[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Rules and Regulations]
[Pages 35111-35119]
[FR Doc No: 2011-14896]

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

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.

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

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 (e-mail<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:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                     feet  (NGVD)  +
                                                                    Elevation in feet
                                                                      (NAVD)   Depth in feet
           Flooding source(s)                    elevation             above ground       Communities affected
                                                                    [caret] Elevation
                                                                      in meters (MSL)
                                                                         Modified

----------------------------------------------------------------------------------------------------------------
                                 Conway County, Arkansas, and Incorporated Areas
                                             Docket No.: FEMA-B-1087
----------------------------------------------------------------------------------------------------------------
Arkansas River.........................  Approximately 1.0 mile                  +295  Unincorporated Areas of
                                          downstream of State                           Conway County.
                                          Highway 9.
                                         Approximately 1.0 mile                  +303
                                          upstream of Lock & Dam
                                          No. 9.
Caney Creek............................  Approximately 1,300 feet                +306  Unincorporated Areas of
                                          downstream of the                             Conway County.
                                          confluence with Park
                                          Creek.
                                         Approximately 0.6 mile                  +325
                                          upstream of State
                                          Highway 9.
Cherokee Creek.........................  Just downstream of Union                +311  Unincorporated Areas of
                                          Pacific Railroad.                             Conway County.
                                         Just downstream of Green                +319
                                          Lane.
Point Remove Creek.....................  At the confluence with                  +299  Unincorporated Areas of
                                          the Arkansas River.                           Conway County.
                                         Approximately 2.0 miles                 +301
                                          upstream of Old Cherokee
                                          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

                                      Unincorporated Areas of Conway County
Maps are available for inspection at 117 South Moose Street, Morrilton, AR 72110.
----------------------------------------------------------------------------------------------------------------
                               Washington County, Florida, and Incorporated Areas
                                             Docket No.: FEMA-B-1097
----------------------------------------------------------------------------------------------------------------
Alligator Creek........................  At the upstream side of                  +76  Unincorporated Areas of
                                          County Road 166.                              Washington County.
                                         Approximately 3.2 miles                  +81
                                          upstream of County Road
                                          166.
Bear Bay Creek.........................  At the confluence with                   +44  Unincorporated Areas of
                                          Pine Log Creek.                               Washington County.
                                         Approximately 3.9 miles                  +76
                                          upstream of the
                                          confluence with Pine Log
                                          Creek.
Botheration Creek......................  At the confluence with                   +32  Unincorporated Areas of
                                          Pine Log Creek.                               Washington County.
                                         Approximately 200 feet                   +90
                                          downstream of the county
                                          boundary.
Brock Mill Branch......................  At the confluence with                   +54  Unincorporated Areas of
                                          Jones Rice Mill Branch.                       Washington County.
                                         Approximately 100 feet                  +109
                                          downstream of State Road
                                          77.
Flat Creek.............................  At the confluence with                   +50  Unincorporated Areas of
                                          Hard Labor Creek.                             Washington County.
                                         Approximately 9.7 miles                 +160
                                          upstream of the
                                          confluence with Hard
                                          Labor Creek.
Hard Labor Creek.......................  At State Road 277........                +43  Unincorporated Areas of
                                                                                Washington County.
                                         Approximately 15.6 miles                +114
                                          upstream of the
                                          confluence with Holmes
                                          Creek.
Helms Branch...........................  At the confluence with                   +78  City of Chipley,
                                          Alligator Creek.                              Unincorporated Areas of
                                                                                Washington County.
                                         Approximately 3.2 miles                  +89
                                          upstream of the
                                          confluence with
                                          Alligator Creek.
Johnson Branch.........................  At Roche Avenue..........                +37  City of Vernon,
                                                                                Unincorporated Areas of
                                                                                Washington County.
                                         Approximately 3.8 miles                 +101
                                          upstream of the
                                          confluence with Holmes
                                          Creek.
Jones Rice Mill Branch.................  At the upstream side of                  +54  Unincorporated Areas of
                                          State Road 277.                               Washington County.
                                         Approximately 5.9 miles                 +146
                                          upstream of the
                                          confluence with Holmes
                                          Creek.
Pine Log Creek.........................  Approximately 1.9 miles                  +21  Town of Ebro,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with the East                      Washington County.
                                          River.
                                         At the confluence with                   +44
                                          Bear Bay Creek.

Piney Branch...........................  At State Road 77.........                +40  Unincorporated Areas of
                                                                                Washington County.
                                         Approximately 6.6 miles                 +193
                                          upstream of the
                                          confluence with Holmes
                                          Creek.
Pippen Mill Creek......................  At Roche Avenue..........                +37  City of Vernon,
                                                                                Unincorporated Areas of
                                                                                Washington County.
                                         Approximately 5.4 miles                  +95
                                          upstream of the
                                          confluence with Holmes
                                          Creek.
Reedy Creek............................  At the confluence with                   +59  Town of Wausau,
                                          Hard Labor Creek.                             Unincorporated Areas of
                                                                                Washington County.
                                         Approximately 3.8 miles                 +105
                                          upstream of the
                                          confluence with Hard
                                          Labor Creek.
Unnamed Tributary 1 to Alligator Creek.  Approximately 765 feet                   +68  Unincorporated Areas of
                                          upstream of State Road                        Washington County.
                                          277.
                                         Approximately 1.4 miles                 +121
                                          upstream of State Road
                                          277.
Unnamed Tributary 2 to Alligator Creek.  Approximately 0.4 mile                   +72  City of Chipley,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with                               Washington County.
                                          Alligator Creek.
                                         Approximately 2.2 miles                 +111
                                          upstream of the
                                          confluence with
                                          Alligator Creek.
Unnamed Tributary 3 to Alligator Creek.  At the confluence with                   +76  City of Chipley,
                                          Alligator Creek.                              Unincorporated Areas of
                                                                                Washington County.
                                         Approximately 2 miles                   +102
                                          upstream of the
                                          confluence with
                                          Alligator Creek.
Unnamed Tributary to Helms Branch......  Approximately 300 feet                  +117  City of Chipley,
                                          downstream of Brickyard                       Unincorporated Areas of
                                          Road.                                         Washington County.
                                         Approximately 0.6 mile                  +131
                                          upstream of Brickyard
                                          Road.
Unnamed Tributary to Holmes Creek......  Approximately 0.4 mile                   +36  City of Vernon,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Holmes                        Washington County.
                                          Creek.
                                         Approximately 2.2 miles                  +52
                                          upstream of the
                                          confluence with Holmes
                                          Creek.
Unnamed Tributary to Holmes Creek East   At the confluence with                   +42  City of Vernon,
 Branch.                                  Unnamed Tributary to                          Unincorporated Areas of
                                          Holmes Creek.                                 Washington County.
                                         Approximately 1.3 miles                  +55
                                          upstream of the
                                          confluence with Unnamed
                                          Tributary to Holmes
                                          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
City of Chipley
Maps are available for inspection at City Hall, 1442 Jackson Avenue, Chipley, FL 32428.

City of Vernon
Maps are available for inspection at 2808 Yellow Jacket Drive, Vernon, FL 32462.

Town of Ebro
Maps are available for inspection at the Town Hall, 6629 Dog Track Road, Ebro, FL 32437.

Town of Wausau
Maps are available for inspection at the Town Hall, 1607 2nd Avenue, Wausau, FL 32463.

                                    Unincorporated Areas of Washington County
Maps are available for inspection at the Washington County Clerk's Office, 1293 Jackson Avenue, Chipley, FL
 32428.
----------------------------------------------------------------------------------------------------------------
                                Delaware County, Indiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1064
----------------------------------------------------------------------------------------------------------------
Muncie Creek...........................  Just downstream of                      +939  City of Muncie,
                                          McCulloch Boulevard.                          Unincorporated Areas of
                                                                                Delaware County.
                                         Just downstream of                      +959
                                          Norfolk Southern
                                          Railroad.

West Fork White River..................  Approximately 2,200 feet                +873  City of Muncie, Town of
                                          downstream of I-69.                           Daleville, Town of
                                                                                Yorktown, Unincorporated
                                                                                Areas of Delaware
                                                                                County.
                                         Approximately 17,780 feet               +992
                                          upstream of County Road
                                          700.
----------------------------------------------------------------------------------------------------------------
* 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 Muncie
Maps are available for inspection at City Hall, 300 North High Street, Muncie, IN 47334.

Town of Daleville
Maps are available for inspection at the Town Hall, 8019 Walnut Street, Daleville, IN 47334.

Town of Yorktown
Maps are available for inspection at the Town Hall, 9800 West Smith Street, Yorktown, IN 47396.

                                     Unincorporated Areas of Delaware County
Maps are available for inspection at the Delaware County Building, 100 West Main Street, Muncie, IN 47305.
----------------------------------------------------------------------------------------------------------------
                                 Allen County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1078
----------------------------------------------------------------------------------------------------------------
Barren River Lake......................  Entire shoreline of                     +590  Unincorporated Areas of
                                          Barren River Lake from                        Allen County.
                                          just upstream of Barren
                                          River Dam to
                                          approximately 0.5 mile
                                          upstream of Brownsfield
                                          Road.
Barren River Tributary 20 (backwater     From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Barren River Lake to                          Allen County.
                                          approximately 0.8 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Barren River Tributary 23 (backwater     From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Barren River Lake to                          Allen County.
                                          approximately 0.4 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Barren River Tributary 26 (backwater     From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Barren River Lake to                          Allen County.
                                          approximately 1,900 feet
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Barren River Tributary 28 (backwater     From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Barren River Lake to                          Allen County.
                                          approximately 0.4 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Barren River Tributary 29 (backwater     From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Barren River Lake to                          Allen County.
                                          approximately 0.4 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Bear Creek (backwater effects from       From the confluence with                +590  Unincorporated Areas of
 Barren River Lake).                      Rhoden Creek Lake to                          Allen County.
                                          approximately 0.7 mile
                                          upstream of the
                                          confluence with Rhoden
                                          Creek.
Hurricane Creek (backwater effects from  From the confluence with                +590  Unincorporated Areas of
 Barren River Lake).                      Barren River Lake to                          Allen County.
                                          approximately 0.7 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Hurricane Creek Tributary 3 (backwater   From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Hurricane Creek to                            Allen County.
                                          approximately 1,000 feet
                                          upstream of the
                                          confluence with
                                          Hurricane Creek.
                                         From the confluence with                +590
                                          Barren River Lake to
                                          approximately 1,900 feet
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Hurricane Creek Tributary 4 (backwater   From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Barren River Lake to                          Allen County.
                                          approximately 0.4 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Manley Branch (backwater effects from    From the confluence with                +590  Unincorporated Areas of
 Barren River Lake).                      Barren River Lake to                          Allen County.
                                          approximately 1 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Manley Branch Tributary 3 (backwater     From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Barren River Lake to                          Allen County.
                                          approximately 0.8 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Rhoden Creek (backwater effects from     From the confluence with                +590  Unincorporated Areas of
 Barren River Lake).                      Barren River Lake to                          Allen County.
                                          approximately 1.4 miles
                                          upstream of the
                                          confluence with Barren
                                          River Lake.

Trace Creek (backwater effects from      From the confluence with                +590  Unincorporated Areas of
 Barren River Lake).                      Barren River Lake to                          Allen County.
                                          approximately 1 mile
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Walnut Creek (backwater effects from     From the confluence with                +590  Unincorporated Areas of
 Barren River Lake).                      Barren River Lake to                          Allen County.
                                          approximately 1.1 miles
                                          upstream of the
                                          confluence with Barren
                                          River Lake.
Walnut Creek Tributary 7 (backwater      From the confluence with                +590  Unincorporated Areas of
 effects from Barren River Lake).         Walnut Creek Lake to                          Allen County.
                                          approximately 1.1 miles
                                          upstream of the
                                          confluence with Walnut
                                          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 Allen County
Maps are available for inspection at 201 West Main Street, Scottsville, KY 42164.
----------------------------------------------------------------------------------------------------------------
                                 Boyle County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1117
----------------------------------------------------------------------------------------------------------------
Balls Branch (backwater effects from     From the confluence with                +875  Unincorporated Areas of
 Clarks Run).                             Clarks Run to                                 Boyle County.
                                          approximately 0.7 mile
                                          upstream of the
                                          confluence with Clarks
                                          Run.
Clarks Run.............................  Approximately 1.2 miles                 +849  City of Danville,
                                          upstream of Goggin Road.                      Unincorporated Areas of
                                                                                Boyle County.
                                         Approximately 0.6 mile                  +965
                                          downstream of Alum
                                          Springs Cross Pike.
Dix River Tributary 2 (backwater         From the confluence with                +760  Unincorporated Areas of
 effects from Herrington Lake).           Herrington Lake to                            Boyle County.
                                          approximately 1,158 feet
                                          upstream of the
                                          confluence with
                                          Herrington Lake.
Herrington Lake........................  Entire shoreline.........               +760  Unincorporated Areas of
                                                                                Boyle County.
Spears Creek...........................  Approximately 0.6 mile                  +788  City of Danville,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with                               Boyle County.
                                          Herrington Lake.
                                         Approximately 780 feet                  +919
                                          upstream of the North
                                          Danville Bypass.
----------------------------------------------------------------------------------------------------------------
* 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 Danville
Maps are available for inspection at City Hall, 455 West Main Street, Danville, KY 40422.

                                      Unincorporated Areas of Boyle County
Maps are available for inspection at the Boyle County Courthouse, 321 West Main Street, Danville, KY 40422.
----------------------------------------------------------------------------------------------------------------
                               St. James Parish, Louisiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1091
----------------------------------------------------------------------------------------------------------------
Mississippi River......................  Approximately 0.9 mile                   +27  Town of Gramercy, Town of
                                          downstream of State                           Lutcher, Unincorporated
                                          Highway 3213.                                 Areas of St. James
                                                                                Parish.
                                         Approximately 1.2 miles                  +28
                                          upstream of State
                                          Highway 3213.
Storage Areas from the Gulf (D2G model)  Approximately 1,079 feet                  +1  Unincorporated Areas of
                                          south of State Highway                        St. James Parish.
                                          643.
                                         Approximately 60 feet                    +14
                                          south of the
                                          intersection of Sidney
                                          Road and Missouri
                                          Pacific Railroad, along
                                          the east side of the
                                          rail line.
----------------------------------------------------------------------------------------------------------------
* 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
Town of Gramercy
Maps are available for inspection at 120 North Montz Avenue, Gramercy, LA 70052.

Town of Lutcher
Maps are available for inspection at 2500 Louisiana Avenue, Lutcher, LA 70071.

                                    Unincorporated Areas of St. James Parish
Maps are available for inspection at 5800 Highway 44, Convent, LA 70723.
----------------------------------------------------------------------------------------------------------------
                               Worcester County, Massachusetts (All Jurisdictions)
                                    Docket Nos.: FEMA-B-1053 and FEMA-B-1139
----------------------------------------------------------------------------------------------------------------
Big Bummet River.......................  Just downstream of State                +385  Town of Shrewsbury.
                                          Highway 140.
                                         At the Town of Grafton                  +385
                                          corporate limits.
Blackstone River.......................  Approximately 1,750 feet                +159  City of Worcester, Town
                                          downstream of Saint Paul                      of Blackstone, Town of
                                          Street.                                       Grafton, Town of
                                                                                Millbury, Town of
                                                                                Millville, Town of
                                                                                Northbridge, Town of
                                                                                Sutton, Town of
                                                                                Uxbridge.
                                         Approximately 250 feet                  +444
                                          downstream of Millbury
                                          Street.
Cold Spring Brook......................  At the confluence with                  +323  Town of Sutton.
                                          the Blackstone River.
                                         Approximately 150 feet                  +325
                                          downstream of State
                                          Highway 122A.
Cronin Brook...........................  At the confluence with                  +298  Town of Grafton.
                                          the Blackstone River.
                                         Approximately 1,100 feet                +302
                                          downstream of Follette
                                          Street.
Goodridge Brook........................  Approximately 150 feet                  +258  Town of Clinton.
                                          upstream of State
                                          Highway 70.
                                         Approximately 250 feet                  +258
                                          downstream of Parker
                                          Road.
Leesville Pond.........................  Entire shoreline.........               +486  City of Worcester.
Middle River...........................  Approximately 250 feet                  +444  City of Worcester.
                                          downstream of Millbury
                                          Street.
                                         Approximately 100 feet                  +452
                                          downstream of McKeon
                                          Road.
Mill River.............................  Approximately 3,900 feet                +196  Town of Blackstone.
                                          downstream of Colonial
                                          Drive.
                                         Approximately 1,300 feet                +198
                                          downstream of Colonial
                                          Drive.
Mumford River..........................  At the confluence with                  +225  Town of Uxbridge.
                                          the Blackstone River.
                                         Approximately 300 feet                  +226
                                          downstream of Mendon
                                          Street.
Quinsigamond River.....................  At the confluence with                  +293  Town of Grafton.
                                          the Blackstone River.
                                         At Pleasant Street.......               +293
Ramshorn Pond..........................  Entire shoreline.........               +632  Town of Sutton.
Riverdale Milles Sluice Gates and Tail   Approximately 600 feet                  +256  Town of Northbridge.
 Race.                                    upstream of the
                                          confluence with the
                                          Blackstone River.
                                         Approximately 100 feet                  +259
                                          upstream of Riverdale
                                          Street.
Singletary Brook.......................  At the confluence with                  +393  Town of Millbury.
                                          the Blackstone River.
                                         Approximately 300 feet                  +394
                                          downstream of Rhodes
                                          Street.
Singletary Pond........................  Entire shoreline.........               +559  Town of Sutton.
Sudbury River..........................  Approximately 1,200 feet                +264  Town of Westborough.
                                          downstream of Fruit
                                          Street.
                                         Approximately 3,000 feet                +276
                                          upstream of Fruit Street.
Summet Brook (backwater effects from     Approximately 2,800 feet                +363  Town of Shrewsbury.
 Big Bummet Brook).                       upstream of the
                                          confluence with Big
                                          Bummet Brook, at the
                                          corporate limits.
                                         Approximately 0.6 mile                  +363
                                          upstream of the
                                          confluence with Big
                                          Bummet Brook.
Unnamed Tributary (backwater effects     Approximately 1,100 feet                +331  Town of Millbury.
 from Cronin Brook).                      upstream of the
                                          confluence with Cronin
                                          Brook, at the corporate
                                          limits.
                                         Approximately 2,200 feet                +331
                                          upstream of the
                                          confluence with Cronin
                                          Brook.
West River.............................  At the confluence with                  +224  Town of Uxbridge.
                                          the Blackstone River.
                                         Approximately 200 feet                  +225
                                          upstream of Henry Street.
----------------------------------------------------------------------------------------------------------------
* 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 Worcester
Maps are available for inspection at City Hall, 455 Main Street, Worcester, MA 01608.

Town of Blackstone
Maps are available for inspection at the Town Hall, 15 Saint Paul Street, Blackstone, MA 01504.

Town of Clinton
Maps are available for inspection at the Town Hall, 242 Church Street, Clinton, MA 01510.

Town of Grafton
Maps are available for inspection at the Town Hall, 30 Providence Road, Grafton, MA 01519.

Town of Millbury
Maps are available for inspection at the Town Hall, 127 Elm Street, Millbury, MA 01527.

Town of Millville
Maps are available for inspection at the Town Hall, 8 Central Street, Millville, MA 01529.

Town of Northbridge
Maps are available for inspection at the Northbridge Town Hall, 7 Main Street, Whitinsville, MA 01588.

Town of Shrewsbury
Maps are available for inspection at the Town Hall, 100 Maple Avenue, Shrewsbury, MA 01545.

Town of Sutton
Maps are available for inspection at the Town Hall, 4 Uxbridge Road, Sutton, MA 01590.

Town of Uxbridge
Maps are available for inspection at the Town Hall, 21 South Main Street, Uxbridge, MA 01569.

Town of Westborough
Maps are available for inspection at the Town Hall, 34 West Main Street, Westborough, MA 01581.
----------------------------------------------------------------------------------------------------------------
                              Marshall County, Mississippi, and Incorporated Areas
                                             Docket No.: FEMA-B-1098
----------------------------------------------------------------------------------------------------------------
Byhalia Creek..........................  Approximately 200 feet                  +332  Town of Byhalia.
                                          downstream of U.S. Route
                                          178.
                                         Approximately 900 feet                  +334
                                          upstream of the railroad.
----------------------------------------------------------------------------------------------------------------
* 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
Town of Byhalia
Maps are available for inspection at 161 Highway 309 South, Byhalia, MS 38611.
----------------------------------------------------------------------------------------------------------------
                                 Howell County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1105
----------------------------------------------------------------------------------------------------------------
Burton Branch..........................  Approximately 2,200 feet               +1022  City of West Plains,
                                          upstream of Davis Lane.                       Unincorporated Areas of
                                                                                Howell County.
                                         Approximately 3,700 feet               +1031
                                          upstream of Davis Lane.
Drainage Ditch Number 1................  Approximately 315 feet                 +1255  Unincorporated Areas of
                                          upstream of the City of                       Howell County.
                                          Willow Springs corporate
                                          limits.
                                         Approximately 3,400 feet               +1279
                                          upstream of the City of
                                          Willow Springs corporate
                                          limits.
Drainage Ditch Number 4................  Approximately 1,300 feet               +1197  City of Willow Springs,
                                          upstream of U.S. Route                        Unincorporated Areas of
                                          60/63.                                        Howell County.
                                         Approximately 525 feet                 +1225
                                          upstream of County Road
                                          3280.
Eleven Point River.....................  Approximately 1,500 feet               +1183  City of Willow Springs,
                                          downstream of the City                        Unincorporated Areas of
                                          of Willow Springs                             Howell County.
                                          corporate limits.
                                         Approximately 425 feet                 +1289
                                          upstream of the City of
                                          Willow Springs corporate
                                          limits.
Jam Up Creek...........................  At County Road 3160......              +1098  Unincorporated Areas of
                                                                                Howell County.
                                         Approximately 100 feet                 +1099
                                          upstream of County Road
                                          3890.
Mustion Creek..........................  Approximately 330 feet                  +997  Unincorporated Areas of
                                          downstream of the City                        Howell County.
                                          of West Plains corporate
                                          limits.
                                         Approximately 160 feet                  +998
                                          downstream of the City
                                          of West Plains corporate
                                          limits.
South Fork Howell Creek................  Just upstream of                       +1025  Unincorporated Areas of
                                          Katherine Street.                             Howell County.
                                         Approximately 400 feet                 +1027
                                          upstream of Katherine
                                          Street.
----------------------------------------------------------------------------------------------------------------
* 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 West Plains
Maps are available for inspection at 1910 Holiday Lane, West Plains, MO 65775.

City of Willow Springs
Maps are available for inspection at 900 West Main Street, Willow Springs, MO 65793.

                                      Unincorporated Areas of Howell County
Maps are available for inspection at 101 Courthouse, West Plains, MO 65775.
----------------------------------------------------------------------------------------------------------------
                                Johnson County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1105
----------------------------------------------------------------------------------------------------------------
Clear Fork.............................  Approximately 550 feet                  +701  City of Knob Noster,
                                          downstream of County                          Unincorporated Areas of
                                          Road 751.                                     Johnson County.
                                         Approximately 1,750 feet                +724
                                          upstream of U.S. Route
                                          50.
Hughes Branch..........................  Approximately 550 feet                  +737  Unincorporated Areas of
                                          downstream of County                          Johnson County.
                                          Road 75.
                                         Approximately 100 feet                  +745
                                          upstream of State
                                          Highway 132.
                                         Approximately 200 feet                  +769
                                          upstream of State Street.
                                         Approximately 2,000 feet                +778
                                          upstream of State Street.
Tributary 2............................  Approximately 50 feet                   +749  Unincorporated Areas of
                                          downstream of State                           Johnson County.
                                          Highway 132.
                                         Approximately 300 feet                  +750
                                          upstream of State
                                          Highway 132.
----------------------------------------------------------------------------------------------------------------
* 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 Knob Noster
Maps are available for inspection at 218 North State Street, Knob Noster, MO 65336.

                                     Unincorporated Areas of Johnson County
Maps are available for inspection at 122 Hout Street, Warrensburg, MO 64093.
----------------------------------------------------------------------------------------------------------------
                             Ste. Genevieve County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1126
----------------------------------------------------------------------------------------------------------------
Mississippi River......................  At the easternmost                      +392  City of Ste. Genevieve,
                                          portion of the county                         Unincorporated Areas of
                                          near the confluence with                      Ste. Genevieve County.
                                          the Kaskaskia River.
                                         Approximately 2 miles                   +404
                                          upstream of the
                                          confluence with Isle du
                                          Bois Creek.
Old Mississippi River Channel..........  Approximately 0.66 mile                 +391  City of St. Mary,
                                          downstream of the                             Unincorporated Areas of
                                          confluence with Walnut                        Ste. Genevieve County.
                                          Creek.
                                         Approximately 2.75 miles                +392
                                          upstream of the
                                          confluence with Walnut
                                          Creek.
St. Laurent Branch.....................  At the confluence with                  +391  City of St. Mary,
                                          St. Laurent Creek.                            Unincorporated Areas of
                                                                                Ste. Genevieve County.
                                         Just upstream of Mulberry               +391
                                          Street.
St. Laurent Creek......................  At the confluence with                  +391  City of St. Mary,
                                          the Old Mississippi                           Unincorporated Areas of
                                          River Channel.                                Ste. Genevieve County.
                                         At the confluence with                  +391
                                          St. Laurent Branch.
Walnut Creek...........................  At the confluence with                  +392  City of St. Mary.
                                          the Old Mississippi
                                          River Channel.
                                         Approximately 1,940 feet                +392
                                          upstream of the Old
                                          Mississippi River
                                          Channel.
----------------------------------------------------------------------------------------------------------------
* 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 Ste. Genevieve
Maps are available for inspection at 165 South 4th Street, Ste. Genevieve, MO 63670.

City of St. Mary
Maps are available for inspection at 782 3rd Street, St. Mary, MO 63673.

                                  Unincorporated Areas of Ste. Genevieve County
Maps are available for inspection at 165 South 4th Street, Ste. Genevieve, MO 63670.
----------------------------------------------------------------------------------------------------------------
                                Cameron County, Pennsylvania (All Jurisdictions)
                                             Docket No.: FEMA-B-1126
----------------------------------------------------------------------------------------------------------------
Bennett Branch Sinnemahoning Creek.....  Approximately 0.60 mile                 +809  Township of Gibson.
                                          downstream of Sterling
                                          Run Road.
                                         Approximately 0.55 mile                 +814
                                          downstream of Sterling
                                          Run Road.
Driftwood Branch Sinnemahoning Creek...  Approximately 1,835 feet                +905  Township of Gibson.
                                          downstream of Castle
                                          Garden Road.
                                         Approximately 980 feet                  +905
                                          downstream of Castle
                                          Garden Road.
Driftwood Branch Sinnemahoning Creek...  Approximately 1.28 miles               +1000  Township of Portage.
                                          downstream of the
                                          confluence with
                                          Sinnemahoning Portage
                                          Creek.
                                         Approximately 1.18 miles               +1001
                                          downstream of the
                                          confluence with
                                          Sinnemahoning Portage
                                          Creek.
Sinnemahoning Creek....................  Approximately 980 feet                  +809  Township of Gibson.
                                          downstream of Castle
                                          Garden Road.
                                         Approximately 90 feet                   +809
                                          upstream of the
                                          confluence with Boyer
                                          Run.
----------------------------------------------------------------------------------------------------------------
* 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
Township of Gibson
Maps are available for inspection at the Gibson Township Municipal Building, 7657 Bridge Street, Driftwood, PA
 15834.

Township of Portage
Maps are available for inspection at the Portage Township Municipal Building, 523 Sizer Run, Emporium, PA 15832.
----------------------------------------------------------------------------------------------------------------

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

    Dated: June 9, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-14896 Filed 6-15-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23525-23527]
[FR Doc No: 2018-10033]

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

DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2018-0044]

Notice of Proposed Agency Information Collection Activities;
Agency Request To Modify Existing Information Collections: Railroad
Rehabilitation and Improvement Financing (RRIF) and Transportation
Infrastructure Financing and Innovation Act (TIFIA) Credit Programs

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act of 1995, the Department of Transportation (the Department) invites
public comments on a request to the Office of Management and Budget
(OMB) to approve modifications to two currently approved Information
Collection Requests (ICRs). As part of the modifications to the ICRs,
one ICR will be integrated into the other ICR. The modified and
integrated ICR will be used to allow entities to apply for Railroad
Rehabilitation and Improvement Financing (RRIF) and Transportation
Infrastructure Financing and Innovation Act (TIFIA) credit assistance
using a common set of forms, rather than having a separate set of forms
for each of RRIF and TIFIA. The new, integrated forms have also been
updated to reflect changes in law, streamlining of the credit programs,
and efficiencies in the application process adopted by the Department.
However, the general process of applying for credit assistance is not
changing; applications are still accepted on a rolling basis. The ICR
continues to be necessary for the Department to evaluate projects and
project sponsors for credit program eligibility and creditworthiness as
required by law.

DATES: We must receive your comments on or before July 20, 2018.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket No. DOT-OST-2018-0044. Interested persons are
invited to submit written comments on the proposed information
collection through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jenny Barket at [email protected]
or<PHONE_NUMBER>, or The Build America Bureau via email at
[email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0569.
    Title: Letter of Interest and Application Forms for the Railroad
Rehabilitation and Improvement Financing and Transportation
Infrastructure Financing and Innovation Act Credit Programs.
    Type of Review: Modification of existing information collections.
    Background: The RRIF credit program has its origins in Title V of
the Railroad

Revitalization and Regulatory Reform Act of 1976, 45 U.S.C. 821 et
seq., which authorized the Federal Railroad Administration to provide
railroads certain financial assistance. This Title V financing program
was replaced by the RRIF program under section 7203 of the
Transportation Equity Act for the 21st Century of 1998, Public Law 105-
178 (1998) (TEA 21). RRIF was subsequently amended by: The Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, Public Law 109-59 (2005) (SAFETEA-LU); the Rail Safety
Improvement Act of 2008, Division A of Public Law 110-432; and the
Fixing America's Surface Transportation Act (Pub. L. 114-94) (2015)
(FAST Act). All applicants for RRIF credit program assistance are
required to submit a completed application. 45 U.S.C. 823(a). The
information collection activity request for the RRIF credit program
application was most recently approved in 2015 (OMB Control Number
2130-0548). See 80 FR 11518 and 80 FR 27228.
    The Transportation Infrastructure Finance and Innovation Act of
1998 was enacted as part of TEA 21. The TIFIA program was subsequently
amended by SAFETEA-LU, the Moving Ahead for Progress in the 21st
Century Act (Pub. L. 112-141) (2012) (MAP-21), and the FAST Act. All
applicants for TIFIA credit program assistance are required to submit a
completed LOI and application. 23 U.S.C. 602(a)(1)(A). The existing
information collection activity request for the TIFIA credit program
letter of interest and application was most recently approved in 2017
(OMB Control Number 2105-0569). See 82 FR 15101 and 82 FR 25045.
    The National Surface Transportation and Innovative Finance Bureau
(referenced hereafter as the Build America Bureau or the Bureau),
established by the Secretary on July 20, 2016, in accordance with the
FAST Act, was created to streamline and improve access to the
Department's Federal credit programs, including RRIF and TIFIA. The
Bureau was made responsible for administering the application processes
for the TIFIA and RRIF credit programs. To streamline and conform these
application processes, the Bureau has integrated the submission forms
to create a single LOI form and a single application form that can be
used by applicants of either credit program. The integrated forms
substantially conform to the LOI and application forms approved under
OMB Control Number 2105-0569. The Department seeks OMB approval to
integrate the RRIF ICR into the TIFIA ICR. The integrated information
collection activity would retain OMB Control Number 2105-0569 and the
RRIF ICR would be discontinued if the integrated RRIF/TIFIA ICR is
approved.
    The integrated forms have also been reviewed to ensure that all
information requested is necessary for the Department to properly
perform its functions in administering its credit programs, updated to
reflect the current statutory requirements, and reorganized to make the
forms easier for applicants to use. Because some key statutory
differences exist between the two programs' application processes and
eligibility criteria, each of the forms clearly identifies where an
item of information applies only for one of the programs and need not
be answered by applicants of the other program.
    The TIFIA application process is prescribed by 23 U.S.C.
602(a)(1)(A) and requires submission of an LOI. If the LOI demonstrates
a reasonable likelihood of satisfying the TIFIA program's statutory
eligibility requirements, including creditworthiness, the Department
will invite the applicant to submit a formal credit application. Laws
governing the RRIF credit program do not require that an LOI be
submitted prior to a formal application. Practically, however, since 45
U.S.C. 822 requires RRIF applicants to submit an application
demonstrating compliance with eligibility requirements, the Bureau
encourages RRIF applicants to submit an LOI before submitting an
application. The Department believes that submitting an LOI before
submitting an application will significantly increase the likelihood
that a formal RRIF application will be substantially complete on the
first submission and reduce the time and effort of reaching financial
close on a credit instrument. The Department is authorized to prescribe
the form and contents of the LOI and application. 45 U.S.C. 823 and 23
U.S.C. 601(a)(6). The integrated LOI and application can be found on
the Bureau's website at https://www.transportation.gov/buildamerica.
    The LOI asks the applicant to describe, among other things, the
project and its location, purpose and cost; the proposed financial
plan, the status of environmental review, and certain information
regarding satisfaction of other eligibility requirements under the
applicable credit program. The application serves as the official
request for credit and, therefore, requires the same information
required of the LOI, plus detailed information about the applicant's
legal and management structure, its financial health, the revenue
stream pledged to repay the loan, and other information regarding
satisfaction of eligibility requirements. TIFIA and RRIF credit
assistance is awarded based on a project's satisfaction of TIFIA and
RRIF (as applicable) eligibility requirements.
    Respondents: State and local governments, transit agencies,
government-sponsored authorities, special authorities, special
districts, ports, private railroads, and certain other private entities
    Estimated Annual Number of Respondents: Based on the number and
type of interested stakeholders that have contacted the Department
about the RRIF and TIFIA programs in fiscal years (FY) 2015-2018, the
Department estimates that it will receive, on an annual basis, eight
(8) RRIF letters of interest (LOIs), twelve (12) TIFIA LOIs, eight (8)
RRIF applications, and twelve (12) TIFIA applications.
    Estimated Total Annual Burden Hours: The Department estimates that
it will generally take applicants not fewer than twenty (20) person-
hours to assemble a single LOI (for either credit program) and not
fewer than one hundred (100) person-hours to assemble a single
application (for either credit program). (Person-hour estimates
provided for a RRIF application assume that the applicant will
initially submit an LOI, reducing the number of person-hours spent on
the application.) These estimates are consistent with the approved ICR
for TIFIA under OMB Control Number 2105-0569. Based on the anticipated
annual total number of respondents, the total annual hour burden of
this collection for RRIF LOIs and applications is 960 and for TIFIA
LOIs and applications is 1,440 hours.
    Frequency of Collection: This information collection will occur on
a rolling basis as interested entities seek RRIF or TIFIA credit
assistance.
    Public Comments Invited: The Department invites interested
respondents to comment on a proposed information collection activity
(summarized below) with respect to: (i) Whether the information
collection activities are necessary for the Department to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of the Department's estimates of
the burden of the information collection activities, including the
validity of the methodology and assumptions used to determine the
estimates; (iii) ways for the Department to enhance the quality,
utility, and clarity of the information being collected; and (iv) ways
for the Department to minimize the burden of information collection
activities on the

public by automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology (e.g.,
permitting electronic submission of responses). See 44 U.S.C.
3506(c)(2)(A)(I)-(iv); 5 CFR 1320.8(d)(1)(i)-(iv). The Department
believes that soliciting public comment will promote its efforts to
reduce the administrative and paperwork burdens associated with the
collection of information mandated by Federal regulations. In summary,
the Department reasons that comments received will advance three
objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes
information collection requirements in a ``user friendly'' format to
improve the use of such information; and (iii) accurately assess the
resources expended to retrieve and produce information requested. See
44 U.S.C. 3501.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on May 7, 2018.
Habib Azarsina,
Privacy and PRA Clearance Officer, Office of the Secretary.
[FR Doc. 2018-10033 Filed 5-17-18; 11:15 am]
 BILLING CODE 4910-22-P


[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25821]
[DOCID:fr07my08-145]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of: Health Professionals, Inc., Respondent; Order
of Suspension of Trading

May 5, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Health Professionals, Inc. because it has not filed any periodic
reports since it filed a Form 10-Q for the period ended December 31,
1997.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of
Health Professionals, Inc. is suspended for the period from 9:30 a.m.
EDT on May 5, 2008 through 11:59 p.m. EDT on May 16, 2008.

By the Commission.
J. Lynn Taylor,
 Assistant Secretary.
[FR Doc. 08-1235 Filed 5-5-08; 11:37am]

BILLING CODE 8010-01-P


utility has received such Commission approval at least 60 days prior to
June 1 of that year. A utility that receives Commission approval of an
incentive-based rate treatment under this section later than 60 days
prior to June 1 shall submit an annual informational filing beginning
on June 1 of the following year. The annual filing shall detail the
specific cybersecurity investments that were made pursuant to the
Commission's approval and the corresponding FERC account used. The
annual informational filing shall describe the deferred expenses in
sufficient detail to demonstrate that such expenses are specifically
related to the cybersecurity investment granted incentives and not for
ongoing services including system maintenance, surveillance, and other
labor costs. Utilities shall provide a detailed description of any
material changes in the nature of such expenses from prior year
informational filings.
    (j) Transmittal of CEII in incentive applications and annual
reports. As appropriate, any CEII submitted to the Commission in a
utility's incentive application made pursuant to paragraph (k) of this
section or contained in its reporting requirements made pursuant to
paragraph (i) of this section shall be filed consistent with 18 CFR
part 388.

    Note:  The following will not appear in the Code of Federal
Regulations.

UNITED STATES OF AMERICA

Incentives for Advanced Cybersecurity Investment, Docket No. RM22-19-
000
DANLY, Commissioner, dissenting:

    1. I dissent from today's Final Rule \378\ because it is not in
line with the Infrastructure Investment and Jobs Act (IIJA) directive
to establish incentive-based rate treatments that ``encourag[e]''
``investments by public utilities in advanced cybersecurity
technology'' and ``participation by public utilities in cybersecurity
threat information sharing programs.'' \379\ Some have stated that
Congress intended for the IIJA to ``shore up cybersecurity'' across the
energy sector and other critical infrastructure.\380\ The Final Rule
provides cybersecurity incentives to select energy sector participants
and only a few cybersecurity investments. This rule does not ``shore up
cybersecurity'' of the bulk power system. At best, it is a tepid
response to a clear Congressional mandate.
---------------------------------------------------------------------------

    \378\ Incentives for Advanced Cybersecurity Investment, 183 FERC
] 61,033 (2023) (Final Rule).
    \379\ Public Law 117-58, section 40123(c), 135 Stat. 429, 952
(codified 16 U.S.C. 824s-1(c)).
    \380\ See, e.g., Senate Committee on Energy & Natural Resources,
Chairman Manchin Opening Remarks, at 6 (Mar. 23, 2023), https://www.energy.senate.gov/services/files/3D1ABB79-6CBF-4786-872A-E708A87CB6AB (``We took action last Congress by providing $1.9
billion in the Infrastructure Investment and Jobs Act to shore up
cybersecurity across the transportation, energy, and water sectors
by supporting utilities and State and local governments. I am
immensely proud of this work.'').
---------------------------------------------------------------------------

    2. First, the Final Rule limits incentives and cost recovery to
those public and non-public utilities ``that have or will have a [cost-
based] rate [tariff] on file with the Commission.'' \381\ Put
differently, the Final Rule excludes public and non-public utilities
that sell electricity at market-based rates. This exclusion is not
narrow. In 2019, the Commission estimated that there were over 2,500
market-based rate sellers.\382\
---------------------------------------------------------------------------

    \381\ Final Rule, 183 FERC ] 61,033 at P 23 (citation omitted).
    \382\ Data Collection for Analytics & Surveillance & Market-
Based Rate Purposes, Order No. 860, 168 FERC ] 61,039, at P 324
(2019).
---------------------------------------------------------------------------

    3. Given the size of the population excluded, one would expect the
IIJA to have directed such limitation. It does not. The statute directs
the Commission to establish incentive-based rate treatments that
``encourage'' ``public utilities'' to make cybersecurity investments
and participate in cybersecurity information sharing programs. It
allows for single-issue rate filings and does not distinguish between
those utilities with cost-of-service rates from those with market-based
rates.
    4. Nor does the broader context of the IIJA support such
exclusion.\383\ A reading of the IIJA's cybersecurity provisions in
their entirety make evident that Congress intended for agencies to
immediately undertake a broad campaign to support cybersecurity
investment in the energy sector. The IIJA directed the Commission to
establish cybersecurity incentives within 1.5 years of its
enactment.\384\ Further, as noted by the Electric Power Supply
Association (EPSA), ``Congress specifically cites small or medium-sized
public utilities with limited cybersecurity resources as being
potentially eligible for additional incentives beyond those identified
in the legislation, demonstrating the Congressional intent to fortify
the entirety of the [Bulk Power System] to the greatest extent that is
reasonably possible.'' \385\ The IIJA also directed the Secretary of
Energy to ``enhance[ ] grid security,'' \386\ ``deploy advanced
cybersecurity technologies for electric utility systems,'' \387\ and
``increase the

participation of eligible entities in cybersecurity threat information
sharing programs.'' \388\ Simply put, excluding 2,500 market-based rate
sellers from cybersecurity incentives and cost recovery is not in line
with Congressional intent. It should also not go unnoticed that the
majority fails to include the provisions from the IIJA in its revised
regulations regarding additional incentives for certain utilities,
including defense critical electric infrastructure and small and medium
utilities,\389\ without any explanation although there really can be
none.
---------------------------------------------------------------------------

    \383\ See McCarthy v. Bronson, 500 U.S. 136, 139 (1991)
(``[S]tatutory language must always be read in its proper
context.''); Crandon v. U.S., 494 U.S. 152, 158 (1990) (``In
determining the meaning of the statute, we look not only to the
particular statutory language, but to the design of the statute as a
whole and to its object and policy.'') (citations omitted).
    \384\ Public Law 117-58, section 40123(b)-(c), 135 Stat. 429,
952 (codified 16 U.S.C. 824s-1(b)-(c)) (requiring the Commission to
conduct a study to identify incentive-based rate treatments within
180 days after the enactment of the section and establish a rule for
incentive-based rate treatment within one year thereafter).
    \385\ EPSA, November 7, 2022 Comments, at 6 (Accession No.
20221107-5130) (emphasis in original) (EPSA Comments). The IIJA also
authorized the Commission to provide ``additional incentives'' if
that ``investment in advanced cybersecurity technology or
information sharing program costs will reduce cybersecurity risks to
. . . defense critical electric infrastructure.'' Public Law 117-58,
section 40123(d), 135 Stat. 429, 952 (codified at 16 U.S.C. 824s-
1(d)).
    \386\ Id., section 40121, 135 Stat. 429, 949 (emphasis added).
    \387\ Id., section 40124(c), 135 Stat. 429, 954 (emphasis
added).
    \388\ Id. (emphasis added).
    \389\ See id., section 40123(d), 135 Stat. 429, 952 (codified 16
U.S.C. 824s-1(d)).
---------------------------------------------------------------------------

    5. What Congress intended is of no consequence to the majority. On
top of failing to respond meaningfully to EPSA's argument regarding
Congressional intent (an Administrative Procedure Act violation),\390\
my colleagues declare (without citing to any provision in the IIJA)
that ``utilities that make sales of energy, capacity, or ancillary
services at market-based rates should [not] be able to continue to make
those sales and also separately recover the costs of, and receive
incentive-based rate treatment on, eligible cybersecurity
investments.'' \391\ Then the majority goes on to claim that the
``final rule meets the requirements of [the IIJA]'' because ``[a]ll
sellers of energy, capacity, and ancillary services are free to file
cost-of-service rates under FPA section 205 . . . to recover their
entire cost of service'' and ``proceed to make sales exclusively under
that cost-based rate.'' \392\ In other words, the Commission has
fulfilled the Congressional mandate because 2,500 market-based rate
sellers can always abandon their market-based rate authority and make
filings to transact only at cost-based rates.
---------------------------------------------------------------------------

    \390\ See TransCanada Power Mktg. Ltd. v. FERC, 811 F.3d 1, 12
(D.C. Cir. 2015) (``It is well established that the Commission must
`respond meaningfully to the arguments raised before it.''')
(quoting Pub. Serv. Comm'n v. FERC, 397 F.3d 1004, 1008 (D.C. Cir.
2005)).
    \391\ Final Rule, 183 FERC ] 61,033 at P 26.
    \392\ Id. (citation omitted).
---------------------------------------------------------------------------

    6. That reasoning is untenable. The IIJA intended agencies to adopt
policies and rules that would induce swift and efficient investments in
cybersecurity by the entire energy sector--it was not designed to
undermine competitive markets. Moreover, the majority's interpretation
effectively voids the IIJA's directive that ``[t]he Commission shall
permit public utilities to apply for incentive-based rate treatment
under a rule issued under this section on a single-issue basis by
submitting to the Commission a tariff schedule under [FPA] section [205
\393\] . . . that permits recovery of costs and incentives over the
depreciable life of the applicable assets, without regard to changes in
receipts or other costs of the public utility.'' \394\
---------------------------------------------------------------------------

    \393\ 16 U.S.C. 824d.
    \394\ Public Law 117-58, section 40123(f), 135 Stat. 429, 953
(codified 16 U.S.C. 824s-1(f)) (emphasis added).
---------------------------------------------------------------------------

    7. Public utilities submit revisions both to market-based rate
tariffs and cost-based rate tariffs under FPA section 205. While the
proposed rule stated that utilities must file to recover costs and
incentives in accordance with FPA section 205 and identified certain
filing requirements as to utilities with formula rates and stated
rates,\395\ at no time did the Commission suggest that entities
currently making sales of energy, capacity and ancillary services under
market-based rate tariffs must make a filing to recover their entire
cost of service, including costs of and an incentive return on,
cybersecurity investments and proceed to make sales exclusively under
that cost-based rate, as set forth in the final rule. The final rule is
not a ``logical outgrowth'' \396\ of the proposed rule, and its sharp
departure from the proposed rule violates that the Administrative
Procedure Act (APA) requirement that agencies engaged in a rulemaking
must provide interested parties adequate notice and opportunity to
comment on a proposed rule.\397\ It also is nonsensical. Even under the
construct today, a generation utility may have both a market-based rate
tariff under which it sells energy, capacity and ancillary services and
a cost-based rate tariff under which it recovers a reactive power
revenue requirement. There is no requirement that such generation
utility abandon its market-based rate tariff to recover its cost-based
rates. Because the proposed rule failed to provide adequate notice to
the public of any change as to market-based rate sellers, this
violation of the APA is an obvious legal error.
---------------------------------------------------------------------------

    \395\ See Incentives for Advanced Cybersecurity Investment, 180
FERC ] 61,189, at P 2 (2022) (citation omitted) (Cybersecurity
Incentives NOPR); id. PP 24, 50-51; see also id. P 51 (``In order to
effectuate an incentive in rates, utilities would need to propose in
their FPA section 205 filing conforming revisions to their formula
rates, as appropriate, to reflect incentive rate treatment granted
pursuant to these proposed regulations.'') (emphasis added); id. P
51 n.47 (``Utilities with stated rates may file under FPA section
205 to seek incentives as part of a larger rate case or make a
request for single issue ratemaking, which the Commission will
evaluate on a case-by-case basis to ensure that the rate, inclusive
of the incentive, is just and reasonable.'').
    \396\ See, e.g., Am. Fed. Of Labor & Congress of Indus. Org. v.
Donovan, 757 F.2d 330, 339 (D.C. Cir. 1985) (``the modification
cannot reasonably be seen as the `logical outgrowth' of a proposal
that gave no indication of any change at all in this respect.'');
Shell Oil Co. v. EPA, 950 F.2d 741, 751 (D.C. Cir. 1991) (``Even if
the mixture and derived-from rules had been widely anticipated,
comments by members of the public would not in themselves constitute
adequate notice. Under the standards of the APA, `notice necessarily
must come--if at all--from the Agency.''') (citations omitted); id.
(``Moreover, while a comment may evidence a recognition of a
problem, it can tell us nothing of how, or even whether, the agency
will choose to address it.'').
    \397\ See 5 U.S.C. 553.
---------------------------------------------------------------------------

    8. Second, the Final Rule unilaterally imposes the heightened
requirement that each ``cybersecurity investment[s] [must] . . .
materially improve cybersecurity through either an investment in
Advanced Cybersecurity Technology or participation in a cybersecurity
threat information sharing program.'' \398\ The IIJA includes no such
materiality requirement. Congress directed the Commission to
``encourage[ ]--(1) investments by public utilities in advanced
cybersecurity technology; and (2) participation by public utilities in
cybersecurity threat information sharing programs.'' \399\
---------------------------------------------------------------------------

    \398\ Final Rule, 183 FERC ] 61,033 at P 28.
    \399\ Public Law 117-58, section 40123(c)(2), 135 Stat. 429, 952
(codified 16 U.S.C. 824s-1(c)(2)).
---------------------------------------------------------------------------

    9. The IIJA already limits what qualifies as ``advanced
cybersecurity technology'' to ``any technology, operational capability,
or service, including computer hardware, software, or a related asset,
that enhances the security posture of public utilities through
improvements in the ability to protect against, detect, respond to, or
recover from a cybersecurity threat.'' \400\ The ordinary meaning of
``enhance'' is ``to improve the quality, amount, or strength of
something.'' \401\ It is not to ``materially improve the quality,
amount or strength of something.''
---------------------------------------------------------------------------

    \400\ Id., section 40123(a), 135 Stat. 429, 951-52 (codified 16
U.S.C. 824s-1(a)).
    \401\ Cambridge Dictionary, https://dictionary.cambridge.org/us/dictionary/english/enhance (defining ``enhance'').
---------------------------------------------------------------------------

    10. While the IIJA does not explicitly define ``cybersecurity
threat information sharing program,'' \402\ it can be inferred that the
statute requires (1) that there is a ``program,'' (2) that
``information [is] shar[ed],'' and (3) that information relates to
``cybersecurity.'' The statute cannot be read as inferring a
requirement that the utility's participation must ``materially
improve'' the security posture of that utility. The additional
requirements in the Final Rule that the information be ``relevant and
actionable'' and program be ``sponsored by the federal or state
government'' are arbitrary and subjective and also is not in line with

the IIJA.\403\ Congress knows how to say ``materially improve,'' and in
fact, did so elsewhere in the IIJA,\404\ but did not do so to limit the
cybersecurity investments eligible for an incentive.
---------------------------------------------------------------------------

    \402\ Public Law 117-58, section 40123(c), 135 Stat. 429, 952
(codified 16 U.S.C. 824s-1(c)).
    \403\ Final Rule, 183 FERC ] 61,033 at P 42.
    \404\ See Public Law 117-58, section 22420(a), 135 Stat. 429,
749 (``The Administrator of the Federal Railroad Administration
shall conduct a study of the potential installation and use in new
passenger rail rolling stock of passenger rail vehicle occupant
protection systems that could materially improve passenger
safety.''). C.f. Cent. Bank of Denver v. First Interstate Bank, 511
U.S. 164, 176-77 (1994) (``Congress knew how to impose aiding and
abetting liability when it chose to do so.'') (citation omitted).
---------------------------------------------------------------------------

    11. To make matters worse, the majority provides no meaningful
objective criteria for satisfying its materiality requirement. While
the Final Rule lists specific sources that the Commission will
``consider'' in its determination,\405\ even when parties demonstrate
that an investment meets the requisite number of sources the Commission
finds that it does not ``have a high degree of confidence that such
item[ ] will likely materially improve cybersecurity.'' \406\ What
could be more arbitrary than a ``standard'' based upon how confident an
agency feels?
---------------------------------------------------------------------------

    \405\ Final Rule, 183 FERC ] 61,033 at P 40 (``Considering these
sources as part of a Commission determination of whether a
particular cybersecurity investment would materially improve
cybersecurity''); id. P 109 (``the Commission will consider
evidence'').
    \406\ Id. P 90.
---------------------------------------------------------------------------

    12. Third, the majority eliminates the 200-basis point ROE Adder
incentive because ``[cybersecurity] expenses . . . constitute a large
portion of overall expenditures for many cybersecurity investments''
and ``the Cybersecurity Regulatory Asset Incentive alone provides the
encouragement that Congress intended without unduly increasing costs on
consumers.'' \407\ I disagree. Like Chairman Phillips, then
Commissioner, stated in his concurrence to the NOPR:
---------------------------------------------------------------------------

    \407\ Id. P 134 (``We decline to adopt an ROE incentive adder,
as proposed in the NOPR.'').

    I believe the 5-year proposed duration and the 200-basis point
adder are adequate to properly incent utilities. Unlike expenses in
the traditional transmission incentives context, the dollar amounts
in cybersecurity investments are typically small. Yet, the benefits
of additional, advanced cybersecurity investments cannot be ignored.
Offering anything less than what is proposed would likely be
insufficient to incent any action by utilities, as required by
Congress.\408\
---------------------------------------------------------------------------

    \408\ Cybersecurity Incentives NOPR, 180 FERC ] 61,189
(Phillips, Comm'r, concurring, at P 7) (citations omitted).

    13. Moreover, Congress required the Commission to establish a rule
to provide incentives to investments in ``any technology, operational
capability, or service'' \409\ not just ``many cybersecurity
investments.'' \410\
---------------------------------------------------------------------------

    \409\ Public Law 117-58, section 40123(a), 135 Stat. 429, 951
(codified 16 U.S.C. 824s-1(a)) (emphasis added).
    \410\ Final Rule, 183 FERC ] 61,033 at P 134.
---------------------------------------------------------------------------

    14. Finally, Congress did not require the Commission to simply
``consider performance-based rates as an option among incentive
ratemaking treatments'' \411\ as the majority contends. The statutory
text states that ``the Commission shall establish, by rule, incentive-
based, including performance-based, rate treatments.'' \412\ There is
no ambiguity here that could allow for, or support, the majority's
``interpretation.''
---------------------------------------------------------------------------

    \411\ Id. P 159.
    \412\ Public Law 117-58, section 40123(c), 135 Stat. 429, 952
(codified 16 U.S.C. 824s-1(c)) (emphasis added).
---------------------------------------------------------------------------

    15. The word ``consider[ ],'' while used elsewhere in FPA section
219A,\413\ is absent from that provision. And the majority should not
place too much weight on Order No. 679, which interpreted a provision
in FPA section 219 similarly.\414\ The Commission's interpretation in
Order No. 679 was arguably not in accordance with law and was never
upheld by a court on appeal. My colleagues cannot rewrite a
Congressional mandate because they believe that the statute is
``difficult'' to implement.\415\
---------------------------------------------------------------------------

    \413\ Id., section 40123(d), 135 Stat. 429, 952 (codified 16
U.S.C. 824s-1(d)) (i.e., factors for consideration).
    \414\ See Final Rule, 183 FERC ] 61,033 at P 159 (citing
Promoting Transmission Investment through Pricing Reform, Order No.
679, 116 FERC ] 61,057, at P 270 (2006)).
    \415\ Id. P 160.
---------------------------------------------------------------------------

    16. Nor is compliance with this provision as ``difficult'' as the
majority claims. The Commission could comply simply by establishing a
rule that entities can propose on a case-by-case basis a performance-
based rate treatment that would measure and tie the rate treatment to
the number and severity of cybersecurity incidents. No more is required
on the Commission's part.
    17. Congress has made it clear that the Commission must provide
incentives to shore up the security of the bulk power system. President
Biden has ``urge[d] our private sector partners to harden [their] cyber
defenses immediately.'' \416\ Former President Trump issued an
Executive Order declaring that ``[i]t is the policy of the executive
branch to use its authorities and capabilities to support the
cybersecurity risk management efforts of the owners and operators of
the Nation's critical infrastructure.'' \417\ Former President Obama
warned that cybersecurity threats are ``the most serious economic and
national security challenge[ ] we face as a nation'' and ``America's
economic prosperity . . . will depend on cybersecurity.'' \418\
Similarly, last fall in his concurrence to the Cybersecurity Incentives
NOPR, Chairman Phillips, then Commissioner, stated, ``the nation's
security and economic well-being depends on reliable and cyber-
resilient energy infrastructure.'' \419\ Instead of following Congress'
instructions, and taking this reliability threat seriously, the
majority passes up the opportunity to harden the cybersecurity defenses
of the nation's critical energy infrastructure.
---------------------------------------------------------------------------

    \416\ Statement by President Biden on Our Nation's
Cybersecurity, The White House (Mar. 21, 2022), https://www.whitehouse.gov/briefing-room/ statements-releases/2022/03/21/
statement-by-president-biden-on-our-nations-cybersecurity; see also
Cybersecurity Incentives NOPR, 180 FERC ] 61,189 (Phillips, Comm'r,
concurring at P 8 n.17) (quoting Statement by President Biden on Our
Nation's Cybersecurity).
    \417\ Exec. Order No. 13800, 82 FR 22391, section 2 (May 11,
2017).
    \418\ Remarks by the President on Securing Our Nation's Cyber
Infrastructure, The White House (May 29, 2009), https://
obamawhitehouse.archives.gov/the-press-office/remarks-president-
securing-our-nations-cyber-
infrastructure#:~:text=In%20short%2C%20America%27s%20economic%20prosp
erity%20in%20the%2021st,them%20for%20public%20transportation%20and%20
air%20traffic%20control.
    \419\ Cybersecurity Incentives NOPR, 180 FERC ] 61,189
(Phillips, Comm'r, concurring at P 1).

---------------------------------------------------------------------------
For these reasons, I respectfully dissent.

James P. Danly,
Commissioner.

[FR Doc. 2023-08929 Filed 5-2-23; 8:45 am]
BILLING CODE 6717-01-P