[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Rules and Regulations]
[Pages 68107-68116]
[FR Doc No: 2011-28538]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final 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: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified

elevations have been published in newspapers of local circulation and
ninety (90) days have elapsed since that publication. The Deputy
Federal Insurance and Mitigation Administrator has resolved any appeals
resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    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.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

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

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

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                                                                                * Elevation in
                                                                                feet  (NGVD)  +
                                                                                Elevation in feet
                                                                                (NAVD)   Depth in feet
              State                 City/town/county   Source of flooding       Location          above ground
                                                                                [caret] Elevation
                                                                                in  meters (MSL)
                                                                                Modified

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                               Unincorporated Areas of Claiborne County, Tennessee
                                             Docket No.: FEMA-B-1151
----------------------------------------------------------------------------------------------------------------
Tennessee.......................  Unincorporated       Clinch River......  Approximately 2.3               +1032
                                   Areas of Claiborne                       miles downstream
                                   County.                                  of Big Barren
                                                                            Creek.
                                                                           Approximately 28                +1032
                                                                            miles upstream of
                                                                            Big Sycamore
                                                                            Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
                                    Unincorporated Areas of Claiborne County
Maps are available for inspection at the Claiborne County Courthouse, 1740 Main Street, Tazewell, TN 37879.
----------------------------------------------------------------------------------------------------------------
                                  City of Poquoson, Virginia (Independent City)
                                             Docket No.: FEMA-B-1137
----------------------------------------------------------------------------------------------------------------
Virginia........................  City of Poquoson...  Chesapeake Bay....  At the                             +7
                                                                            intersection of
                                                                            Hunt Wood Drive
                                                                            and Oscars Court.
Virginia........................  City of Poquoson...  Chesapeake Bay/     At the                             +7
                                                        Cedar Creek.        intersection of
                                                                            Villa Drive and
                                                                            Huntlandia Way.
                                                                           Approximately 400                  +7
                                                                            feet north of the
                                                                            intersection of
                                                                            State Route 171
                                                                            and City Hall
                                                                            Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Poquoson
Maps are available for inspection at the Building Official's Office, 500 City Hall Avenue, Poquoson, VA 23662.
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----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                   Lee County, Alabama, and Incorporated Areas
                                             Docket No.: FEMA-B-1054
----------------------------------------------------------------------------------------------------------------
Bird Creek.............................  At the confluence with                  +507  Unincorporated Areas of
                                          Saugahatchee Creek.                           Lee County.
                                         Approximately 1.9 miles                 +537
                                          upstream of the
                                          confluence with
                                          Saugahatchee Creek.
Branch 1 of Saugahatchee Creek.........  At the confluence with                  +574  City of Auburn.
                                          Saugahatchee Creek.
                                         Approximately 622 feet                  +673
                                          upstream of Dunford
                                          Avenue.
Branch 1 of Saugahatchee Creek           At the confluence with                  +594  City of Auburn.
 Tributary 1.                             Branch 1 of Saugahatchee
                                          Creek.
                                         Approximately 1,505 feet                +646
                                          upstream of Shug Jordan
                                          Parkway.
Branch 1 of Saugahatchee Creek           At the confluence with                  +607  City of Auburn.
 Tributary 2.                             Branch 1 of Saugahatchee
                                          Creek.
                                         Approximately 1,440 feet                +678
                                          upstream of Boykin Road.
Branch 2 of Saugahatchee Creek.........  At the confluence with                  +578  City of Auburn,
                                          Saugahatchee Creek.                           Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 640 feet                  +693
                                          upstream of Gatewood
                                          Drive.
Branch 2 of Saugahatchee Creek           At the confluence with                  +584  City of Auburn,
 Tributary 1.                             Branch 2 of Saugahatchee                      Unincorporated Areas of
                                          Creek.                                        Lee County.
                                         Approximately 2,553 feet                +632
                                          upstream of the
                                          confluence with Branch 2
                                          of Saugahatchee Creek.
Branch 2 of Saugahatchee Creek           At the confluence with                  +594  City of Auburn.
 Tributary 2.                             Branch 2 of Saugahatchee
                                          Creek.
                                         Approximately 1,581 feet                +652
                                          upstream of North Cary
                                          Drive.
Branch 2 of Saugahatchee Creek           At the confluence with                  +606  City of Auburn.
 Tributary 3.                             Branch 2 of Saugahatchee
                                          Creek.
                                         Approximately 171 feet                  +716
                                          upstream of North Dean
                                          Road.
Branch 2 of Saugahatchee Creek           At the confluence with                  +637  City of Auburn.
 Tributary 3.1.                           Branch 2 of Saugahatchee
                                          Creek Tributary 3.
                                         Approximately 801 feet                  +707
                                          upstream of Hollins Road.
Branch 2 of Saugahatchee Creek           At the confluence with                  +673  City of Auburn.
 Tributary 4.                             Branch 2 of Saugahatchee
                                          Creek.
                                         Approximately 201 feet                  +726
                                          upstream of Rick Drive.
Branch of Parkerson Mill Creek.........  Approximately 471 feet                  +441  City of Auburn,
                                          downstream of Timberwood                      Unincorporated Areas of
                                          Drive.                                        Lee County.
                                         Approximately 39 feet                   +447
                                          upstream of Timberwood
                                          Drive.
Chewacla Creek.........................  Approximately 1,500 feet                +354  City of Auburn,
                                          upstream of the Lee                           Unincorporated Areas of
                                          County boundary.                              Lee County.
                                         Approximately 3,592 feet                +557
                                          upstream of Lee Road 112.
Chewacla Creek Tributary 12............  At the confluence with                  +550  Unincorporated Areas of
                                          Chewacla Creek.                               Lee County.
                                         Approximately 2,807 feet                +558
                                          upstream of Johnson Lake
                                          earthen dam.
Chewacla Creek Tributary 14............  At the confluence with                  +539  Unincorporated Areas of
                                          Chewacla Creek.                               Lee County.
                                         Approximately 2,999 feet                +548
                                          upstream of the
                                          confluence with Chewacla
                                          Creek.
Chewacla Creek Tributary 15............  At the confluence with                  +533  Unincorporated Areas of
                                          Chewacla Creek.                               Lee County.
                                         Approximately 4,154 feet                +555
                                          upstream of the
                                          confluence with Chewacla
                                          Creek.
Chewacla Creek Tributary 23............  At the confluence with                  +436  City of Auburn,
                                          Chewacla Creek.                               Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 157 feet                  +484
                                          upstream of Springhill
                                          Drive.
Chewacla Creek Tributary 29............  At the confluence with                  +369  Unincorporated Areas of
                                          Chewacla Creek.                               Lee County.
                                         Approximately 3,138 feet                +384
                                          upstream of the
                                          confluence with Chewacla
                                          Creek.

Choctafaula Creek......................  Approximately 505 feet                  +375  City of Auburn,
                                          upstream of the Lee                           Unincorporated Areas of
                                          County boundary.                              Lee County.
                                         Approximately 1.5 miles                 +474
                                          upstream of Beehive Road.
Choctafaula Creek Tributary 10.........  At the confluence with                  +468  Unincorporated Areas of
                                          Choctafaula Creek.                            Lee County.
                                         Approximately 1,552 feet                +534
                                          upstream of the earthen
                                          dam.
Choctafaula Creek Tributary 10.1.......  At the confluence with                  +487  Unincorporated Areas of
                                          Choctafaula Creek.                            Lee County.
                                         Approximately 2,848 feet                +527
                                          upstream of the
                                          confluence.
Choctafaula Creek Tributary 9..........  At the confluence with                  +465  City of Auburn,
                                          Choctafaula Creek.                            Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 1.7 feet                  +632
                                          upstream of Wire Road.
Cossey Branch..........................  Approximately 1,954 feet                +356  Unincorporated Areas of
                                          upstream of the Lee                           Lee County.
                                          County boundary.
                                         Approximately 1.1 miles                 +452
                                          upstream of Highway 29.
Cossey Branch Tributary 5..............  At the confluence with                  +380  Unincorporated Areas of
                                          Cossey Branch.                                Lee County.
                                         Approximately 5,610 feet                +403
                                          upstream of the
                                          confluence with Cossey
                                          Branch.
Cossey Branch Tributary 8..............  At the confluence with                  +407  Unincorporated Areas of
                                          Cossey Branch.                                Lee County.
                                         Approximately 1.0 mile                  +428
                                          upstream of the
                                          confluence with Cossey
                                          Branch.
Halawakee Creek Tributary 8............  At the confluence with                  +645  City of Opelika,
                                          Halawakee Creek.                              Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 2,282 feet                +748
                                          upstream of Jeter Avenue.
Halawakee Creek Tributary 8.5..........  At the confluence with                  +649  City of Opelika.
                                          Halawakee Creek
                                          Tributary 8.
                                         Approximately 2,000 feet                +653
                                          upstream of the
                                          confluence with
                                          Halawakee Creek
                                          Tributary 8.
Halawakee Creek Tributary 8.6..........  At the confluence with                  +668  City of Opelika.
                                          Halawakee Creek
                                          Tributary 8.
                                         Approximately 254 feet                  +677
                                          upstream of U.S. Route
                                          280.
Halawakee Creek Tributary 8.7..........  At the confluence with                  +679  City of Opelika.
                                          Halawakee Creek
                                          Tributary 8.
                                         Approximately 1,067 feet                +712
                                          upstream of South Fox
                                          Run Parkway.
Halawakee Creek Tributary 8.7.3........  At the confluence with                  +693  City of Opelika.
                                          Halawakee Creek
                                          Tributary 8.7.
                                         Approximately 4,500 feet                +718
                                          upstream of the
                                          confluence with
                                          Halawakee Creek
                                          Tributary 8.7.
Halawakee Creek Tributary 8.8..........  At the confluence with                  +679  City of Opelika.
                                          Halawakee Creek
                                          Tributary 8.
                                         Approximately 269 feet                  +707
                                          upstream of Jeter Avenue.
Halawakee Tributary 8.7.1..............  At the confluence with                  +689  City of Opelika.
                                          Halawakee Creek
                                          Tributary 8.7.
                                         Approximately 2,538 feet                +707
                                          upstream of the
                                          confluence with
                                          Halawakee Creek
                                          Tributary 8.7.
Halawakee Tributary 8.7.2..............  At the confluence with                  +693  City of Opelika.
                                          Halawakee Creek
                                          Tributary 8.7.
                                         Approximately 1,585 feet                +717
                                          upstream of Highway 51.
Little Loblockee Creek.................  At the confluence with                  +598  City of Auburn,
                                          Loblockee Creek.                              Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 2.2 miles                 +701
                                          upstream of Highway 280.
Loblockee Creek........................  At the confluence with                  +522  Unincorporated Areas of
                                          Saugahatchee Creek.                           Lee County.
                                         Approximately 11,694 feet               +686
                                          upstream of U.S. Route
                                          280.
Loblockee Creek Tributary 12...........  At the confluence with                  +612  Unincorporated Areas of
                                          Loblockee Creek.                              Lee County.
                                         Approximately 3,748 feet                +631
                                          upstream of the
                                          confluence with
                                          Loblockee Creek.
Loblockee Creek Tributary 3............  At the confluence with                  +562  City of Auburn,
                                          Loblockee Creek.                              Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 2.0 miles                 +666
                                          upstream of Farmville
                                          Road.
Miles Creek............................  Approximately 188 feet                  +386  Unincorporated Areas of
                                          upstream of the Lee                           Lee County.
                                          County boundary.
                                         Approximately 881 feet                  +458
                                          upstream of County Road
                                          393.

Moore's Mill Creek.....................  At the confluence with                  +414  City of Auburn, City of
                                          Chewacla Creek.                               Opelika, Unincorporated
                                                                                Areas of Lee County.
                                         Approximately 2.0 miles                 +687
                                          upstream of Bent Creek
                                          Road.
Moore's Mill Creek Tributary 2.........  At the confluence with                  +527  City of Auburn.
                                          Moore's Mill Creek.
                                         Approximately 1,561 feet                +609
                                          upstream of VFW Road.
Moore's Mill Creek Tributary 3.........  At the confluence with                  +531  City of Auburn.
                                          Moore's Mill Creek.
                                         Approximately 86 feet                   +594
                                          upstream of the earthen
                                          dam.
Moore's Mill Creek Tributary 4.........  At the confluence with                  +543  City of Auburn.
                                          Moore's Mill Creek.
                                         Approximately 1,135 feet                +608
                                          upstream of Core Drive.
Moore's Mill Creek Tributary 5.........  At the confluence with                  +553  City of Auburn.
                                          Moore's Mill Creek.
                                         Approximately 85 feet                   +628
                                          upstream of Lauren Lane.
Moore's Mill Creek Tributary 6.........  At the confluence with                  +573  City of Auburn.
                                          Moore's Mill Creek.
                                         Approximately 562 feet                  +706
                                          upstream of Burke Place.
Moore's Mill Creek Tributary 6.2.......  At the confluence with                  +618  City of Auburn.
                                          Moore's Mill Creek
                                          Tributary 6.
                                         Approximately 3,057 feet                +707
                                          upstream of East
                                          University Drive.
Nash Creek.............................  At the confluence with                  +495  City of Auburn,
                                          Chewacla Creek.                               Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 142 feet                  +548
                                          upstream of Society Hill
                                          Road.
Nash Creek Tributary 1.................  At the confluence with                  +537  City of Auburn,
                                          Nash Creek.                                   Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 2,366 feet                +578
                                          upstream of the
                                          confluence with Nash
                                          Creek.
Odom Creek.............................  At the confluence with                  +412  Unincorporated Areas of
                                          Cossey Branch.                                Lee County.
                                         Approximately 1.2 miles                 +447
                                          upstream of County Road
                                          27.
Parkerson Mill Creek...................  At the confluence with                  +387  City of Auburn,
                                          Chewacla Creek.                               Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 2,604 feet                +645
                                          upstream of Wire Road.
Parkerson Mill Creek Tributary 10......  At the confluence with                  +597  City of Auburn.
                                          Parkerson Mill Creek.
                                         Approximately 2,801 feet                +650
                                          upstream of the
                                          confluence with
                                          Parkerson Mill Creek.
Parkerson Mill Creek Tributary 3.......  At the confluence with                  +514  City of Auburn,
                                          Parkerson Mill Creek.                         Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 1,469 feet                +576
                                          upstream of Longleaf
                                          Drive.
Parkerson Mill Creek Tributary 6.......  At the confluence with                  +527  City of Auburn,
                                          Parkerson Mill Creek.                         Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 367 feet                  +657
                                          upstream of Webster Road.
Parkerson Mill Creek Tributary 6.1.....  At the confluence with                  +606  City of Auburn,
                                          Parkerson Mill Creek                          Unincorporated Areas of
                                          Tributary 6.                                  Lee County.
                                         Approximately 339 feet                  +637
                                          upstream of Webster Road.
Parkerson Mill Creek Tributary 6.2.....  At the confluence with                  +587  City of Auburn,
                                          Parkerson Mill Creek                          Unincorporated Areas of
                                          Tributary 6.                                  Lee County.
                                         Approximately 116 feet                  +631
                                          upstream of Raptor Road.
Parkerson Mill Creek Tributary 7.......  At the confluence with                  +530  City of Auburn.
                                          Parkerson Mill Creek.
                                         Approximately 1,557 feet                +566
                                          upstream of the
                                          confluence with
                                          Parkerson Mill Creek
                                          Tributary 7.
Parkerson Mill Creek Tributary 7.1.....  At the confluence with                  +546  City of Auburn.
                                          Parkerson Mill Creek
                                          Tributary 7.
                                         Approximately 538 feet                  +569
                                          upstream of the earthen
                                          dam.
Parkerson Mill Creek Tributary 9.......  At the confluence with                  +568  City of Auburn.
                                          Parkerson Mill Creek.
                                         Approximately 157 feet                  +687
                                          upstream of Shug Jordan
                                          Parkway.
Pepperell Creek........................  Approximately 120 feet                  +710  City of Opelika.
                                          upstream of Gateway
                                          Drive.
                                         Approximately 68 feet                   +753
                                          upstream of Fruitland
                                          Avenue.
Pepperell Creek Tributary 4............  At the confluence with                  +707  City of Opelika.
                                          Pepperell Creek.

                                         Approximately 2,554 feet                +753
                                          upstream of U.S. Route
                                          280.
Pepperell Creek Tributary 7............  At the confluence with                  +723  City of Opelika.
                                          Pepperell Creek.
                                         Approximately 742 feet                  +740
                                          upstream of South Long
                                          Street.
Pepperell Creek Tributary 8............  At the confluence with                  +726  City of Opelika.
                                          Pepperell Creek.
                                         Approximately 158 feet                  +740
                                          upstream of Hurst Street.
Robinson Creek.........................  At the confluence with                  +557  Unincorporated Areas of
                                          Chewacla Creek.                               Lee County.
                                         Approximately 2.6 miles                 +618
                                          upstream of Moores Mill
                                          Road.
Rocky Creek............................  Approximately 1,370 feet                +717  City of Opelika.
                                          downstream of India Road.
                                         Approximately 279 feet                  +752
                                          upstream of Rocky Brook
                                          Road.
Rocky Creek Tributary 6................  At the confluence with                  +683  City of Opelika.
                                          Rocky Creek.
                                         Approximately 271 feet                  +720
                                          upstream of Bonita
                                          Avenue.
Rocky Creek Tributary 7................  At the confluence with                  +696  City of Opelika.
                                          Rocky Creek.
                                         Approximately 146 feet                  +776
                                          upstream of Preston
                                          Street.
Rocky Creek Tributary 9................  At the confluence with                  +719  City of Opelika.
                                          Rocky Creek.
                                         Approximately 1,246 feet                +734
                                          upstream of the
                                          confluence with Rocky
                                          Creek.
Saugahatchee Creek 34.4................  At the confluence with                  +589  City of Auburn.
                                          Saugahatchee Creek
                                          Tributary 34.
                                         Approximately 3,190 feet                +641
                                          upstream of Willow Creek
                                          Road.
Saugahatchee Creek 34.5................  At the confluence with                  +590  City of Auburn,
                                          Saugahatchee Creek                            Unincorporated Areas of
                                          Tributary 34.                                 Lee County.
                                         Approximately 5,000 feet                +658
                                          upstream of the
                                          confluence with
                                          Saugahatchee Creek
                                          Tributary 34.
Saugahatchee Creek 34.5.2..............  At the confluence with                  +599  City of Auburn.
                                          Saugahatchee Creek
                                          Tributary 34.5.
                                         Approximately 2,000 feet                +621
                                          upstream of the
                                          confluence with
                                          Saugahatchee Creek
                                          Tributary 34.5.
Saugahatchee Creek 34.7................  At the confluence with                  +642  City of Auburn.
                                          Saugahatchee Creek
                                          Tributary 34.
                                         Approximately 1,115 feet                +669
                                          upstream of Martin
                                          Luther King Drive.
Saugahatchee Creek Tributary 18........  At the confluence with                  +613  City of Opelika,
                                          Saugahatchee Creek.                           Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 711 feet                  +721
                                          upstream of the railroad.
Saugahatchee Creek Tributary 29........  At the confluence with                  +571  City of Auburn,
                                          Saugahatchee Creek.                           Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 3,331 feet                +642
                                          upstream of the
                                          confluence with
                                          Saugahatchee Creek.
Saugahatchee Creek Tributary 34........  At the confluence with                  +553  City of Auburn,
                                          Saugahatchee Creek.                           Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 1.7 miles                 +688
                                          upstream of the
                                          confluence with
                                          Saugahatchee Creek.
Saugahatchee Creek Tributary 34.3......  At the confluence with                  +568  City of Auburn,
                                          Saugahatchee Creek                            Unincorporated Areas of
                                          Tributary 34.                                 Lee County.
                                         Approximately 3,949 feet                +614
                                          upstream of the
                                          confluence with
                                          Saugahatchee Creek
                                          Tributary 34.
Saugahatchee Creek Tributary 44........  At the confluence with                  +540  Unincorporated Areas of
                                          Saugahatchee Creek.                           Lee County.
                                         Approximately 9,127 feet                +573
                                          upstream of the
                                          confluence with
                                          Saugahatchee Creek.
Town Creek.............................  At the confluence with                  +401  City of Auburn,
                                          Chewacla Creek.                               Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 796 feet                  +601
                                          upstream of Thach Avenue.
Town Creek Tributary 1.................  At the confluence with                  +460  City of Auburn,
                                          Town Creek.                                   Unincorporated Areas of
                                                                                Lee County.
                                         Approximately 602 feet                  +589
                                          upstream of Donahue
                                          Drive.
Town Creek Tributary 2.................  At the confluence with                  +512  City of Auburn.
                                          Town Creek.
                                         Approximately 1,319 feet                +540
                                          upstream of Janabrooke
                                          Lane.
Town Creek Tributary 3.................  At the confluence with                  +584  City of Auburn.
                                          Town Creek.
                                         Approximately 112 feet                  +614
                                          upstream of East
                                          University Drive.
Town Creek Tributary 4.................  At the confluence with                  +590  City of Auburn.
                                          Town Creek.

                                         Approximately 404 feet                  +654
                                          upstream of College
                                          Street.
Town Creek Tributary 6.................  At the confluence with                  +631  City of Auburn.
                                          Town Creek.
                                         Approximately 331 feet                  +656
                                          upstream of Thach Avenue.
Unnamed Tributary 1....................  Approximately 52 feet                   +376  Unincorporated Areas of
                                          upstream of the Lee                           Lee County.
                                          County boundary.
                                         Approximately 976 feet                  +400
                                          upstream of the Lee
                                          County boundary.
Unnamed Tributary 2....................  Approximately 120 feet                  +372  Unincorporated Areas of
                                          upstream of the Lee                           Lee County.
                                          County boundary.
                                         Approximately 1,500 feet                +384
                                          upstream of the Lee
                                          County boundary.
Webb Branch............................  At the confluence with                  +594  Unincorporated Areas of
                                          Loblockee Creek.                              Lee County.
                                         Approximately 2.7 miles                 +655
                                          upstream of Farmville
                                          Road.
Webb Branch Tributary 3................  At the confluence with                  +599  Unincorporated Areas of
                                          Webb Branch.                                  Lee County.
                                         Approximately 2,340 feet                +606
                                          upstream of the
                                          confluence with Webb
                                          Branch.
Webb Branch Tributary 4................  At the confluence with                  +611  Unincorporated Areas of
                                          Webb Branch.                                  Lee County.
                                         Approximately 2,461 feet                +624
                                          upstream of the
                                          confluence with Webb
                                          Branch.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Auburn
Maps are available for inspection at 144 Tichenor Avenue, Suite 1, Auburn, AL 36830.

City of Opelika
Maps are available for inspection at the Planning Department, 700 Fox Trail, Opelika, AL 36803.

                                       Unincorporated Areas of Lee County
Maps are available for inspection at 909 Avenue A, Opelika, AL 36801.
----------------------------------------------------------------------------------------------------------------
                                 Hardin County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1134
----------------------------------------------------------------------------------------------------------------
Beaver Creek...........................  Approximately 1.58 miles                +366  Unincorporated Areas of
                                          upstream of IL-1.                             Hardin County.
                                         Approximately 1.92 miles                +366
                                          upstream of IL-1.
Ohio River.............................  Approximately 1.34 miles                +356  City of Rosiclare,
                                          downstream of Ferry Road                      Unincorporated Areas of
                                          extended (River Mile                          Hardin County, Village
                                          894).                                         of Elizabethtown.
                                         Approximately 1.97 miles                +359
                                          upstream of Main Street
                                          extended (River Mile
                                          887).
Unnamed Tributary to Beaver Creek        Approximately 1,500 feet                +366  Unincorporated Areas of
 (East).                                  upstream of the                               Hardin County.
                                          confluence with Beaver
                                          Creek.
                                         Approximately 0.69 mile                 +366
                                          upstream of the
                                          confluence with Beaver
                                          Creek.
Unnamed Tributary to Beaver Creek        Approximately 1,500 feet                +366  Unincorporated Areas of
 (West).                                  upstream of the                               Hardin County.
                                          confluence with Beaver
                                          Creek.
                                         Approximately 0.99 mile                 +366
                                          upstream of the
                                          confluence with Beaver
                                          Creek.
Unnamed Tributary to Saline River......  Approximately 1,800 feet                +366  Unincorporated Areas of
                                          upstream of the                               Hardin County.
                                          confluence with the
                                          Saline River.
                                         Approximately 2,000 feet                +366
                                          upstream of the
                                          confluence with the
                                          Saline River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Rosiclare
Maps are available for inspection at City Hall, Main Street, Rosiclare, IL 62982.

                                      Unincorporated Areas of Hardin County
Maps are available for inspection at the Hardin County Courthouse, 203 North Main Street, Elizabethtown, IL
 62931.

Village of Elizabethtown
Maps are available for inspection at the Village Hall, 1 Locust Street, Elizabethtown, IL 62931.
----------------------------------------------------------------------------------------------------------------
                               McCracken County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1144
----------------------------------------------------------------------------------------------------------------
Arnold Branch (backwater effects from    From the confluence with                +341  Unincorporated Areas of
 Ohio River).                             Blizzards Ponds Drainage                      McCracken County.
                                          Ditch to approximately
                                          0.7 mile upstream of the
                                          Blizzards Ponds Drainage
                                          Canal.
Bayou Creek (backwater effects from      From the confluence with                +336  Unincorporated Areas of
 Ohio River).                             the Ohio River to                             McCracken County.
                                          approximately 1.0 mile
                                          downstream of Ogden
                                          Landing Road.
Blizzards Ponds Drainage Canal           From the confluence with                +341  Unincorporated Areas of
 (backwater effects from Ohio River).     West Fork Clarks River                        McCracken County.
                                          to approximately 275
                                          feet upstream of Husband
                                          Road.
Camp Creek (backwater effects from Ohio  From the confluence with                +341  Unincorporated Areas of
 River).                                  West Fork Clarks River                        McCracken County.
                                          to approximately 0.5
                                          mile downstream of KY-
                                          348.
Clarks River (backwater effects from     From the confluence with                +341  Unincorporated Areas of
 Ohio River).                             the Ohio River to                             McCracken County.
                                          approximately 0.7 mile
                                          upstream of KY-787.
Crooked Creek..........................  At the confluence with                  +363  Unincorporated Areas of
                                          Perkins Creek.                                McCracken County.
                                         Approximately 400 feet                  +402
                                          upstream of U.S. Route
                                          62.
Cross Creek............................  Just upstream of the                    +331  Unincorporated Areas of
                                          Illinois Central                              McCracken County.
                                          Railroad Yard.
                                         Approximately 345 feet                  +341
                                          upstream of South 24th
                                          Street.
Deer Lick Creek (backwater effects from  From the confluence with                +336  Unincorporated Areas of
 Ohio River).                             the Ohio River to                             McCracken County.
                                          approximately 2.9 miles
                                          upstream of the
                                          confluence with the Ohio
                                          River.
Horse Branch (backwater effects from     From the confluence with                +341  Unincorporated Areas of
 Ohio River).                             the Clarks River to                           McCracken County.
                                          approximately 85 feet
                                          downstream of Georgia
                                          Street South.
Island Creek Tributary 6.1 (backwater    From the confluence with                +336  Unincorporated Areas of
 effects from Island Creek).              Island Creek to                               McCracken County.
                                          approximately 800 feet
                                          downstream of I-24.
Little Bayou Creek (backwater effects    From the confluence with                +336  Unincorporated Areas of
 from Ohio River).                        Bayou Creek to                                McCracken County.
                                          approximately 2.3 miles
                                          downstream of Ogden
                                          Landing Road.
Little Massac Creek (backwater effects   From the confluence with                +378  Unincorporated Areas of
 from West Fork Massac Creek).            West Fork Massac Creek                        McCracken County.
                                          to approximately 1,000
                                          feet upstream of the
                                          confluence with West
                                          Fork Massac Creek.
Middle Fork Massac Creek...............  Approximately 1,800 feet                +352  City of Paducah,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Massac                        McCracken County.
                                          Creek.
                                         Approximately 1,700 feet                +354
                                          upstream of McCracken
                                          Boulevard.
Nasty Creek (backwater effects from      From the confluence with                +335  Unincorporated Areas of
 Ohio River).                             Newtons Creek I to                            McCracken County.
                                          approximately 0.6 mile
                                          upstream of Grief Road.
Newtons Creek I (backwater effects from  From the confluence with                +335  Unincorporated Areas of
 Ohio River).                             the Ohio River to                             McCracken County.
                                          approximately 0.7 mile
                                          upstream of Grief Road.
Ohio River.............................  Approximately 1,700 feet                +334  City of Paducah,
                                          downstream of the                             Unincorporated Areas of
                                          confluence with Redstone                      McCracken County.
                                          Creek.
                                         Approximately 2.0 miles                 +340
                                          upstream of the
                                          confluence with the
                                          Tennessee River.
Perkins Creek..........................  At the confluence with                  +339  City of Paducah,
                                          the Ohio River.                               Unincorporated Areas of
                                                                                McCracken County.
                                         Approximately 0.5 mile                  +399
                                          upstream of Blandville
                                          Road.
Perkins Creek Tributary 4 (backwater     From the confluence with                +339  City of Paducah,
 effects from Ohio River).                Perkins Creek to                              Unincorporated Areas of
                                          approximately 80 feet                         McCracken County.
                                          downstream of U.S. Route
                                          60.
Redstone Creek (backwater effects from   From the confluence with                +335  Unincorporated Areas of
 Ohio River).                             Redstone Creek Tributary                      McCracken County.
                                          5 to approximately 0.6
                                          mile upstream of the
                                          confluence with Redstone
                                          Creek Tributary 5.
Redstone Creek Tributary 5 (backwater    From the confluence with                +335  Unincorporated Areas of
 effects from Ohio River).                Redstone Creek to                             McCracken County.
                                          approximately 0.5 mile
                                          upstream of the
                                          confluence with Redstone
                                          Creek.

Tennessee River........................  At the confluence with                  +340  City of Paducah,
                                          the Ohio River.                               Unincorporated Areas of
                                                                                McCracken County.
                                         Approximately 3.0 miles                 +341
                                          upstream of U.S. Route
                                          60.
West Fork Clarks River (backwater        From the confluence with                +341  Unincorporated Areas of
 effects from Ohio River).                Clarks River to                               McCracken County.
                                          approximately 3.7 miles
                                          upstream of the
                                          confluence with Camp
                                          Creek at the county
                                          boundary.
West Fork Massac Creek (backwater        From the confluence with                +338  Unincorporated Areas of
 effects from Ohio River).                Massac Creek to                               McCracken County.
                                          approximately 2,000 feet
                                          upstream of Wilmington
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of Paducah
Maps are available for inspection at City Hall, 300 South 5th Street, Paducah, KY 42002.

                                    Unincorporated Areas of McCracken County
Maps are available for inspection at the McCracken County Courthouse, 301 South 6th Street, Paducah, KY 42003.
----------------------------------------------------------------------------------------------------------------
                               Clearfield County, Pennsylvania (All Jurisdictions)
                                             Docket No.: FEMA-B-1100
----------------------------------------------------------------------------------------------------------------
Clear Run..............................  Approximately 580 feet                 +1405  City of DuBois.
                                          upstream of U.S. Route
                                          219.
                                         Approximately 220 feet                 +1420
                                          upstream of Juniata
                                          Street.
Laurel Run No. 1.......................  Approximately 2,690 feet               +1467  Township of Boggs.
                                          downstream of the
                                          confluence with Laurel
                                          Run Tributary A.
                                         Approximately 2,625 feet               +1467
                                          downstream of the
                                          confluence with Laurel
                                          Run Tributary A.
Pentz Run..............................  Approximately 435 feet                 +1409  Township of Sandy.
                                          downstream of U.S. Route
                                          219.
                                         Approximately 360 feet                 +1410
                                          downstream of U.S. Route
                                          219.
Pentz Run Tributary....................  Approximately 195 feet                 +1410  Township of Sandy.
                                          upstream of the
                                          confluence with Pentz
                                          Run.
                                         Approximately 125 feet                 +1412
                                          downstream of Forest
                                          Avenue.
West Branch Susquehanna River..........  Approximately 4,485 feet               +1323  Township of Burnside.
                                          downstream of U.S. Route
                                          219.
                                         Approximately 2,275 feet               +1325
                                          downstream of U.S. Route
                                          219.
                                         Approximately 1,910 feet               +1332
                                          downstream of the
                                          confluence with Rock Run
                                          No. 2.
                                         Approximately 1,475 feet               +1333
                                          downstream of the
                                          confluence with Rock Run
                                          No. 2.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
City of DuBois
Maps are available for inspection at 16 West Scribner Avenue, DuBois, PA 15801.

Township of Boggs
Maps are available for inspection at 150 Blue Ball Road, West Decatur, PA 16878.

Township of Burnside
Maps are available for inspection at 2447 Ridge Road, Westover, PA 16692.

Township of Sandy
Maps are available for inspection at 1094 Chestnut Avenue, DuBois, PA 15801.
----------------------------------------------------------------------------------------------------------------

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

    Dated: October 17, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-28538 Filed 11-2-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19195-19196]
[FR Doc No: 2018-09323]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2017- 0712; FRL-9977-55--Region 2]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; United States Virgin Islands; Commercial and
Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the Clean Air Act (CAA) section 111(d)/129 negative declaration for the
United States Virgin Islands, for Commercial and Industrial Solid Waste
Incineration (CISWI) units. This negative declaration certifies that
CISWI units subject to sections 111(d) and 129 of the CAA do not exist
within the jurisdiction of the United States Virgin Islands. The EPA is
accepting the negative declaration in accordance with the requirements
of the CAA.

DATES: Comments must be received on or before June 1, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2017-0712, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make.
    The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental
Protection Agency, Air Programs Branch, 290 Broadway, New York, New
York 10007-1866 at<PHONE_NUMBER> or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to the EPA. This section provides additional information
by addressing the following:

I. Background
II. Analysis of State Submittal
III. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA) requires that state \1\ regulatory agencies
implement the emission guidelines and compliance times using a state
plan developed under sections 111(d) and 129 of the CAA.
---------------------------------------------------------------------------

    \1\ Section 302(d) of the CAA includes the United States Virgin
Islands in the definition of the term ``State.''
---------------------------------------------------------------------------

    The general provisions for the submittal and approval of state
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62,
subpart A. Section 111(d) establishes general requirements and
procedures on state plan submittals for the control of designated
pollutants. Section 129 requires emission guidelines to be promulgated
for all categories of solid waste incineration units, including
commercial and industrial solid waste incineration (CISWI) units. A
CISWI unit is defined, in general, as ``any distinct operating unit of
any commercial or industrial facility that combusts, or has combusted
in the preceding 6 months, any solid waste as that term is defined at
40 CFR 241.'' See 40 CFR 60.2875. Section 129 mandates that all plan
requirements be at least as protective as the promulgated emission
guidelines. This includes fixed final compliance dates, fixed
compliance schedules, and Title V permitting requirements for all
affected sources. Section 129 also requires that state plans be
submitted to EPA within one year after EPA's promulgation of the
emission guidelines and compliance times.
    States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d) and 129. If a state
does not have any existing CISWI units for the relevant emission
guidelines, a letter can be submitted certifying that no such units
exist within the state (i.e., negative declaration) in lieu of a state
plan. The negative declaration exempts the state from the requirements
of subpart B that would otherwise require the submittal of a CAA
section 111(d)/129 plan.
    On March 21, 2011 (76 FR 15704), the EPA established emission
guidelines and compliance times for existing

CISWI units (New Source Performance Standards (NSPS) and Emission
Guidelines (EG)). The emission guidelines and compliance times are
codified at 40 CFR 60, Subpart DDDD. Following promulgation of the 2011
CISWI rule, EPA received petitions for reconsideration requesting to
reconsider numerous provisions in the 2011 CISWI rule. EPA granted
reconsiderations on specific issues and promulgated a CISWI
reconsideration rule on February 7, 2013. 78 FR 9112. EPA again
received petitions to further reconsider certain provisions of the 2013
NSPS and EG for CISWI units. On January 21, 2015 EPA granted
reconsideration of four specific issues and finalized reconsideration
of the CISWI NSPS and EG on June 23, 2016 (81 FR 40956).
    In order to fulfill obligations under CAA sections 111(d) and 129,
the Department of Planning and Natural Resources of the Government of
the United States Virgin Islands submitted a negative declaration
letter to the EPA on August 17, 2016. The submittal of this declaration
exempts the United States Virgin Islands from the requirement to submit
a state plan for existing CISWI units.

II. Analysis of State Submittal

    In this proposed rule the EPA proposes to amend 40 CFR part 62 to
reflect receipt of the negative declaration letter from the United
States Virgin Islands, certifying that there are no existing CISWI
units subject to 40 CFR part 60, subpart DDDD, in accordance with
section 111(d) of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the Act and
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing
111(d)/129 plan submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA.
    Accordingly, this action, if finalized, would merely approve state
law as meeting Federal requirements and would not impose additional
requirements beyond those imposed by state law.
    For that reason, this action, if finalized:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993); and 13563 (76 FR 3821, January
21, 2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant 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, this proposed approval does not have tribal
implications as specified by Executive Order 13175 because the United
States Virgin Islands' section 111(d)/129 submittal is not approved to
apply in Indian country located in the in the United States Virgin
Islands and, if finalized, would not impose substantial direct costs on
tribal governments or preempt tribal law. Thus, Executive Order 13175
does not apply to this proposed approval.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Commercial and industrial solid waste
incineration units, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: April 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-09323 Filed 5-1-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69023-69025]
[FR Doc No: 2023-22144]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1499; Project Identifier MCAI-2023-00458-T;
Amendment 39-22565; AD 2023-20-06]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A330-202, A330-203, A330-223, A330-243, and
A330-841 airplanes. This AD was prompted by a determination that the
cold working process was partially completed on a certain
circumferential joint. This AD requires modification of the
circumferential joint, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 9,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1499; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1499.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A330-202, A330-203, A330-223, A330-243, and A330-841 airplanes.
The NPRM published in the Federal Register on July 20, 2023 (88 FR
46697). The NPRM was prompted by AD 2023-0054, dated March 14, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0054) (also referred to as the MCAI).
The MCAI states that the cold working process was partially completed
on the circumferential joint at frame 58.
    In the NPRM, the FAA proposed to require modification of the
circumferential joint, as specified in EASA AD 2023-0054. The NPRM also
proposed to require contacting the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval
for instructions if any discrepancy is found during accomplishment of
any inspection that is part of the modification. The FAA is issuing
this AD to address a partially completed cold working process on the
circumferential joint at frame 58, which could affect the structural
integrity of the airplane and result in catastrophic failure.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1499.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change, and an
individual whose comments are unrelated to the unsafe condition
identified in the NPRM.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data,
considered the comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
minor editorial changes, this AD is adopted as proposed in the NPRM.
None of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0054 specifies procedures for modifying the
circumferential joint at frame 58. Modification includes accomplishing
rotating probe inspections of the fastener holes for cracks, cold
working the fastener holes, and measuring the maximum hole diameter.
EASA AD 2023-0054 also specifies contacting the manufacturer for
instructions if any discrepancy (i.e., any crack or any existing hole
diameter that is more than or equal to the minimum starting hole
diameter) is found during any inspection.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per  product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 86 work-hours x $85 per hour =               $500   Up to $7,810..............  Up to $7,810.
 $7,310.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimate for the on-condition actions specified in this AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-20-06 Airbus SAS: Amendment 39-22565; Docket No. FAA-2023-1499;
Project Identifier MCAI-2023-00458-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A330-202, A330-203, A330-
223, A330-243, and A330-841 airplanes, certificated in any category,
manufacturer serial numbers 1780, 1782, 1784, 1785, 1805, 1823,
1835, 1845, 1847, 1854, 1859, 1864, 1872, 1877, 1878, 1882, 1888,
1932, 1936, 1964, and 1969.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that the cold working
process was partially performed on the circumferential joint at
frame 58. The FAA is issuing this AD to address a partially
completed cold working process on the circumferential joint at frame
58. The unsafe condition, if not addressed, could affect the
structural integrity of the airplane and result in catastrophic
failure.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0054, dated March 14, 2023 (EASA AD 2023-0054).

(h) Exceptions to EASA AD 2023-0054

    (1) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0054.
    (2) Where paragraph (2) of EASA AD 2023-0054 specifies
contacting Airbus before further flight for approved instructions if
any discrepancy is detected during accomplishment of any inspection
that is part of the modification, this AD requires repairing the
discrepancy before further flight using a method approved by the
Manager, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Where paragraph (3) of EASA AD 2023-0054 refers to its
effective date, this AD requires using the effective date of this
AD.
    (4) Where Note 2 of EASA AD 2023-0054 specifies Airbus Operators
Information Telex (OIT) 999.0086/11 can be used to determine whether
an airplane is operated short range (SR) or long range (LR), this AD
requires using the following definitions: the term ``short range''
applies to an airplane with an average flight time lower than 1.5
flight hours per flight cycle, and the term ``long range'' applies
to an airplane with an average flight time equal to or higher than
1.5 flight hours per flight cycle. For determining the SR and LR
airplanes, the average flight time is the

total accumulated flight hours, counted from takeoff to touchdown,
divided by the total accumulated flight cycles at the effective date
of this AD.

(i) Additional AD Provisions

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

(j) Additional Information

    For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0054,
dated March 14, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0054, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22144 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


Name:           GONZALEZ NILDA
Organization:   DEPARTMENT OF LABOR-PUERTO RICO -STATE OSHA
Date:           20050928
Address1:       505 MUNOZ RIVERA AVE FLOOR 20
Address2:
City:           HATO REY
Country:        PUERTO RICO- USA
State:          NY
Zip Code:       00925
Docket Number:  H023
Exhibit Number: 3-14
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Notice of a section 610 review; request for comments.

The Occupational Safety and Health Administration (OSHA) is conducting a review of the lead in construction standard under section 610 of the Regulatory Flexibility Act and section 5 of Executive Order 12866 on Regulatory Planning and Review. In 1993, in response to a statutory mandate to adopt a standard to protect construction workers from lead exposures, OSHA promulgated a standard that requires testing of construction sites for lead exposures, provisions to protect workers from exposure where lead is present, and medical monitoring of exposed workers.  The purpose of this review is to determine whether there are ways to modify this standard to make implementation more practical, to reduce regulatory burden on small business, and to improve its effectiveness, while still protecting worker health. OSHA solicits comments from the public on these and other relevant issues.

If you would like to submit an online comment in response to this notice,  please enter the information below.  Online submissions must be received by 11:59 pm, ET, November 7, 2005 [Extended from September 6, See FR 70:50996-50997.]  Note that you can also upload comments and any supporting materials as electronic document files on this Web site.

Thank you for your interest in occupational safety and health.

The Puerto Rico Occupational Safety and Health Administration (PR OSHA-State Plan)has conducted lead removal inspections in housings projects. The compliance officers(CSHO's) found that the employers involved in the lead removal operation was in compliance with HUD PARAMETERS. They found that the pertinent medical examinations, fitting tests for respirators, and air sampling monitoring were conducted.

We recommend that the empoyer who will perform the lead removal operation shall submit to the pertinent OSHA or State OSHA with jurisdiction, an abatement removal written plan, to be evaluated by OSHA COMPLIANCE staff, and notify the date on which the project will commence, so that the OSHA personnel can evaluate and verify if the employer complies with the lead regulation(1926.62). If through the evaluation of the plan, OSHA finds that it is not in compliance, then a letter is sent to the employer with the appropriate recommendations, and a compliance inspection will be scheduled.

Cordially,
Nilda Gonzalez
Technical Support Director
1-787-754-2171