[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33177-33178]
[FR Doc No: 2020-11726]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2032]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before August 31, 2020.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2032, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

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

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              DeSoto County, Florida and Incorporated Areas
          Project: 14-04-2183S Preliminary Date: July 12, 2019
------------------------------------------------------------------------
Unincorporated Areas of DeSoto County..  DeSoto County Planning
                                          Department, 201 East Oak
                                          Street, Arcadia, FL 34266.
------------------------------------------------------------------------

              Hendry County, Florida and Incorporated Areas
          Project: 14-04-2182S Preliminary Date: June 27, 2019
------------------------------------------------------------------------
City of LaBelle........................  Building Department, 481 West
                                          Hickpochee Avenue, LaBelle, FL
                                          33935.
Unincorporated Areas of Hendry County..  Hendry County Engineering
                                          Department, 99 East Cowboy
                                          Way, LaBelle, FL 33935.
------------------------------------------------------------------------
               Lee County, Florida and Incorporated Areas
          Project: 14-04-2182S Preliminary Date: June 28, 2019
------------------------------------------------------------------------
City of Bonita Springs.................  Community Development, 9220
                                          Bonita Beach Road, Bonita
                                          Springs, FL 34135.
City of Cape Coral.....................  Community Development, 1015
                                          Cultural Park Boulevard, Cape
                                          Coral, FL 33990.
City of Fort Myers.....................  Building Department, 1825
                                          Hendry Street, Fort Myers, FL
                                          33901.
City of Sanibel........................  City Hall, 800 Dunlop Road,
                                          Sanibel, FL 33957.
Town of Fort Myers Beach...............  Public Works Department, 2525
                                          Estero Boulevard, Fort Myers
                                          Beach, FL 33931.
Unincorporated Areas of Lee County.....  Lee County Community
                                          Development and Public Works
                                          Center, 1500 Monroe Street,
                                          Fort Myers, FL 33901.
Village of Estero......................  Community Development
                                          Department, 9401 Corkscrew
                                          Palms Circle, 1st Floor,
                                          Estero, FL 33928.
------------------------------------------------------------------------
                Hays County, Texas and Incorporated Areas
         Project: 16-06-1113S Preliminary Date: October 29, 2019
------------------------------------------------------------------------
City of San Marcos.....................  Engineering Department,
                                          Municipal Building, 630 East
                                          Hopkins Street, San Marcos, TX
                                          78666.
City of Wimberley......................  Planning and Development
                                          Department, 221 Stillwater
                                          Road, Wimberley, TX 78676.
Unincorporated Areas of Hays County....  Hays County Development
                                          Services Department, 2171
                                          Yarrington Road, Suite 100,
                                          Kyle, TX 78640.
------------------------------------------------------------------------
             Pulaski County, Virginia and Incorporated Areas
         Project: 18-03-0014S Preliminary Date: January 31, 2020
------------------------------------------------------------------------
Town of Pulaski........................  Municipal Building, 42 1st
                                          Street Northwest, Pulaski, VA
                                          24301.
Unincorporated Areas of Pulaski County.  Pulaski County Administration
                                          Building, 143 3rd Street
                                          Northwest, Pulaski, VA 24301.
------------------------------------------------------------------------
          Nicholas County, West Virginia and Incorporated Areas
        Project: 19-03-0002S Preliminary Date: November 22, 2019
------------------------------------------------------------------------
City of Richwood.......................  J.H. Meadows Municipal Complex,
                                          6 White Avenue, Richwood, WV
                                          26261.
Unincorporated Areas of Nicholas County  Nicholas County Division of
                                          Homeland Security and
                                          Emergency Management, 511
                                          Church Street, LO2,
                                          Summersville, WV 26651.
------------------------------------------------------------------------
          Summers County, West Virginia and Incorporated Areas
        Project: 19-03-0002S Preliminary Date: November 22, 2019
------------------------------------------------------------------------
City of Hinton.........................  City Hall, 322 Summers Street,
                                          Hinton, WV 25951.
Unincorporated Areas of Summers County.  Summers County Courthouse, 120
                                          Ballengee Street, Suite 203,
                                          Hinton, WV 25951.
------------------------------------------------------------------------

[FR Doc. 2020-11726 Filed 5-29-20; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Page 5638]
[FR Doc No: 2018-02536]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-1006]

List of Vessels Prohibited From Entering or Operating Within the
Navigable Waters of the United States, Pursuant to the Ports and
Waterways Safety Act, as Amended by the Countering America's
Adversaries Through Sanctions Act

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: This document announces the availability of a list of vessels
that are generally prohibited from entering the navigable waters of the
United States or transferring cargo in the United States. The list,
which is developed by the Department of State, will be publicly
available on the Coast Guard National Vessel Movement Center (NVMC)
website at www.nvmc.uscg.gov/CAATSA.aspx and will be updated
periodically on the website. The Ports and Waterways Safety Act, as
amended by the Countering America's Adversaries Through Sanctions Act
(CAATSA) generally prohibits the entry of vessels on this list, and
generally prohibits the entry of vessels registered to a Flag State
that retains in its registry a vessel identified on this list 180 days
after the most recent publication. The CAATSA amendment also generally
prohibits such vessels from transferring cargo in any port or place
under the jurisdiction of the United States.

DATES: The list of vessels will be available on February 2, 2018, and
will be updated periodically thereafter.

ADDRESSES: The list of prohibited vessels will be available online at
www.nvmc.uscg.gov/CAATSA.aspx. This notice of availability can be
viewed online, under docket USCG-2017-1006, using the Federal
eRulemaking Portal at http://www.regulations.gov.
    If you have questions about this notice, call or email the Coast
Guard's Headquarters Foreign & Offshore Vessel Compliance Division,
202-372-1232, [email protected].

SUPPLEMENTARY INFORMATION: On August 2, 2017, the President signed into
law the Countering America's Adversaries Through Sanctions Act
(CAATSA).\1\ The law amends the North Korea Sanctions and Policy
Enhancement Act of 2016 \2\ and the Ports and Waterways Safety Act
(PWSA).\3\ Section 315 of CAATSA adds Sec.  16 to the Ports and
Waterways Safety Act. This new section requires the Secretary of the
Department in which the Coast Guard is operating, with the concurrence
of the Secretary of State, to maintain timely information on the
registrations of all foreign vessels over 300 gross tons that are known
to be any of the following:
---------------------------------------------------------------------------

    \1\ Public Law 115-44, August 2, 2017, 131 Stat 886.
    \2\ Public Law 114-122, February 18, 2016, 130 Stat 93.
    \3\ 33 U.S.C. 1221 et seq.
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    (1) Owned and operated by or on behalf of the Government of North
Korea or a North Korean person.
    (2) Owned or operated by or on behalf of any country identified by
the President as a country that has not complied with the applicable
United Nations Security Council resolutions (as such term is defined in
22 U.S.C. 9202).
    (3) Owned or operated by or on behalf of any country in which a sea
port is located, the operator of which the President has identified in
the most recent report submitted under 22 U.S.C. 9225(a)(1)(A). As
revised by section 314 of CAATSA, Sec.  9225(a)(1) states that the
President shall submit a report to Congress of countries and ports that
knowingly do any of the following: (a) Significantly fail to implement
or enforce regulations to inspect ships, aircraft, cargo, or
conveyances in transit to or from North Korea, as required by
applicable United Nations Security Council resolutions; (b) facilitate
the transfer, transshipment, or conveyance of significant types or
quantities of cargo, vessels, or aircraft owned or controlled by
persons designated under applicable United Nations Security Council
resolutions; or (c) facilitate any of the activities described in
section 104(a) of the North Korea Sanctions and Policy Enhancement Act
of 2016.
    Not later than 180 days after the date of the enactment of CAATSA,
and periodically thereafter, the Coast Guard is required to publish in
the Federal Register a list of the vessels described above. The list
will be publicly available on the NVMC website at www.nvmc.uscg.gov/CAATSA.aspx, beginning on February 2, 2018, and the Coast Guard will
periodically publish a notice of availability in the Federal Register
announcing updates.
    Upon receiving an advance notice of arrival under 33 U.S.C.
1223(a)(5) from a vessel on the list, the Coast Guard will notify the
vessel master that the vessel may not enter or operate in the navigable
waters of the United States, or transfer cargo in any port or place
under the jurisdiction of the United States, unless otherwise allowed
by law. The Ports and Waterways Safety Act, as amended by CAATSA,
provides for limited entry in certain circumstances, such as a specific
determination from the U.S. Secretary of State, and does not restrict
the right of innocent passage or the right of transit passage as
recognized under international law.
    This notice is issued under authority of 5 U.S.C. 552(a), Sec.  315
of Public Law 115-44, and DHS Delegation 0170.1(II)(70).

    Dated: February 2, 2018.
Jennifer F. Williams,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2018-02536 Filed 2-7-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32496-32498]
[FR Doc No: 2013-12796]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69629; File No. SR-CBOE-2013-054]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change To Amend Rule
6.42

May 23, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 13, 2013, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been

prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.42. The text of the proposed
rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Rule 6.42--Minimum Increments
for Bids and Offers--regarding minimum increments of bids and offers
for complex orders. Currently, Rule 6.42(4) states that bids and offers
on complex orders may be expressed in any increment regardless of the
minimum increments otherwise appropriate to the individual legs of the
order. This language allows for complex order bids and offers to be
expressed in any increment whatsoever. The Exchange believes that
setting a minimum increment for bids and offers on complex orders of
$0.01 will ensure that there is a reasonable lowest minimum increment
for bids and offers that makes it simple to monitor and participate for
all market participants. As such, in order to limit this potential, the
Exchange hereby proposes to state that bids and offers on complex
orders, as defined in Interpretation and Policy .01 to Rule 6.42, may
be expressed in any net price increment that may not be less than $0.01
(as determined by the Exchange on a class-by-class basis and announced
to the Trading Permit Holders via Regulatory Circular) regardless of
the minimum increments otherwise appropriate to the individual legs of
the order. The addition of the ``(as determined by the Exchange on a
class-by-class basis and announced to the Trading Permit Holders via
Regulatory Circular)'' language will allow the Exchange to establish
such minimum increments on a class-by-class basis in order to ensure
uniformity of minimum bid and offer increments within a class (as the
Exchange may already do for bids and offers on complex orders in
options on the S&P 500 Index (``SPX''), p.m.-settled S&P 500 Index
(``SPXPM'') or on the S&P 100 Index (``OEX'' and ``XEO'')) as well as
ensure that Trading Permit Holders are notified of such minimum
increments via Regulatory Circular.
    For example, the Exchange could release out a Regulatory Circular
stating that the minimum increments for complex order bids and offers
within a certain class would be $0.01. Or the Exchange could release a
Regulatory Circular stating that the minimum increments for complex
order bids and offers within a certain class would be $0.025, or even
that $0.01 and $0.025 increments could be used for complex order bids
and offers within a certain class (if, for example, such a class is
accustomed to trading on both penny increments and also 2.5-cent
increments). The Exchange could not, however, release a Regulatory
Circular stating that the minimum increments for complex order bids and
offers would be $0.005, or anything lower than $0.01.
    The Exchange also proposes to make a similar change regarding
complex orders in SPX, SPXPM, OEX and XEO (the ``Specific Options'').
Currently, Rule 6.42(4) states that bids and offers on complex orders
in the Specific Options, except for box/roll spreads, shall be
expressed in decimal increments no smaller than $0.05 or in any
increment, as determined by the Exchange on a class-by-class basis and
announced to the Trading Permit Holders via Regulatory Circular.\3\
This ``any increment'' language would also allow for the Exchange to
determine that the minimum increment for bids and offers on complex
orders in one or more class of the Specific Options would be smaller
than $0.01. The Exchange desires to prevent the entry of bids and
offers on such orders from being smaller than $0.01 for some of the
reasons described above as well as to set a reasonable floor for such
bid and offer increments. As such, the Exchange proposes to amend this
language to state that bids and offers on complex orders in options on
the S&P 500 Index (SPX), p.m.-settled S&P 500 Index (SPXPM) or on the
S&P 100 Index (OEX and XEO), except for box/roll spreads, shall be
expressed in increments no smaller than $0.05 or in any net price
increment that may not be less than $0.01, as determined by the
Exchange on a class-by-class basis and announced to the Trading Permit
Holders via Regulatory Circular. The Exchange proposes to delete the
word ``decimal'' from before ``increments'' because the specification
of decimal increments is no longer relevant.
---------------------------------------------------------------------------

    \3\ See CBOE Rule 6.42(4).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \5\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \6\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange believes that
setting a minimum increment for bids and offers on complex orders of
$0.01 will ensure that there is a reasonable lowest minimum increment
for bids and offers that makes it simple to monitor and participate for
all market participants, thereby removing impediments to and perfecting
the mechanism of a free and open market.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The

Exchange believes that the proposed change will not impose an
unnecessary burden on intramarket competition because it applies to
bids and offers in complex orders from all market participants. The
Exchange believes that the proposed change will not impose an
unnecessary burden on intermarket competition because it applies only
to CBOE. To the extent that setting the lowest possible minimum
increment for bids and offers in complex orders at $0.01 may be
attractive to market participants at other options exchange, such
market participants are always welcome to become CBOE market
participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-054 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2013-054. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2013-054, and should be submitted on or before June 20, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-12796 Filed 5-29-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Page 63546]
[FR Doc No: 2018-26822]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, December 13, 2018.

PLACE: The meeting will be held at the Commission's headquarters, 100 F
Street, NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.

    Dated: December 6, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-26822 Filed 12-6-18; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7625-7627]
[FR Doc No: 2011-2984]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0414]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt twenty-three
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. The exemptions will enable these
individuals to operate CMVs in interstate commerce.

DATES: The exemptions are effective February 10, 2011. The exemptions
expire on February 10, 2013.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On December 23, 2010, FMCSA published a notice of receipt of
Federal diabetes exemption applications from twenty-three individuals
and requested comments from the public (75 FR 80889). The public
comment period closed on January 24, 2011 and no comments were
received.
    FMCSA has evaluated the eligibility of the twenty-three applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These twenty-three applicants have had ITDM over a range of 1 to 33
years. These applicants report no severe hypoglycemic reactions
resulting in loss of consciousness or seizure, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning symptoms, in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years.
In each case, an endocrinologist verified that the driver has
demonstrated a willingness to properly monitor and manage his/her
diabetes mellitus, received education related to diabetes management,
and is on a stable insulin regimen. These drivers report no other
disqualifying conditions, including diabetes-related complications.
Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the December 23, 2010, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comment

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    The Pennsylvania Department of Transportation stated that it had
reviewed the driving records for Thomas H. Adams and are in favor of
granting him a Federal diabetes exemption.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the twenty-three exemption
applications, FMCSA exempts, Thomas H. Adams, Jr., Charlie A. Barner,
Charles G. Beasley, Philp M. Carr, Timothy D. Cochran, John A. Curtis,
Robert M. Eggert, Christopher R. Everitt, Dustin J. Favor, Scott J.
Forsmann, Joseph A. Griffin, Paul R. Hollenbach, Michael A. Holy,
Victor M. Lewis, William P. Miller, Jr., Floyd R. Plocher, Darwin D.
Roberts, Robert A. Roskamp, David N. Studebaker, Danny J. Watson,
Robert L. Wenzel, David A. Wiltse and Walter B. Wirth from the ITDM
standard in 49 CFR 391.41(b)(3), subject to the

conditions listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.

    Issued on: February 4, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-2984 Filed 2-9-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 23048-23050]
[FR Doc No: 2017-10177]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1719]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more

stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities. The
flood hazard determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

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

    Dated: May 2, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and case       officer of         Community map        letter of map        Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa....................  City of Goodyear     The Honorable       Engineering         http://                Jul. 28, 2017........       040046
                                   (16-09-2737P).       Georgia Lord,       Department, 14455   www.msc.fema.gov/
                                                        Mayor, City of      West Van Buren      lomc.
                                                        Goodyear, 190       Street, Suite D
                                                        North Litchfield    101, Goodyear, AZ
                                                        Road, Goodyear,     85338.
                                                        AZ 85338.
    Maricopa....................  City of Peoria (16-  The Honorable       City Hall, 8401     http://                Jul. 14, 2017........       040050
                                   09-2450P).           Cathy Carlat,       West Monroe         www.msc.fema.gov/
                                                        Mayor, City of      Street, Peoria,     lomc.
                                                        Peoria, 8401 West   AZ 85345.
                                                        Monroe Street,
                                                        Peoria, AZ 85345.
    Maricopa....................  Unincorporated       The Honorable       Flood Control       http://                Jul. 14, 2017........       040037
                                   Areas of Maricopa    Denny Barney,       District of         www.msc.fema.gov/
                                   County (16-09-       Chairman, Board     Maricopa County,    lomc.
                                   2450P).              of Supervisors,     2801 West Durango
                                                        Maricopa County,    Street, Phoenix,
                                                        301 West            AZ 85009.
                                                        Jefferson Street,
                                                        10th Floor,
                                                        Phoenix, AZ 85003.
    Pinal.......................  City of Maricopa     The Honorable       City Hall, 45145    http://                Jul. 7, 2017.........       040052
                                   (16-09-1250P).       Christian Price,    West Madison        www.msc.fema.gov/
                                                        Mayor, City of      Avenue, Maricopa,   lomc.
                                                        Maricopa, 39700     AZ 85139.
                                                        West Civic Center
                                                        Plaza, Maricopa,
                                                        AZ 85138.
California:
    Alameda.....................  City of Fremont (16- The Honorable Lily  City Hall, 39550    http://                Jul. 17, 2017........       065028
                                   09-3152P).           Mei, Mayor, City    Liberty Street,     www.msc.fema.gov/
                                                        of Fremont, 3300    Fremont, CA 94538.  lomc.
                                                        Capitol Avenue,
                                                        Fremont, CA 94538.
    San Diego...................  City of San Diego    The Honorable       Development         http://                Jul. 24, 2017........       060295
                                   (15-09-2666P).       Kevin L.            Services            www.msc.fema.gov/
                                                        Faulconer, Mayor,   Department, 1222    lomc.
                                                        City of San         1st Avenue, 3rd
                                                        Diego, 202 C        Floor, MS 301,
                                                        Street, 11th        San Diego, CA
                                                        Floor, San Diego,   92101.
                                                        CA 92101.
    San Diego...................  City of San Diego    The Honorable       Development         http://                Jul. 7, 2017.........       060295
                                   (16-09-2873P).       Kevin L.            Services            www.msc.fema.gov/
                                                        Faulconer, Mayor,   Department, 1222    lomc.
                                                        City of San         1st Avenue, 3rd
                                                        Diego, 202 C        Floor, MS 301,
                                                        Street, 11th        San Diego, CA
                                                        Floor, San Diego,   92101.
                                                        CA 92101.
Illinois:
    Lake........................  City of Highland     The Honorable       Public Services     http://                Jul. 28, 2017........       170367
                                   Park (16-05-6565P).  Nancy R.            Building, 1150      www.msc.fema.gov/
                                                        Rotering, Mayor,    Half Day Road,      lomc.
                                                        City of Highland    Highland Park, IL
                                                        Park, 1707 St.      60035.
                                                        Johns Avenue,
                                                        Highland Park, IL
                                                        60035.
    Lake........................  Village of           The Honorable       Village Hall, 850   http://                Jul. 28, 2017........       170361
                                   Deerfield            Harriet             Waukegan Road,      www.msc.fema.gov/
                                   (16[dash]05[dash]6   Rosenthal, Mayor,   Deerfield, IL       lomc.
                                   565P).               Village of          60015.
                                                        Deerfield, 850
                                                        Waukegan Road,
                                                        Deerfield, IL
                                                        60015.
    Lake........................  Village of           The Honorable       Village Hall, 300   http://                Jul. 28, 2017........       170382
                                   Mundelein (16-05-    Steve Lentz,        Plaza Circle,       www.msc.fema.gov/
                                   6526P).              Mayor, Village of   Mundelein, IL       lomc.
                                                        Mundelein, 300      60060.
                                                        Plaza Circle,
                                                        Mundelein, IL
                                                        60060.
    Will........................  City of Joliet (17-  The Honorable       City Hall, 150      http://                Jul. 13, 2017........       170702
                                   05-2357P).           Robert O'Dekirk,    West Jefferson      www.msc.fema.gov/
                                                        Mayor, City of      Street, Joliet,     lomc.
                                                        Joliet, 150 West    IL 60432.
                                                        Jefferson Street,
                                                        Joliet, IL 60432.
New Jersey:
    Monmouth....................  Borough of           The Honorable Rick  Highlands Borough   http://                Jul. 19, 2017........       345297
                                   Highlands (16-02-    O'Neil, Mayor,      Hall, 171 Bay       www.msc.fema.gov/
                                   2118P).              Borough of          Avenue,             lomc.
                                                        Highlands, 42       Highlands, NJ
                                                        Shore Drive,        07732.
                                                        Highlands, NJ
                                                        07732.

Ohio: Warren....................  City of Mason (17-   The Honorable       Municipal           http://                Jul. 31, 2017........       390559
                                   05-1582P).           Victor Kidd,        Building, 6000      www.msc.fema.gov/
                                                        Mayor, City of      Mason-Montgomery    lomc.
                                                        Mason, 6000 Mason-  Road, Mason, OH
                                                        Montgomery Road,    45040.
                                                        Mason, OH 45040.
Oregon:
    Lane........................  City of Eugene (17-  The Honorable Lucy  Planning            http://                Jul. 31, 2017........       410122
                                   10-0426P).           Vinis, Mayor,       Department, 99      www.msc.fema.gov/
                                                        City of Eugene,     West 10th Avenue,   lomc.
                                                        125 East 8th        Eugene, OR 97401.
                                                        Avenue, 2nd
                                                        Floor, Eugene, OR
                                                        97401.
    Multnomah...................  City of Portland     The Honorable       Bureau of           http://                May 23, 2017.........       410183
                                   (16-10-0985P).       Charlie Hales,      Environmental       www.msc.fema.gov/
                                                        Mayor, City of      Services, 1221      lomc.
                                                        Portland, 1221      Southwest 4th
                                                        Southwest 4th       Avenue, Room 230,
                                                        Avenue, Suite       Portland, OR
                                                        340, Portland, OR   97204.
                                                        97204.
Texas:
    Collin......................  City of Celina (16-  The Honorable Sean  City Hall, 320      http://                Jul. 17, 2017........       480133
                                   06-2499P).           Terry, Mayor,       West Walnut         www.msc.fema.gov/
                                                        City of Celina,     Street, Celina,     lomc.
                                                        142 North Ohio      TX 75009.
                                                        Street, Celina,
                                                        TX 75009.
    Collin......................  Unincorporated       The Honorable       Collin County,      http://                Jul. 17, 2017........       480130
                                   Areas of Collin      Keith Self,         Department of       www.msc.fema.gov/
                                   County (16-06-       Mayor, Collin       Public Works, 210   lomc.
                                   2499P).              County, Collin      South McDonald
                                                        County              Street, McKinney,
                                                        Administration      TX 75069.
                                                        Building, 2300
                                                        Bloomdale Road,
                                                        Suite 4192,
                                                        McKinney, TX
                                                        75071.
    Dallas......................  City of Dallas (16-  The Honorable       Department of       http://                Jul. 21, 2017........       480171
                                   06-2638P).           Michael S.          Public Works, 320   www.msc.fema.gov/
                                                        Rawlings, Mayor,    East Jefferson      lomc.
                                                        City of Dallas,     Boulevard, Room
                                                        1500 Marilla        321, Dallas, TX
                                                        Street, Suite       75203.
                                                        5EN, Dallas, TX
                                                        75201.
    Dallas......................  City of Garland (16- The Honorable       City Hall, 800      http://                Jul. 21, 2017........       485471
                                   06-2638P).           Douglas Athas,      Main Street,        www.msc.fema.gov/
                                                        Mayor, City of      Garland, TX 75040.  lomc.
                                                        Garland, 200
                                                        North 5th Street,
                                                        Garland, TX 75040.
    Dallas......................  City of Mesquite     The Honorable Stan  City Engineering    http://                Jul. 21, 2017........       485490
                                   (16-06-2638P).       Pickett, Mayor,     Services, 1515      www.msc.fema.gov/
                                                        City of Mesquite,   North Galloway      lomc.
                                                        757 North           Avenue, Mesquite,
                                                        Galloway Avenue,    TX 75185.
                                                        Mesquite, TX
                                                        75185.
    Dallas......................  City of Wilmer (17-  The Honorable       City Hall, 128      http://                Jul. 28, 2017........       480190
                                   06-0411P).           Casey Burgess,      North Dallas        www.msc.fema.gov/
                                                        Mayor, City of      Avenue, Wilmer,     lomc.
                                                        Wilmer, 128 North   TX 75172.
                                                        Dallas Avenue,
                                                        Wilmer, TX 75172.
    Dallas......................  Unincorporated       The Honorable Clay  Dallas County       http://                Jul. 28, 2017........       480165
                                   Areas of Dallas      L. Jenkins,         Records Building,   www.msc.fema.gov/
                                   County (17-06-       County Judge,       509 Main Street,    lomc.
                                   0411P).              Dallas County,      Dallas, TX 75202.
                                                        411 Elm Street,
                                                        Dallas, TX 75202.
Virginia: Fairfax...............  Unincorporated       Mr. Edward L.       Community Map       http://                Jul. 28, 2017........       515525
                                   Areas of Fairfax     Long, Jr.,          Repository/         www.msc.fema.gov/
                                   County (17-03-       Fairfax County      Stormwater          lomc.
                                   0842P).              Executive, 12000    Planning, 12000
                                                        Government Center   Government Center
                                                        Parkway, Fairfax,   Parkway, Suite
                                                        VA 22035.           449, Fairfax, VA
                                                                            22035.
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[FR Doc. 2017-10177 Filed 5-18-17; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15263-15267]
[FR Doc No: 2012-6208]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2011-0686, FRL-9635-5]

Approval and Promulgation of Implementation Plans; New Jersey;
Motor Vehicle Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
proposed revision to the State Implementation Plan (SIP) submitted by
the New Jersey Department of Environmental Protection for New Jersey's
enhanced inspection and maintenance (I/M) program. New Jersey has made
several amendments to its I/M program to improve performance of the
program and has requested that the SIP be revised to include these

changes. Chief among the amendments EPA is approving is New Jersey's
amendment to its I/M program to establish a new exhaust emission test
for gasoline fueled vehicles and the extension of the new vehicle
inspection exemption from 4 years to 5 years. EPA is approving this SIP
revision because it meets all applicable requirements of the Clean Air
Act and EPA's regulations and because the revision will not interfere
with attainment or maintenance of the national ambient air quality
standards in the affected area. The intended effect of this action is
to maintain consistency between the State-adopted rules and the
federally approved SIP.

DATES: Effective Date: This rule will be effective April 16, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2011-0686. All documents in the docket are listed on
the www.regulations.gov Web site. 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, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor,
New York, New York 10007-1866. This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jenna Salomone, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking?
II. What was included in New Jersey's proposed SIP submittal?
III. What comments did EPA receive in response to its proposal?
IV. What are EPA's conclusions?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving a revision, submitted by New Jersey on December
15, 2009, and a supplemental revision, submitted by New Jersey on
October 12, 2010, to the New Jersey State Implementation Plan (SIP)
pertaining to New Jersey's motor vehicle enhanced inspection and
maintenance (I/M) program. New Jersey provided EPA with documentation
on the emission impacts that will result from proposed changes to New
Jersey's enhanced I/M program including a comparison to the EPA I/M
performance standard. The revisions submitted by New Jersey include a
new exhaust emission test for gasoline fueled vehicles; the extension
of the new vehicle inspection exemption from 4 years to 5 years; the
elimination of repair cost waivers; the increase in the inspection
frequency (to annual) for certain classes of commercial vehicles such
as limousines, taxis and jitneys; and the subjecting of light duty
diesel vehicles to emissions testing.

II. What was included in New Jersey's proposed SIP submittal?

    On December 15, 2009, New Jersey submitted a revision to the State
of New Jersey's I/M program SIP. The submittal consists of new rules
and rule amendments to the New Jersey Department of Environmental
Protection's rules at New Jersey Administrative Code (N.J.A.C.) 7:27-
15, 7:27B-5 and the Motor Vehicle Commission rules at N.J.A.C. 13:20-7,
13:20-24, 13:20-26, 13:20-28, 13:20-29, 13:20-32, 13:20-33, 13:20-43,
13:20-44, 13:20-45, and N.J.A.C. 13:21-15.8 and 13:21-15.12.
    The proposed changes to New Jersey's I/M program include the
establishment of a new exhaust emission test for gasoline fueled
vehicles. The Two Speed Idle (TSI) test will replace both the
Acceleration Simulation Mode (ASM5015) and 2500 Revolutions per Minute
(RPM) tests. The TSI test is a tailpipe test which checks the vehicle's
hydrocarbons, carbon monoxide, oxygen and carbon dioxide (HC, CO,
O2 and CO2, respectively) exhaust emissions
concentration levels at two different engine speeds, the regular idle
and a fast idle around 2500 RPM. The ASM5015 test measures the
concentrations of HC, CO and oxides of nitrogen (NOX), in a
vehicle's tailpipe emissions when a vehicle is running under marginal
load and at a steady rate or RPM. The 2500 RPM test is a tailpipe test
that checks the vehicle's HC, CO, O2 and CO2
exhaust emissions concentration levels at 2500 RPM.
    The proposed changes to New Jersey's I/M program also include: the
elimination of repair cost waivers, the increase in the inspection
frequency (to annual) for certain classes of commercial vehicles such
as limousines, taxis and jitneys, and the subjecting of light duty
diesel vehicles to emissions testing. New Jersey provided documentation
on the emission impacts that will result from proposed changes to New
Jersey's I/M program including a comparison to the EPA I/M performance
standard.
    On October 12, 2010, New Jersey submitted a supplemental I/M
program SIP revision which consisted of amendments to chapter 8 of
Title 39 of the Revised Statutes of the state of New Jersey at R.S.
39:8-1, 39:8-2, and 39:8-3. The submittal includes an extension of the
new vehicle inspection exemption from 4 years to 5 years and an
acknowledgement with supporting justification that New Jersey's
decentralized I/M network (the private inspection facilities, or PIFs)
is currently 96 percent as effective as New Jersey's centralized I/M
network (the centralized inspection facilities, or CIFs). PIFs were
previously assumed to be 80 percent as effective as CIFs, which New
Jersey considered to likely be very conservative in light of the
program and technology changes that were implemented in the years
following the 80 percent effectiveness assumption. In May 2010, New
Jersey authorized MACTEC Engineering and Consulting, Inc. to assess
improvements in effectiveness of the decentralized program and to
determine a reasonable effectiveness fraction that may be supported by
data and technical reasoning. MACTEC analyzed the effectiveness of the
decentralized PIF network relative to the CIF (centralized) network.
The relative effectiveness of PIFs was based on data collected from
PIFs and CIFs in 2009. As a result of the analysis, MACTEC determined
that New Jersey should increase the effectiveness factor for PIFs and
provided the following justifications:
     Fail rates for OBD inspections in PIFs were found to be
nearly identical to those in CIFs;
     An analysis of triggers for OBD tests performed in 2009
showed that over 99% of inspections in PIFs have no indications of
fraud;
     New Jersey has implemented several additional OBD triggers
in the new program, which will further reduce the incidence of fraud.
    On July 8, 2010, New Jersey submitted to EPA the final report
prepared by MACTEC, dated June 23, 2010 entitled ``New Jersey Motor
Vehicle Inspection Program PIF Effectiveness Study.''
    On September 16, 2011 (76 FR 57691), EPA proposed to approve New
Jersey's revised I/M program. For a detailed discussion on the content
and requirements of the revisions to New Jersey's regulations, the
reader is referred to EPA's proposed rulemaking action.

III. What comments did EPA receive in response to its proposal?

    In response to EPA's September 16, 2011 proposed rulemaking action,
EPA received no comments.

IV. What are EPA's conclusions?

    EPA's review of the materials submitted indicates that New Jersey
has revised its I/M program in accordance with the requirements of the
Clean Air Act, 40 CFR part 51 and all of EPA's technical requirements
for an approvable Enhanced I/M program. EPA is approving the rules and
rule amendments to the New Jersey Department of Environmental
Protection's rules at N.J.A.C. 7:27-15, 7:27B-5 (replaces B-4),
effective November 16, 2009, the Motor Vehicle Commission rules at
N.J.A.C. 13:20-7, 13:20-24, 13:20-26, 13:20-28, 13:20-29, 13:20-32,
13:20-33, 13:20-43, 13:20-44, 13:20-45, and N.J.A.C. 13:21-15.8
(replaces 15.7), 13:21-15.12, all effective October 19, 2009 and the
amendments to chapter 8 of Title 39 of the Revised Statutes of the
state of New Jersey at R.S. 39:8-1, 39:8-2, and 39:8-3, effective July
1, 2010, which incorporate New Jersey's motor vehicle inspection
program requirements. The Clean Air Act gives states the discretion in
program planning to implement programs of the state's choosing as long
as necessary emission reductions are met.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this 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 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 Clean Air Act; 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 14, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Reporting and recordkeeping requirements,
Volatile organic compounds.

    Dated: February 1, 2012.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

0
2. Section 52.1570 is amended by adding new paragraph (c)(92) to read
as follows:

Sec.  52.1570  Identification of plan.

* * * * *
    (c) * * *
    (92) Revisions to the New Jersey State Implementation Plan (SIP)
submitted by the New Jersey Department of Environmental Protection for
New Jersey's enhanced inspection and maintenance (I/M) program, dated
December 15, 2009.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code, Subchapter 15, ``Control and Prohibition of Air
Pollution from Gasoline-Fueled Motor Vehicles,'' effective November 16,
2009, and Appendix B-5, ``Air Test Method 5: Testing Procedures for
Gasoline-Fueled Motor Vehicles,'' effective November 16, 2009.
    (B) Amendments to Chapter 20, Title 13 of the New Jersey
Administrative Code, Subchapter 7, ``Vehicle Inspection'' (Sections:
7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, ``Motorcycles'' (Section:
24.20); Subchapter 26, ``Compliance With Diesel Emission Standards and
Equipment, Periodic Inspection Program for Diesel Emissions, and Self-
Inspection of Certain Classes of Motor Vehicles'' (Sections: 26.2 and
26.16); Subchapter 28, ``Inspection of New Motor Vehicles''

(Sections 28.3, 28.4 and 28.6); Subchapter 29, ``Mobile Inspection
Unit'' (Sections: 29.1, 29.2, 29.3); Subchapter 32, ``Inspection
Standards and Test Procedures To Be Used By Official Inspection
Facilities''; Subchapter 33, ``Inspection Standards and Test Procedures
To Be Used By Licensed Private Inspection Facilities''; Subchapter 43,
``Enhanced Motor Vehicle Inspection and Maintenance Program'';
Subchapter 44, ``Private Inspection Facility Licensing''; and
Subchapter 45, ``Motor Vehicle Emission Repair Facility Registration,''
all effective October 19, 2009.
    (C) Amendments to Chapter 21, Title 13 of the New Jersey
Administrative Code, Subchapter 15, ``New Jersey Licensed Motor Vehicle
Dealers'' (Sections: 15.8 and 15.12), effective October 19, 2009.
    (D) Amendments to Chapter 8, Title 39 of the Revised Statutes of
the State of New Jersey at R.S. 39:8-1, 39:8-2, and 39:8-3, effective
July 1, 2010.
    (ii) Additional material:
    (A) December 15, 2009, letter from Mark N. Mauriello, Acting
Commissioner, NJDEP, to Judith A. Enck, Regional Administrator, EPA,
requesting EPA approval of a revision to the State of New Jersey's I/M
program SIP.
    (B) October 12, 2010, letter from Bob Martin, Commissioner, NJDEP,
to Judith A. Enck, Regional Administrator, EPA, requesting EPA approval
of the supplemental revision to the State of New Jersey's I/M program
SIP.
    (C) July 8, 2010, letter from Bob Martin, Commissioner, NJDEP, to
Judith A. Enck, Regional Administrator, EPA, requesting EPA approval of
the supplemental revision to the State of New Jersey's I/M program SIP.

0
3. Section 52.1605 is amended by:
0
a. Revising the entry under Title 7, Chapter 27, for Subchapter 15;
0
b. Removing the entry for Title 7, Chapter 27B: Subchapter 4;
0
c. Adding new entry Title 7, Chapter 27B, Subchapter 5 in numerical
order;
0
d. Revising the entries under Title 13, Chapter 20 for Subchapters 7,
24, 26, 28, 29, 32, 33, 43, 44, and 45;
0
e. Removing the entry for Title 13, Chapter 21, Subchapter 15, Section
15.7;
0
f. Adding new entry Title 13, Chapter 21, Subchapter 15, Sections 15.8
and 15.12 in numerical order; and
0
g. Adding new entry Title 39, Chapter 8, Subchapters 1, 2 and 3 in
numerical order to read as follows:

Sec.  52.1605  EPA-approved New Jersey regulations.

--------------------------------------------------------------------------------------------------------------------------------------------------------
           State regulation                        State effective date                 EPA approved date                      Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Title 7, Chapter 27:

                                                                      * * * * * * *
Subchapter 15, ``Control and            November 16, 2009.........................  March 15, 2012 [Insert
 Prohibition of Air Pollution From                                                   Federal Register page
 Gasoline-Fueled Motor Vehicles.''                                                   citation].

                                                                      * * * * * * *
Title 7, Chapter 27B:

                                                                      * * * * * * *
Subchapter 5, ``Air Test Method 5:      November 16, 2009.........................  March 15, 2012 [Insert
 Testing Procedures For Gasoline-                                                    Federal Register page
 Fueled Vehicles.''                                                                  citation].

                                                                      * * * * * * *
Title 13, Chapter 20:

                                                                      * * * * * * *
Subchapter 7, ``Vehicle Inspection.''   November 19, 2009.........................  March 15, 2012 [insert
 Sections: 7.1. 7.2, 7.3, 7.4, 7.5,                                                  FR page citation].
 7.6.
Subchapter 24, ``Motorcycles.''Section  November 19, 2009.........................  March 15, 2012 [insert
 20.                                                                                FR page citation].
Subchapter 26, ``Compliance With        November 19, 2009.........................  March 15, 2012 [insert
 Diesel Emission Standards and                                                       FR page citation].
 Equipment, Periodic Inspection
 Program for Diesel Emissions, and
 Self-Inspection of Certain Classes of
 Motor Vehicles.'' Section: 26.2,
 26.16.
Subchapter 28, ``Inspection of New      November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 Motor Vehicles.'' Sections: 28.3,                                                   FR page citation].
 28.4, 28.6.
Subchapter 29, ``Mobile Inspection      November 19, 2009.........................  March 15, 2012 [insert
 Unit.''Sections: 29.1, 29.2, 29.3.                                                  FR page citation].
Subchapter 32, ``Inspection Standards   November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 and Test Procedures To Be Used By                                                   FR page citation].
 Official Inspection Facilities.''
Subchapter 33, ``Inspection Standards   November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 and Test Procedures To Be Used By                                                   FR page citation].
 Licensed Private Inspection
 Facilities.''
Subchapter 43, ``Enhanced Motor         November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 Vehicle Inspection and Maintenance                                                  FR page citation].
 Program.''
Subchapter 44, ``Private Inspection     November 19, 2009.........................  March 15, 2012 [insert
 Facility Licensing.''                                                               FR page citation].

Subchapter 45, ``Motor Vehicle          November 19, 2009.........................  March 15, 2012 [insert    ..........................................
 Emission Repair Facility                                                            FR page citation].
 Registration.''
Title 13, Chapter 21:

                                                                      * * * * * * *
Subchapter 15, ``New Jersey Licensed    November 19, 2009.........................  March 15, 2012 [insert
 Motor Vehicle Dealers.'' Sections                                                   FR page citation].
 15.8 and 15.12.

                                                                      * * * * * * *
Title 39, Chapter 8 Subchapters 1, 2    July 1, 2010..............................  March 15, 2012 [insert
 and 3.                                                                              FR page citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-6208 Filed 3-14-12; 8:45 am]
BILLING CODE 6560-50-P