[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76929-76936]
[FR Doc No: 2012-31394]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2012-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed
below. Elevations at selected locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.

    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

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

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

Sec.  67.11  [Amended]

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

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

----------------------------------------------------------------------------------------------------------------
                                 Shelby County, Alabama, and Incorporated Areas
                                             Docket No.: FEMA-B-1233
----------------------------------------------------------------------------------------------------------------
Acton Creek............................  Approximately 0.78 mile                 +428  City of Hoover,
                                          downstream of Indian                          Unincorporated Areas of
                                          Valley Road.                                  Shelby County.
                                         Approximate 595 feet                    +472
                                          upstream of Caldwell
                                          Mill Road.
Beaverdam Creek........................  At the Cahaba River                     +394  City of Helena,
                                          confluence.                                   Unincorporated Areas of
                                                                                Shelby County.
                                         Approximately 775 feet                  +424
                                          downstream of County
                                          Road 17.
Bishop Creek...........................  At the downstream side of               +423  City of Helena, City of
                                          Industrial Park Drive.                        Pelham, Town of Indian
                                                                                Springs Village,
                                                                                Unincorporated Areas of
                                                                                Shelby County.
                                         Approximately 483 feet                  +525
                                          upstream of Surrey Lane.
Buck Creek.............................  Approximately 800 feet                  +412  City of Alabaster, City
                                          upstream of U.S. Route                        of Helena, City of
                                          261.                                          Pelham, Unincorporated
                                                                                Areas of Shelby County.
                                         Approximately 0.9 mile                  +567
                                          upstream of County Road
                                          340.
Camp Creek (backwater effects from       Approximately 841 feet                  +439  Unincorporated Areas of
 Kelly Creek).                            upstream of the Kelly                         Shelby County.
                                          Creek confluence.
                                         Approximately 0.7 mile                  +439
                                          upstream of the Kelly
                                          Creek confluence.
Coales Branch..........................  At the upstream side of                 +444  City of Pelham.
                                          CSX Railroad Bridge.
                                         Approximately 1,350 feet                +494
                                          upstream of Dow Street.
Dodd Branch............................  Approximately 174 feet                  +421  City of Hoover, City of
                                          upstream of Lake Forest                       Pelham, Unincorporated
                                          Circle.                                       Areas of Shelby County.
                                         Approximately 730 feet                  +499
                                          upstream of Indian Lake
                                          Lane.
Dodd Branch Tributary 1................  Approximately 908 feet                  +445  City of Hoover, City of
                                          downstream of Baneberry                       Pelham, Unincorporated
                                          Drive.                                        Areas of Shelby County.
                                         Approximately 1,670 feet                +487
                                          upstream of Indian Lake
                                          Way.
Dodd Branch Tributary 1.1..............  At the downstream side of               +453  City of Helena, City of
                                          Stratshire Lane.                              Pelham.
                                         Approximately 413 feet                  +485
                                          upstream of Aaron Road.
Dry Creek I............................  Approximately 0.47 mile                 +422  City of Alabaster, City
                                          downstream of Fox Valley                      of Helena,
                                          Farms Road.                                   Unincorporated Areas of
                                                                                Shelby County.
                                         Approximately 531 feet                  +423
                                          downstream of Fox Valley
                                          Farms Road.
Hogpen Creek...........................  At the upstream side of                 +452  City of Pelham,
                                          the railroad.                                 Unincorporated Areas of
                                                                                Shelby County.
                                         Approximately 1,390 feet                +510
                                          upstream of Berry Lane.
Hurricane Creek (backwater effects from  Approximately 0.75 mile                 +381  City of Helena,
 Cahaba River).                           downstream of County                          Unincorporated Areas of
                                          Road 13.                                      Shelby County.

                                         Approximately 0.8 mile                  +381
                                          upstream of County Road
                                          13.
Hurricane Creek I (backwater effects     Approximately 1,365 feet                +464  Unincorporated Areas of
 from Bear Creek).                        downstream of Rocky                           Shelby County.
                                          Hollow Lane.
                                         Approximately 416 feet                  +464
                                          upstream of Rocky Hollow
                                          Lane.
Ivy Branch (backwater effects from       At the downstream side of               +683  City of Chelsea,
 North Fork Yellowleaf Creek).            County Road 280 (Old                          Unincorporated Areas of
                                          Highway 280).                                 Shelby County.
                                         Approximately 469 feet                  +683
                                          upstream of County Road
                                          280 (Old Highway 280).
Lee Branch.............................  Approximately 884 feet                  +553  City of Birmingham, City
                                          upstream of Cahaba                            of Hoover,
                                          Valley Road.                                  Unincorporated Areas of
                                                                                Shelby County.
                                         Approximately 350 feet                  +608
                                          upstream of Hugh Daniel
                                          Drive.
Lee Brook..............................  At the upstream side of                 +417  City of Helena.
                                          County Road 95.
                                         Approximately 965 feet                  +477
                                          upstream of Wynwood
                                          Drive.
Little Beeswax Creek...................  Approximately 0.86 mile                 +405  Unincorporated Areas of
                                          downstream of County                          Shelby County.
                                          Road 28.
                                         Approximately 0.52 mile                 +463
                                          upstream of County Road
                                          61.
North Fork Yellowleaf Creek............  Approximately 0.9 mile                  +575  City of Chelsea,
                                          downstream of U.S. Route                      Unincorporated Areas of
                                          280.                                          Shelby County.
                                         Approximately 1.2 miles                 +783
                                          upstream of Highland
                                          Lakes Road.
North Fork Yellowleaf Creek Tributary I  At the North Fork                       +688  City of Chelsea,
 (backwater effects from North Fork       Yellowleaf Creek                              Unincorporated Areas of
 Yellowleaf Creek).                       confluence.                                   Shelby County.
                                         Approximately 946 feet                  +688
                                          upstream of the North
                                          Fork Yellowleaf
                                          confluence.
Peavine Creek..........................  Approximately 1,213 feet                +441  City of Alabaster, City
                                          downstream of U.S. Route                      of Pelham,
                                          31.                                           Unincorporated Areas of
                                                                                Shelby County.
                                         Approximately 1.7 miles                 +577
                                          upstream of County Road
                                          334.
Poplar Branch (backwater effects from    Approximately 138 feet                  +531  City of Chelsea,
 North Fork Yellowleaf Creek).            upstream of U.S. Route                        Unincorporated Areas of
                                          280.                                          Shelby County.
                                         Approximately 1,967 feet                +531
                                          upstream of U.S. Route
                                          280.
Prairie Brook..........................  At the downstream side of               +416  City of Helena.
                                          Railroad Avenue East.
                                         Approximately 0.45 mile                 +425
                                          upstream of County Road
                                          95.
Trigger Creek (backwater effects from    Approximately 1,024 feet                +399  City of Hoover,
 North Fork Yellowleaf Creek).            downstream of County                          Unincorporated Areas of
                                          Road 13.                                      Shelby County.
                                         Approximately 1.02 miles                +399
                                          upstream of County Road
                                          13.
Wolf Creek I (backwater effects from     Approximately 0.45 mile                 +456  Unincorporated Areas of
 Kelly Creek).                            upstream of the Kelly                         Shelby County.
                                          Creek confluence.
                                         Approximately 0.66 mile                 +456
                                          upstream of the Kelly
                                          Creek confluence.
Yellowleaf Creek Tributary 1 (backwater  Approximately 0.91 mile                 +456  City of Chelsea,
 effects from North Fork Yellowleaf       upstream of the                               Unincorporated Areas of
 Creek).                                  Yellowleaf Creek                              Shelby County.
                                          confluence.
                                         Approximately 1.33 miles                +456
                                          upstream of the
                                          Yellowleaf Creek
                                          confluence.
----------------------------------------------------------------------------------------------------------------
* 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 Alabaster
Maps are available for inspection at 201 1st Street North, Alabaster, AL 35007.

City of Birmingham
Maps are available for inspection at 710 20th Street North, Birmingham, AL 35203.

City of Chelsea
Maps are available for inspection at 11611 Chelsea Road, Chelsea, AL 35043.

City of Helena
Maps are available for inspection at 816 State Route 82, Helena, AL 35080.

City of Hoover
Maps are available for inspection at 100 Municipal Drive, Hoover, AL 35216.

City of Pelham
Maps are available for inspection at 3162 Pelham Parkway, Pelham, AL 35124.

Town of Indian Springs Village
Maps are available for inspection at 2635 Cahaba Valley Road, Indian Springs, AL 35124.

                                      Unincorporated Areas of Shelby County
Maps are available for inspection at 200 West College Street, Columbiana, AL 35051.
----------------------------------------------------------------------------------------------------------------
                               Henderson County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1007
----------------------------------------------------------------------------------------------------------------
Canoe Creek............................  At the upstream side of                 +376  City of Henderson,
                                          U.S. Route 41.                                Unincorporated Areas of
                                                                                Henderson County.
                                         At the Elam Ditch                       +383
                                          confluence.
Canoe Creek Tributary 1 (backwater       From approximately 500                  +376  City of Henderson,
 effects from Ohio River).                feet upstream of the                          Unincorporated Areas of
                                          Canoe Creek confluence                        Henderson County.
                                          to approximately 900
                                          feet upstream of KY-136.
Cash Creek (backwater effects from Ohio  From the Green River                    +386  Unincorporated Areas of
 River).                                  confluence to                                 Henderson County.
                                          approximately 800 feet
                                          upstream of Griffin and
                                          Griffin Road.
Elam Ditch.............................  At the Canoe Creek                      +383  Unincorporated Areas of
                                          confluence.                                   Henderson County.
                                         At Airline Road (KY-812).               +393
Elam Ditch Tributary 1.................  At the Elam Ditch                       +384  Unincorporated Areas of
                                          confluence.                                   Henderson County.
                                         Approximately 1,250 feet                +395
                                          downstream of Toy
                                          Anthoston Road (KY-2677).
Elam Ditch Tributary 1.1 (backwater      From the Elam Ditch                     +384  Unincorporated Areas of
 effects from Elam Ditch Tributary 1).    Tributary 1 confluence                        Henderson County.
                                          to approximately 1,200
                                          feet upstream of the
                                          Elam Ditch Tributary 1
                                          confluence.
Elam Ditch Tributary 2.................  At the Elam Ditch                       +384  Unincorporated Areas of
                                          confluence.                                   Henderson County.
                                         At the downstream side of               +395
                                          Airline Road (KY-812).
Elam Ditch Tributary 3.................  At the Elam Ditch                       +384  Unincorporated Areas of
                                          confluence.                                   Henderson County.
                                         At the downstream side of               +389
                                          Toy Anthoston Road.
Elam Ditch Tributary 4 (backwater        From the Elam Ditch                     +383  Unincorporated Areas of
 effects from Elam Ditch).                confluence to                                 Henderson County.
                                          approximately 0.5 mile
                                          upstream of the Elam
                                          Ditch confluence.
Elam Ditch Tributary 8 (backwater        From the Elam Ditch                     +393  Unincorporated Areas of
 effects from Elam Ditch).                confluence to                                 Henderson County.
                                          approximately 1,100 feet
                                          upstream of the Elam
                                          Ditch confluence.
Grane Creek (backwater effects from      From approximately 1,200                +386  Unincorporated Areas of
 Ohio River).                             feet downstream of                            Henderson County.
                                          Quinns Landing Road to
                                          approximately 1.0 mile
                                          upstream of Quinns
                                          Landing Road.
Grane Creek Tributary 1 (backwater       From approximately 0.2                  +386  Unincorporated Areas of
 effects from Ohio River).                mile downstream of                            Henderson County.
                                          Quinns Landing Road to
                                          the upstream side of
                                          Quinns Landing Road.
Grane Creek Tributary 5 (backwater       From the Grane Creek                    +386  City of Robards,
 effects from Ohio River).                confluence to                                 Unincorporated Areas of
                                          approximately 1,800 feet                      Henderson County.
                                          upstream of the Grane
                                          Creek confluence.
Kimsey Lane Left Tributary.............  At the North Fork Canoe                 +388  City of Henderson,
                                          Creek confluence.                             Unincorporated Areas of
                                                                                Henderson County.
                                         Approximately 750 feet                  +388
                                          upstream of Van Wyk Road.
Kimsey Lane Right Tributary............  At the North Fork Canoe                 +388  City of Henderson,
                                          Creek confluence.                             Unincorporated Areas of
                                                                                Henderson County.
                                         At Kinsey Lane (KY-6112).               +388
Lick Creek (backwater effects from Ohio  From the upstream side of               +383  Unincorporated Areas of
 River).                                  Sportsville-Bluff City                        Henderson County.
                                          Road to approximately
                                          1.1 miles downstream of
                                          Zion Road.
Lick Creek Tributary 2 (backwater        From the Lick Creek                     +383  Unincorporated Areas of
 effects from Ohio River).                confluence to the                             Henderson County.
                                          downstream side of Zion
                                          Road.

Lick Creek Tributary 2.1 (backwater      From the Lick Creek                     +383  Unincorporated Areas of
 effects from Ohio River).                Tributary 2 confluence                        Henderson County.
                                          to approximately 1,600
                                          feet upstream of the
                                          Lick Creek Tributary 2
                                          confluence.
Lick Creek Tributary 4 (backwater        From the Lick Creek                     +383  Unincorporated Areas of
 effects from Ohio River).                confluence to                                 Henderson County.
                                          approximately 0.9 mile
                                          upstream of the Lick
                                          Creek confluence.
Middle Canoe Creek.....................  At the Sellers Ditch                    +382  City of Henderson,
                                          confluence.                                   Unincorporated Areas of
                                                                                Henderson County.
                                         At the Elam Ditch                       +382
                                          confluence.
North Fork Canoe Creek.................  At the Canoe Creek                      +382  City of Henderson,
                                          confluence.                                   Unincorporated Areas of
                                                                                Henderson County.
                                         Approximately 4,000 feet                +389
                                          upstream of Kimsey Lane
                                          (KY-6112).
Ohio River.............................  Approximately 2.4 miles                 +372  City of Henderson,
                                          upstream of the                               Unincorporated Areas of
                                          northwest county                              Henderson County.
                                          boundary (at River Mile
                                          Marker 829.7).
                                         Approximately 5.0 miles                 +386
                                          upstream of the
                                          northeast county
                                          boundary (at River Mile
                                          Marker 766.5).
Old Knoblick Road Creek (backwater       From approximately 0.6                  +386  Unincorporated Areas of
 effects from Ohio River).                mile downstream of                            Henderson County.
                                          Knoblick Road to
                                          approximately 800 feet
                                          downstream of Knoblick
                                          Road.
Pond Creek (overflow effects from Ohio   At the downstream side of               +372  Unincorporated Areas of
 River).                                  Gray-Aldridge Road.                           Henderson County.
                                         Approximately 0.9 mile                  +373
                                          upstream of Martin and
                                          Martin Road.
Pond Creek Tributary 6 (overflow         At the Pond Creek                       +373  Unincorporated Areas of
 effects from Ohio River).                confluence.                                   Henderson County.
                                         Approximately 600 feet                  +374
                                          downstream of KY-268.
Race Creek (backwater effects from Ohio  From the Green River                    +381  Unincorporated Areas of
 River).                                  confluence to                                 Henderson County.
                                          approximately 200 feet
                                          upstream of KY-1078.
Sellers Ditch..........................  At the Canoe Creek                      +376  Unincorporated Areas of
                                          confluence.                                   Henderson County.
                                         Approximately 200 feet                  +382
                                          upstream of Old Madison
                                          Road.
Sputzman Creek (backwater effects from   From approximately 0.8                  +386  Unincorporated Areas of
 Ohio River).                             mile upstream of the                          Henderson County.
                                          Green River confluence
                                          to approximately 2.0
                                          miles upstream of the
                                          Green River confluence.
Sputzman Creek Tributary 1 (backwater    From the Sputzman Creek                 +386  Unincorporated Areas of
 effects from Ohio River).                confluence to                                 Henderson County.
                                          approximately 1.2 miles
                                          upstream of the Sputzman
                                          Creek confluence.
Sputzman Creek Tributary 2 (backwater    From the Sputzman Creek                 +386  Unincorporated Areas of
 effects from Ohio River).                confluence to                                 Henderson County.
                                          approximately 0.6 mile
                                          upstream of Sputzman
                                          Creek.
Sugar Creek (backwater effects from      From the Ohio River                     +376  City of Henderson.
 Ohio River).                             confluence to
                                          approximately 1,700 feet
                                          upstream of the Ohio
                                          River confluence.
Tiger Ditch (formerly Highway 812        At the North Fork Canoe                 +382  City of Henderson,
 Tributary).                              Creek confluence.                             Unincorporated Areas of
                                                                                Henderson County.
                                         Approximately 150 feet                  +391
                                          downstream of Zion Road.
Tiger Ditch Tributary 1................  At the Tiger Ditch                      +385  City of Henderson,
                                          (formerly Highway 812                         Unincorporated Areas of
                                          Tributary) confluence.                        Henderson County.
                                         At the downstream side of               +390
                                          Adams Lane.
Upper Canoe Creek......................  At the Sellers Ditch                    +382  Unincorporated Areas of
                                          confluence.                                   Henderson County.
                                         Approximately 3,800 feet                +385
                                          upstream of the East
                                          Fork Canoe Creek
                                          confluence.
----------------------------------------------------------------------------------------------------------------
* 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 Henderson
Maps are available for inspection at 222 1st Street, Henderson, KY 42419.

City of Robards
Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.

                                    Unincorporated Areas of Henderson County
Maps are available for inspection at 20 North Main Street, Henderson, KY 42420.
----------------------------------------------------------------------------------------------------------------
                                 Coos County, New Hampshire (All Jurisdictions)
                                             Docket No.: FEMA-B-1213
----------------------------------------------------------------------------------------------------------------
Androscoggin River.....................  Approximately 3.5 miles                 +691  City of Berlin, Town of
                                          downstream of Meadow                          Dummer, Town of Errol,
                                          Road.                                         Town of Gorham, Town of
                                                                                Milan, Town of
                                                                                Shelburne,
                                                                                Unincorporated Areas of
                                                                                Coos County.
                                         At the downstream side of              +1231
                                          Umbagog Lake Dam.
Clear Stream...........................  At the Androscoggin River              +1222  Town of Errol.
                                          confluence.
                                         Approximately 1.1 miles                +1227
                                          upstream of White
                                          Mountain Highway.
Clement Brook..........................  At the Androscoggin River               +700  Town of Shelburne.
                                          confluence.
                                         Approximately 0.7 mile                 ++752
                                          upstream of U.S. Route 2.
Connecticut River......................  Approximately 0.8 mile                  +865  Town of Stratford.
                                          downstream of Janice
                                          Peaslee Bridge (formerly
                                          Maidstone-Stratford
                                          Hollow Bridge).
                                         Approximately 1,180 feet                +865
                                          downstream of Janice
                                          Peaslee Bridge (formerly
                                          Maidston-Stratford
                                          Hollow Bridge).
Connecticut River......................  Approximately 2.1 miles                 +932  Town of Clarksville, Town
                                          upstream of State Route                       of Colebrook, Town of
                                          105.                                          Columbia, Town of
                                                                                Stewartstown.
                                         Approximately 0.6 mile                 +1106
                                          downstream of U.S. Route
                                          3.
Dead River.............................  At the Androscoggin River               +950  City of Berlin.
                                          confluence.
                                         Approximately 0.4 mile                 +1049
                                          upstream of Hillside
                                          Avenue.
Greenough Brook........................  At the Androscoggin River              +1226  Town of Errol.
                                          confluence.
                                         At the downstream side of              +1230
                                          the Akers Pond Dam.
Moose Brook............................  At the Androscoggin River               +793  Town of Gorham.
                                          confluence.
                                         Approximately 840 feet                 +1128
                                          upstream of Jimtown Road.
Moose Brook Split......................  At the Moose Brook                      +924  Town of Gorham.
                                          confluence.
                                         At the Moose Brook                      +937
                                          divergence.
Moose River............................  At the Androscoggin River               +787  Town of Gorham.
                                          confluence.
                                         Approximately 0.4 mile                  +830
                                          upstream of Main Street.
Peabody River..........................  At the Androscoggin River               +755  Town of Gorham, Town of
                                          confluence.                                   Shelburne.
                                         Approximately 1.8 miles                +1060
                                          upstream of Glen Road.
Tinker Brook...........................  At the Androscoggin River               +842  Town of Gorham.
                                          confluence.
                                         Approximately 0.9 mile                 +1206
                                          upstream of Main 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 Berlin
Maps are available for inspection at City Hall, 168 Main Street, Berlin, NH 03570.

Town of Clarksville
Maps are available for inspection at the Town Office, 408 New Hampshire Route 145, Clarksville, NH 03592.

Town of Colebrook
Maps are available for inspection at the Town Hall, 17 Bridge Street, Colebrook, NH 03576.

Town of Columbia
Maps are available for inspection at the Town Hall, 1679 U.S. Route 3. Columbia, NH 03576.

Town of Dummer
Maps are available for inspection at the Town Office, 75 Hill Road, Dummer, NH 03588.

Town of Errol
Maps are available for inspection at the Selectmen's Office, 33 Main Street, Errol, NH 03579.

Town of Gorham
Maps are available for inspection at the Town Hall, 20 Park Street, Gorham, NH 03581.

Town of Milan
Maps are available for inspection at the Municipal Building, 20 Bridge Street, Milan, NH 03588.

Town of Shelburne
Maps are available for inspection at the Town Hall, 74 Village Road, Shelburne, NH 03581.

Town of Stewartstown
Maps are available for inspection at the Stewartstown Town Clerk's Office, 888 Washington Street, West
 Stewartstown, NH 03597.

Town of Stratford
Maps are available for inspection at the Town Hall, 10 Town Common Road, Stratford, NH 03590.

Unincorporated Areas of Coos County
Maps are available for inspection at the Coos County Commissioner's Office, 136 County Farm Road, West
 Stewartstown, NH 03597.
----------------------------------------------------------------------------------------------------------------
                               Cleveland County, Oklahoma, and Incorporated Areas
                                             Docket No.: FEMA-B-1233
----------------------------------------------------------------------------------------------------------------
Dave Blue Creek........................  At the downstream side of              +1118  City of Noble, City of
                                          North Main Street.                            Norman.
                                         Approximately 0.4 mile                 +1177
                                          upstream of Post Oak
                                          Road.
Little River...........................  Approximately 600 feet                 +1097  City of Moore, City of
                                          downstream of 12th                            Norman.
                                          Avenue Northeast.
                                         Approximately 1.0 mile                 +1159
                                          downstream of Southwest
                                          34th Street.
Stream E (backwater effects from Little  At the Little River                    +1159  City of Moore, City of
 River).                                  confluence.                                   Norman.
                                         Approximately 1,480 feet               +1159
                                          upstream of the Little
                                          River confluence.
Stream E...............................  Approximately 0.42 mile                +1191  City of Moore.
                                          downstream of Southwest
                                          19th Street.
                                         Approximately 60 feet                  +1226
                                          downstream of Southwest
                                          4th Street.
Tributary 1 to Unnamed Tributary to Cow  At the Unnamed Tributary               +1236  City of Oklahoma City.
 Creek Tributary 2 North Branch           to Cow Creek Tributary 2
 (backwater effects from Unnamed          North Branch confluence.
 Tributary to Cow Creek Tributary 2
 North Branch).
                                         Approximately 660 feet                 +1236
                                          upstream of the Unnamed
                                          Tributary to Cow Creek
                                          Tributary 2 North Branch
                                          confluence.
Tributary 3 of Canadian River Tributary  Approximately 800 feet                 +1198  City of Oklahoma City.
 1.                                       downstream of Southwest
                                          119th Street.
                                         Approximately 250 feet                 +1239
                                          downstream of Southwest
                                          106th Street.
Tributary A to Tributary 3 of Canadian   At the Tributary 3 of                  +1233  City of Oklahoma City.
 River Tributary 1 (backwater effects     Canadian River Tributary
 from Tributary 3 of Canadian River       1 confluence.
 Tributary 1).
                                         Approximately 1,080 feet               +1233
                                          upstream of the
                                          Tributary 3 of Canadian
                                          River Tributary 1
                                          confluence.
Tributary B to Tributary 3 of Canadian   At the Tributary 3 of                  +1211  City of Oklahoma City.
 River Tributary 1 (backwater effects     Canadian River Tributary
 from Tributary 3 of Canadian River       1 confluence.
 Tributary 1).
                                         Approximately 1,100 feet               +1211
                                          upstream of the
                                          Tributary 3 of Canadian
                                          River Tributary 1
                                          confluence.
Unnamed Tributary to Cow Creek           Approximately 240 feet                 +1224  City of Oklahoma City.
 Tributary 2 North Branch.                upstream of the Cow
                                          Creek Tributary 2 North
                                          Branch confluence.
                                         Approximately 0.8 mile                 +1240
                                          upstream of the Cow
                                          Creek Tributary 2 North
                                          Branch confluence.
Unnamed Tributary to Little River......  At the Little River                    +1150  City of Moore, City of
                                          confluence.                                   Norman.
                                         Approximately 300 feet                 +1185
                                          upstream of Southwest
                                          34th 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 Moore
Maps are available for inspection at City Hall, 301 North Broadway, Moore, OK 73160.

City of Noble
Maps are available for inspection at City Hall, 304 South Main Street, Noble, OK 73068.

City of Norman
Maps are available for inspection at City Hall, 201 West Gray Street, Building A, Norman, OK 73069.

City of Oklahoma City
Maps are available for inspection at the Public Works Department, 420 West Main Street, Suite 700, Oklahoma
 City, OK 73102.
----------------------------------------------------------------------------------------------------------------

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

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2012-31394 Filed 12-28-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10952-10953]
[FR Doc No: 2023-03582]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96935; File No. SR-IEX-2023-02]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Implementation Date of Recently-Approved Changes to IEX Rule
11.190(g) That Are Designed To Provide an Alternative Calculation for
Pegged Order Types for Determining Whether a Quote Instability
Condition Exists

February 15, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 7, 2023, the Investors Exchange LLC (``IEX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Pursuant to the provisions of Section 19(b)(1) under the Act,\3\
and Rule 19b-4 thereunder,\4\ IEX is filing with the Commission a
proposal to extend the implementation date of recently-approved changes
to IEX Rule 11.190(g) that are designed to provide an alternative
calculation for pegged order types for determining whether a quote
instability condition exists. The Exchange has designated this proposal
as non-controversial and provided the Commission with the notice
required by Rule 19b-4(f)(6)(iii) under the Act.\5\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(1).
    \4\ 17 CFR 240.19b-4.
    \5\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.com, at the principal office of the Exchange,
and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    IEX is filing this proposal to extend the implementation date of
recently-approved changes to IEX Rule 11.190(g) that are designed to
provide an alternative calculation for pegged order types for
determining whether a quote instability condition exists (``original
rule change''). IEX filed the proposed original rule change on
September 27, 2022,\6\ and the Commission approved it on December 1,
2022.\7\ The original rule change is currently scheduled to be
implemented within 90 days of the Approval Order,\8\ i.e., on or before
March 1, 2023.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 96014 (October 11,
2022), 87 FR 62903 (October 17, 2022) (SR-IEX-2022-06) (``Original
Filing'').
    \7\ See Securities Exchange Act Release No. 96416 (December 1,
2022), 87 FR 75099 (December 7, 2022) (SR-IEX-2022-06) (``Approval
Order'').
    \8\ See supra note 7.
---------------------------------------------------------------------------

    The Exchange had anticipated that the technical changes necessary
to implement the original rule change would be completed in time to
enable implementation on or before March 1, 2023. However, due to
unforeseen delays, the technical changes are not yet complete, and IEX
needs additional time to implement beyond the 90 days specified in the
Original Filing. As a result, the Exchange is now proposing to
implement the proposed changes by June 30, 2023, and will announce the
implementation date by Trading Alert at least ten (10) days in advance
of such implementation date. Besides the implementation date, the
Exchange is not proposing to make any changes to the terms of the
Original Filing.
2. Statutory Basis
    IEX believes that its proposal is consistent with the provisions of
Section 6(b) of the Act \9\ in general, and with Section 6(b)(5) of the
Act,\10\ in particular, in that it is designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. Specifically,
the proposal is consistent with the Act because it will allow the
Exchange to complete technical changes necessary to implement the
original rule change in a thorough and risk averse manner, thereby
protecting investors. Further, the ten (10) days' notice to market
participants of the implementation date for the original rule filing is
consistent with the Act because it will provide appropriate
transparency to the Commission and market participants regarding the
change. Finally, as noted in the Purpose section, the Exchange is not
proposing to make any changes to the terms of the Original Filing other
than the implementation date.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).

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

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

    IEX does not believe that the proposal will result in any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. As explained above, the purpose of this proposal
is to modify the timing of the planned implementation of recently-
approved changes to IEX Rule 11.190(g) and to inform the Commission and
market participants of that change. The currently functionality of IEX
Rule 11.190(g) will continue to be available until the Original Filing
is implemented, and the implementation delay will impact all market
participants equally. The Exchange does not expect the implementation
date change to place any burden on competition. Rather, postponing
implementation will allow the Exchange to implement the original rule
change in a thorough and risk averse manner and is not designed for any
competitive purpose.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange states that
waiving the operative delay will permit the Exchange to implement the
proposal prior to expiration of the latest implementation date to the
original rule change, which the Exchange states will avoid any
potential confusion on the part of market participants or the
Commission as to when the original rule change will be implemented.
Based on the foregoing, the Commission believes that allowing this
proposal to become operative upon filing is consistent with the
protection of investors and the public interest. For this reason, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-IEX-2023-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2023-02. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-IEX-2023-02, and should be submitted on
or before March 15, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03582 Filed 2-21-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43696-43698]
[FR Doc No: 2019-18106]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0685]
RIN 1625-AA00

Safety Zone; Waterview Loft Wedding, Detroit River, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 120-yard radius of a portion of the Detroit
River, Detroit, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the Waterview Loft
Wedding Fireworks.

DATES: This temporary final rule is effective from 9:30 p.m. through 10
p.m. on August 31, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0685 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this fireworks display
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
Furthermore, immediate action is needed to allow the Coast Guard to
enhance the safety of this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with fireworks from 9:30 p.m. through 10
p.m. on August 31, 2019 will be a safety concern to anyone within a
120-yard radius of the launch site. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 p.m. through 10 p.m.
on August 31, 2019. The safety zone will encompass all U.S. navigable
waters of the Detroit River, Detroit, MI, within a 120-yard radius of
position 42[deg]19.529' N, 083[deg]02.436' W (NAD 83). No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a

budgeting process. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance it is exempt from the requirements
of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Detroit River from 9:30 p.m.
through 10 p.m. on August 31, 2019. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16
about the zone and the rule allows vessels to seek permission to enter
the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting one and a half
hours on two nights that will prohibit entry into a designated area. It
is categorically excluded from further review under paragraph L[60](a)
in Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED AC

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

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

0
2. Add Sec.  165.T09-0685 to read as follows:

Sec.  165.T09-0685  Safety Zone; Waterview Loft Wedding, Detroit, MI.

    (a) Location. A safety zone is established to include all U.S.
navigable waters of the Detroit River, Detroit, MI, within a 120-yard
radius of position 42[deg]19.529' N, 083[deg]02.436' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 9:30 p.m. until 10 p.m. on August 31, 2019.
    (c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his or her on-scene
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be

permitted by the COTP or his or her on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his or her behalf.
    (4) Vessel operators shall contact the COTP or his or her on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his or her on-scene representative may be
contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel operators
given permission to enter or operate in the regulated area must comply
with all directions given to them by the COTP or his or her on-scene
representative.

    Dated: August 16, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-18106 Filed 8-21-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41500-41502]
[FR Doc No: 2023-13594]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0509]
RIN 1625-AA00

Safety Zone; City of Toledo Fireworks; Maumee River; Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Maumee River in Toledo, OH. The safety zone is
needed to protect marine traffic and spectators from hazards associated
with the City of Toledo Fireworks. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Detroit, or his designated representative. This temporary
safety zone is necessary to protect marine traffic and spectators from
hazards associated with fireworks.

DATES: This rule is effective from 9 through 11:30 p.m. on July 1,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0509 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Karl Dirksmeyer, Marine Safety Unit Toledo, Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor notified the Coast
Guard with insufficient time to accommodate the comment period. Thus,
delaying the effective date of this rule to wait for the comment period
to run would be impracticable and contrary to the public interest
because it would prevent the Captain of the Port Detroit from keeping
marine traffic and spectators safe from hazards associated with the
City of Toledo Fireworks.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
ensure the safety of marine traffic and spectators from hazards
associated with the City of Toledo Fireworks.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with the City
of Toledo Fireworks on July 1, 2023, will be a safety concern within a
500 foot radius of the launch site along the Maumee River from 9 to
11:30 p.m. This rule is needed to protect marine traffic and spectators
in the navigable waters within the safety zone while the event is
taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 9
through 11:30 p.m. on July 1, 2023. The safety zone will encompass all
U.S. navigable waters of the Maumee River within a 500 foot radius of
the launch site at 41[deg]38'44'' N, 083[deg]31'51'' W. The duration of
the zone is intended to protect marine traffic and spectators in the
navigable waters while the City of Toledo Fireworks are taking place.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Detroit
or his designated representative. The Captain of the Port, Sector
Detroit or his designated representative may be contacted via VHF
Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration and time-of-day of the safety zone. This safety zone
would impact a small designated area of the Maumee River for a short
duration, during the evening when vessel traffic is normally low.
Vessel traffic will be able to transit after the time of the event.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting three and one half hours that will prohibit entry
within a 500 foot radius of the launch site along the Maumee River,
Toledo, OH. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-0509 to read as follows:

Sec.  165.T09-0509  Safety Zone; City Of Toledo Fireworks; Maumee
River; Toledo, OH.

    (a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the Maumee River within a within a 500-foot
radius of the launch site along the Maumee River, Toledo, OH located at
position 41[deg]38'44'' N, 083[deg]31'51'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
    (b) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated
representative.
    (3) The ``designated representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Detroit to act on his
behalf. The designated representative of the Captain of the Port
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port Detroit or his designated
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the

Captain of the Port Detroit or his designated representative.
    (c) Enforcement Period. This regulation will be enforced from 9
through 11:30 p.m. on July 1, 2023. The Captain of the Port Detroit, or
a designated representative may suspend enforcement of the safety zone
at any time.

    Dated: June 20, 2023.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-13594 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 19, 2007 (Volume 72, Number 12)]
[Notices]
[Page 2506]
[DOCID:fr19ja07-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF07-4081-000]

Southwestern Power Administration, Robert Douglas Willis
Hydropower Project; Notice of Filing

January 11, 2007.
    Take notice that on December 22, 2006, the Deputy Secretary, U.S.
Department of Energy, pursuant to the authority vested on the Deputy
Secretary by sections 301(b), 302(a), 402(e), 641, 642, 643 and 644 of
the Department of Energy Organization Act (Pub. L. 95-91) and by
Delegation Order Nos. 00-037.00, effective December 6, 2001, and 00-
001.00B, effective July 28, 2005, submitted the final confirmation and
approval, on an interim basis, the annual rate of $815,580 for the sale
of power and energy by the Southwestern Power Administration from the
Robert Douglas Will Hydropower Project to the Sam Rayburn Municipal
Power Agency, under Contract No. DE-PM-75-85SW00117, as amended,
effective for the period of January 1, 2007 through September 30, 2010.
This rate supersedes the annual rate which was confirmed and approved
on a final basis by the Commission on June 21, 2006 for the period of
January 1, 2006 through September 30, 2009, in Docket No. EF06-4081-
000.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm eastern time on January 22, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-661 Filed 1-18-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Notices]
[Page 13889]
[FR Doc No: 2020-04870]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER20-714-001.
    Applicants: Whitetail Solar 1, LLC.
    Description: Compliance filing: Revised Rate Schedule FERC No. 1 to
be effective 3/1/2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5102.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1155-000.
    Applicants: Midcontinent Independent System Operator, Inc., Otter
Tail Power Company.
    Description: Sec.  205(d) Rate Filing: 2020-03-03_SA 3439 OTP-Deuel
Harvest Wind Energy FSA (J526) BSSB In & Out to be effective 3/4/2020.
    Filed Date: 3/3/20.
    Accession Number: 20200303-5226.
    Comments Due: 5 p.m. ET 3/24/20.

    Docket Numbers: ER20-1156-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: PPTPP Development
Agreement--NYISO, LS Power Grid New York & NYPA to be effective 2/3/
2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5080.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1157-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-03-04_SA 3024
Broadlands-Ameren Illinois 1st Rev GIA (J468) to be effective 2/19/
2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5105.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1158-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-03-04_SA 3435 Entergy
Mississippi-Wildwood Solar GIA (J908) to be effective 2/19/2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5107.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1159-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA Service
Agreement No. 5602; Queue No. AE1-147 to be effective 2/4/2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5115.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1160-000.
    Applicants: Duke Energy Indiana, LLC.
    Description: Sec.  205(d) Rate Filing: 2020 Annual Reconciliation
Filing to be effective 7/1/2019.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5117.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1161-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-03-04_SA 3436 Entergy
Mississippi-Ragsdale Solar GIA (J830) to be effective 2/20/2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5126.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1162-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-03-04_SA 3437 Entergy
Louisiana-Catalyst Old River Hydroelectric GIA (J868) to be effective
2/20/2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5127.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1163-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to First Revised
WMPA No. 4869; Queue No. AD2-044/AC2-138 to be effective 2/22/2019.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5150.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1165-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Clean up to Sch. 12-Appx A
(JCPL), (APS), (AEP), (Dominion)--2020 Annual Update to be effective 1/
29/2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5210.
    Comments Due: 5 p.m. ET 3/25/20.

    Docket Numbers: ER20-1166-000.
    Applicants: Outlaw Wind Project, LLC.
    Description: Sec.  205(d) Rate Filing: SFA agreement filing to be
effective 5/4/2020.
    Filed Date: 3/4/20.
    Accession Number: 20200304-5228.
    Comments Due: 5 p.m. ET 3/25/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 4, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-04870 Filed 3-9-20; 8:45 am]
 BILLING CODE 6717-01-P