the past five years based on the most recent updated
emissions inventory.
    In its progress report SIP, Iowa presents data from a statewide
emissions inventory developed for the year 2002 and compares this data
to the National Emissions Inventory (NEI) version 2 (dated April 10,
2012), or simply the 2008 NEIv2. For both the 2002 dataset and the 2008
NEIv2 data, pollutants inventoried include volatile organic compounds,
NOX, fine particulate matter, coarse particulate matter,
ammonia, and SO2. The emissions inventories from both the
2002 dataset and the 2008 NEIv2 include the following: ammonia, area,
fugitive dust, offroad and onroad mobile sources, stationary point
sources, road dust, fires, and biogenic sources. The comparison of
emissions inventory data shows that emissions of the key visibility-
impairing pollutants identified by CENRAP for the central states,
NOX and SO2, continued to drop from 2002 to 2008
(decreasing 68,109 and 37,380 tons, respectively). While not all
emissions in Iowa contribute to visibility impairment at a Class I
area, Iowa chose to include a complete statewide inventory containing
emission rates for all anthropogenic and biogenic sources, however in
the Midwest, point source emissions of NOX and
SO2 are often more closely evaluated in the context of
regional haze.
    The comparison also shows that a projected increase in emissions of
fine and coarse particulate matter occurred, but increased less than
the projected amount. Actual increase in fine and course particulate
matter emissions during that same time period was by 20,318 and 173,147
tons, respectively. This increase was driven almost entirely by
fugitive dust emissions, and to a lesser extent the road dust sector
for coarse particulate emissions. Iowa also noted that the 2002
fugitive dust and road dust emissions estimates represent values after
the application of transport factors, while the 2008 data have not been
similarly adjusted. While the transport factor discrepancy does not
permit a precise comparison of the 2002 and 2008 fugitive dust and road
dust emissions, Iowa notes that a crude evaluation is possible assuming
a simple fifty percent reduction of the 2008 fugitive dust and road
dust emissions as a surrogate for the application of county-level
transport factors. This simple reduction would bring the 2008 fine
particulate and coarse particulate fugitive and road dust emissions in
line and generally below the 2002 values. Iowa further notes that such
emissions from Iowa are not known to contribute significantly to
visibility impairment at Class I areas.
    EPA proposes to conclude that Iowa has adequately addressed 40 CFR
51.308(g)(4). While ideally the five-year period to be analyzed for
emissions inventory changes is the time period since the current
regional haze SIP was submitted, there is an inevitable time lag in
developing and reporting complete emissions inventories once quality-
assured emissions data becomes available. Therefore, EPA believes that
there is some flexibility in the five-year time period that states can
select. Iowa tracked changes in emissions of visibility-impairing
pollutants using the 2008 National Emissions Inventory, the most recent
updated inventory of actual emissions for the state at the time that it
developed the progress report SIP. EPA believes that Iowa's use of the
six-year period from 2002-2008 reflects a conservative picture of the
actual emissions realized between 2002-2013, as in many cases, Iowa had
already reached or surpassed their 2018 goals by 2008. There also is a
general downward trend from 2002-2008, so it is likely additional
NOX and SO2 emissions reductions occurred between
the 2008 data and actual conditions in 2013.
5. 40 CFR 51.308(g)(5)
    40 CFR 51.308(g)(5) requires an assessment of any significant
changes in anthropogenic emissions within or outside the state that
have occurred over the past five years that have limited or impeded
progress in reducing pollutant emissions and improving visibility in
Class I areas impacted by the state's sources.
    In its progress report SIP, Iowa addresses the changes in
anthropogenic emissions between the 2008 NEIv2 data and the 2018
projections from the initial regional haze SIP. Iowa noted that there
have been significant reductions among anthropogenic emissions
categories, and that during the period from 2002-2008, in many cases
the emissions reductions had already dropped below the 2018
projections. An increase in ammonia (NH3) was noted,
however, the actualized increase was less than the projected increase
and Iowa is still on track to meet the 2018 NH3 emissions
target. Iowa also noted that it is uncertain if this increase is a
reasonable representation of actual emissions increases or if it is
computational in nature, because of changes to the versions and inputs
to the Carnegie Mellon University (CMU) NH3 emissions model.
Iowa concluded that emissions reductions of all pollutants in 2008 were
generally ahead of schedule or had already met the 2018 projections,
and that no changes in anthropogenic emissions have limited or impeded
progress in reducing pollutant emissions and improving visibility.
    EPA proposes to conclude that Iowa has adequately addressed 40 CFR
51.308(g)(5). Iowa demonstrated that there are no significant changes
in anthropogenic emissions that have impeded progress in reducing
emissions and improving visibility in Class I areas impacted by Iowa
sources. The state referenced its analyses in the progress report SIP
identifying an overall downward trend in these emissions from 2002 to
2008. Further, the progress report SIP shows that Iowa is on track to
meeting its 2018 emissions projections.
6. 40 CFR 51.308(g)(6)
    40 CFR 51.308(g)(6) requires an assessment of whether the current
regional haze SIP is sufficient to enable Iowa, or other states, to
meet the RPGs

for Class I areas affected by emissions from the state.
    In its progress report Iowa states that it believes that the
elements and strategies outlined in its original regional haze SIP are
sufficient to enable Iowa and other neighboring states to meet all the
established RPGs. To support this conclusion, Iowa notes that the
actual 2011 EGU emissions of SO2 and NOX are
already below the 2018 projected emissions (by 55,408 and 27,055 tons,
respectively), with further decreases expected. In particular, Iowa
notes that the emissions reductions already achieved in the 2007 to
2011 period and the additional reductions not accounted for in the
original regional haze SIP (as discussed previously for purposes of 40
CFR 51.308(g)(1)) further support Iowa's conclusion that the regional
haze SIP's elements and strategies are sufficient to meet the
established RPGs.
    EPA proposes to conclude that Iowa has adequately addressed 40 CFR
51.308(g)(6). EPA views this requirement as a qualitative assessment
that should evaluate emissions and visibility trends and other readily
available information, including expected emissions reductions
associated with measures with compliance dates that have not yet become
effective. Iowa referenced the improving visibility trends at affected
Class I areas and the downward emissions trends in the state, with a
focus on NOX and SO2 emissions from Iowa's EGUs
that support Iowa's determination that its regional haze SIP is
sufficient to meet RPGs for Class I areas outside the state impacted by
Iowa sources. EPA believes that Iowa's conclusion regarding the
sufficiency of the regional haze SIP is appropriate because of the
calculated visibility improvement using the latest available data and
the downward trend in NOX and SO2 emissions from
EGUs in Iowa.
7. 40 CFR 51.308(g)(7)
    40 CFR 51.308(g)(7) requires a review of the state's visibility
monitoring strategy and an assessment of whether any modifications to
the monitoring strategy are necessary. In its progress report SIP, Iowa
summarizes the existing IMPROVE monitoring network and its intended
continued reliance on IMPROVE for visibility planning. Iowa operates
two IMPROVE Protocol sampling sites, one at Viking Lake State Park in
southwestern Iowa, and the other at Lake Sugema Wildlife Management in
southeastern Iowa.
    EPA proposes to conclude that Iowa has adequately addressed the
sufficiency of its monitoring strategy as required by 40 CFR
51.308(g)(7). Iowa reaffirmed its continued reliance upon the IMPROVE
monitoring network.

B. Determination of Adequacy of Existing Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to take one of four
possible actions based on the information gathered and conclusions made
in the progress report SIP. The following section summarizes: (1) the
action taken by Iowa under 40 CFR 51.308(h); (2) Iowa's rationale for
the selected action; and (3) EPA's analysis and proposed determination
regarding the state's action.
    In its progress report SIP, Iowa took the action provided for by 40
CFR 51.308(h)(1), which allows a state to submit a negative declaration
to EPA if the state determines that the existing regional haze SIP
requires no further substantive revision at this time to achieve the
RPGs for Class I areas affected by the state's sources. The basis for
Iowa's negative declaration is the findings from the progress report
(as discussed in section III.A of this action), including the findings
that: NOX and SO2 emissions from Iowa's sources
have decreased beyond original projections; and the NOX and
SO2 emissions from EGUs in Iowa are already below the levels
projected for 2018 in the regional haze SIP and are expected to
continue to trend downward for the next five years. Based on these
findings, EPA proposes to agree with Iowa's conclusion under 40 CFR
51.308(h) that no further substantive changes to its regional haze SIP
are required at this time.

IV. What action is EPA proposing to take?

    EPA is proposing approval of a revision to the Iowa SIP, submitted
by the State of Iowa on July 16, 2013, as meeting the applicable
regional haze requirements as set forth in 40 CFR 51.308(g) and
51.308(h).

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 13, 2014.
Mark J. Hague,
Acting Regional Administrator, Region 7.
[FR Doc. 2014-15686 Filed 7-2-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32660-32664]
[FR Doc No: 2016-12123]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8435]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Patricia Suber, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local

floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 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.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III

Maine: Andrews Island, Knox           230967  April 4, 1979,      July 6, 2016..........  July 6, 2016.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Appleton, Town of, Knox County        230073  July 22, 1975,      ......do*.............   Do.
                                               Emerg; December
                                               4, 1985, Reg;
                                               July 6, 2016,
                                               Susp.
Bar Island, Knox County.......        230974  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Birch Island, Knox County.....        230966  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Brig Ledge, Knox County.......        230947  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Camden, Town of, Knox County..        230074  May 21, 1975,       ......do..............   Do.
                                               Emerg; May 4,
                                               1988, Reg; July
                                               6, 2016, Susp
Camp Cove Ledge, Knox County..        230945  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Camp Island, Knox County......        230962  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Clam Ledges, Knox County......        230970  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.

Crescent Island, Knox County..        230955  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Criehaven, Township of, Knox          231034  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Crow Island, Knox County......        230978  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Cushing, Town of, Knox County.        230224  May 7, 1976,        ......do..............   Do.
                                               Emerg; July 16,
                                               1990, Reg; July
                                               6, 2016, Susp.
Dix Island, Knox County.......        230965  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
East Goose Rock, Knox County..        230990  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Egg Rock, Knox County.........        230991  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Fisherman Island, Knox County.        230953  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Flag Island, Knox County......        230972  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Fort Kent, Town of, Aroostook         230019  April 10, 1974,     ......do..............   Do.
 County.                                       Emerg; June 4,
                                               1980, Reg; July
                                               6, 2016, Susp.
Friendship, Town of, Knox             230225  September 13,       ......do..............   Do.
 County.                                       1978, Emerg; July
                                               16, 1990, Reg;
                                               July 6, 2016,
                                               Susp.
Goose Island, Knox County.....        230987  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Gooseberry Knob, Knox County..        230959  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Graffam Island, Knox County...        230975  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Great Pond Island, Knox County        230961  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Green Ledge, Knox County......        230944  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Herring Ledge, Knox County....        230937  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Hewett Island, Knox County....        230971  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
High Island, Knox County......        230964  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
High Ledge, Knox County.......        230946  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Hog Island, Knox County.......        230934  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Hope, Town of, Knox County....        230226  April 5, 1976,      ......do..............   Do.
                                               Emerg; February
                                               19, 1986, Reg;
                                               July 6, 2016,
                                               Susp.
Large Green Island, Knox              230936  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Lasell Island, Knox County....        230983  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Little Green Island, Knox             230935  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Little Hurricane Island, Knox         230973  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Little Pond Island, Knox              230960  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Little Two Bush Island, Knox          230980  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Marblehead Island, Knox County        230954  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Mark Island, Knox County......        230988  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Matinicus Isle Plantation,            230603  April 25, 1975,     ......do..............   Do.
 Knox County.                                  Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Metinic Green Island, Knox            230932  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Metinic Island, Knox County...        230931  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Mink Island, Knox County......        230976  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Mouse Island, Knox County.....        230986  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.

Muscle Ridge Township, Knox           230979  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Nettle Island, Knox County....        230969  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
North Haven, Town of, Knox            230228  April 2, 1976,      ......do..............   Do.
 County.                                       Emerg; July 16,
                                               1991, Reg; July
                                               6, 2016, Susp.
Oak Island, Knox County.......        230957  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Otter Island, Knox County.....        230956  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Owls Head, Town of, Knox              230075  July 30, 1975,      ......do..............   Do.
 County.                                       Emerg; June 19,
                                               1989, Reg; July
                                               6, 2016, Susp.
Pleasant Island, Knox County..        230977  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Pudding Island, Knox County...        230941  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Ragged Island, Knox County....        230940  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Robinson Rock, Knox County....        230989  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Rockland, City of, Knox County        230076  October 31, 1975,   ......do..............   Do.
                                               Emerg; January 5,
                                               1989, Reg; July
                                               6, 2016, Susp.
Rockport, Town of, Knox County        230077  July 2, 1975,       ......do..............   Do.
                                               Emerg; May 4,
                                               1989, Reg; July
                                               6, 2016, Susp.
Saddle Island, Knox County....        230982  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Saint George, Town of, Knox           230229  March 30, 1976,     ......do..............   Do.
 County.                                       Emerg; September
                                               1, 1989, Reg;
                                               July 6, 2016,
                                               Susp.
Seal Island, Knox County......        230948  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Shag Ledge, Knox County.......        230942  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
South Thomaston, Town of, Knox        230078  July 23, 1975,      ......do..............   Do.
 County.                                       Emerg; May 17,
                                               1989, Reg; July
                                               6, 2016, Susp.
Spectacle Island, Knox County.        230963  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
The Nubble, Knox County.......        230933  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Thomaston, Town of, Knox              230079  May 12, 1975,       ......do..............   Do.
 County.                                       Emerg; December
                                               4, 1985, Reg;
                                               July 6, 2016,
                                               Susp.
Union, Town of, Knox County...        230080  July 3, 1975,       ......do..............   Do.
                                               Emerg; March 18,
                                               1987, Reg; July
                                               6, 2016, Susp.
Vinalhaven, Town of, Knox             230230  April 18, 1975,     ......do..............   Do.
 County.                                       Emerg; March 1,
                                               1987, Reg; July
                                               6, 2016, Susp.
Warren, Town of, Knox County..        230081  June 12, 1975,      ......do..............   Do.
                                               Emerg; April 17,
                                               1985, Reg; July
                                               6, 2016, Susp.
Washington, Town of, Knox             230082  December 4, 2003,   ......do..............   Do.
 County.                                       Emerg; March 1,
                                               2004, Reg; July
                                               6, 2016, Susp.
Wheeler Big Rock, Knox County.        230939  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Wooden Ball Island, Knox              230950  April 4, 1979,      ......do..............   Do.
 County.                                       Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Yellow Ledge, Knox County.....        230981  April 4, 1979,      ......do..............   Do.
                                               Emerg; April 30,
                                               1984, Reg; July
                                               6, 2016, Susp.
Massachusetts: Bedford, Town          255209  April 2, 1971,      ......do..............   Do.
 of, Middlesex County.                         Emerg; September
                                               7, 1973, Reg;
                                               July 6, 2016,
                                               Susp.
Billerica, Town of, Middlesex         250183  August 18, 1972,    ......do..............   Do.
 County.                                       Emerg; November
                                               5, 1980, Reg;
                                               July 6, 2016,
                                               Susp.
Burlington, Town of, Middlesex        250185  January 2, 1976,    ......do..............   Do.
 County.                                       Emerg; July 5,
                                               1984, Reg; July
                                               6, 2016, Susp.
Lexington, Town of, Middlesex         250198  July 31, 1975,      ......do..............   Do.
 County.                                       Emerg; June 1,
                                               1978, Reg; July
                                               6, 2016, Susp.
Tewksbury, Town of, Middlesex         250218  December 10, 1971,  ......do..............   Do.
 County.                                       Emerg; July 18,
                                               1977, Reg; July
                                               6, 2016, Susp.
Wilmington, Town of, Middlesex        250227  July 1, 1974,       ......do..............   Do.
 County.                                       Emerg; June 15,
                                               1982, Reg; July
                                               6, 2016, Susp.

           Region VI

Louisiana: Bastrop, City of,          220127  July 2, 1975,       ......do..............   Do.
 Morehouse Parish.                             Emerg; December
                                               16, 1980, Reg;
                                               July 6, 2016,
                                               Susp.

Bonita, Village of, Morehouse         220316  April 3, 1997,      ......do..............   Do.
 Parish.                                       Emerg; April 1,
                                               2007, Reg; July
                                               6, 2016, Susp.
Collinston, Village of,               220399  June 17, 1991,      ......do..............   Do.
 Morehouse Parish.                             Emerg; N/A, Reg;
                                               July 6, 2016,
                                               Susp.
Mer Rouge, Village of,                220128  May 3, 1973,        ......do..............   Do.
 Morehouse Parish.                             Emerg; June 27,
                                               1978, Reg; July
                                               6, 2016, Susp.
Morehouse Parish,                     220367  April 14, 1983,     ......do..............   Do.
 Unincorporated Areas.                         Emerg; October
                                               15, 1985, Reg;
                                               July 6, 2016,
                                               Susp.
New Mexico: Dona Ana County,          350012  January 19, 1976,   ......do..............   Do.
 Unincorporated Areas.                         Emerg; September
                                               27, 1991, Reg;
                                               July 6, 2016,
                                               Susp.
Hatch, Village of, Dona Ana           350013  December 10, 1974,  ......do..............   Do.
 County.                                       Emerg; January 3,
                                               1986, Reg; July
                                               6, 2016, Susp.
Las Cruces, City of, Dona Ana         355332  July 24, 1970,      ......do..............   Do.
 County.                                       Emerg; June 11,
                                               1971, Reg; July
                                               6, 2016, Susp.
Mesilla, Town of, Dona Ana            350113  March 7, 1975,      ......do..............   Do.
 County.                                       Emerg; May 28,
                                               1985, Reg; July
                                               6, 2016, Susp.
Sunland Park, City of, Dona           350147  N/A, Emerg;         ......do..............   Do.
 Ana County.                                   November 8, 2006,
                                               Reg; July 6,
                                               2016, Susp.
----------------------------------------------------------------------------------------------------------------
*.....do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.

    Dated: May 12, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2016-12123 Filed 5-23-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]
[Page 38156-38158]
[DOCID:fr01jy10-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-29333]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

June 25, 2010.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
June 2010. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>. An order granting each application will be
issued unless the SEC orders a hearing. Interested persons may request
a hearing on any application by writing to the SEC's Secretary at the
address below and serving the relevant applicant with a copy of the
request, personally or by mail. Hearing requests should be received by
the SEC by 5:30 p.m. on July 20, 2010, and should be accompanied by
proof of service on the applicant, in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the writer's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary, U.S. Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

Core Strategies Fund [File No. 811-21615]; Core Strategies Managed
Volatility Fund [File No. 811-21710]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company.
Applicants have never made a public offering of their securities and do
not propose to make a public offering or engage in business of any
kind.

    Filing Dates: The applications were filed on May 5, 2010, and
amended on June 10, 2010.
    Applicants' Address: 2450 Colorado Ave., Suite 100 East Tower,
Santa Monica, CA 90404.

American Independence Financial Solutions Funds Trust [File No. 811-
22246]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on April 7, 2010 and
amended on June 10, 2010.
    Applicant's Address: 335 Madison Ave., Mezzanine, New York, NY
11017.

Dreyfus Inflation Adjusted Securities Fund, Inc. [File No. 811-7937]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has never made a public offering of
its securities and does not propose to make a public offering or engage
in business of any kind.
    Filing Dates: The application was filed on March 9, 2010, and
amended on June 2, 2010.
    Applicant's Address: The Dreyfus Corporation, 200 Park Ave., New
York, NY 10166.

Dreyfus Ohio Municipal Money Market Fund, Inc. [File No. 811-6272]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 2, 1996, applicant transferred its
assets to Dreyfus Municipal Money Market Fund, Inc., based on net asset
value. Expenses of $48,500 incurred in connection with the
reorganization were paid by applicant and the surviving fund.
    Filing Dates: The application was filed on April 8, 2010, and
amended on June 2, 2010.
    Applicant's Address: c/o The Dreyfus Corporation, 200 Park Ave.,
New York, NY 10166.

Dreyfus Capital Value Fund, Inc. [File No. 811-3943]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 25, 1996, applicant transferred its
assets to Comstock Partners Capital Value Fund, a portfolio of Comstock
Funds, Inc., based on net asset value. Expenses of $45,000 incurred in
connection with the reorganization were paid by The Dreyfus
Corporation, applicant's investment adviser, and Comstock Partners,
applicant's sub-investment adviser.
    Filing Dates: The application was filed on April 8, 2010, and
amended on June 2, 2010.
    Applicant's Address: c/o The Dreyfus Corporation, 200 Park Ave.,
New York, NY 10166.

Security Cash Fund [File No. 811-3073]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 10, 2009, applicant transferred its
assets to Rydex U.S. Government Money Market Fund, a series of Rydex
Series Funds, based on net asset value. Expenses of approximately
$23,472 incurred in connection with the reorganization were paid by
applicant and Security Investors, LLC, applicant's investment adviser.
    Filing Dates: The application was filed on April 1, 2010 and
amended on June 2, 2010.
    Applicant's Address: One Security Benefit Place, Topeka, KS 66636-
0001.

Prudential Institutional Liquidity Portfolio, Inc. [File No. 811-5336]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 24, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $13,000 incurred in connection with the liquidation were
paid by applicant.
    Filing Dates: The application was filed on May 4, 2010, and amended
on June 16, 2010.
    Applicant's Address: Gateway Center Three, 100 Mulberry St.,
Newark, NJ 07102-4077.

CNL Funds [File No. 811-22017]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On February 27, 2010, applicant transferred
its assets to American Beacon Global Real Estate Fund, a newly created
series of American Beacon Funds (the ``successor fund''), and shares of
applicant were exchanged on a one for one basis with shares of the
successor fund. Expenses of $209,100 incurred in connection with the
reorganization were paid by CNL Fund Advisors Company, applicant's
investment adviser, and American Beacon Fund Advisors, the successor
fund's investment adviser.
    Filing Dates: The application was filed on May 5, 2010, and amended
on June 17, 2010.
    Applicant's Address: 450 S. Orange Ave., Orlando, FL 32801.

DMR Mortgage Opportunity Fund LP [File No. 811-22203]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On January
14, 2010, applicant made a final liquidating distribution to its
shareholders, based on net asset value. Expenses of $194,000 incurred
in connection with the liquidation were paid by applicant.
    Filing Dates: The application was filed on March 4, 2010, and
amended on June 17, 2010.
    Applicant's Address: c/o Declaration Management & Research LLC,
1800 Tysons Blvd., Suite 200, McLean, VA 22102.

PNC Funds, Inc. [File No. 811-5782]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. By February 5, 2010, each series of applicant
had transferred its assets to corresponding series of PNC Funds
(formerly known as Allegiant Funds), based on net asset value. Expenses
of approximately $1,473,418 incurred in connection with the
reorganization were paid by PNC Financial Services Group, Inc., the
parent of applicant's investment adviser.
    Filing Dates: The application was filed on February 11, 2010, and
amended on June 18, 2010, and June 23, 2010.
    Applicant's Address: Two Hopkins Plaza, Baltimore, MD 21201.

Evergreen Diversified Income Opportunities Fund [File No. 811-22096]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on June 2, 2010.
    Applicant's Address: 200 Berkeley St., Boston, MA 02116.

Oppenheimer Inflation Protected Securities Fund [File No. 811-22313]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has never made a public offering of
its securities and does not propose to make a public offering or engage
in business of any kind.
    Filing Date: The application was filed on June 4, 2010.
    Applicant's Address: 6803 S. Tucson Way, Centennial, CO 80112.

Neuberger Berman Dividend Advantage Fund Inc. [File No. 811-21499]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On October
30, 2009, applicant made a liquidating distribution to its
shareholders, based on net asset value. Applicant's noteholders were
paid on the basis of the amount of principal outstanding plus accrued
interest. Applicant's preferred stockholders received $25,000 per share
of preferred stock, plus an amount equal to the accumulated but unpaid
distributions. Expenses of $113,800 incurred in connection with the
liquidation were paid by applicant. Applicant has retained $17,000 in
cash to pay miscellaneous outstanding expenses.
    Filing Date: The application was filed on May 24, 2010.
    Applicant's Address: 605 Third Ave., 2nd Floor, New York, NY 10158-
0180.

Weiss Fund [File No. 811-9084]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 30, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $27,461 incurred in connection with the liquidation were
paid by Weiss Capital Management Inc., applicant's investment adviser.
Outstanding operating expenses of $97,136 also will be paid by Weiss
Capital Management, Inc.
    Filing Date: The application was filed on June 7, 2010.
    Applicant's Address: 7111 Fairway Dr., Suite 102, Palm Beach
Gardens, FL 33418.

Presidio Funds [File No. 811-21707]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 30, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $6,627 incurred in connection with the liquidation were
paid by KCO Investments, Inc., applicant's investment adviser.
    Filing Date: The application was filed on June 7, 2010.
    Applicant's Address: 3717 Buchanan St., Suite 200, San Francisco,
CA 94123.

Pioneer International Equity Fund [File No. 811-7733]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 12, 2009, applicant transferred its
assets to Pioneer International Value Fund, a series of Pioneer Series
Trust VIII, based on net asset value. Expenses of approximately $12,531
incurred in connection with the reorganization were paid by applicant,
the acquiring fund, and Pioneer Investment Management, Inc.,
applicant's investment adviser.
    Filing Date: The application was filed on June 4, 2010.
    Applicant's Address: 60 State St., Boston, MA 02109.

Legg Mason Income Trust, Inc. [File No. 811-5029]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 10, 2009, applicant transferred its
assets to Legg Mason Partners Income Trust, based on net asset value.
Expenses of approximately $406,932 incurred in connection with the
reorganization were paid by Legg Mason, Inc. and the acquiring fund.
    Filing Date: The application was filed on June 9, 2010.
    Applicant's Address: 100 International Dr., 7th Floor, Baltimore,
MD 21202.

First Funds [File No. 811-10569]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On or about December 18, 2009, applicant made
a liquidating distribution to its shareholders, based on net asset
value. Expenses of $6,525 incurred in connection with the liquidation
were paid by applicant and First Financial Capital Advisors LLC,
applicant's investment adviser.
    Filing Date: The application was filed on June 15, 2010.
    Applicant's Address: 3435 Stelzer Rd., Columbus, OH 43219.

IQ Legacy Fund [File No. 811-22163]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on June 21, 2010.
    Applicant's Address: 4 World Financial Center, 6th Floor, New York,
NY 10080.

Old Mutual Financial Separate Account VA [File No. 811-21952]

    Summary: Applicant, a separate account established by OM Financial
Life Insurance Company (Depositor) to co-issue certain variable annuity
contracts, seeks an order declaring that it has ceased to be an
investment company. The Applicant is registered as an UIT and does not
have a board of directors. The board of directors of the Depositor
voted to deregister the Applicant on April 22, 2010. All contract
owners have redeemed their contracts, no contracts remain outstanding,
and the Depositor does not presently propose to make a public offering
of the contracts or any other variable annuity through the Applicant.
As of April 5, 2010, Applicant had distributed all its assets to its
shareholders.
    Filing Date: The application was filed on April 29, 2010.
    Applicant's Address: 1001 Fleet Street, 6th Floor, Legal, Baltimore
MD 21202.

UBS Series Trust [File No. 811-4919]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 27, 2009, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $7,500 incurred in connection with the
liquidation were paid by UBS Global Asset Management (Americas) Inc.,
applicant's investment adviser.
    Filing Dates: The application was filed on December 23, 2009, and
amended on March 19, 2010.
    Applicant's Address: 1285 Avenue of the Americas, 12th Floor, New
York, NY 10019-6028.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-16038 Filed 6-30-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Notices]
[Page 22599-22601]
[DOCID:fr29ap10-76]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0153]

Draft Guidance for Industry and Food and Drug Administration
Staff; Food and Drug Administration and Industry Procedures for Section
513(g) Requests for Information Under the Federal Food, Drug, and
Cosmetic Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the draft guidance entitled ``Draft Guidance for
Industry and FDA Staff; FDA and Industry Procedures for Section 513(g)
Requests for Information Under the Federal Food, Drug, and Cosmetic
Act.'' This draft guidance is not final nor is it in effect at this
time. Elsewhere in this issue of the Federal Register, FDA is also
publishing a notice of availability for a draft guidance entitled
``Draft Guidance for Industry and FDA Staff; User Fees for 513(g)
Requests for Information.''

DATES:  Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comments on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on this draft guidance
by July 28, 2010. Submit written or electronic comments on the
collection of information by June 28, 2010.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written requests for single
copies of the draft guidance document entitled ``Draft Guidance for
Industry and FDA Staff; FDA and Industry Procedures for Section 513(g)
Requests for Information Under the Federal Food, Drug, and Cosmetic
Act'' to the Division of Small Manufacturers, International, and
Consumer Assistance, Center for Devices and Radiological Health, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 4613,
Silver Spring, MD 20993-0002, or to the Office of Communication,
Outreach and Development (HFM-40), Center for Biologics Evaluation and
Research (CBER), Food and Drug Administration, 1401 Rockville Pike,
suite 200N, Rockville, MD 20852-1448. The draft guidance may also be
obtained by mail by calling CBER at 1-800-835-4709 or<PHONE_NUMBER>.
Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to CDRH to<PHONE_NUMBER>.
See the SUPPLEMENTARY INFORMATION section for information on electronic
access to the guidance.
    Submit written comments concerning this draft guidance and the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov. Identify comments with the docket number found in
brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Heather S. Rosecrans, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, rm., 1532, Silver Spring, MD 20993-0002,
301-796-6571, or Steve Ripley, Center for Biologics Evaluation and
Research, (HFM-17),

Food and Drug Administration, 1401 Rockville Pike, Suite 200N,
Rockville, MD 20852,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 513(g) of the Federal Food, Drug and Cosmetic Act (the act)
(21 U.S.C. 360c(g) provides a means for obtaining the FDA's views about
the classification and the regulatory requirements that may be
applicable to a particular device. The purpose of this draft guidance
is to establish procedures for submitting, reviewing, and responding to
requests for information respecting the class in which a device has
been classified or the requirements applicable to a device under the
act that are submitted in accordance with section 513(g) of the act.
FDA does not review data related to substantial equivalence or safety
and effectiveness in a 513(g) Request for Information. FDA's responses
to 513(g) Requests for Information are not device classification
decisions and do not constitute FDA clearance or approval for
marketing. Classification decisions and clearance or approval for
marketing require submissions under different sections of the act.
Additionally, the act, as amended by the FDA Amendments Act of 2007
(FDAAA) (Public Law 110-85), requires FDA to collect user fees for
513(g) Request for Information. Elsewhere in this issue of the Federal
Register, FDA is also publishing a notice of availability for a draft
guidance entitled ``Draft Guidance for Industry and FDA Staff; User
Fees for 513(g) Requests for Information.''

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's current
thinking on this topic. It does not create or confer any rights for or
on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirement of the applicable statutes and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by using the Internet. To receive ``Draft Guidance for Industry and
FDA Staff; FDA and Industry Procedures for Section 513(g) Requests for
Information Under the Federal Food, Drug, and Cosmetic Act,'' you may
either send an email request to<EMAIL_ADDRESS>to receive an
electronic copy of the document or send a fax request to<PHONE_NUMBER>
to receive a hard copy. Please use the document number 1671 to identify
the guidance you are requesting. A search capability for all CDRH
guidance documents is available at http://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/GuidanceDocuments/default.htm or on the
CBER Internet site at http://www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm. Guidance
documents are also available at http://www.regulations.gov.

IV. Paperwork Reduction Act of 1995

    Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. ``Collection of
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and
includes agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires
Federal agencies to provide a 60-day notice in the Federal Register
concerning each proposed collection of information before submitting
the collection to OMB for approval. To comply with this requirement,
FDA is publishing notice of the proposed collection of information set
forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
    Title: Draft Guidance for Industry and FDA Staff: FDA and Industry
Procedures for Section 513(g) Requests for Information Under the
Federal Food, Drug, and Cosmetic Act.
    Description: Section 513(g) of the act provides a means for
obtaining the agency's views about the classification and the
regulatory requirements that may be applicable to your particular
device. Section 513(g) provides that within 60 days of the receipt of a
written request of any person for information respecting the class in
which a device has been classified or the requirements applicable to a
device under this act, the Secretary of Health and Human Services shall
provide such person a written statement of the classification (if any)
of such device and the requirements of this act applicable to the
device.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                        Number of       Annual Frequency     Total Annual         Hours per
 FD&C Act  513(g)      Respondents        per Response         Responses          Response         Total Hours
----------------------------------------------------------------------------------------------------------------
CDRH                              110                  1                 110                12             1,320
----------------------------------------------------------------------------------------------------------------
CBER                                4                  1                   4                12                48
----------------------------------------------------------------------------------------------------------------
Total                                                                                1,368
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA based its estimates on the number of 513(g) Requests for
Information received by both CDRH and CBER in 2007-2009. Elsewhere in
this issue of the Federal Register, FDA is publishing a document
announcing the availability of a draft guidance document entitled
``Draft Guidance for Industry and FDA Staff; User Fees for 513(g)
Requests for Information.''
    This draft guidance also refers to previously approved collections
of information found in FDA regulations. These collections of
information are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3502). The collections

of information in 21 CFR part 807, subpart E have been approved under
OMB control number 0910-0120; the collections of information in 21 CFR
part 814 have been approved under OMB control number 0910-0231; the
collections of information in 21 CFR part 801 have been approved under
OMB control number 0910-0485; the collections of information in 21 CFR
860.123 have been approved under OMB control number 0910-0138.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(See ADDRESSES), written or electronic comments regarding this
document. Submit a single copy of electronic comments or two paper
copies of any mailed comments, except that individuals may submit one
paper copy. Comments are to be identified with the docket number found
in brackets in the heading of this document. Received comments may be
seen in the Division of Dockets Management between 9 a.m. and 4 p.m.,
Monday through Friday.

    Dated: April 23, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-9937 Filed 4-28-10; 8:45 am]
BILLING CODE 4160-01-S