[Federal Register: May 25, 2010 (Volume 75, Number 100)]
[Rules and Regulations]
[Page 29201-29205]
[DOCID:fr25my10-8]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Deputy Federal Insurance and Mitigation
Administrator of FEMA has resolved any appeals resulting from this
notification.
    The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFE determinations are
available for inspection.
    The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities.
    These modified BFEs are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood

insurance premium rates for new buildings built after these elevations
are made final, and for the contents in these buildings. The changes in
BFEs are in accordance with 44 CFR 65.4.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

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

PART 65--[AMENDED]

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

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

Sec.  65.4  [Amended]

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             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: Shelby (FEMA Docket No: B- City of Montevallo     June 11, 2009; June   The Honorable Ben          October 16, 2009...............       010349
 1067).                              (08-04-6211P).         18, 2009; The         McCrory, Mayor, City of
                                                            Birmingham News.      Montevallo, 545 Main
                                                                                Street, Montevallo, AL
                                                                                35115.
California:
    San Bernardino (FEMA Docket     City of Redlands (09-  June 11, 2009; June   The Honorable Jon          May 29, 2009...................       060279
     No: B-1067).                    09-0076P).             18, 2009; Redlands    Harrison, Mayor, City of
                                                            Daily Facts.          Redlands, 35 Cajon
                                                                                Street, Suite 200,
                                                                                Redlands, CA 92373.
    San Diego (FEMA Docket No: B-   City of San Diego (09- June 10, 2009; June   The Honorable Jerry        October 15, 2009...............       060295
     1067).                          09-0194P).             17, 2009; San Diego   Sanders, Mayor, San
                                                            Transcript.           Diego County, 11th
                                                                                Floor, 202 C Street, San
                                                                                Diego, CA 92101.
    San Diego (FEMA Docket No: B-   Unincorporated areas   June 17, 2009; June   The Honorable Dianne       October 22, 2009...............       060284
     1067).                          of San Diego County    24, 2009; San Diego   Jacob, Chairwoman, San
                                     (09-09-0374P).         Transcript.           Diego County Board of,
                                                                                Supervisors, 1600
                                                                                Pacific Highway, Room
                                                                                335, San Diego, CA 92101.
    Ventura (FEMA Docket No: B-     City of Oxnard (09-09- June 11, 2009; June   The Honorable Thomas       May 29, 2009...................       060417
     1067).                          1399P).                18, 2009; Ventura     Holden, Mayor, City of
                                                            Star.                 Oxnard, 300 West 3rd
                                                                                Street, Oxnard, CA 93030.
Colorado:
    Adams & Arapahoe (FEMA Docket   City of Aurora (09-08- June 11, 2009; June   The Honorable Ed Tauer,    October 16, 2009...............       080002
     No: B-1067).                    0361P).                18, 2009; Aurora      Mayor, City of Aurora,
                                                            Sentinel.             15151 East Alameda
                                                                                Parkway, Aurora, CO
                                                                                80012.
    Arapahoe (FEMA Docket No: B-    City of Aurora (09-08- July 2, 2009; July    The Honorable Ed Tauer,    June 23, 2009..................       080002
     1070).                          0620P).                9, 2009; Aurora       Mayor, City of Aurora,
                                                            Sentinel.             15151 East Alameda
                                                                                Parkway, Aurora, CO
                                                                                80012.
    Arapahoe (FEMA Docket No: B-    City of Sheridan (09-  June 12, 2009; June   The Honorable Mary         October 19, 2009...............       080018
     1070).                          08-0267P).             19, 2009; Englewood   Carter, Mayor, City of
                                                            Herald.               Sheridan, 4101 South
                                                                                Federal Boulevard,
                                                                                Sheridan, CO 80110.
    Denver (FEMA Docket No: B-      City and County of     July 2, 2009; July    The Honorable John W.      June 23, 2009..................       080046
     1070).                          Denver (09-08-0620P).  9, 2009; Denver       Hickenlooper, Mayor,
                                                            Post.                 City and County of
                                                                                Denver, 1437 Bannock
                                                                                Street, Suite 350,
                                                                                Denver, CO 80202.
    Douglas (FEMA Docket No: B-     Unincorporated areas   May 21, 2009; May     The Honorable Jack         September 25, 2009.............       080049
     1067).                          of Douglas County      28, 2009; Douglas     Hilbert, Chairman,
                                     (09-08-0431P).         County News-Press.    Douglas County Board of,
                                                                                Commissioners, 100 3rd
                                                                                Street, Castle Rock, CO
                                                                                80104.
    Douglas (FEMA Docket No: B-     Town of Parker (09-08- May 21, 2009; May     The Honorable David        September 25, 2009.............       080310
     1067).                          0431P).                28, 2009; Douglas     Casiano, Mayor, Town of
                                                            County News-Press.    Parker, 20120 East Main
                                                                                Street, Parker, CO 80138.
    Summit (FEMA Docket No: B-      Town of Silverthorne   June 5, 2009; June    The Honorable David Koop,  May 22, 2009...................       080201
     1067).                          (08-08-0785P).         12, 2009; Summit      Mayor, Town of
                                                            County Journal.       Silverthorne, P.O. Box
                                                                                1309, Silverthorne, CO
                                                                                80498.
Connecticut:
    Hartford (FEMA Docket No: B-    Town of Farmington     March 23, 2009;       The Honorable Michael      July 28, 2009..................       090029
     1067).                          (09-01-0125P).         March 30, 2009; The   Clark, Chair, Town of
                                                            Hartford Courant.     Farmington Council, One
                                                                                Monteith Drive,
                                                                                Farmington, CT 06032.
    New Haven (FEMA Docket No: B-   Town of Branford (09-  June 11, 2009; June   The Honorable Anthony      May 29, 2009...................       090073
     1067).                          01-0507P).             18, 2009; Branford    DaRos, First Selectman,
                                                            Sound.                Town of Branford, P.O.
                                                                                Box 150, Branford, CT
                                                                                06405.
Delaware: New Castle (FEMA Docket   Unincorporated areas   June 9, 2009; June    Mr. Christopher Coons,     October 13, 2009...............       105085
 No: B-1067).                        of New Castle County   16, 2009; The News    New Castle County
                                     (09-03-0923P).         Journal.              Executive, 87 Reads Way
                                                                                Corporate Commons, New
                                                                                Castle, DE 19720.

Florida:
    Lee (FEMA Docket No: B-1067)..  Unincorporated areas   June 8, 2009; June    The Honorable Ray Judah,   May 27, 2009...................       125124
                                     of Lee County (09-04-  15, 2009; Fort        Chairman, Lee County
                                     3111P).                Myers News-Press.     Board, of Commissioners,
                                                                                P.O. Box 398, Fort
                                                                                Myers, FL 33902.
    Marion (FEMA Docket No: B-      City of Ocala (09-04-  June 25, 2009; July   The Honorable Randy        June 12, 2009..................       120330
     1070).                          0503P).                2, 2009; Star         Ewers, Mayor, City of
                                                            Banner.               Ocala, P.O. Box 1270,
                                                                                Ocala, FL 34478.
    Orange (FEMA Docket No: B-      City of Orlando (09-   July 9, 2009; July    The Honorable Buddy Dyer,  September 28, 2009.............       120186
     1070).                          04-3112P).             16, 2009; Orlando     Mayor, City of Orlando,
                                                            Weekly.               400 South Orange Avenue,
                                                                                Orlando, FL 32802.
    Sumter (FEMA Docket No: B-      Unincorporated areas   July 9, 2009; July    The Honorable Richard      June 30, 2009..................       120296
     1070).                          of Sumter County (09-  16, 2009; Sumter      Hoffman, Commissioner,
                                     04-3548P).             County Times.         District One, Sumter
                                                                                County Board of
                                                                                Commissioners, 910 North
                                                                                Main Street, Bushnell,
                                                                                FL 33513.
Georgia:
    Columbia (FEMA Docket No: B-    Unincorporated areas   June 14, 2009; June   The Honorable Ron C.       May 29, 2009...................       130059
     1067).                          of Columbia County     21, 2009; Columbia    Cross, Chairman,
                                     (09-04-2902P).         County News-Times.    Columbia County Board of
                                                                                Commissioners, P.O. Box
                                                                                498, Evans, GA 30809.
    Columbia (FEMA Docket No: B-    City of Grovetown (09- June 14, 2009; June   The Honorable George W.    May 29, 2009...................       130265
     1067).                          04-2902P).             21, 2009; Columbia    James III, Mayor, City
                                                            County News-Times.    of Grovetown, 201
                                                                                Williams Street,
                                                                                Grovetown, GA 30813.
    Canyon (FEMA Docket No: B-      Unincorporated areas   May 11, 2009; May     The Honorable David        April 30, 2009.................       160208
     1067).                          of Canyon County (08-  18, 2009; Idaho       Ferdinand, Chairman,
                                     10-0685P).             Press-Tribune.        Canyon County Board of
                                                                                Commissioners, 1115
                                                                                Albany Street, Caldwell,
                                                                                ID 83605.
    Teton (FEMA Docket No: B-1063)  Unincorporated areas   May 21, 2009; May     The Honorable Larry        September 25, 2009.............       160230
                                     of Teton County (08-   28, 2009; Teton       Young, Chairman, Teton
                                     10-0585P).             Valley News.          County Board of
                                                                                Commissioners, P.O. Box
                                                                                756, Driggs, ID 83422.
Illinois:
    DuPage (FEMA Docket No: B-      Village of Villa Park  July 10, 2009; July   The Honorable Joyce        June 29, 2009..................       170217
     1070).                          (08-05-4476P).         17, 2009; Villa       Stupegia; President,
                                                            Park Argus.           Village of Villa Park;
                                                                                20 South Ardmore Avenue;
                                                                                Villa Park, IL 60181.
    Will (FEMA Docket No: B-1070).  Unincorporated areas   July 6, 2009; July    The Honorable Lawrence M.  November 10, 2009..............       170695
                                     of Will County (09-    13, 2009; The         Walsh, Will County
                                     05-3443P).             Herald News.          Executive, 302 North
                                                                                Chicago Street, Joliet,
                                                                                IL 60432.
Indiana:
    Elkhart (FEMA Docket No: B-     City of Elkhart (09-   July 3, 2009; July    The Honorable David        November 9, 2009...............       180057
     1070).                          05-0815P).             10, 2009; The         Miller, Mayor, City of
                                                            Elkhart Truth.        Elkhart, Municipal
                                                                                Building, 229 South 2nd
                                                                                Street, Elkhart, IN
                                                                                46516.
    Elkhart (FEMA Docket No: B-     Unincorporated areas   July 3, 2009; July    The Honorable Terry        November 9, 2009...............       180056
     1070).                          of Elkhart County      10, 2009; The         Rodino, President,
                                     (09-05-0815P).         Elkhart Truth.        Elkhart County Board of
                                                                                Commissioners, 117 North
                                                                                2nd Street, Goshen, IN
                                                                                46526.
Kansas:
     McPherson (FEMA Docket No: B-  City of McPherson (09- July 7, 2009; July    The Honorable Thomas A.    June 26, 2009..................       200217
     1070).                          07-0243P).             14, 2009; McPherson   Brown, Mayor, City of
                                                            Sentinel.             McPherson, P.O. Box
                                                                                1008, McPherson, KS
                                                                                67460.
    Sedgwick (FEMA Docket No: B-    Unincorporated areas   April 20, 2009;       The Honorable Kelly        August 25, 2009................       200321
     1067).                          of Sedgwick County     April 27, 2009;       Parks, Chairman,
                                     (08-07-1331P).         Wichita Eagle.        Sedgwick County Board of
                                                                                Commissioners, County
                                                                                Courthouse, 525 North
                                                                                Main Street, Wichita, KS
                                                                                67203.
    Sedgwick (FEMA Docket No: B-    City of Valley Center  April 20, 2009;       The Honorable Michael D.   August 25, 2009................       200327
     1067).                          (08-07-1331P).         April 27, 2009;       McNown, Mayor, City of
                                                            Wichita Eagle.        Valley Center, P.O. Box
                                                                                188, Valley Center, KS
                                                                                67147.
Michigan: Macomb (FEMA Docket No:   Township of Shelby     June 21, 2009; June   The Honorable Richard      October 19, 2009...............       260126
 B-1067).                            (09-05-0484P).         28, 2009; The         Stathakis, Supervisor,
                                                            Source.               Shelby Township, 52700
                                                                                Van Dyke Avenue, Shelby
                                                                                Township, MI 48316.
Minnesota:
    Anoka (FEMA Docket No: B-1070)  City of Blaine (08-05- March 27, 2009;       The Honorable Thomas       July 27, 2009..................       270007
                                     4922P).                April 3, 2009;        Ryan, Mayor, City of
                                                            Blaine-Spring Lake    Blaine, 12147 Radisson
                                                            Park Life.            Road Northeast, Blaine,
                                                                                MN 55449.
    Anoka (FEMA Docket No: B-1070)  City of Coon Rapids    March 27, 2009;       The Honorable Tim Howe,    July 27, 2009..................       270011
                                     (08-05-4922P).         April 3, 2009; Coon   Mayor, City of Coon
                                                            Rapids Herald.        Rapids, 11155 Robinson
                                                                                Drive, Coon Rapids, MN
                                                                                55433.
    Olmsted (FEMA Docket No: B-     Unincorporated areas   May 26, 2009; June    The Honorable Kenneth W.   May 15, 2009...................       270626
     1063).                          of Olmsted County      2, 2009; Post-        Brown, Commissioner, c/o
                                     (09-05-1227P).         Bulletin.             County Administration,
                                                                                151 4th Street
                                                                                Southeast, Rochester, MN
                                                                                55904.
    Olmsted (FEMA Docket No: B-     City of Rochester (09- May 26, 2009; June    The Honorable Ardell F.    May 15, 2009...................       275246
     1063).                          05-1227P).             2, 2009; Post-        Brede, Mayor, City of
                                                            Bulletin.             Rochester, 201 4th
                                                                                Street Southeast, Room
                                                                                281, Rochester, MN 55904.

    Stearns (FEMA Docket No: B-     City of Cold Springs   June 2, 2009; June    The Honorable Doug         October 7, 2009................       270444
     1063).                          (09-05-2287P).         9, 2009; Cold         Schmitz, Mayor, City of
                                                            Springs Record.       Cold Spring, 12 11th
                                                                                Avenue North, Cold
                                                                                Spring, MN 56320.
Mississippi: Rankin (FEMA Docket    City of Richmond (09-  July 8, 2009; July    The Honorable Shirley      July 30, 2009..................       280299
 No: B-1070).                        04-2764P).             15, 2009; Rankin      Hall, Mayor, City of
                                                            County News.          Richland, P.O. Box
                                                                                180609, Richland, MS
                                                                                39218.
Missouri: Jefferson (FEMA Docket    Unincorporated areas   June 4, 2009; June    Mr. Chuck Banks,           May 28, 2009...................       290808
 No: B-1063).                        of Jefferson County    11, 2009; Jefferson   Jefferson County
                                     (09-07-0429P).         County Leader.        Executive, P.O. Box 100,
                                                                                Hillsboro, MO 63050.
Montana:
    Carbon (FEMA Docket No: B-      City of Red Lodge (09- June 11, 2009; June   The Honorable Betsy        October 16, 2009...............       300007
     1070).                          08-0545P).             18, 2009; Carbon      Scanlin, Mayor, City of
                                                            County News.          Red Lodge, P.O. Box 9,
                                                                                Red Lodge, MT 59068.
    Flathead (FEMA Docket No: B-    Unincorporated areas   May 26, 2009; June    The Honorable Dale         September 30, 2009.............       300023
     1063).                          of Flathead County     2, 2009; Daily        Lauman, Chairman,
                                     (09-08-0251P).         Inter Lake.           Flathead County Board
                                                                                of, Commissioners, 800
                                                                                South Main Street,
                                                                                Kalispell, MT 59901.
Nebraska: Lincoln (FEMA Docket No:  City of North Platte   June 25, 2009; July   The Honorable Marc         June 15, 2009..................       310143
 B-1067).                            (09-07-1206P).         2, 2009; North        Kaschke, Mayor, City of
                                                            Platte Telegraph.     North Platte, 211 West
                                                                                3rd Street, North
                                                                                Platte, NE 69101.
New Mexico: Sandoval (FEMA Docket   City of Rio Rancho     June 5, 2009; June    The Honorable Thomas E.    May 26, 2009...................       350146
 No: B-1063).                        (09-06-0561P).         12, 2009;             Swisstack, Mayor, City
                                                            Albuquerque Journal.  of Rio Rancho, 3200
                                                                                Civic Center Circle
                                                                                Northeast, Rio Rancho,
                                                                                NM 87144.
New York: Rockland (FEMA Docket     Town of Ramapo (09-02- May 11, 2009; May     The Honorable Christopher  October 27, 2009...............       365340
 No: B-1059).                        0256P).                18, 2009; The         St. Lawrence,
                                                            Journal News.         Supervisor, Town of
                                                                                Ramapo, 237 Route 59,
                                                                                Suffern, NY 10901.
Ohio:
    Franklin (FEMA Docket No: B-    City of Dublin (08-05- June 17, 2009; June   The Honorable Mary         October 22, 2009...............       390673
     1070).                          2843P).                24, 2009; The         Chinnici-Zuercher,
                                                            Dublin News.          Mayor, City of Dublin,
                                                                                5200 Emerald Parkway,
                                                                                Dublin, OH 43017.
    Hancock (FEMA Docket No: B-     Unincorporated areas   June 30, 2009; July   The Honorable Edward D.    November 4, 2009...............       390767
     1070).                          of Hancock County      7, 2009; The          Ingold, Hancock County
                                     (09-05-2984P).         Courier.              Commissioner, 322 South
                                                                                Main Street, Findlay, OH
                                                                                45840.
    Lucas (FEMA Docket No: B-1067)  City of Toledo (09-05- June 3, 2009; June    The Honorable Carleton S.  May 21, 2009...................       395373
                                     0642P).                10, 2009; Toledo      Finkbeiner, Mayor, City
                                                            Blade.                of Toledo, 1 Government
                                                                                Center, 640 Jackson
                                                                                Street, Suite 2200,
                                                                                Toledo, OH 43604.
South Carolina:
    Aiken (FEMA Docket No: B-1063)  Unincorporated areas   May 8, 2009; May 15,  The Honorable Ronnie       April 30, 2009.................       450002
                                     of Aiken County (09-   2009; Aiken           Young, Aiken County
                                     04-1792P).             Standard.             Council Chairman, 736
                                                                                Richland Avenue West,
                                                                                Aiken, SC 29801.
    Aiken (FEMA Docket No: B-1063)  City of North Augusta  May 8, 2009; May 15,  The Honorable Lark W.      April 30, 2009.................       450007
                                     (09-04-1792P).         2009; Aiken           Jones, Mayor, City of
                                                            Standard.             North Augusta, P.O. Box
                                                                                6400, North Augusta, SC
                                                                                29861.
    Lancaster (FEMA Docket No: B-   Unincorporated Areas   June 8, 2009; June    The Honorable Steve        October 13, 2009...............       450120
     1070).                          of Lancaster County    15, 2009; Rock Hill   Willis, Lancaster County
                                     (09-04-1036P).         Herald.               Administrator, P.O. Box
                                                                                1809, Lancaster, SC
                                                                                29721.
South Dakota: Lawrence (FEMA        City of Deadwood (09-  June 3, 2009; June    The Honorable Francis A.   October 8, 2009................       460045
 Docket No: B-1063).                 08-0225P).             10, 2009; Lawrence    Toscana, Mayor, City of
                                                            County Journal.       Deadwood, P.O. Box 413,
                                                                                Deadwood, SD 57732.
Tennessee: Wilson (FEMA Docket No:  City of Mt. Juliet     June 19, 2009; June   The Honorable Linda Elam,  June 10, 2009..................       470290
 B-1067).                            (09-04-1406P).         26, 2009; Lebanon     Mayor, City of Mount
                                                            Democrat.             Juliet, 2425 North Mount
                                                                                Juliet Road, Mount
                                                                                Juliet, TN 37122.
Texas: Bexar (FEMA Docket No: B-    Unincorporated areas   July 6, 2009; July    The Honorable Nelson W.    July 30, 2009..................       480035
 1070).                              of Bexar County (08-   13, 2009; Daily       Wolff, Bexar County
                                     06-2311P).             Commercial Recorder.  Judge, Bexar County
                                                                                Courthouse, 100 Dolorosa
                                                                                Street, Suite 120, San
                                                                                Antonio, TX 78205.
    Bexar (FEMA Docket No: B-1067)  City of San Antonio    June 10, 2009; June   The Honorable Phil         October 15, 2009...............       480045
                                     (09-06-0261P).         17, 2009; San         Hardberger, Mayor, City
                                                            Antonio Express-      of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                78283.
    Cherokee (FEMA Docket No: B-    City of Jacksonville   June 9, 2009; June    The Honorable Robert N.    October 14, 2009...............       480123
     1067).                          (09-06-0483P).         16, 2009;             Haberle, Mayor, City of
                                                            Jacksonville Daily    Jacksonville, P.O. Box
                                                            Progress.             1390, Jacksonville, TX
                                                                                75766.
    Collin (FEMA Docket No: B-      City of Plano (08-06-  July 3, 2009; July    The Honorable Phil Dyer,   November 9, 2009...............       480140
     1070).                          2741P)..               10, 2009; Plano       Mayor, City of Plano,
                                                            Star-Courier.         1520 Avenue K, Plano, TX
                                                                                75074.
    Kerr (FEMA Docket No: B-1063).  City of Kerrville (09- May 11, 2009; May     The Honorable Todd Bock,   September 15, 2009.............       480420
                                     06-0116P).             18, 2009; Kerrville   Mayor, City of
                                                            Daily Times.          Kerrville, 800 Junction
                                                                                Highway, Kerrville, TX
                                                                                78028.
    Tarrant (FEMA Docket No: B-     City of Fort Worth     April 3, 2009; April  The Honorable Michael J.   March 25, 2009.................       480596
     1067).                          (09-06-1123P).         10, 2009; Fort        Moncrief, Mayor, City of
                                                            Worth Star-Telegram.  Fort Worth, 1000
                                                                                Throckmorton Street,
                                                                                Fort Worth, TX 76102.

    Travis (FEMA Docket No: B-      City of Austin (08-06- May 12, 2009; May     The Honorable Will Wynn,   April 30, 2009.................       480624
     1070).                          3046P)..               19, 2009; Austin      Mayor, City of Austin,
                                                            American Statesman.   P.O. Box 1088, Austin,
                                                                                TX 78767.
    Webb (FEMA Docket No: B-1070).  City of Laredo (09-06- June 11, 2009; June   The Honorable Raul G.      October 16, 2009...............       480651
                                     0689P).                18, 2009; Laredo      Salinas, Mayor, City of
                                                            Morning Times.        Laredo, 1110 Houston
                                                                                Street, Laredo, TX 78040.
Utah: Davis (FEMA Docket No: B-     City of Centerville    May 26, 2009; June    The Honorable Ronald G.    May 12, 2009...................       490040
 1063).                              (07-08-0754P).         2, 2009; Salt Lake    Russell, Mayor, City of
                                                            Tribune.              Centerville, 73 West
                                                                                Ricks Creek Way,
                                                                                Centerville, UT 84014.
Virginia:
    City of Harrisonburg (FEMA      City of Harrisonburg   June 26, 2009; July   The Honorable Kai Degner,  November 2, 2009...............       510076
     Docket No: B-1070).             (09-03-0277P).         3, 2009; Daily News-  Mayor, City of
                                                            Record.               Harrisonburg, 345 South
                                                                                Main Street,
                                                                                Harrisonburg, VA 22801.
    City of Waynesboro (FEMA        City of Waynesboro     June 8, 2009; June    The Honorable Timothy D.   June 29, 2009..................       515532
     Docket No: B-1070).             (09-03-0235P).         15, 2009; The News    Williams, Mayor, City of
                                                            Virginian.            Waynesboro, P.O. Box
                                                                                1028, Waynesboro, VA
                                                                                22980.
    Prince Edward (FEMA Docket No:  Town of Farmville (08- July 1, 2009; July    The Honorable Sydnor C.    October 3, 2009................       510118
     B-1070).                        03-1396P).             8, 2009; Farmville    Newman, Jr., Mayor, Town
                                                            Herald.               of Farmville, 116 North
                                                                                Main Street, Farmville,
                                                                                VA 23901.
    Rockingham (FEMA Docket No: B-  Town of Bridgewater    May 21, 2009; May     Mr. Bob F. Holton, Town    May 12, 2009...................       510134
     1063).                          (09-03-0163P).         28, 2009; Daily       of Bridgewater
                                                            News-Record.          Superintendent, 201
                                                                                Green Street,
                                                                                Bridgewater, VA 22812.
    Rockingham (FEMA Docket No: B-  Unincorporated areas   May 21, 2009; May     Mr. Joseph F. Paxton,      May 12, 2009...................       510133
     1063).                          of Rockingham County   28, 2009; Daily       Rockingham County
                                     (09-03-0163P).         News-Record.          Administrator, 20 East
                                                                                Gay Street,
                                                                                Harrisonburg, VA 22801.
    Wisconsin: Dane (FEMA Docket    Unincorporated areas   June 26, 2009; July   The Honorable Kathleen     November 2, 2009...............       550077
     No: B-1070).                    of Dane County (08-    3, 2009; Wisconsin    Falk, Dane County
                                     05-5051P).             State Journal.        Executive, City County
                                                                                Building, Room 421, 210
                                                                                Martin Luther King Jr.
                                                                                Boulevard, Madison, WI
                                                                                53703.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: April 30, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12482 Filed 5-24-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Pages 32636-32637]
[FR Doc No: 2023-10798]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0902; Airspace Docket No. 21-ANE-6]
RIN 2120-AA66

Amendment and Revocation of VOR Federal Airways; Northeast United
States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action removes Very High Frequency (VHF) Omnidirectional
Range (VOR) Federal airway V-308 in support of the FAA's VOR Minimum
Operational Network (MON) program.

DATES: Effective date 0901 UTC, August 10, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA JO Order 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System.

History

    The FAA published a NPRM for Docket No. FAA-2022-0902 in the
Federal Register (87 FR 43757; July 22, 2022), proposing to amend VOR
Federal airways V-44, V-139, and V-268; and removing airways V-34, and
V-167, and V-308. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal.
No comments were received.

Difference From the NPRM

    Subsequent to publishing the NPRM, the FAA decided to postpone
amending VOR Federal airways V-44, V-139, and V-268, and removing V-34
and V-167. This rule only removes VOR Federal airway V-308.

Incorporation by Reference

    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by removing VOR Federal airway V-
308. The FAA makes this change is support of the FAA's VOR MON program.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of removing VOR Federal
airway V-308 in Northeastern United States, qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321
et seq.) and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points); and paragraph 5-
6.5b, which categorically excludes from further environmental impact
review ``Actions regarding establishment of jet routes and Federal
airways (see 14 CFR 71.15, Designation of jet routes and VOR Federal
airways). . .''. As such, this action is not expected to result in any
potentially significant environmental impacts. In accordance with FAA
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the
FAA has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. Accordingly, the FAA
has determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment or environmental impact
study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR part 71 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways

* * * * *

V-308 [Removed]

* * * * *

    Issued in Washington, DC, on May 16, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10798 Filed 5-19-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29944-29946]
[FR Doc No: 2015-12552]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0719]
RIN 1625-AA09

Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the East Venetian Causeway Bridge across Miami
Beach Channel, Miami-Dade County, Florida. For approximately nine
months, the West Venetian Causeway Bridge will remain in the open
position to complete necessary repairs. This rule will temporarily
authorize the fulltime closure of the East Venetian Causeway Bridge to
ensure that vehicular traffic will be able to access and depart from
the Venetian Causeway while emergency repairs are completed.

DATES: This temporary final rule is effective from 7 a.m. on May 26,
2015 to 7 p.m. on February 28, 2016.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0719]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Robert Glassman at telephone 305-
415-6746, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    On September 11, 2014, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Biscayne Bay, Miami
Beach, FL'' in the Federal Register (79 FR 54241-54244). We received 13
comments on the proposed rule. No public meeting was requested, and
none was held.
    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. This provision authorizes an
agency to make a rule effective less than 30 days after publication in
the Federal Register when the agency for good cause finds that delaying
the effective period for 30 days or more is ``impracticable,
unnecessary, or contrary to the public interest.'' 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 because the East Venetian Causeway Bridge experienced a
mechanical failure that prevents it from being opened. Therefore, it is
impracticable to make this rule effective 30 days or more after
publication in the Federal Register.

B. Basis and Purpose

    The East Venetian Causeway Bridge connects Rivo Alto Island and the
four Venetian Causeway islands east of Miami to Belle Isle and Miami
Beach, Florida. The vertical clearance of the East Venetian Causeway
Bridge is five feet above mean high water and the horizontal clearance
is 57 feet between fenders.
    Emergency repairs are required on both the East Venetian Causeway
Bridge and the West Venetian Causeway Bridge. This rule will allow
repairs to be completed on both bridges while minimizing impacts on
vehicular and waterway traffic.
    On August 12, 2014, the East Venetian Causeway Bridge bridge owner,
Miami-Dade County, and the Mayor of Miami Beach requested that the
Coast Guard consider closing the East Venetian Causeway Bridge to all
marine traffic during repairs to the approach span on west side of the
Venetian Islands. The roadway leading to the West Venetian Causeway
Bridge will be closed to vehicular traffic while repairs are completed
on the approach span and Miami-Dade County will leave the West Venetian
Causeway Bridge in the open to navigation position. While the West
Venetian Causeway Bridge is in the open position, vehicles accessing
islands along the Venetian Causeway will use the East Venetian Causeway
Bridge.
    On April 20, 2015, the Coast Guard was advised that the East
Venetian Bridge experienced an extensive mechanical breakdown which
cannot be fixed prior to the start of West Venetian Approach
replacement. These repairs can be completed while the bridge is in the
closed position. However, due to the extensive repairs required to fix
the East Venetian Bridge, all parties have agreed to allow the repairs
to be completed after vehicle traffic is restored on the West Venetian
Bridge. This rule will allow the East Venetian Bridge to remain closed
to navigation until the repairs to the West Venetian Approach are
completed and vehicle traffic movement has been restored.

C. Discussion of Comments, Changes and the Temporary Final Rule

    Title 33, Code of Federal Regulations, Section 117.269 requires the
East Venetian Causeway Bridge to open on signal except from 7 a.m. to 7
p.m., Monday through Friday when it opens on the hour and half-hour
(Federal holidays excluded). On September 11, 2014, the Coast Guard
published a NPRM that proposed amending the operating schedule for the
East Venetian

Causeway Bridge by authorizing it to remain closed except for an
opening at 10:30 a.m. and 7:30 p.m. daily from November 1, 2014 until
August 1, 2015. This opening schedule was proposed to limit openings
during West Venetian Causeway Bridge approach span repairs. Following
publication of this proposed rule, Miami-Dade County determined that
waterway and vehicular traffic would be least affected if repair work
started during the summer months, after the conclusion of peak tourist
season. Therefore, repair work did not commence during the time period
proposed.
    Miami-Dade County recently notified the Coast Guard that it will be
able to commence repairs to the West Venetian Causeway Bridge in June
2015. Due to the recent mechanical failure of the East Venetian
Causeway Bridge, the Coast Guard is making this rule effective prior to
the commencement of construction on the West Venetian Causeway Bridge.
    In response to the NPRM, the Coast Guard received 13 comments, all
of which expressed concerns with the ability of emergency vehicles to
respond to incidents on Venetian Causeway islands in a timely manner if
the East Venetian Causeway bridge operation fails while it is in the
open to navigation position. The Coast Guard received no comments from
the maritime community, but the proposed rule noted that maritime
traffic can use the West Venetian Causeway Bridge to gain access to
adjacent waterways while the East Venetian Causeway is closed.
    Based on draw tender logs, the Coast Guard found that vessel
traffic on this waterway typically consists of recreational boats and
two commercial passenger vessels. These vessels can use the West
Venetian causeway bridge as a route of similar convenience while this
rule is in effect.
    After considering comments received, the recent mechanical failure
of the East Venetian Causeway Bridge, and the ability of maritime
traffic to safely operate on waters adjacent to the East Venetian
Causeway Bridge, the Coast Guard is amending the operating schedule for
the East Venetian Causeway Bridge by authorizing full time closure
until repairs can be made to the East and West Venetian Causeway
Bridges. Miami-Dade County has confirmed that repairs to both bridges
will be completed by the end of February 2016. Therefore, this rule is
effective until February 28, 2016.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    This rule authorizes the East Venetian Causeway Bridge to remain in
the closed to navigation position at all times while repairs are made.
During the time period needed for these repairs, vessel traffic seeking
access through the Venetian Causeway may transit through the West
Venetian Causeway bridge or, alternatively, vessels may transit around
Miami Beach. Therefore, this is not a significant regulatory action
because alternative routes of similar convenience are available to
maritime traffic.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 no comments from the Small Business
Administration on this rule. 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.
    No changes were made to accommodate small entities. This rule would
affect the following entities, some of which may be small entities: The
owners or operators of vessels intending to transit the East Venetian
Causeway Bridge. As discussed in 1. Regulatory Planning and Review
above, these operators may use other routes to seek access to adjacent
waterways.

3. Assistance for 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 above.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117 Bridges

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Effective 7 a.m. on May 26, 2015 to 7 p.m. on February 28, 2016,
suspend Sec.  117.269 and add Sec.  117.T269 to read as follows:

Sec.  117.T269  Biscayne Bay.

    The Venetian Causeway Bridge (East) shall remain closed to
navigation.

    Dated: May 7, 2015.
Melissa Bert,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 2015-12552 Filed 5-22-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49064-49066]
[FR Doc No: 2021-18802]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92770; File No. SR-NYSE-2021-43]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending the Term ``Related Party Transactions'' Under Section 314.00
of the NYSE Listed Company Manual

August 26, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 19, 2021, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

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

    The Exchange proposes to amend the provisions of Section 314.00 of
the NYSE Listed Company Manual (``Manual'') in relation to the review
and approval of related party transactions. The proposed rule change is
available on the Exchange's website at www.nyse.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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    Section 314.00 of the Manual provides that a company's audit
committee or another independent body of the board of directors, shall
conduct a reasonable prior review and oversight of all related party
transactions for potential conflicts of interest and will prohibit such
a transaction if it determines it to be inconsistent with the interests
of the company and its shareholders. For purposes of this rule, the
term ``related party transaction'' refers to transactions required to
be disclosed pursuant to Item 404 of Regulation S-K under the Act (but
without applying the transaction value threshold of that provision). In
the case of foreign private issuers, the term ``related party
transactions'' refers to transactions required to be disclosed pursuant
to Item 7.B of Form 20-F (but without regard to the materiality
threshold of that provision).
    Item 404 of Regulation S-K and Item 7.B of Form 20-F set forth the
SEC's requirements for the disclosure of related party transactions by
domestic issuers and foreign private issuers respectively. Related
party transaction disclosures are required in a number of SEC filings,
including annual reports and, in the case of domestic issuers, annual
meeting proxy statements. Item 404 of Regulation S-K requires
disclosure of a related party transaction when the amount involved in
such transaction exceeds $120,000.\4\ Item 7.B of Form 20-F requires
disclosure of transactions that are ``material to the company or the
related party, or any transactions that are unusual in their nature or
conditions'' and also of the amount of outstanding loans (including
guarantees of any kind) made by the company, its parent or any of its
subsidiaries to or for the benefit of a related party. The Exchange
proposes to amend Section 314.00 to provide that the review and
approval requirement of that rule will be applicable only to
transactions that are required to be disclosed after taking into
account the transaction value and materiality thresholds set forth in
Item 404 of Regulation S-K or Item 7.B of Form 20-F, respectively, as
applicable.
---------------------------------------------------------------------------

    \4\ Item 404(c) separately sets forth the application of Item
404 to promoters and certain control persons. Item 404(d) separately
sets forth the application of Item 404 to smaller reporting
companies.
---------------------------------------------------------------------------

    The Exchange recently amended Section 314.00 to provide greater
clarity as to the types of transactions that were specifically subject
to review and approval under the rule.\5\ In adopting that amendment to
Section 314.00, the Exchange sought to create greater clarity and
certainty for issuers by specifying that the transactions subject to
review would be those that were required to be disclosed pursuant to
Item 404 of Regulation S-K or Form 20-F, Item 7.B, as applicable.
However, the Exchange also specified in that amendment that related
party transactions would be subject to review without regard to the
transaction value or materiality thresholds included in the SEC's
disclosure rules.
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    \5\ See Securities Exchange Act Release No. 91471 (April 2,
2021); 86 FR 18362 (April 8, 2021) (SR-NYSE-2020-85).
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    In the period since the adoption of that amendment, it has become
clear to the Exchange that the amended rule's exclusion of the
applicable transaction value and materiality thresholds is inconsistent
with the historical practice of many listed companies, and has had
unintended consequences. The Exchange has learned that many listed
companies have had a longstanding understanding that they were required
to subject related party transactions to the review process required by
Section 314.00 only if such transactions exceeded any applicable
transaction value or materiality thresholds in the applicable SEC rules
and therefore were required to be disclosed. This approach is embodied
in the written related party transaction policies of many listed
companies and is typically a part of the annual questionnaire completed
by directors and officers in connection with the company's annual
meeting. By not permitting the use of transaction value and materiality
thresholds, the amendment to Section 314.00 has had the unintended
effect of disrupting the normal course transactions of listed
companies. Because of the amendment, many companies have been required
to adopt for the first time two separate standards for related party
transactions--one for disclosure and another for review and approval of
transactions. This has created a significant compliance burden for
issuers with respect to small transactions that are considered
immaterial for purposes of other regulatory requirements. Furthermore,
the Exchange believes that the review and approval of large numbers of
immaterial transactions is not an effective use of the time of
independent directors who have many other time-consuming oversight
obligations with respect to matters that are higher risk and more
material to the company.
    The Exchange notes that domestic listed companies are also required
to comply with the requirements of Section 303A of the Manual with
respect to director independence, including the bright line
independence tests set forth in Section 303A.02(b). This proposal does
not seek in any way to modify listed companies' obligation to comply
with the independence requirements of Section 303A or listed companies'
obligations to make disclosures to the Exchange with respect to their
compliance with those obligations.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\6\ in that it is designed 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 and is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it is consistent with the protection of

investors to amend Section 314.00 to conform the related party
transactions that are subject to the review and approval requirements
of Section 314.00 to those transactions that are subject to the
applicable requirements of Item 404 of Regulation S-K and Item 7.B of
Form 20-F. In adopting the applicable provisions of Regulation S-K and
Form 20-F, the SEC determined which related party transactions must be
publicly disclosed. The Exchange believes it is therefore consistent
with the protection of investors to apply the same standards in
determining which transactions should be subject to review and approval
under Section 314.00. The Exchange notes that the Nasdaq Stock Market
takes such an approach in its rule with respect to the review of
related party transactions, which requires the review of transactions
subject to disclosure under Item 404 of Regulation S-K and Item 7.B of
Form 20-F, including the transaction value and materiality thresholds
of those regulations.\7\
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    \7\ See Nasdaq Marketplace Rule 5630.
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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 that is not necessary or appropriate
in furtherance of the purposes of the Act.
Intramarket Competition
    All companies listed on the NYSE will be subject to the amended
form of Section 314.00. Therefore, the Exchange does not believe that
the proposed amendment will have any meaningful effect on the
competition among issuers listed on the Exchange.
Intermarket Competition
    The purpose of the proposed amendment is to provide for an
efficient and transparent framework for the review and approval of
related party transactions at all listed companies. As such, it is
focused solely on corporate governance and is not intended to confer
any commercial or competitive benefit on NYSE listed companies. In
addition, the proposal substantively conforms Section 314.00 to the
related party transaction approval rule of Nasdaq, the other primary
listing venue for operating companies in the United States. For the
foregoing reasons, the Exchange does not believe that the proposed
amendment will have any meaningful effect on intermarket competition
for the listing of operating companies.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSE-2021-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2021-43. 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 website (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 website 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2021-43 and should be submitted on
or before September 22, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-18802 Filed 8-31-21; 8:45 am]
BILLING CODE 8011-01-P