[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17343-17347]
[FR Doc No: 2011-7221]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0169; FRL-9286-8]

Approval and Promulgation of Implementation Plans; Nevada;
Determination of Attainment for the Clark County 8-Hour Ozone
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is determining that the Clark County (Nevada) 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone national ambient
air quality standards (NAAQS). This determination is based upon
complete, quality-assured, and certified ambient air monitoring data
that show the area has monitored attainment of the 1997 8-hour ozone
NAAQS for the 2007 to 2009 monitoring period. Preliminary air quality
monitoring data available for 2010 are consistent with continued
attainment. Based on this determination, the obligation for the State
of Nevada to submit an attainment demonstration and associated
reasonably available control measures (RACM), a reasonable further
progress (RFP) plan, contingency measures, and other planning
requirements related to attainment of the 1997 8-hour ozone NAAQS for
the Clark County ozone nonattainment area shall be suspended for as
long as the nonattainment area continues to meet the 1997 8-hour ozone
NAAQS. This action is being taken under the Clean Air Act (CAA).

DATES: This action is effective on May 31, 2011 without further notice,
unless EPA receives adverse comment by April 28, 2011. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2011-0169 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R09-OAR-2011-0169,'' Lisa Hanf, Chief, Air Planning
Office, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street (Air-2), San Francisco, California 94105.
    5. Hand Delivery or Courier: At the previously-listed EPA Region IX
address. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2011-0169. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or by e-mail information that you consider to be
CBI or otherwise protected. The http://www.regulations.gov Web site is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, for example, CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the Air Planning Office,
Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street (Air-2), San Francisco, California 94105. EPA requests
that if at all possible, you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection during
normal business hours.

FOR FURTHER INFORMATION CONTACT: John Kelly,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. What determination is EPA making?
II. What is the background for this action?
    A. The Clark County Ozone Nonattainment Area
    B. Determination of Attainment
    C. Ambient Air Quality Monitoring Data
III. What is the effect of this action?
    A. Determination of Attainment
    B. Subpart 1 Designation
IV. What is EPA's analysis of the relevant air quality data?
V. EPA's Final Action
VI. Statutory and Executive Order Reviews

I. What determination is EPA making?

    EPA is determining that the Clark County (Nevada) 8-hour ozone
nonattainment area (``Clark County ozone nonattainment area'') has
attained the 1997 8-hour ozone NAAQS. The Clark County ozone
nonattainment area is composed of a portion of Clark County in
Nevada.\1\ EPA's determination is based upon complete, quality-assured,
and certified ambient air quality monitoring data for the years 2007 to
2009 showing that the Clark County ozone nonattainment area has
monitored attainment of the 1997 8-hour ozone NAAQS. Preliminary air
quality monitoring data available for 2010 are consistent with
continued attainment.
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    \1\ The boundaries of the Clark County ozone nonattainment area
are defined in 40 CFR 81.329. Specifically, the area is defined as:
``That portion of Clark County that lies in hydrographic areas 164A,
164B, 165, 166, 167, 212, 213, 214, 216, 217, and 218 but excluding
the Moapa River Indian Reservation and the Fort Mojave Indian
Reservation.'' The area includes a significant portion of the
unincorporated portions of central and southern Clark County, as
well as the cities of Las Vegas, Henderson, North Las Vegas, and
Boulder City.
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    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 parts per million (ppm). On January 6, 2010,
EPA again addressed this 2008 revised standard and proposed to set the
primary 8-hour ozone standard within the range of 0.060 to 0.070 ppm,
rather than at 0.075 ppm. EPA is working to complete reconsideration of
the standard and thereafter will proceed with attainment/nonattainment
area designations. This rulemaking relates only to a determination of
attainment for the 1997 8-hour ozone standard and is not affected by
the ongoing process of reconsidering the revised 2008 standard. This
action addresses only the 1997 8-hour ozone standard of 0.08 ppm, and
does not address any subsequently revised 8-hour ozone standard.

II. What is the background for this action?

A. The Clark County Ozone Nonattainment Area

    In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 ppm averaged over an 8-hour timeframe. EPA set the 8-hour ozone
standard based on scientific evidence demonstrating that ozone causes
adverse health effects at lower ozone concentrations and over longer
periods of time, than was understood when the pre-existing 1-hour ozone
standard was set. EPA determined that the 8-hour standard would be more
protective of human health, especially children and adults who are
active outdoors, and individuals with a pre-existing respiratory
disease, such as asthma.
    On April 30, 2004 (69 FR 23858), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. In that action we designated Clark County as
nonattainment and provided that this designation would become effective
on June 15, 2004. Following the April 2004 final rule, the State of
Nevada submitted additional information requesting that the boundaries
of the area to be designated nonattainment be reconsidered. In
response, EPA granted a deferral of the effective date for Clark County
to consider this information. See 69 FR 34076 (June 18, 2004). On
September 17, 2004, EPA reduced the geographic extent of the ozone
nonattainment area to encompass a portion of, but not all of, Clark
County. See 69 FR 55956 (September 17, 2004) and 40 CFR 81.329. In
2005, we published a final rule that we would treat the effective date
of the partial-county nonattainment area designation the same as the
designations for the rest of the country, i.e., June 15, 2004. See 70
FR 71612 (November 29, 2005) and 40 CFR 51.917.

B. Determination of Attainment

    Under the provisions of EPA's ozone implementation rule for the
1997 ozone NAAQS (see 40 CFR 51.918), if EPA issues a determination
that an area is attaining the standard (through a rulemaking that
includes public notice and comment), it will suspend the area's
obligations to submit an attainment demonstration, RACM, RFP,
contingency measures and other planning requirements related to
attainment for as long as the area continues to attain. The
determination of attainment is not equivalent to a redesignation. The
State must still meet the statutory requirements for redesignation in
order to be redesignated to attainment.

C. Ambient Air Quality Monitoring Data

    Complete, quality-assured, and certified 8-hour ozone air quality
monitoring data for 2007 through 2009, as well as preliminary data
available to date for 2010, show that the Clark County ozone
nonattainment area has attained, and continues to attain, the 1997 8-
hour ozone NAAQS.

III. What is the effect of this action?

    As noted, under 40 CFR section 51.918, the effect of today's
determination of attainment is to suspend the obligation to submit
certain planning requirements described above; however, it does not
constitute a redesignation to attainment under section 107(d)(3) of the
CAA. The designation status of the Clark County ozone nonattainment
area remains nonattainment for the 1997 8-hour ozone NAAQS until such
time as EPA determines that the area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan.

A. Determination of Attainment

    EPA is determining that the Clark County ozone nonattainment area
is attaining the 1997 8-hour ozone NAAQS. In accordance with 40 CFR
51.918, based on this determination, the obligation under the CAA for
the State of Nevada to submit an attainment demonstration and RACM, RFP
plan, contingency measures, and any other planning requirements related
to attainment of the 1997 8-hour ozone NAAQS for the Clark County ozone
nonattainment area is suspended for so long as the area continues to
attain the 1997 8-hour ozone NAAQS. Although these requirements are
suspended, EPA is not precluded from acting upon these elements, if
Nevada submits them for EPA review and approval.
    The effect of this determination is to:
    (1) Suspend the requirements to submit an attainment demonstration,
RACM, RFP plan, contingency measures, and any other planning
requirements related to attainment of the 1997 8-hour ozone NAAQS;
    (2) Continue until such time, if any, that EPA (i) redesignates the
area to attainment at which time those requirements no longer apply, or
(ii) subsequently determines that the area has violated the 1997 8-hour
ozone NAAQS;
    (3) Be separate from, and not influence or otherwise affect, any
future designation determination or requirements for the area based on
any new or revised ozone NAAQS; and
    (4) Remain in effect regardless of whether EPA designates this area
as a nonattainment area for purposes of any new or revised ozone NAAQS.
    If EPA subsequently determines, after notice-and-comment
rulemaking, that the Clark County ozone nonattainment area has violated
the 1997 8-hour ozone NAAQS, the basis for the suspension of the
specific requirements, set forth at 40 CFR 51.918, would no longer
exist, and the Clark County ozone nonattainment area would thereafter
have to address applicable requirements.

B. Subpart 1 Designation

    Under the implementation rule for the 1997 8-hour ozone standard,
EPA designated certain areas under title I, part D, subpart 1 of the
CAA (subpart 1) if they had a 1-hour design value below 0.121 ppm. As
discussed above, in 2004, EPA designated a portion of Clark County
nonattainment under subpart 1 for the 1997 8-hour ozone standard. In
June 2007, the United States Court of Appeals for the District of
Columbia Circuit (DC Circuit Court) vacated the portion of the 1997
ozone implementation rule that allowed areas to be designated under
subpart 1. On January 16, 2009 (74 FR 2936), EPA published a proposed
rule to address, among other issues, the DC Circuit Court vacatur of
the classification system that EPA used to designate a subset of
initial 1997 8-hour ozone nonattainment areas under subpart 1. In that
rulemaking, EPA proposed that all areas designated nonattainment for
the 1997 8-hour ozone NAAQS under subpart 1 would be classified as
subpart 2 areas (hereafter referred to as the ``Subpart 1/Subpart 2
1997 8-Hour Ozone Rulemaking''). The Clark County ozone nonattainment
area is among those areas that would be classified under subpart 2 if
EPA's proposal is finalized. EPA has not yet completed its final
rulemaking action for the Subpart 1/Subpart 2 1997 8-Hour Ozone
Rulemaking. When the Subpart 1/Subpart 2 1997 8-Hour Ozone Rulemaking
is finalized, and if the Clark County ozone nonattainment area
continues in attainment for the 1997 8-hour ozone NAAQS, EPA will
address in a future rulemaking the consequences of a determination of
attainment for any requirements to which the Clark County ozone
nonattainment area becomes subject as a result of its reclassification.
If, after the Clark County ozone nonattainment area is classified under
subpart 2, EPA determines in a future rulemaking that the Clark County
ozone nonattainment area continues to be in attainment, then the
obligation to submit the applicable attainment planning-related
requirements for its new classification would be suspended in
accordance with 40 CFR 51.918.

IV. What is EPA's analysis of the relevant air quality data?

    A determination of whether an area's air quality meets the ozone
NAAQS is generally based upon the most recent three years of complete,
quality-assured data gathered at established National Air Monitoring
Stations (``NAMS'') or State and Local Air Monitoring Stations
(``SLAMS'') in the nonattainment area and entered into the EPA Air
Quality System (``AQS'') database. Data from air monitors operated by
State/local agencies in compliance with EPA monitoring requirements
must be submitted to the EPA AQS database. Heads of monitoring agencies
annually certify that these data are accurate to the best of their
knowledge. Accordingly, EPA relies primarily on data in its AQS
database when determining the attainment status of areas. See 40 CFR
50.10; 40 CFR part 50, appendix I; 40 CFR part 53; 40 CFR part 58,
appendices A, C, D and E. All data are reviewed to determine the area's
air quality status in accordance with 40 CFR part 50, appendix I.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone
standard is attained at a site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.08 ppm. See 40 CFR 50.10. This
3-year average is referred to as the design value. When the design
value is less than or equal to 0.084 ppm (based on the rounding
convention in 40 CFR part 50, appendix I) at each monitoring site
within the area, then the area is meeting the NAAQS. The data
completeness requirement is met when the three-year average percent of
days with valid ambient monitoring data is greater than 90%, and no
single year has less than 75% data completeness as determined in
Appendix I of 40 CFR Part 50.
    The Clark County Department of Air Quality & Environmental
Management (DAQEM) is responsible for monitoring ambient air quality
within Clark County. DAQEM submits monitoring network plan reports to
EPA on an annual basis. These reports discuss the status of the air
monitoring network, as required under 40 CFR part 58. Beginning in
2007, EPA reviews these annual plans for compliance with the applicable
reporting requirements in 40 CFR 58.10. With respect to ozone, we have
found DAQEM's annual network plans to meet the applicable requirements
under 40 CFR part 58. See EPA letters to DAQEM concerning DAQEM's
annual network plan reports for years 2007, 2008, 2009 and 2010.
Furthermore, we concluded in our Technical System Audit Report
(February 2010) that Clark County DAQEM's ambient air monitoring
network currently meets or exceeds the requirements for the minimum
number of monitoring sites designated as State and local air monitoring
stations (SLAMS) for all of the criteria pollutants, and that all of
the monitoring sites are properly located with respect to monitoring
objectives, spatial scales and other site criteria. Also, DAQEM
annually certifies that the data it submits to AQS are complete and
quality-assured. See, e.g., letter dated April 14, 2010, from Lewis
Wallenmeyer, Director, DAQEM, to Jared Blumenfeld, EPA Region IX
Regional Administrator.
    Clark County DAQEM operated 12 ozone SLAMS monitoring sites over
the 2007-2010 period within the Clark County ozone nonattainment area:
Apex (Apex Valley), Boulder City (City of Boulder City), Craig Road
(City of North Las Vegas), J.D. Smith School (City of North Las Vegas),
Jean (City of Jean, south of Las Vegas), Joe Neal (northwest Las
Vegas), Lone Mountain (northwest Las Vegas), Orr School (central-
southeast Las Vegas), Paul Meyer Park (southwest Las Vegas), Palo Verde
School (west Las Vegas), Walter Johnson (west Las Vegas), and
Winterwood (southeast Las Vegas). All 12 sites monitor ozone
concentrations on a continuous basis using ultraviolet absorption
monitors.\2\ The spatial scale and monitoring objective of most of
DAQEM's ozone monitoring sites are ``neighborhood'' and ``population
exposure,'' respectively. The exceptions are the Apex and Jean sites,
whose spatial scale and monitoring objective is ``regional'' and
``regional transport,'' respectively, and the Joe Neal site, whose
spatial scale is ``neighborhood'' and monitoring objective is ``highest
concentration.'' See Clark County DAQEM's Annual Network Plan Report
(June 2010).
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    \2\ DAQEM operates Federal equivalent method (FEM) monitors for
ozone. Specifically, API 400 Series ultraviolet absorption monitors.
See ``Annual Network Plan Report'', page 13, June 2010. These
monitoring devices have an EPA designation number EQOA-0992-087. See
EPA ``List of Designated Reference and Equivalent Methods'', page
27, February 1, 2011, available at: http://www.epa.gov/ttn/amtic/criteria.html.
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    Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the ozone ambient air monitoring data for the monitoring
period from 2007 through 2009 collected at the monitoring sites
discussed above, as recorded in AQS. On the basis of that review, EPA
has concluded that this area attained the 1997 8-hour ozone NAAQS based
on data for the 2007-2009 ozone seasons. Table 1 shows the ozone design
values for the Clark County ozone nonattainment area monitors based on
2007-2009 ambient air quality monitoring data. Preliminary data
available for 2010, summarized in table

2, are also consistent with continued attainment.\3\
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    \3\ For 2010, DAQEM has reported three calendar quarters of data
for Apex, Boulder City and Craig Road. Lone Mountain and Orr School
monitors closed in April, 2010. The rest of the monitoring stations
in the Clark County ozone nonattainment area reflect four quarters
of monitoring data for 2010.

               Table 1--2007-2009 Clark County Ozone Nonattainment Area 8-Hour Ozone Design Values
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                                                                                2007-2009
                 DAQEM Monitoring site                    Monitoring  site    Average % data    2007-2009 Design
                                                                 ID            completeness       value  (ppm)
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Apex...................................................        32-003-0022                 96              0.074
Boulder City...........................................        32-003-0601                 92              0.072
Craig Road.............................................        32-003-0020                 97              0.072
J.D. Smith.............................................        32-003-2002                 98              0.073
Jean...................................................        32-003-1019                 96              0.076
Joe Neal School........................................        32-003-0075                 98              0.078
Lone Mountain..........................................        32-003-0072                 98              0.076
Orr School.............................................        32-003-1021                 97              0.074
Paul Meyer Park........................................        32-003-0043                 97              0.077
Palo Verde School......................................        32-003-0073                 97              0.075
Walter Johnson.........................................        32-003-0071                 97              0.078
Winterwood.............................................        32-003-0538                 92              0.072
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         Table 2--Preliminary 2008-2010 Clark County Ozone Nonattainment Area 8-Hour Ozone Design Values
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                                                                                2008-2010      Preliminary  2008-
                 DAQEM Monitoring site                    Monitoring  site    Average % data   2010 design value
                                                                 ID            completeness          (ppm)
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Apex...................................................        32-003-0022                 87              0.069
Boulder City...........................................        32-003-0601                 84              0.070
Craig Road.............................................        32-003-0020                 88              0.070
J.D. Smith.............................................        32-003-2002                 98              0.069
Jean...................................................        32-003-1019                 97              0.073
Joe Neal School........................................        32-003-0075                 98              0.076
Lone Mountain..........................................        32-003-0072                 76              0.070
Orr School.............................................        32-003-1021                 75              0.068
Paul Meyer Park........................................        32-003-0043                 98              0.072
Palo Verde School......................................        32-003-0073                 98              0.072
Walter Johnson.........................................        32-003-0071                 97              0.074
Winterwood.............................................        32-003-0538                 94              0.069
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    EPA's review of these data indicates that the Clark County ozone
nonattainment area has met the 1997 8-hour ozone NAAQS. Preliminary air
quality monitoring data available for 2010 are consistent with
continued attainment.

V. EPA's Final Action

    EPA is determining that the Clark County (Nevada) 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS based on
2007-2009 complete, quality-assured, and certified ambient air quality
monitoring data. Preliminary data available to date for 2010 are
consistent with continued attainment. As provided in 40 CFR 51.918,
this determination of attainment suspends the requirements for the
State of Nevada to submit, for the Clark County ozone nonattainment
area, an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning requirements related to
attainment of the 1997 8-hour ozone NAAQS as long as the area continues
to attain the 1997 8-hour ozone NAAQS.
    We are publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal should adverse comments be filed. This
action will be effective May 31, 2011, without further notice unless
the EPA receives relevant adverse comments by April 28, 2011.
    If we receive such comments, then we will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. We will not
institute a second comment period. Parties interested in commenting
should so at this time. If no such comments are received, the public is
advised that this rule will be effective on May 31, 2011 and no further
action will be taken on the proposed rule.

VI. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air
quality and suspends certain Federal requirements, and does not impose
additional requirements beyond those imposed by State law. For that
reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this determination that the Clark County ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS does not
have Tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the SIP is not approved to apply in
Indian country located in the State, and EPA notes that it will not
impose substantial direct costs on Tribal governments or preempt Tribal
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 31, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: March 15, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-7221 Filed 3-28-11; 8:45 am]
BILLING CODE 6560-50-P


While the voluntary provisions of the rule related to episodic generation may reduce the stringency of requirements for some SQGs and CESQGs, EPA does not expect that these changes will lead to increased risk for low-income or minority populations.  This portion of the rule will still require that hazardous waste generated on an episodic basis is managed in a permitted unit on-site or at a permitted offsite TSDF, minimizing exposure risk for low-income and minority populations in the area.
Children's Health Protection Analysis
EO 13045, entitled "Protection of Children from Environmental Health Risks and Safety Risks" (62 FR. 19885, April 23, 1997) applies to any rule that: (1) is determined to be "economically significant" as defined under EO 12866, or (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.
EPA does not anticipate that the proposed rule would lead to a disproportionate negative impact on children.  As described in the environmental justice discussion above, the proposed rule includes several provisions that would reduce risks for populations in close proximity to generator facilities.  These reductions in risk represent a benefit for all segments of the population, including children.
Joint Impacts of Rules
Some of the hazardous waste generators regulated by the provisions of the proposed rule are also subject to RCRA requirements for TSDFs.  Combined, the proposed changes to the generator standards and the existing regulations for TSDFs would ensure that the management of waste by facilities subject to both sets of regulations is protective of human health and the environment.


                       EPA Meeting with Region 5 Tribes
                               February 21, 2012

EPA Region 5 staff participated in the Region 5 Tribal Environmental Program Management Conference.  EPA staff led the break out session titled "Proposed New Federal Requirements for Underground Storage Tanks."  The main focus of this session was on the proposed underground storage tank rules.  The discussion also included a quick review of the current rules and a brief summary of tank and compliance data on tribal lands.  EPA distributed the document "Comparison Of 1988 UST Regulations And Proposed UST Regulations" dated October 2011 which is on EPA OUST's website.

Attendees:
EPA
Mark Restaino, EPA Region 5
Gary Westefer, EPA Region 5
Laura Lodisio, EPA Region 5
Ed Fairbanks, EPA Region 5

BIA
Scott Doig, BIA, MRO
Fred Vandeventer, BIA

Tribes
Victoria Flowers, Oneida Tribes
Thurlow McClellan, Grand Traverse Band
Tara Geshick, Bois Forte Band
Kristen Hanson, Lac du Flambeau Band
Kevin Gunderson, Ho-Chunk Nation
Tina VanZile, Sokaogon Chippewa Community
Dee Ann Allen Mayo, Lac du Flambeau Band
Brad Frazier, Prairie Island Indian Community
Katherine Krusi, Keweenaw Bay Indian Community
Char Spruce, Keweenaw Bay Indian Community
L. Scott Wieting, Hannahville Indian Community
Michael Whitt, Shakopee Mdewakanton Sioux Community
David Smith, Fond Du Lac
Lauren Harmen, Oneida Tribes
Scott Hansen, Mille Lacs Band
John Le Balnc Red Lake Band
Bruce Haapala, Lac Vieux Desert Chippewa
Melissa Porter, Grand Traverse Band
Rebecca Harbison, Little Traverse Bay Band
Stan Ellison, Shakopee Mdewakanton Sioux Community


[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Rules and Regulations]
[Pages 75754-75756]
[FR Doc No: 2014-29789]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0761; FRL-9919-26]

Tobacco Mild Green Mosaic Tobamovirus Strain U2; Amendment to an
Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation amends the existing temporary tolerance
exemption for Tobacco mild green mosaic tobamovirus by establishing a
permanent exemption from the requirement of a tolerance for residues of
Tobacco mild green mosaic tobamovirus strain U2 in or on all
commodities of crop groups 17 and 18 when applied as a post-emergent
herbicide and used in accordance with label directions and good
agricultural practices. Interregional Research Project Number 4 (IR-4)
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of Tobacco mild green mosaic tobamovirus
strain U2 under FFDCA.

DATES: This regulation is effective December 19, 2014. Objections and
requests for hearings must be received on or before February 17, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2013-0761, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),

Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2013-0761 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
February 17, 2015. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2013-0761, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of February 21, 2014 (79 FR 9870) (FRL-
9904-98), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 3E8181) by IR-4, 500 College Rd. East, Suite 201W,
Princeton, NJ 08540. The petition requested that 40 CFR part 180 be
amended by establishing an exemption from the requirement of a
tolerance for residues of Tobacco mild green mosaic tobamovirus strain
U2. That document referenced a summary of the petition prepared by the
petitioner IR-4, which is available in the docket via http://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption,
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on Tobacco
mild green mosaic tobamovirus strain U2 and considered its validity,
completeness, and reliability, as well as the relationship of this
information to human risk. A full explanation of the data upon which
EPA relied and its risk assessment based on those data can be found
within the October 30, 2014, document entitled ``Federal Food, Drug,
and Cosmetic Act (FFDCA) Considerations for Tobacco mild green mosaic
tobamovirus strain U2.'' This document, as well as other relevant
information, is available in the docket for this action as described
under ADDRESSES. Based upon its evaluation, EPA concludes that there is
a reasonable certainty that no harm will result to the U.S. population,
including infants and children, from aggregate exposure to residues of
Tobacco mild green mosaic tobamovirus strain U2. Therefore, the
existing temporary tolerance exemption for Tobacco mild green mosaic
tobamovirus is amended by establishing a permanent exemption from the
requirement of a tolerance for residues of Tobacco mild green mosaic
tobamovirus strain U2 in or on all commodities of crop groups 17 and 18
when applied as a post-emergent herbicide and used in accordance with
label directions and good agricultural practices.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes for
the reasons contained in the October 30, 2014, document entitled
``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for
Tobacco mild green mosaic tobamovirus strain U2'' and because EPA is
establishing an exemption from the requirement of a

tolerance without any numerical limitation.

C. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. In this
context, EPA considers the international maximum residue limits (MRLs)
established by the Codex Alimentarius Commission (Codex), as required
by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United
Nations Food and Agriculture Organization/World Health Organization
food standards program, and it is recognized as an international food
safety standards-setting organization in trade agreements to which the
United States is a party. EPA may establish a tolerance that is
different from a Codex MRL; however, FFDCA section 408(b)(4) requires
that EPA explain the reasons for departing from the Codex level.
    The Codex has not established a MRL for Tobacco mild green mosaic
tobamovirus strain U2.

D. Revisions to Petitioned-for Tolerance Exemption

    In the Federal Register document of February 21, 2014, EPA
announced IR-4's filing of a pesticide petition that proposed
establishing an exemption from the requirement of a tolerance for
residues of Tobacco mild green mosaic tobamovirus strain U2. In 2009,
EPA established a temporary tolerance exemption for Tobacco mild green
mosaic tobamovirus (40 CFR 180.1276). The active ingredient described
in this provision is the same active ingredient that is before EPA
currently for a decision on a tolerance exemption petition, although,
in accordance with 40 CFR 158.2100(c)(2), the petitioner has now added
a unique identifier/strain designation after the microbe's taxonomic
name. Since a temporary tolerance exemption for Tobacco mild green
mosaic tobamovirus already exists at 40 CFR 180.1276, EPA has decided
to amend this particular section instead of establishing a new
tolerance exemption section in 40 CFR part 180. With the presence of
only one section in 40 CFR part 180 dedicated to tolerance exemptions
associated with this microbial active ingredient and the replacement of
a dated temporary tolerance exemption with a permanent tolerance
exemption, EPA believes this action will, in the future, help avoid the
potential for confusion amongst the regulated community and any other
individuals interested in this action.

IV. Statutory and Executive Order Reviews

    This action amends a tolerance exemption under FFDCA section 408(d)
in response to a petition submitted to EPA. The Office of Management
and Budget (OMB) has exempted these types of actions from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this action has been exempted from
review under Executive Order 12866, this action is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), or Executive Order 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are amended on the basis of a
petition under FFDCA section 408(d), such as the tolerance exemption in
this action, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA has determined that this
action will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, EPA has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this action. In addition, this action does not
impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: December 11, 2014.
Jack Housenger,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.1276 is revised to read as follows:

Sec.  180.1276  Tobacco mild green mosaic tobamovirus strain U2;
exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Tobacco mild green mosaic tobamovirus strain U2 in or on
all commodities of crop groups 17 and 18 when applied as a post-
emergent herbicide and used in accordance with label directions and
good agricultural practices.

[FR Doc. 2014-29789 Filed 12-18-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6743-6745]
[FR Doc No: 2013-02072]

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

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2013-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing

BFEs and modified BFEs for each community. This date may be obtained by
contacting the office where the maps are available for inspection as
indicated in the table below.

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy 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:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet      Communities  affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                   Allen County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1192
----------------------------------------------------------------------------------------------------------------
Auglaize River.........................  Approximately 0.7 mile                 + 909  Unincorporated Areas of
                                          downstream of Greely                          Allen County.
                                          Chapel Road.
                                         Approximately 750 feet                 + 965
                                          upstream of Faulkner
                                          Road.
Dug Run................................  At the Ottawa River                    + 780  City of Lima,
                                          confluence.                                   Unincorporated Areas of
                                                                                Allen County.
                                         Approximately 100 feet                 + 827
                                          downstream of North
                                          Cable Road.
Dug Run Tributary......................  At the Dug Run confluence              + 813  Unincorporated Areas of
                                                                                Allen County.
                                         At the downstream side of              + 823
                                          Eastown Road.
Flat Fork Creek........................  Approximately 0.4 mile                 + 762  Unincorporated Areas of
                                          downstream of East 7th                        Allen County.
                                          Street.
                                         Approximately 0.6 mile                 + 776
                                          upstream of State
                                          Highway 66 (Spencerville
                                          Avenue).
Freed Ditch............................  At the Little Ottawa                   + 867  Unincorporated Areas of
                                          River confluence.                             Allen County, Village of
                                                                                Fort Shawnee.
                                         Approximately 1,600 feet               + 870
                                          upstream of the Little
                                          Ottawa River confluence.
Hog Creek..............................  At the Ottawa River                    + 900  Unincorporated Areas of
                                          confluence.                                   Allen County.
                                         At the downstream side of              + 924
                                          County Highway 15
                                          (Hardin Road).
Jennings Creek.........................  Approximately 400 feet                 + 760  City of Delphos,
                                          downstream of Pohlman                         Unincorporated Areas of
                                          Road.                                         Allen County.
                                         Approximately 200 feet                 + 760
                                          upstream of Pohlman Road.

Little Ottawa River....................  At the Ottawa River                    + 827  Unincorporated Areas of
                                          confluence.                                   Allen County, Village of
                                                                                Fort Shawnee.
                                         Approximately 0.8 mile                 + 881
                                          upstream of Hume Road.
Little Riley Creek.....................  At the upstream side of                + 820  Unincorporated Areas of
                                          Columbus Grove Bluffton                       Allen County.
                                          Road.
                                         Approximately 150 feet                 + 820
                                          upstream of Columbus
                                          Grove Bluffton Road.
Lost Creek.............................  At the Ottawa River                    + 863  Unincorporated Areas of
                                          confluence.                                   Allen County.
                                         At the downstream side of              + 928
                                          Cool Road.
Lost Creek Tributary...................  At the downstream side of              + 875  Unincorporated Areas of
                                          State Highway 117/309.                        Allen County.
                                         Approximately 50 feet                  + 875
                                          upstream of State
                                          Highway 117/309.
Ottawa River...........................  Approximately 1.1 miles                + 767  City of Lima,
                                          downstream of Lincoln                         Unincorporated Areas of
                                          Highway.                                      Allen County, Village of
                                                                                Elida.
                                         At the Hog Creek                       + 900
                                          confluence.
Pike Run...............................  At the Ottawa River                    + 769  City of Lima,
                                          confluence.                                   Unincorporated Areas of
                                                                                Allen County.
                                         Approximately 300 feet                 + 829
                                          downstream of Knollwood
                                          Drive.
Sugar Creek............................  Approximately 1.2 miles                + 776  City of Lima,
                                          downstream of Hookwaltz                       Unincorporated Areas of
                                          Road.                                         Allen County.
                                         At the downstream side of              + 881
                                          Phillips Road.
Unnamed tributary No. 3 to Little        Approximately 1,500 feet               + 835  Unincorporated Areas of
 Ottawa River.                            upstream of the Little                        Allen County, Village of
                                          Ottawa River confluence.                      Fort Shawnee.
                                         Approximately 0.5 mile                 + 839
                                          upstream of the Little
                                          Ottawa River 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 Delphos
Maps are available for inspection at City Hall, 608 North Canal Street, Delphos, OH 45833.

City of Lima
Maps are available for inspection at City Hall, 50 Town Square, Lima, OH 45801.

Unincorporated Areas of Allen County
Maps are available for inspection at the Allen County Courthouse, 301 North Main Street, Lima, OH 45802.

Village of Elida
Maps are available for inspection at the Village Hall, 200 West Main Street, Elida, OH 45807.

Village of Fort Shawnee
Maps are available for inspection at the Village Hall, 2050 West Breese Road, Fort Shawnee, OH 45806.
----------------------------------------------------------------------------------------------------------------

(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. 2013-02072 Filed 1-30-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70605-70606]
[FR Doc No: 2020-24549]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-251-000]

Degrees3 Transportation Solutions, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Degrees3 Transportation Solutions, LLC's application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 19, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter

the docket number excluding the last three digits in the docket number
field to access the document. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact the Federal Energy Regulatory Commission
at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.

    Dated: October 30, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24549 Filed 11-4-20; 8:45 am]
BILLING CODE 6717-01-P