[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Rules and Regulations]
[Page 26577-26580]
[DOCID:fr03jn09-13]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1052]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    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.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim 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 interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

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

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

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

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Calhoun.......................  City of Anniston (09-  April 6, 2009, April  The Honorable Gene D.      August 11, 2009................       010020
                                     04-1158P).             13, 2009, The         Robinson, Mayor, City of
                                                            Anniston Star.        Anniston, P.O. Box 2168,
                                                                                Anniston, AL 36202.
    Tuscaloosa....................  City of Tuscaloosa     April 13, 2009,       The Honorable Walter       August 18, 2009................       010203
                                     (08-04-6875P).         April 20, 2009, The   Maddox, Mayor, City of
                                                            Tuscaloosa News.      Tuscaloosa, P.O. Box
                                                                                2089, Tuscaloosa, AL
                                                                                35403.
    Tuscaloosa....................  Unincorporated areas   April 13, 2009,       The Honorable W. Hardy     August 18, 2009................       010201
                                     of Tuscaloosa County   April 20, 2009, The   McCollum, Tuscaloosa
                                     (08-04-6875P).         Tuscaloosa News.      County Probate Judge,
                                                                                714 Greensborough
                                                                                Avenue, Tuscaloosa, AL
                                                                                35401.
Arizona:
    Maricopa......................  Town of Cave Creek     February 11, 2009,    The Honorable Vincent      June 18, 2009..................       040129
                                     (09-09-0129P).         February 18, 2009,    Francia, Mayor, Town of
                                                            Sonoran News.         Cave Creek, 37622 North
                                                                                Cave Creek Road, Cave
                                                                                Creek, AZ 85331.

    Maricopa......................  Town of Cave Creek     April 8, 2009, April  The Honorable Vincent      July 14, 2009..................       040129
                                     (09-09-0431P).         15, 2009, Sonoran     Francia, Mayor, Town of
                                                            News.                 Cave Creek, 37622 North
                                                                                Cave Creek Road, Cave
                                                                                Creek, AZ 85331.
    Maricopa......................  Town of Cave Creek     April 8, 2009, April  The Honorable Vincent      August 13, 2009................       040129
                                     (09-09-0432P).         15, 2009, Sonoran     Francia, Mayor, Town of
                                                            News.                 Cave Creek, 37622 North
                                                                                Cave Creek Road, Cave
                                                                                Creek, AZ 85331.
Arkansas: Benton..................  City of Rogers (08-06- March 31, 2009,       The Honorable Steve        August 5, 2009.................       050013
                                     1043P).                April 7, 2009, The    Womack, Mayor, City of
                                                            Morning News.         Rogers, 301 West
                                                                                Chestnut Street, Rogers,
                                                                                AR 72756.
California:
    Orange........................  City of Huntington     April 9, 2009, April  The Honorable Keith Bohr,  March 30, 2009.................       065034
                                     Beach (08-09-1428P).   16, 2009,             Mayor, City of
                                                            Huntington Beach      Huntington Beach, 2000
                                                            Independent.          Main Street, Huntington
                                                                                Beach, CA 92648.
    San Diego.....................  City of Escondido (08- April 3, 2009, April  The Honorable Ron          August 10, 2009................       060290
                                     09-1101P).             10, 2009, North       Roberts, Chairman, San
                                                            County Times.         Diego County Board of
                                                                                Supervisors, County of
                                                                                San Diego Administration
                                                                                Center, 1600 Pacific
                                                                                Highway, Room 335, San
                                                                                Diego, CA 92101.
    San Diego.....................  City of San Diego (09- April 9, 2009, April  The Honorable Jerry        August 14, 2009................       060295
                                     09-0601P).             16, 2009, San Diego   Sanders, Mayor, City of
                                                            Transcript.           San Diego, 202 C Street,
                                                                                11th Floor, San Diego,
                                                                                CA 92101.
    San Diego.....................  Unincorporated areas   April 9, 2009, April  The Honorable Dianne       August 14, 2009................       060284
                                     of San Diego County,   16, 2009, San Diego   Jacob, Chairwoman, San
                                     (09-09-0601P).         Transcript.           Diego County Board of
                                                                                Supervisors, 1600
                                                                                Pacific Highway, Room
                                                                                335, San Diego, CA 92101.
    Shasta........................  City of Redding (08-   March 9, 2009, March  The Honorable Rick         March 30, 2009.................       060360
                                     09-0964P).             16, 2009, Record      Bosetti, Mayor, City of
                                                            Searchlight.          Redding, P.O. Box
                                                                                496071, Redding, CA
                                                                                96001.
Colorado:
    Weld..........................  Town of Severance (08- February 20, 2009,    The Honorable Pierre De    June 29, 2009..................       080317
                                     08-0702X).             February 27, 2009,    Milt, Mayor, Town of
                                                            Greeley Tribune.      Severance, 231 West
                                                                                Fourth Avenue,
                                                                                Severance, CO 80546.
    Weld..........................  Unincorporated areas   February 20, 2009,    The Honorable David E.     June 29, 2009..................       080266
                                     of Weld County (08-    February 27, 2009,    Long, Chairman, Weld
                                     08-0702X).             Greeley Tribune.      County Board of
                                                                                Commissioners, P.O. Box
                                                                                758, Greeley, CO 80632.
Florida:
    Lee...........................  Unincorporated areas   April 1, 2009, April  The Honorable Ray Judah,   March 19, 2009.................       125124
                                     of Lee County (09-04-  8, 2009, Fort Myers   Chairman, Lee County
                                     1718P).                News Press.           Board of Commissioners,
                                                                                P.O. Box 398, Fort
                                                                                Myers, FL 33902.
    Sumter........................  City of Wildwood (08-  April 9, 2009, April  The Honorable Ed Wolf,     March 30, 2009.................       120299
                                     04-1977P).             16, 2009, Sumter      Mayor, City of Wildwood,
                                                            County Times.         100 North Main Street,
                                                                                Wildwood, FL 34785.
Georgia: Walton...................  Unincorporated areas   April 9, 2008, April  The Honorable Kevin        August 15, 2008................       130185
                                     of Walton County (08-  16, 2008, Walton      Little, Chairman, Walton
                                     04-1976P).             Tribune.              County Board of
                                                                                Commissioners, 1269 Good
                                                                                Hope Road, Monroe, GA
                                                                                30655.
Hawaii: Hawaii....................  Unincorporated areas   April 6, 2009, April  The Honorable William      August 11, 2009................       155166
                                     of Hawaii County (08-  13, 2009, Hawaii      Kenoi, Mayor, Hawaii
                                     09-0823P).             Tribune-Herald.       County, 25 Aupuni
                                                                                Street, Hilo, HI 96720.
Illinois: DuPage..................  Unincorporated areas   April 1, 2009, April  The Honorable Robert J.    March 18, 2009.................       170197
                                     of DuPage County (09-  8, 2009, Daily        Schillerstorm, Chairman,
                                     05-0307P).             Herald.               DuPage County Board, 421
                                                                                North County Farm Road,
                                                                                Wheaton, IL 60187.
Louisiana: Catahoula..............  Unincorporated areas   September 10, 2008,   The Honorable Jackie       August 27, 2008................       220047
                                     of Catahoula Parish    September 17, 2008,   Paulk, President,
                                     (08-06-1686P).         Catahoula News        Catahoula Parish, P.O.
                                                            Booster.              Box 258, Harrisonburg,
                                                                                LA 71340.
Maryland: Allegany................  Unincorporated areas   January 9, 2009,      The Honorable James J.     January 30, 2009...............       240001
                                     of Allegany County     January 16, 2009,     Stakem, President,
                                     (08-03-1580P).         Cumberland Times      Allegany County Board of
                                                            News.                 Commissioners, 701 Kelly
                                                                                Road, Fourth Floor,
                                                                                Cumberland, MD 21502.
Mississippi:
    Rankin........................  City of Brandon (08-   April 8, 2009, April  The Honorable Carlo        August 13, 2009................       280143
                                     04-5371P).             15, 2009, Rankin      Martella, Mayor, City of
                                                            County News.          Brandon, P.O. Box 1539,
                                                                                Brandon, MS 39043.
    Rankin........................  Unincorporated areas   April 8, 2009, April  The Honorable Richard      August 13, 2009................       280142
                                     of Rankin County (08-  15, 2009, Rankin      Wilson, Prosecutor,
                                     04-5371P).             County News.          Rankin County, 211 East
                                                                                Government Street,
                                                                                Brandon, MS 39042.
Nebraska: Sarpy...................  City of Papillion (08- April 2, 2009, April  The Honorable James E.     August 7, 2009.................       315275
                                     07-1022P).             9, 2009, Papillion    Blinn, Mayor, City of
                                                            Times.                Papillion, 122 East 3rd
                                                                                St., Papillion, NE 68046.
Nevada: Douglas...................  Unincorporated areas   April 10, 2009,       Nancy McDermid, Chair,     August 17, 2009................       320008
                                     of Douglas County      April 17, 2009, The   Douglas County Board of
                                     (09-09-0026P).         Record-Courier.       Commissioners, P.O. Box
                                                                                218, Minden, NV 89423.
Pennsylvania:

    Chester.......................  Township of West       April 8, 2009, April  The Honorable Diane        April 27, 2009.................       420295
                                     Whiteland (09-03-      15, 2009, Daily       Snyder, Chairman, West
                                     0246P).                Local News.           Whiteland Board of
                                                                                Supervisors, 222 North
                                                                                Pottstown Pike, Exton,
                                                                                PA 19341.
    Greene........................  Township of Franklin   April 10, 2009,       The Honorable T. Reed      August 17, 2009................       422595
                                     (09-03-0260P).         April 17, 2009,       Kiger, Chairman,
                                                            Observer Reporter.    Township of Franklin,
                                                                                568 Rolling Meadows
                                                                                Road, Waynesburg, PA
                                                                                15370.
South Carolina:
    Charleston....................  City of Charleston     April 9, 2009, April  The Honorable Joseph P.    August 14, 2009................       455412
                                     (09-04-1604P).         16, 2009, The Post    Riley, Jr., Mayor, City
                                                            and Courier.          of Charleston, P.O. Box
                                                                                652, Charleston, SC
                                                                                29402.
    Charleston....................  City of Charleston     April 9, 2009, April  The Honorable Joseph P.    August 14, 2009................       455412
                                     (09-04-1605P).         16, 2009, The Post    Riley, Jr., Mayor, City
                                                            and Courier.          of Charleston, P.O. Box
                                                                                652, Charleston, SC
                                                                                29402.
Tennessee:
    Wilson........................  City of Lebanon (08-   October 15, 2008,     The Honorable Donald W.    February 19, 2009..............       470208
                                     04-4560P).             October 22, 2008,     Fox, Mayor, City of
                                                            The Wilson Post.      Lebanon, 200 North
                                                                                Castle Heights Avenue,
                                                                                Suite 100, Lebanon, TN
                                                                                37087.
    Wilson........................  City of Mount Juliet   April 11, 2008,       The Honorable Linda Elam,  April 9, 2008..................       470290
                                     (08-04-1366P).         April 18, 2008, The   Mayor, City of Mount
                                                            Wilson Post.          Juliet, 2425 North Mt.
                                                                                Juliet Road, Mt. Juliet,
                                                                                TN 37122.
    Wilson........................  Unincorporated areas   April 10, 2009,       The Honorable Robert       August 17, 2009................       470207
                                     of Wilson County (09-  April 17, 2009, The   Dedman, County Mayor,
                                     04-0257P).             Wilson Post.          Wilson County, 228 East
                                                                                Main Street, Lebanon, TN
                                                                                37087.
Texas:
    Bell..........................  City of Temple (08-06- March 9, 2009, March  The Honorable Bill Jones   July 14, 2009..................       480034
                                     1223P).                16, 2009, Temple      III, Mayor, City of
                                                            Daily Telegram.       Temple, Two North Main
                                                                                Street, Temple, TX 76501.
    Bexar.........................  Unincorporated areas   March 9, 2009, March  The Honorable Nelson W.    July 14, 2009..................       480035
                                     of Bexar County (08-   16, 2009, San         Wolff, Bexar County
                                     06-1717P).             Antonio Express       Judge, 100 Dolorosa
                                                            News.                 Street, Suite 120, San
                                                                                Antonio, TX 78205.
    Bexar.........................  City of San Antonio    March 9, 2009, March  The Honorable Phil         July 14, 2009..................       480045
                                     (08-06-1717P).         16, 2009, San         Hardberger, Mayor, City
                                                            Antonio Express       of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                78283.
    Bexar.........................  City of San Antonio    March 9, 2009, March  The Honorable Phil         July 14, 2009..................       480045
                                     (08-06-3192P).         16, 2009, San         Hardberger, Mayor, City
                                                            Antonio Express       of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                78283.
    Bexar.........................  City of San Antonio    April 3, 2009, April  The Honorable Phil         March 24, 2009.................       480045
                                     (09-06-0610P).         10, 2009, San         Hardberger, Mayor, City
                                                            Antonio Express       of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                78283.
    Collin........................  City of Wylie (07-06-  June 18, 2008, June   The Honorable John Mondy,  October 23, 2008...............       480759
                                     2304P).                25, 2008, Wylie       Mayor, City of Wylie,
                                                            News.                 2000 State Highway 78
                                                                                North, Wylie, TX 75098.
    Dallas........................  City of Dallas (09-06- April 8, 2009, April  The Honorable Tom          August 13, 2009................       480171
                                     0918P).                15, 2009, Dallas      Leppert, Mayor, City of
                                                            Morning News.         Dallas, 1500 Marilla
                                                                                Street, Room 5EN,
                                                                                Dallas, TX 75201.
    Dallas........................  City of Farmers        April 10, 2009,       The Honorable Tim O'Hare,  August 17, 2009................       480174
                                     Branch (08-06-0532P).  April 17, 2009,       Mayor, City of Farmers
                                                            Dallas Morning News.  Branch, P.O. Box 819010,
                                                                                Farmers Branch, TX 75381.
    Dallas........................  City of Garland (09-   April 10, 2009,       The Honorable Ronald E.    August 17, 2009................       485471
                                     06-0830P).             April 17, 2009,       Jones, Mayor, City of
                                                            Dallas Morning News.  Garland, P. O. Box
                                                                                469002, Garland, TX
                                                                                75046-9002.
    Dallas........................  City of Sachse (07-06- June 18, 2008, June   The Honorable Mike Felix,  October 23, 2008...............       480186
                                     2304P).                25, 2008, Daily       Mayor, City of Sachse,
                                                            Commercial Recorder.  5560 State Highway 78,
                                                                                Sachse, TX 75048.
    Fort Bend.....................  Unincorporated areas   April 16, 2009,       The Honorable Robert E.    August 21, 2009................       480228
                                     of Fort Bend County    April 23, 2009,       Hebert, Ph.D., Fort Bend
                                     (08-06-2236P).         Fort Bend Sun.        County Judge, 301
                                                                                Jackson Street,
                                                                                Richmond, TX 77469.
    Fort Bend.....................  City of Sugar Land     April 16, 2009,       The Honorable James A.     August 21, 2009................       480234
                                     (08-06-2236P).         April 23, 2009,       Thompson, Mayor, City of
                                                            Fort Bend Sun.        Sugar Land, P.O. Box
                                                                                110, Sugar Land, TX
                                                                                77487.
    Hays..........................  Unincorporated areas   March 25, 2009,       The Honorable Elizabeth    July 30, 2009..................       480321
                                     of Hays County (08-    April 1, 2009, San    Sumter, Judge, Hays
                                     06-2257P).             Marcos Daily Record.  County, 111 East San
                                                                                Antonio Street, Suite
                                                                                300, San Marcos, TX
                                                                                78666.
    Hays..........................  City of San Marcos     March 25, 2009,       The Honorable Susan        July 30, 2009..................       485505
                                     (08-06-2257P).         April 1, 2009, San    Narvaiz, Mayor, City of
                                                            Marcos Daily Record.  San Marcos, 630 East
                                                                                Hopkins Street, San
                                                                                Marcos, TX 78666.
    Kendall.......................  City of Boerne (08-06- March 13, 2009,       The Honorable Dan          July 20, 2009..................       480418
                                     3123P).                March 20, 2009, The   Heckler, Mayor, City of
                                                            Boerne Star.          Boerne, P.O. Box 1677,
                                                                                Boerne, TX 78006.
    Tarrant.......................  City of Fort Worth     March 3, 2009, March  The Honorable Michael J.   February 23, 2009..............       480596
                                     (09-06-0411P).         10, 2009, Fort        Moncrief, Mayor, City of
                                                            Worth Star Telegram.  Fort Worth, 1000
                                                                                Throckmorton Street,
                                                                                Fort Worth, TX 76102.

    Tarrant.......................  City of Southlake (09- March 3, 2009, March  The Honorable Andy         February 20, 2009..............       480612
                                     06-0528P).             10, 2009, Fort        Wambsganss, Mayor, City
                                                            Worth Star Telegram.  of Southlake, 1400 Main
                                                                                Street, Suite 270,
                                                                                Southlake, TX 76092.
    Williamson....................  City of Round Rock     April 2, 2009, April  The Honorable Alan         August 7, 2009.................       481048
                                     (09-06-1098P).         9, 2009, Round Rock   McGraw, Mayor, City of
                                                            Leader.               Round Rock, 221 East
                                                                                Main Street, Round Rock,
                                                                                TX 78664.
    Williamson....................  Unincorporated areas   April 2, 2009, April  The Honorable Dan A.       August 7, 2009.................       481079
                                     of Williamson County   9, 2009, Round Rock   Gattis, Williamson
                                     (09-06-1098P).         Leader.               County Judge, 710 Main
                                                                                Street, Suite 101,
                                                                                Georgetown, TX 78626.
Virginia:
    Albemarle.....................  Unincorporated areas   April 8, 2009, April  The Honorable David        August 13, 2009................       510006
                                     of Albemarle County    15, 2009, The Daily   Slutzky, Chairman,
                                     (08-03-1578P).         Progress.             Albemarle County Board
                                                                                of Supervisors, 401
                                                                                McIntire Road,
                                                                                Charlottesville, VA
                                                                                22902.
    Fauquier......................  Unincorporated areas   April 9, 2009, April  The Honorable R. Holder    August 14, 2009................       510055
                                     of Fauquier County     16, 2009, Fauquier    Trumbo, Jr., Chairman,
                                     (09-03-0367P).         Times Democrat.       Fauquier County, 10
                                                                                Hotel Street, Suite 208,
                                                                                Warrenton, VA 20186.
Washington: Pierce................  Town of Steilacoom     April 13, 2009,       The Honorable Ron Lucas,   March 31, 2009.................       530146
                                     (08-10-0544P).         April 20, 2009, The   Mayor, Town of
                                                            News Tribune.         Steilacoom, 1030 Roe
                                                                                Street, Steilacoom, WA
                                                                                98388.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 21, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-12845 Filed 6-2-09; 8:45 am]

BILLING CODE 9110-12-P


Johnd Bachmann 12/ 15/ 2003 11: 20 AM To: Amy_ L._ Farrell@ omb. eop. gov cc: Jeff Holmstead/ DC/ USEPA/ US@ EPA, Bill Wehrum/ DC/ USEPA/ US@ EPA, Stephanie Daigle/ DC/ USEPA/ US@ EPA, Don Zinger/ DC/ USEPA/ US@ EPA, Peter Tsirigotis/ RTP/ USEPA/ US@ EPA, Lisaa Jones/ DC/ USEPA/ US@ EPA, Sarah Dunham, Sam Napolitano, Lydia Wegman/ RTP/ USEPA/ US@ EPA Subject: Revised master of IAQR  incomplete This single document contains the entire preamble, including revisions we've made in response to your comments on sections 1,2,3,4,5,7,9 in redline/ strikeout. We are still working on revisions to the remaining sections 6,8, 10, and 11  they are in the file, but unchanged from yesterday.

John Bachmann U. S. EPA C404 04 Research Triangle Park, NC27711 Voice 919 541 5359 Fax 919 541 2464 email Bachmann. JohnD@ epa. gov


[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34106-34107]
[FR Doc No: 2020-10064]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2019-0211; FRL-10008-61-Region 6]

Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving elements of two
State Implementation Plan (SIP) submittals from Louisiana for the 2015
ozone National Ambient Air Quality Standards (NAAQS). The submittals
address how the existing SIP provides for the implementation,
maintenance, and enforcement of the 2015 ozone NAAQS (infrastructure
SIP or i-SIP). The i-SIP ensures that the Louisiana SIP is adequate to
meet the state's responsibilities under the CAA for this NAAQS.

DATES: This rule is effective on July 6, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2019-0211. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, EPA Region 6 Office,
Infrastructure & Ozone Section,<PHONE_NUMBER><EMAIL_ADDRESS>
Out of an abundance of caution for members of the public and our staff,
the EPA Region 6 office will be closed to the public to reduce the risk
of transmitting COVID-19. Please call or email the contact listed above
if you need alternative access to material indexed but not provided in
the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our
February 28, 2020, proposal (85 FR 11931). In that action we proposed
to approve the State's February 7, 2019, SIP submittal, and portions of
the State's November 8, 2019, SIP submittal pursuant to the
requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through (C),
and (H) through (M). We also proposed approving the Louisiana SIP for
compliance with CAA sections 110(a)(2)(D)(i)(II), Interference with
Prevention of Significant Deterioration and 110(a)(2)(D)(ii),
Interstate Pollution Abatement (which refers to CAA section 126) and
International Air Pollution (which refers to CAA section 115). We did
not propose action on the remaining portions of the November 8, 2019,
submittal addressing CAA section 110(a)(2)(D)(i)(I), and
110(a)(2)(D)(i)(II) (visibility protection portion), which will be
addressed in separate, subsequent actions. We did not receive any
comments regarding our proposal.

II. Final Action

    The EPA is approving the February 7, 2019, SIP submittal, and
portions of the November 8, 2019, SIP submittal for Louisiana pursuant
to the requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through
(C), 110(a)(2)(D)(i)(II) (the Prevention of Significant Deterioration
portion), 110(a)(2)(D)(ii), 110(a)(2)(E) through (H) and 110(a)(2)(J)
through (M). The submission addressed how Louisiana's existing SIP
provides for implementation, maintenance, and

enforcement of the 2015 Ozone NAAQS. This action is being taken under
section 110 of the Act.

III. 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 August 3, 2020. 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, Incorporation by
reference, Ozone.

    Dated: May 5, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, amend 40 CFR part 52 as
follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart T--Louisiana

0
2. In Sec.  52.970, in paragraph (e), amend the table titled ``EPA
Approved Louisiana Provisions and Quasi-Regulatory Measures by adding
an entry for ``Infrastructure for the 2015 Ozone NAAQS'' at the end of
the table to read as follows:

Sec.  52.970  Identification of Plan.

* * * * *
    (e) * * *

                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or     State submittal/
     Name of SIP provision         nonattainment      effective date   EPA approval date         Comments
                                        area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure for the 2015      Statewide........  2/7/19, 11/8/19..  6/3/2020, [Insert  Approval for
 Ozone NAAQS.                                                           Federal Register   110(a)(2)(A), (B),
                                                                        citation].         (C), (D)(i)(I)
                                                                                (portion pertaining
                                                                                to PSD), D(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L) and (M).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-10064 Filed 6-2-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20652-20653]
[FR Doc No: 2011-8891]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12965-002]

Symbiotics, LLC; Notice of Application Tendered for Filing With
the Commission and Establishing Procedural Schedule for Licensing and
Deadline for Submission of Final Amendments; Take Notice That the
Following Hydroelectric Application Has Been Filed With the Commission
and Is Available for Public Inspection

    a. Type of Application: Original Major License.
    b. Project No.: 12965-002.
    c. Date Filed: March 25, 2011.
    d. Applicant: Symbiotics, LLC.
    e. Name of Project: Wickiup Dam Hydroelectric Project.
    f. Location: The proposed project would be constructed at the
existing U.S. Bureau of Reclamation (Reclamation) Wickiup dam located
on

the Deschutes River near the city of LaPine in Deschutes County,
Oregon. The project would occupy 1.02 acres of Federal lands jointly
managed by the U.S. Forest Service and Reclamation.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Brent L. Smith, Chief Operating Officer,
Symbiotics, LLC, 371 Upper Terrace, Suite 2, Bend, OR 97702; telephone
(541) 330-8779.
    i. FERC Contact: Matt Cutlip,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. Project Description: The proposed project would consist of the
following new facilities: (1) Two 8-foot-diameter by 75-foot-long steel
penstocks would be connected to the existing twin outlet conduits above
the existing regulating tube valves and combine into a 10-foot-diameter
by 68-foot-long penstock that would deliver flow to a powerhouse; (2)
two 8-foot-diameter isolation valves would be constructed within the
75-foot-long penstocks; (3) a 50-foot by 50-foot concrete powerhouse
would be located on the northwest side of the existing concrete
stilling basin and would house one generating unit with a total
installed capacity of 7.15 megawatts; (4) a fish killing rotor system
would be constructed downstream of the powerhouse draft tube to prevent
non-native fish species from surviving Kaplan turbine passage into the
Deschutes River downstream of the project; (5) a tailrace picket
barrier would be constructed downstream of the fish killing rotor
system to protect upstream migrating fish; (6) a 135-foot-long, 24.9-
kilovolt transmission line would be buried and would connect the
project to an existing power line; and (6) appurtenant facilities.
    l. Locations of the Application: 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 at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. You may also 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.
    n. Procedural Schedule:
    The application will be processed according to the following
preliminary Hydro Licensing Schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready for       June 2011.
 Environmental Analysis.
Filing of recommendations, preliminary terms   August 2011.
 and conditions, and fishway prescriptions.
Commission issues Draft EA...................  February 2012.
Comments on Draft EA.........................  March 2012.
Modified Terms and Conditions................  May 2012.
Commission Issues Final EA...................  August 2012.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: April 7, 2011
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-8891 Filed 4-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]
[Page 30887-30889]
[DOCID:fr02jn10-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62176; File No. SR-NASDAQ-2010-063]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Routing Fees

May 26, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 26, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to modify Rule 7050 governing pricing for
NASDAQ members using the NASDAQ Options Market (``NOM''), NASDAQ's
facility for executing and routing standardized equity and index
options. Specifically, NOM proposes to expand the list of options that
will be assessed routing fees of $0.30 per contract for customer orders
and $0.55 per contract for Firm and Market Maker orders that are routed
from NOM to NASDAQ OMX PHLX, Inc. (``Phlx'').
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative for transactions on June 1, 2010.
    The text of the proposed rule change is set forth below. Proposed
new text is in italics and deleted text is in brackets.
* * * * *

7050. NASDAQ Options Market

    The following charges shall apply to the use of the order execution
and routing services of the NASDAQ Options Market by members for all
securities.
    (1)-(3) No Change.
    (4) Fees for routing contracts to markets other than the NASDAQ
Options Market shall be assessed as provided below. The current fees
and a historical record of applicable fees related to orders routed to
other exchanges shall be posted on the NasdaqTrader.com Web site.

----------------------------------------------------------------------------------------------------------------
                                    Exchange                                      Customer     Firm        MM
----------------------------------------------------------------------------------------------------------------
BATS...........................................................................       0.36       0.55       0.55
BOX............................................................................       0.06       0.55       0.55
CBOE...........................................................................       0.06       0.55       0.55
ISE............................................................................       0.06       0.55       0.55
NYSE Arca Penny Pilot..........................................................       0.50       0.55       0.55
NYSE Arca Non Penny Pilot......................................................       0.06       0.55       0.55
NYSE AMEX......................................................................       0.06       0.55       0.55
PHLX (for all options other than the below listed options).....................       0.06       0.55       0.55
PHLX (for the following options only): AA, AAPL, ABK, ABX, AIG, ALL, AMD, AMR,        0.30       0.55       0.55
 AMZN, ARIA, AXP, BAC, BRCD, C, CAT, CIEN, CIGX, CSCO, DELL, DIA, DNDN, DRYS,
 EBAY, EK, F, FAS, FAZ, GDX, GE, GLD, GLW, GS, HAL, IBM, INTC, IWM, IYR, JPM,
 LVS, MGM, MOT, MSFT, MU, NEM, NOK, NVDA, ONNN, ORCL, PALM, PFE, POT, QCOM,
 QID, QQQQ, RIG, RIMM, RMBS, SBUX, SDS, SIRI, SKF, SLV, SMH, SNDK, SPY, T, TBT,
 TZA, UAUA, UNG, USO, UYG, V, VALE, VZ, WYNN, X, XHB, XLF, XRX and YHOO........
----------------------------------------------------------------------------------------------------------------

* * * * *
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqomx.cchwallstreet.com, at

the principal office of the Exchange, 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
    NASDAQ is proposing to modify Rule 7050 governing the fees assessed
for options orders entered into NOM but routed to and executed on Phlx.
Specifically, NASDAQ is proposing to expand the number of options to
which certain routing fees apply to reflect the expansion of Phlx's Fee
Schedule for rebates for adding and fees for removing liquidity.\3\
---------------------------------------------------------------------------

    \3\ See SR-Phlx-2010-73 (May 20, 2010). For a description of the
rebates for adding and fees for removing liquidity on Phlx's Fee
Schedule, See Securities Exchange Act Release Nos. 61684 (March 10,
2010), 75 FR 13189 (March 18, 2010) (SR-Phlx-2010-33); 61961 (April
22, 2010), 75 FR 22881 (April 30, 2010) (SR-Phlx-2010-61).
---------------------------------------------------------------------------

    NASDAQ currently assesses a $0.30 per contract routing fee for
customer orders, and a $0.55 per contract routing fee for Firm and
Market Maker orders routed from NOM to Phlx for options that are
subject to rebates for adding and fees for removing liquidity as
described in the Phlx Fee Schedule. To reflect the additions Phlx is
making to its Fee Schedule, NASDAQ proposes to add the following
twenty-five options to the table set forth in Rule 7050(4): Ambac
Financial Group, Inc. (``ABK''), Barrick Gold Corporation (``ABX''),
Ariad Pharmaceuticals, Inc. (``ARIA''), American Express Company
(``AXP''), Ciena Corp. (``CIEN''), Star Scientific, Inc. (``CIGX''),
Dendreon Corp. (``DNDN''), eBay Inc. (``EBAY''), Corning Inc.
(``GLW''), Halliburton Company (``HAL''), iShares Dow Jones US Real
Estate (``IYR''), Motorola, Inc., (``MOT''), NVIDIA Corporation
(``NVDA''), ON Semiconductor Corp. (``ONNN''), Oracle Corp. (``ORCL''),
ProShares UltraShort, QQQ (``QID''), Transocean Ltd. (``RIG''), Rambus,
Inc. (``RMBS''), ProShares UltraShort S&P500 (``SDS''), ProShares
UltraShort 20+ Year Treasury (''TBT''), Visa, Inc. (``V''), Vale S.A.
(``VALE''), SPDR S&P Homebuilders (``XHB''), Xerox Corp. (``XRX'') and
Yahoo! Inc. (``YHOO'').
    The Exchange is proposing these fees to recoup the majority of
transaction and clearing costs associated with routing orders to Phlx.
As with all fees, the Exchange may adjust these routing fees by filing
a new proposed rule change.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative for transactions on June 1, 2010.
2. Statutory Basis
    NASDAQ believes that the proposed rule changes are consistent with
the provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(4) of the Act,\5\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls. The Exchange believes the proposed
fee changes are equitable in that they apply uniformly to all similarly
situated participants on NOM. The Exchange also believes that the
proposed fee changes are reasonable because the Exchange is seeking to
recoup the costs incurred for options orders entered into NOM but
routed to and executed on Phlx.
---------------------------------------------------------------------------

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

    NASDAQ is one of eight options market in the national market system
for standardized options. Joining NASDAQ and electing to trade options
is entirely voluntary. Under these circumstances, NASDAQ's fees must be
competitive and low in order for NASDAQ to attract order flow, execute
orders, and grow as a market. NASDAQ thus believes that its fees are
fair and reasonable and consistent with the Exchange Act.

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

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

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \6\ and paragraph (f)(2) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-063 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-NASDAQ-2010-063. This
file number should be included on the subject line if e-mail 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, on official business days between the hours of 10
a.m. and 3 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 publicly available. All
submissions should refer to File Number SR-NASDAQ-2010-063 and should
be submitted on or before June 23, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-13158 Filed 6-1-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30898-30900]
[FR Doc No: 2019-13769]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0372]
RIN 1625-AA00

Safety Zone, Fourth of July Fireworks Patriots Point, Charleston,
SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Cooper River at Patriot's Point in
Charleston, SC. This action is necessary to provide for the safety of
the general public, spectators, vessels, and the marine environment
from potential hazards during a fireworks display. This rulemaking will
prohibit persons and vessels from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 7:45 p.m. to 9:15 p.m. on July 4,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0372 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Chad Ray, Sector Charleston Office of
Waterways Management, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On April 10, 2019, the Patriots Point Naval and Maritime Museum
notified the Coast Guard that it would be conducting a fireworks
display from 8 p.m. to 9 p.m. on July 4, 2019. The fireworks will be
launched from a barge along the bank of the Cooper River at Patriot's
Point in Charleston, SC. Hazards from fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. In response to their request, on June 4,
2019, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Safety Zone; Fourth of July Fireworks Patriots Point,
Charleston, SC'' (84 FR 25723). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended June 19, 2019,
we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because we must
establish this safety zone by July 4, 2019 to ensure the protection of
the general public from the dangers associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously U.S.C. 1231) The COTP Charleston has determined that
potential hazards associated with the fireworks display will be a
safety concern for anyone within 500-yards of the barge from which
fireworks will be launched. The purpose of the rule is to ensure the
safety of participants, spectators, the general public, vessels and the
navigable waters in the safety zone before, during and after the
scheduled event.

IV. Discussion of the Rule

    As noted above, we received no comments on our NPRM that published
on June 4, 2019. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 7:45 p.m. to 9:15 p.m. on
July 4, 2019. The safety zone will cover certain navigable waters
within 500 yards of the fireworks barge located at Patriot's Point on
the Cooper River in Charleston, SC. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 8 p.m. to 9 p.m. fireworks
display. No vessel or person will be permitted to enter, transit
through, anchor in or remain within the safety zone without obtaining
permission from the COTP or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the COTP or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the COTP or a designated representative. The Coast
Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, or by on-scene designated
representatives.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt

from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone: The safety zone
will only be enforced for an hour and a half, and although persons and
vessels may not enter, transit through, anchor in, or remain within the
safety zone without authorization from the Captain of the Port
Charleston or a designated representative, vessel traffic will be able
to safely operate in the surrounding area during the enforcement period
and the rule would allow vessels to seek permission to enter the zone.
Moreover, the Coast Guard will provide advance notification of the
safety zone to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners via VHF-FM marine channel 16.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting only one and a
half hours that will prohibit entry within 500 yards of a barge from
which fireworks will be launched. It is categorically excluded from
further review under paragraph L60(A) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0372 to read as follows:

Sec.  165.T07-0372   Safety Zone; Patriots Point Fireworks, Charleston,
SC.

    (a) Location. This rule establishes a safety zone on all waters
within a 500-yard radius of the barge, from which fireworks will be
launched on the bank of the Cooper River at Patriot's Point in
Charleston, SC.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the

Port Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced on July 4, 2019
from 7:45 p.m. until 9:15 p.m.

    Dated: June 21, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2019-13769 Filed 6-27-19; 8:45 am]
 BILLING CODE 9110-04-P