[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Rules and Regulations]
[Pages 18938-18942]
[FR Doc No: 2011-8117]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Deputy Federal Insurance and Mitigation
Administrator has resolved any appeals resulting from this
notification.
    The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFE determinations are
available for inspection.
    The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities.
    These modified BFEs are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after these
elevations are made final, and for the contents in those buildings. The
changes in BFEs are in accordance with 44 CFR 65.4.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

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

PART 65--[AMENDED]

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

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

Sec.  65.4  [Amended]

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

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Cullman (FEMA Docket No.: B-    City of Cullman (10-   June 1, 2010; June    The Honorable Max A.       October 6, 2010................       010209
     1146).                          04-0559P).             8, 2010; The          Towson, Mayor, City of
                                                            Cullman Times.        Cullman, 204 2nd Avenue
                                                                                Northeast, Cullman, AL
                                                                                35055.
    Houston (FEMA Docket No.: B-    City of Dothan (10-04- July 9, 2010; July    The Honorable Mike         November 15, 2010..............       010104
     1150).                          5284P).                16, 2010; The         Schmitz, Mayor, City of
                                                            Dothan Eagle.         Dothan, P.O. Box 2128,
                                                                                Dothan, AL 36303.
Arizona:
    Maricopa (FEMA Docket No.: B-   City of Tempe (10-09-  September 16, 2010;   The Honorable Hugh         January 21, 2011...............       040054
     1160).                          2035P).                September 23, 2010;   Hallman, Mayor, City of
                                                            Arizona Business      Tempe, 31 East 5th
                                                            Gazette.              Street, Tempe, AZ 85281.
    Mojave (FEMA Docket No.: B-     Fort Mojave Indian     September 10, 2010;   Mr. Timothy Williams,      August 31, 2010................       040133
     1160).                          Reservation (10-09-    September 17, 2010;   Chairman, Fort Mojave,
                                     1826P).                The Kingman Daily     Indian Reservation, 500
                                                            Miner.                Merriman Avenue,
                                                                                Needles, CA 92363.
    Navajo (FEMA Docket No.: B-     City of Show Low (09-  July 9, 2010; July    The Honorable Rick         June 28, 2010..................       040069
     1150).                          09-2789P).             16, 2010; White       Fernau, Mayor, City of
                                                            Mountain              Show Low, 550 North 9th
                                                            Independent.          Place, Show Low, AZ
                                                                                85901.
    Pinal (FEMA Docket No.: B-      Town of Florence (10-  September 24, 2010;   The Honorable Vikki        January 31, 2011...............       040084
     1160).                          09-1057P).             October 1, 2010;      Kilvinger, Mayor, Town
                                                            Casa Grande           of Florence, 775 North
                                                            Dispatch.             Main Street, Florence,
                                                                                AZ 85132.
    Yavapai (FEMA Docket No.: B-    Unincorporated areas   August 27, 2010;      Ms. Carol Springer,        January 3, 2011................       040093
     1160).                          of Yavapai County      September 3, 2010;    Chair, Yavapai County
                                     (10-09-0965P).         The Daily Courier.    Board of Supervisors,
                                                                                1015 Fair Street,
                                                                                Prescott, AZ 86305.
    Yavapai (FEMA Docket No.: B-    Unincorporated areas   July 9, 2010; July    Ms. Carol Springer,        November 15, 2010..............       040093
     1150).                          of Yavapai County      16, 2010; The Daily   Chair, Yavapai County
                                     (10-09-2672P).         Courier.              Board of Supervisors,
                                                                                1015 Fair Street,
                                                                                Prescott, AZ 86305.
California:
    Merced (FEMA Docket No.: B-     City of Merced (10-09- July 9, 2010; July    The Honorable Bill         November 15, 2010..............       060191
     1150).                          0548P).                16, 2010; Merced      Spriggs, Mayor, City of
                                                            Sun-Star.             Merced, 678 West 18th
                                                                                Street, Merced, CA 95340.
    Riverside (FEMA Docket No.: B-  City of Riverside (10- September 3, 2010;    The Honorable Ronald O.    August 27, 2010................       060260
     1160).                          09-0680P).             September 10, 2010;   Loveridge, Mayor, City
                                                            The Press-            of Riverside, 3900 Main
                                                            Enterprise.           Street, Riverside, CA
                                                                                92522.
    Sacramento (FEMA Docket No.: B- City of Sacramento     July 9, 2010; July    The Honorable Kevin        November 15, 2010..............       060266
     1150).                          (10-09-0525P).         16, 2010; The         Johnson, Mayor, City of
                                                            Sacramento Bee.       Sacramento, 915 I
                                                                                Street, 5th Floor,
                                                                                Sacramento, CA 95814.
    San Bernardino (FEMA Docket     City of Colton (09-09- July 9, 2010; July    The Honorable David        November 15, 2010..............       060273
     No.: B-1150).                   2788P).                16, 2010; San         Zamora, Mayor, City of
                                                            Bernardino Bulletin.  Colton, 650 North La
                                                                                Cadena Drive, Colton, CA
                                                                                92324.
    San Bernardino (FEMA Docket     City of San            July 9, 2010; July    The Honorable Patrick J.   November 15, 2010..............       060281
     No.: B-1150).                   Bernardino (09-09-     16, 2010; San         Morris, Mayor, City of
                                     2788P).                Bernardino Bulletin.  San Bernardino, 300
                                                                                North D Street, 6th
                                                                                Floor, San Bernardino,
                                                                                CA 92418.
    Santa Barbara (FEMA Docket      Unincorporated areas   July 9, 2010; July    Ms. Joni Gray, Chair,      June 29, 2010..................       060331
     No.: B-1150).                   of Santa Barbara       16, 2010; Santa       Santa Barbara County
                                     County (10-09-1185P).  Barbara News-Press.   Board of Supervisors,
                                                                                385 North Arrowhead
                                                                                Avenue, 5th Floor, San
                                                                                Bernardino, CA 92415.
    Santa Clara (FEMA Docket No.:   City of Milpitas(10-   October 12, 2010;     The Honorable Jose         September 30, 2010.............       060344
     B-1165).                        09-1254P).             October 19, 2010;     Esteves, Mayor, City of
                                                            San Jose Mercury      Milpitas, 455 East
                                                            News.                 Calaveras Boulevard,
                                                                                Milpitas, CA 95035.
    Santa Clara (FEMA Docket No.:   Unincorporated areas   June 30, 2010; July   Mr. Ken Yeager, Chairman,  June 23, 2010..................       060337
     B-1150).                        of Santa Clara         7, 2010; Santa        Santa Clara County Board
                                     County (09-09-2556P).  Clara Weekly.         of Supervisors, 70 West
                                                                                Hedding Street, 10th
                                                                                Floor, San Jose, CA
                                                                                95110.
    Shasta (FEMA Docket No.: B-     City of Anderson (10-  October 13, 2010;     The Honorable Norma        September 30, 2010.............       060359
     1165).                          09-1399P).             October 20, 2010;     Comnick, Mayor, City of
                                                            Anderson Valley       Anderson, 1887 Howard
                                                            Post.                 Street, Anderson, CA
                                                                                96007.
    Shasta (FEMA Docket No.: B-     Unincorporated areas   October 13, 2010;     Mr. Les Baugh, Chairman,   September 30, 2010.............       060358
     1165).                          of Shasta County (10-  October 20, 2010;     Shasta County Board of
                                     09-1399P).             Anderson Valley       Supervisors, 1450 Court
                                                            Post.                 Street, Suite 308B,
                                                                                Redding, CA 96001.
    Ventura (FEMA Docket No.: B-    City of Simi Valley    July 9, 2010; July    The Honorable Bob Huber,   November 15, 2010..............       060421
     1150).                          (10-09-2783P).         16, 2010; The         Mayor, City of Simi
                                                            Ventura County Star.  Valley, 2929 Tapo Canyon
                                                                                Road, Simi Valley, CA
                                                                                93063.
Colorado:
    Arapahoe (FEMA Docket No.: B-   City of Aurora (10-08- September 9, 2010;    The Honorable Ed Tauer,    January 14, 2011...............       080002
     1165).                          0276P).                September 16, 2010;   Mayor, City of Aurora,
                                                            Aurora Sentinel.      15151 East Alameda
                                                                                Parkway, 5th Floor,
                                                                                Aurora, CO 80012.
    Douglas (FEMA Docket No.: B-    Town of Parker (10-08- October 7, 2010;      The Honorable David        October 29, 2010...............       080310
     1165).                          0768P).                October 14, 2010;     Casiano, Mayor, Town of
                                                            Douglas County News-  Parker, 20120 East
                                                            Press.                Mainstreet, Parker, CO
                                                                                80138.

    Douglas (FEMA Docket No.: B-    Unincorporated areas   October 7, 2010;      Ms. Jill E. Reppela,       October 29, 2010...............       080049
     1165).                          of Douglas County      October 14, 2010;     Chair, Douglas County
                                     (10-08-0768P).         Douglas County News-  Board of Commissioners,
                                                            Press.                100 3rd Street, Castle
                                                                                Rock, CO 80104.
    Gunnison (FEMA Docket No.: B-   City of Gunnison (09-  June 10, 2010; June   The Honorable Stu          October 15, 2010...............       080080
     1146).                          08-0466P).             17, 2010; The         Ferguson, Mayor, City of
                                                            Gunnison Country      Gunnison, 201 West
                                                            Times.                Virginia Avenue,
                                                                                Gunnison, CO 81230.
    Gunnison (FEMA Docket No.: B-   Unincorporated areas   June 10, 2010; June   Mr. Hap Channell,          October 15, 2010...............       080078
     1146).                          of Gunnison County     17, 2010; The         Chairman, Gunnison
                                     (09-08-0466P).         Gunnison Country      County Board of
                                                            Times.                Commissioners, 200 East
                                                                                Virginia Avenue, Suite
                                                                                104, Gunnison, CO 81230.
    Jefferson (FEMA Docket No.: B-  City of Westminster    September 16, 2010;   The Honorable Nancy        January 21, 2011...............       080008
     1160).                          (10-08-0546P).         September 23, 2010;   McNally, Mayor, City of
                                                            Westminster Window.   Westminster, 4800 West
                                                                                92nd Avenue,
                                                                                Westminster, CO 80031.
    Jefferson (FEMA Docket No.: B-  Unincorporated areas   September 16, 2010;   Ms. Faye Griffin, Chair,   January 21, 2011...............       080087
     1160).                          of Jefferson County    September 23, 2010;   Jefferson County Board
                                     (10-08-0546P).         Westminster Window.   of Commissioners, 100
                                                                                Jefferson County
                                                                                Parkway, Golden, CO
                                                                                80419.
    Pueblo (FEMA Docket No.: B-     City of Pueblo (10-08- September 3, 2010;    Mr. Ray Aguilera,          January 10, 2011...............       085077
     1160).                          0862P).                September 10, 2010;   President, Pueblo City
                                                            The Pueblo            Council, 200 South Main,
                                                            Chieftain.            Pueblo, CO 81003.
    Weld (FEMA Docket No.: B-1146)  Town of Milliken (09-  June 18, 2010; June   The Honorable L. Jane      October 25, 2010...............       080187
                                     08-0927P).             25, 2010; The         Lichtfuss, Mayor, Town
                                                            Tribune.              of Milliken, 1101 Broad
                                                                                Street, Milliken, CO
                                                                                80543.
    Weld (FEMA Docket No.: B-1146)  Unincorporated areas   June 18, 2010; June   Ms. Barbara Kirkmeyer,     October 25, 2010...............       080266
                                     of Weld County (09-    25, 2010; The         Chair, Weld County Board
                                     08-0927P).             Tribune.              of Commissioners, 915
                                                                                10th Street, P.O. Box
                                                                                758, Greeley, CO 80632.
Florida:
    Bay (FEMA Docket No.: B-1146).  City of Panama City    June 25, 2010; July   The Honorable Gayle        November 2, 2010...............       120013
                                     Beach (10-04-2741P).   2, 2010; The News     Oberst, Mayor, City of
                                                            Herald.               Panama City Beach, 110
                                                                                South Arnold Road,
                                                                                Panama City Beach, FL
                                                                                32413.
     Charlotte (FEMA Docket No.: B- Unincorporated areas   October 22, 2010;     Mr. Bob Starr, Chairman,   October 15, 2010...............       120061
     1165).                          of Charlotte County    October 29, 2010;     Charlotte County Board
                                     (10-04-4920P).         Charlotte Sun.        of Commissioners, 18500
                                                                                Murdock Circle, Port
                                                                                Charlotte, FL 33948.
     Lake (FEMA Docket No.: B-      City of Clermont (10-  September 3, 2010;    The Honorable Harold       January 10, 2011...............       120133
     1160).                          04-4299P).             September 10, 2010;   Turville, Jr., Mayor,
                                                            Daily Commercial.     City of Clermont, 685
                                                                                West Montrose Street,
                                                                                Clermont, FL 34711.
    Lake (FEMA Docket No.: B-1160)  Unincorporated areas   September 3, 2010;    Ms. Jennifer Hill, Chair,  January 10, 2011...............       120421
                                     of Lake County (10-    September 10, 2010;   Lake County Board of
                                     04-4299P).             Daily Commercial.     Commissioners, 315 West
                                                                                Main Street, P.O. Box
                                                                                7800, Tavares, FL 32778.
     Lee (FEMA Docket No.: B-1156)  City of Cape Coral     August 27, 2010;      The Honorable John         January 3, 2011................       125095
                                     (10-04-0289P).         September 3, 2010;    Sullivan, Mayor, City of
                                                            The Fort Myers News-  Cape Coral, P.O. Box
                                                            Press.                150027, Cape Coral, FL
                                                                                33915.
    Lee (FEMA Docket No.: B-1156).  Unincorporated areas   August 27, 2010;      Mr. Frank Mann, Chairman,  January 3, 2011................       125124
                                     of Lee County (10-04-  September 3, 2010;    Lee County Board of
                                     0289P).                The Fort Myers News-  Commissioners, P.O. Box
                                                            Press.                398, Ft. Myers, FL 33902.
    Miami-Dade (FEMA Docket No.: B- City of Miami (10-04-  October 12, 2010;     The Honorable              September 30, 2010.............       120650
     1165).                          5593P).                October 19, 2010;     Tom[aacute]s P.
                                                            Miami Daily           Regalado, Mayor, City of
                                                            Business Review.      Miami, 3500 Pan American
                                                                                Drive, Miami, FL 33133.
    Miami-Dade (FEMA Docket No.: B- City of Sunny Isles    July 9, 2010; July    The Honorable Norman S.    June 30, 2010..................       120688
     1150).                          Beach (10-04-4666P).   16, 2010; Miami       Edlecup, Mayor, City of
                                                            Daily Business        Sunny Isles Beach, 18070
                                                            Review.               Collins Avenue, Sunny
                                                                                Isles Beach, FL 33160.
    Monroe (FEMA Docket No.: B-     Unincorporated areas   September 17, 2010;   The Honorable Heather      September 10, 2010.............       125129
     1160).                          of Monroe County (10-  September 24, 2010;   Carruthers, Mayor,
                                     04-5258P).             Key West Citizen.     Monroe County, 1100
                                                                                Simonton Street, Key
                                                                                West, FL 33040.
    Orange (FEMA Docket No.: B-     City of Orlando (10-   August 12, 2010;      The Honorable Buddy Dyer,  December 17, 2010..............       120186
     1165).                          04-0788P).             August 19, 2010;      Mayor, City of Orlando,
                                                            Orlando Weekly.       P.O. Box 4990, Orlando,
                                                                                FL 32802.
    Orange (FEMA Docket No.: B-     City of Orlando (10-   May 20, 2010; May     The Honorable Buddy Dyer,  September 24, 2010.............       120186
     1150).                          04-0789P).             27, 2010; Orlando     Mayor, City of Orlando,
                                                            Weekly.               P.O. Box 4990, Orlando,
                                                                                FL 32802.
    Polk (FEMA Docket No.: B-1150)  City of Winter Haven   June 4, 2010; June    The Honorable Jeff         October 12, 2010...............       120271
                                     (10-04-1058P).         11, 2010; News        Potter, Mayor, City of
                                                            Chief.                Winter Haven, 451 3rd
                                                                                Street Northwest, Winter
                                                                                Haven, FL 33881.
    Sumter (FEMA Docket No.: B-     Unincorporated areas   July 22, 2010; July   Mr. Don Burgess,           November 26, 2010..............       120296
     1150).                          of Sumter County (10-  29, 2010; Sumter      Chairman, Sumter County
                                     04-1900P).             County Times.         Board of Commissioners,
                                                                                7375 Powell Road,
                                                                                Wildwood, FL 34785.
Georgia: Lamar (FEMA Docket No.: B- City of Barnesville    August 24, 2010;      The Honorable Peter        December 29, 2010..............       130207
 1172).                              (10-04-1925P).         August 31, 2010;      Banks, Mayor, City of
                                                            The Herald-Gazette.   Barnesville, 109 Forsyth
                                                                                Street, Barnesville, GA
                                                                                30204.

Hawaii: Maui (FEMA Docket No.: B-   Unincorporated areas   September 10, 2010;   The Honorable Alan M.      January 18, 2011...............       150003
 1160).                              of Maui County (10-    September 17, 2010;   Arakawa, Mayor, Maui
                                     09-1230P).             The Maui News.        County, 200 South High
                                                                                Street, 9th Floor,
                                                                                Wailuku, HI 96793.
Kansas: Johnson (FEMA Docket No.:   City of Leawood (10-   September 15, 2010;   The Honorable Peggy J.     January 20, 2011...............       200167
 B-1160).                            07-2021P).             September 22, 2010;   Dunn, Mayor, City of
                                                            The Johnson County    Leawood, 4800 Town
                                                            Sun.                  Center Drive, Leawood,
                                                                                KS 66211.
Kentucky:
    Hopkins (FEMA Docket No.: B-    City of Madisonville   September 10, 2010;   The Honorable David        January 17, 2011...............       210115
     1165).                          (10-04-3232P).         September 17, 2010;   Jackson, Mayor, City of
                                                            The Messenger.        Madisonville, 67 North
                                                                                Main Street,
                                                                                Madisonville, KY 42431.
    Hopkins (FEMA Docket No.: B-    Unincorporated areas   September 10, 2010;   The Honorable Donald E.    January 17, 2011...............       210112
     1165).                          of Hopkins County      September 17, 2010;   Carroll, Judge, Hopkins
                                     (10-04-3232P).         The Messenger.        County, 56 North Main
                                                                                Street, Madisonville, KY
                                                                                42431.
Montana:
    Cascade (FEMA Docket No.: B-    Unincorporated areas   August 10, 2010;      Mr. Bill Salina,           December 15, 2010..............       300008
     1156).                          of Cascade County      August 17, 2010;      Chairman, Cascade County
                                     (10-08-0429P).         Great Falls Tribune.  Board of Commissioners,
                                                                                325 2nd Avenue North,
                                                                                Room 111, Great Falls,
                                                                                MT 59401.
    Yellowstone (FEMA Docket No.:   Unincorporated areas   June 10, 2010; June   Mr. John Ostlund,          May 28, 2010...................       300142
     B-1172).                        of Yellowstone         17, 2010; The         Chairman, Yellowstone
                                     County (09-08-0713P).  Billings Gazette.     County Board of
                                                                                Commissioners, P.O Box
                                                                                35000, Billings, MT
                                                                                59107.
Nevada: Clark (FEMA Docket No.: B-  City of Las Vegas (10- July 1, 2010; July    The Honorable Oscar B.     June 22, 2010..................       325276
 1150).                              09-1223P).             8, 2010; Las Vegas    Goodman, Mayor, City of
                                                            Review-Journal.       Las Vegas, 400 Stewart
                                                                                Avenue, 10th Floor, Las
                                                                                Vegas, NV 89101.
North Carolina:
    Pitt (FEMA Docket No.: B-1156)  City of Greenville     August 23, 2010;      The Honorable Patricia C.  December 28, 2010..............       370191
                                     (10-04-3020P).         August 30, 2010;      Dunn, Mayor, City of
                                                            The Daily Reflector.  Greenville, P.O. Box
                                                                                7207, Greenville, NC
                                                                                27835.
    Pitt (FEMA Docket No.: B-1156)  City of Greenville     August 19, 2010;      The Honorable Patricia C.  August 12, 2010................       370191
                                     (10-04-3296P).         August 26, 2010;      Dunn, Mayor, City of
                                                            The Daily Reflector.  Greenville, P.O. Box
                                                                                7207, Greenville, NC
                                                                                27835.
    Richmond (FEMA Docket No.: B-   Unincorporated areas   August 6, 2010;       Mr. Kenneth R. Robinette,  July 30, 2010..................       370348
     1157).                          of Richmond County     August 13, 2010;      Chairman, Richmond
                                     (10-04-5289P).         Richmond County       County Board of
                                                            Daily Journal.        Commissioners, P.O. Box
                                                                                504, Rockingham, NC
                                                                                28380.
    Wake (FEMA Docket No.: B-1160)  Unincorporated areas   September 7, 2010;    Mr. David Cooke, Wake      January 12, 2011...............       370368
                                     of Wake County (09-    September 14, 2010;   County Manager, P.O. Box
                                     04-2504P).             The News & Observer.  550, Raleigh, NC 27602.
    Wake (FEMA Docket No.: B-1156)  Unincorporated areas   July 29, 2010;        Mr. David Cooke, Wake      December 3, 2010...............       370368
                                     of Wake County (09-    August 5, 2010; The   County Manager, P.O. Box
                                     04-7036P).             News & Observer.      550, Raleigh, NC 27602.
South Carolina:
    Richland (FEMA Docket No.: B-   Unincorporated areas   May 28, 2010; June    Mr. Paul Livingston,       October 4, 2010................       450170
     1146).                          of Richland County     4, 2010; The          Chairman, Richland
                                     (09-04-2521P).         Columbia Star.        County Council, 2020
                                                                                Hampton Street, 2nd
                                                                                Floor, Columbia, SC
                                                                                29202.
South Dakota: Lincoln (FEMA Docket  Unincorporated areas   August 19, 2010;      Mr. Jim Schmidt,           December 24, 2010..............       460277
 No.: B-1156)                        of Lincoln County      August 26, 2010;      Chairman, Lincoln County
                                     (10-08-0327P).         Lennox Independent.   Board of Commissioners,
                                                                                104 North Main Street,
                                                                                Canton, SD 57013.
Tennessee:
    Knox (FEMA Docket No.: B-1150)  Unincorporated areas   July 9, 2010; July    The Honorable Tim          June 30, 2010..................       475433
                                     of Knox County (10-    16, 2010; Knoxville   Burchett, Mayor, Knox
                                     04-1555P).             News-Sentinel.        County, 400 Main Street,
                                                                                Suite 615, Knoxville, TN
                                                                                37902.
    Shelby (FEMA Docket No.: B-     Town of Collierville   June 24, 2010; July   The Honorable Stan         June 17, 2010..................       470263
     1150).                          (10-04-1188P).         1, 2010; The          Joyner, Jr., Mayor, Town
                                                            Collierville Herald.  of Collierville, 500
                                                                                Poplar View Parkway,
                                                                                Collierville, TN 38017.
Utah:
    Washington (FEMA Docket No.: B- City of Washington     July 9, 2010; July    The Honorable Kenneth      November 15, 2010..............       490182
     1150).                          (10-08-0519P).         16, 2010; The         Neilson, Mayor, City of
                                                            Spectrum.             Washington, 111 North
                                                                                100 East Washington,
                                                                                Washington, UT 84780.
    Weber (FEMA Docket No.: B-      City of Ogden (10-08-  September 3, 2010;    The Honorable Matthew R.   January 10, 2011...............       490189
     1160).                          0035P).                September 10, 2010;   Godfrey, Mayor, City of
                                                            Standard Examiner.    Ogden, 2549 Washington
                                                                                Boulevard, Suite 910,
                                                                                Ogden, UT 84401.
Wisconsin: Dane (FEMA Docket No.:   City of Madison (10-   July 9, 2010; July    The Honorable Dave         July 30, 2010..................       550083
 B-1150).                            05-3876P).             16, 2010; Wisconsin   Cieslewicz, Mayor, City
                                                            State Journal.        of Madison, 210 Martin
                                                                                Luther King, Jr.
                                                                                Boulevard, City-County
                                                                                Building, Room 403,
                                                                                Madison, WI 53703.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: March 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8117 Filed 4-5-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Proposed Rules]
[Pages 11415-11417]
[FR Doc No: 2017-03537]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-9594; Airspace Docket No. 16-ASO-20]
RIN 2120-AA66

Proposed Establishment of Temporary Restricted Areas R-2920A and
R-2920B; Santa Rosa Island, FL.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish two temporary restricted
areas, designated R-2920A and R-2920B, south of the Eglin Air Force
Base (AFB), FL, Range Complex and within the 14 CFR part 93
``Valparaiso, Florida, Terminal Area'' Special Air Traffic Rules Area.
The purpose of the proposed areas is to test counter-unmanned aircraft
systems capabilities. The temporary restricted areas would be in effect
from May 11 to May 18, 2017.

DATES: Comments must be received on or before March 27, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2016-9594 and Airspace Docket No. 16-ASO-20, at the beginning of
your comments. You may also submit comments through the Internet at
http://www.regulations.gov. Comments on environmental and land use
aspects should be directed to: April Lawrence, Civ, USAF, 96 CEG/CEIEA,
Eglin AFB, FL 32542; telephone:<PHONE_NUMBER>. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Docket Office between 9:00a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1<PHONE_NUMBER>), is on the ground floor of the
building at the above address.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would establish temporary restricted areas near Santa
Rosa Island, FL, to enhance aviation safety and accommodate essential
testing requirements.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2016-9594 and Airspace Docket No. 16-ASO-20) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2016-9594 and Airspace Docket No. 16-ASO-20.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person at the Docket
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park,
GA, 30337.

Background

    The U.S. Air Force submitted a proposal to the FAA to establish two
temporary restricted areas south of the Eglin AFB, FL, Range Complex.
The areas would contain hazardous activities to be conducted in support
of exercise Black Dart 2017, from May 11 to May 18, 2017. Specifically,
the areas would be used to test counter-unmanned aircraft systems
capabilities. A temporary flight restriction (TFR) of similar size and
shape to the proposed temporary restricted areas was exercised in
September 2016 with no issues from non-participating air traffic.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish
two temporary restricted areas, designated R-2920A and R-2920B, south
of the Eglin AFB Range Complex, in the vicinity of Santa Rosa Island,
FL. They would extend from the surface to but not including 8,500 feet
MSL, underlying a portion of existing restricted area R-2915C. The
planned time of designation for the areas is 0900 to 1600 local time.
Approximately 20-30 sorties per day are expected to use the temporary
restricted areas. The areas would be in effect only during the period
May 11 to May 18, 2017.
    The proposed temporary restricted areas are required to contain
hazardous activities associated with testing counter-unmanned aircraft
systems capabilities. These activities would include the use of
Directed Energy (laser) devices and Electronic Attack jamming and
disruptions. All hazard zones would be contained within the proposed
temporary restricted areas, existing restricted airspace, or existing
offshore warning areas. Eglin AFB air and surface assets would surveil
and clear the mission and hazard areas prior to execution of hazardous
activity. Should a stray aircraft or surface vessel approach a hazard
zone, all hazardous activity would be halted until the area is again
reported clear. The Eglin AFB Range Complex utilizes extensive range
safety procedures to manage all hazardous activities.
    The proposed areas are contained within the west section of the
East/West Corridor of the 14 CFR part 93 Special Air Traffic Rule:
``Valparaiso, Florida Terminal Area.'' In accordance with 14 CFR 93.81:
Unless otherwise authorized by ATC (including the Eglin Radar Control
Facility), no person may operate an aircraft in flight within the East-
West Corridor unless--
    (1) Before operating within the corridor, that person establishes
two-way radio communications with Eglin Radar Control Facility or an
appropriate FAA ATC facility and receives an ATC advisory concerning
operations being conducted therein; and
    (2) That person maintains two-way radio communications with the
Eglin Radar Control Facility or an appropriate

FAA ATC facility while within the corridor.
    To minimize impacts to non-participating aircraft, in addition to
the existing part 93 requirement that aircraft operating in the East/
West Corridor must establish and maintain two-way radio contact with
ATC, the Eglin Radar Control Facility would reroute all non-
participating aircraft north of the temporary restricted airspace,
through the southern portion of restricted area R-2915B. That airspace
would be scheduled for use by ATC and non-participating air traffic
when the temporary restricted areas are active. This alternative
routing has been successfully used in the past to mitigate impacts on
non-participating aircraft when the west section of the East/West
Corridor was unavailable. Emergency air traffic requiring access to the
airspace would be given priority access under the control of the Eglin
Radar Control Facility, which has direct communications with the Test
Director to halt hazardous activity in the area.
    Notices to Airmen (NOTAM) and Notices to Mariners (NOTMAR) would be
published at least 24 hours in advance of the daily activation of R-
2920A and R-2920B. The Eglin AFB Public Affairs office would issue a
press release 30 days prior to the exercise to advise the public of the
exercise, the activity, and impacted locations. The Eglin AFB Flight
Safety Office would advise local airports and airspace users of the
proposed restricted airspace, its impacts and planned mitigations.
    Since R-2920A and R-2920B are temporary areas, they would not be
depicted on the New Orleans Sectional Aeronautical Chart or the IFR
Enroute Low Altitude Chart, L-22. However, a notice and graphic
depiction would be published in the Notices to Airmen Publication
(NTAP). The NTAP is available on line at http://www.faa.gov/air_traffic/publications/notices/.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subjected to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited Areas, Restricted Areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.29  Florida (Amended)

0
2. Sec.  73.29 is amended as follows:
* * * * *

R-2920A Santa Rosa Island, FL [Temporary]

    Boundaries. Beginning at lat. 30[deg]22'53'' N., long.
86[deg]50'57'' W.; thence along the shoreline to lat. 30[deg]23'35''
N., long. 86[deg]44'24'' W.; to lat. 30[deg]20'34'' N., long.
86[deg]44'07'' W.; thence 3 NM from and parallel to the shoreline to
lat. 30[deg]19'53'' N., long. 86[deg]50'39'' W.; to the point of
beginning.
    Designated altitudes. Surface to but not including 8,500 feet
MSL.
    Time of designation. 0900 to 1600 local time, during the period
May 11 to May 18, 2017.
    Controlling agency. FAA, Jacksonville ARTCC.
    Using agency. U.S. Air Force, Commander, 96th Test Wing, Eglin
AFB, FL.

R-2920B Santa Rosa Island, FL [Temporary]

    Boundaries. Beginning at lat. 30[deg]23'35'' N., long.
86[deg]44'24'' W.; thence along the shoreline to lat. 30[deg]23'40''
N., long. 86[deg]42'52'' W.; to lat. 30[deg]20'40'' N., long.
86[deg]42'35'' W.; thence 3 NM from and parallel to the shoreline to
lat. 30[deg]20'34'' N., long. 86[deg]44'07'' W.; to the point of
beginning.
    Designated altitudes. Surface to but not including 8,500 feet
MSL.
    Time of designation. 0900 to 1600 local time, during the period
May 11 to May 18, 2017.
    Controlling agency. FAA, Jacksonville ARTCC.
    Using agency. U.S. Air Force, Commander, 96th Test Wing, Eglin
AFB, FL.
* * * * *

    Issued in Washington, DC on February 8, 2017.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-03537 Filed 2-22-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Page 32755]
[FR Doc No: 2019-14600]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3413-EM; Docket ID FEMA-2019-0001]

Louisiana; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Louisiana (FEMA-3413-EM), dated May 29, 2019, and related
determinations.

DATES: This amendment was issued June 20, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective June 17, 2019.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-14600 Filed 7-8-19; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]
[Page 24757-24769]
[DOCID:fr05my10-146]

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

[Release Nos. 33-9122; 34-62005/April 29, 2010]

Order Making Fiscal Year 2011 Annual Adjustments to the Fee Rates
Applicable Under Section 6(b) of the Securities Act of 1933 and
Sections 13(e), 14(g), 31(b), and 31(c) of the Securities Exchange Act
of 1934

I. Background

    The Commission collects fees under various provisions of the
securities laws. Section 6(b) of the Securities Act of 1933
(``Securities Act'') requires the Commission to collect fees from
issuers on the registration of securities.\1\ Section 13(e) of the
Securities Exchange Act of 1934 (``Exchange Act'') requires the
Commission to collect fees on specified repurchases of securities.\2\
Section 14(g) of the Exchange Act requires the Commission to collect
fees on proxy solicitations and statements in corporate control
transactions.\3\ Finally, Sections 31(b) and (c) of the Exchange Act
require national securities exchanges and national securities
associations, respectively, to pay fees to the Commission on
transactions in specified securities.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 77f(b).
    \2\ 15 U.S.C. 78m(e).
    \3\ 15 U.S.C. 78n(g).
    \4\ 15 U.S.C. 78ee(b) and (c). In addition, Section 31(d) of the
Exchange Act requires the Commission to collect assessments from
national securities exchanges and national securities associations
for round turn transactions on security futures. 15 U.S.C. 78ee(d).
---------------------------------------------------------------------------

    The Investor and Capital Markets Fee Relief Act (``Fee Relief
Act'') \5\ amended Section 6(b) of the Securities Act and Sections
13(e), 14(g), and 31 of the Exchange Act to require the Commission to
make annual adjustments to the fee rates applicable under these
sections for each of the fiscal years 2003 through 2011, and one final
adjustment to fix the fee rates under these sections for fiscal year
2012 and beyond.\6\
---------------------------------------------------------------------------

    \5\ Public Law No. 107-123, 115 Stat. 2390 (2002).
    \6\ See 15 U.S.C. 77f(b)(5), 77f(b)(6), 78m(e)(5), 78m(e)(6),
78n(g)(5), 78n(g)(6), 78ee(j)(1), and 78ee(j)(3). Section 31(j)(2)
of the Exchange Act, 15 U.S.C. 78ee(j)(2), also requires the
Commission, in specified circumstances, to make a mid-year
adjustment to the fee rates under Sections 31(b) and (c) of the
Exchange Act in fiscal years 2002 through 2011.
---------------------------------------------------------------------------

II. Fiscal Year 2011 Annual Adjustment to the Fee Rates Applicable
Under Section 6(b) of the Securities Act and Sections 13(e) and 14(g)
of the Exchange Act

    Section 6(b)(5) of the Securities Act requires the Commission to
make an annual adjustment to the fee rate applicable under Section 6(b)
of the Securities Act in each of the fiscal years 2003 through 2011.\7\
In those same fiscal years, Sections 13(e)(5) and 14(g)(5) of the
Exchange Act require the Commission to adjust the fee rates under
Sections 13(e) and 14(g) to a rate that is equal to the rate that is
applicable under Section 6(b). In other words, the annual adjustment to
the fee rate under Section 6(b) of the Securities Act also sets the
annual adjustment to the fee rates under Sections 13(e) and 14(g) of
the Exchange Act.
---------------------------------------------------------------------------

    \7\ The annual adjustments are designed to adjust the fee rate
in a given fiscal year so that, when applied to the aggregate
maximum offering price at which securities are proposed to be
offered for the fiscal year, it is reasonably likely to produce
total fee collections under Section 6(b) equal to the ``target
offsetting collection amount'' specified in Section 6(b)(11)(A) for
that fiscal year.

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

    Section 6(b)(5) sets forth the method for determining the annual
adjustment to the fee rate under Section 6(b) for fiscal year 2011.
Specifically, the Commission must adjust the fee rate under Section
6(b) to a ``rate that, when applied to the baseline estimate of the
aggregate maximum offering prices for [fiscal year 2011], is reasonably
likely to produce aggregate fee collections under [Section 6(b)] that
are equal to the target offsetting collection amount for [fiscal year
2011].'' That is, the adjusted rate is determined by dividing the
``target offsetting collection amount'' for fiscal year 2011 by the
``baseline estimate of the aggregate maximum offering prices'' for
fiscal year 2011.
    Section 6(b)(11)(A) specifies that the ``target offsetting
collection amount'' for fiscal year 2011 is $394,000,000. Section
6(b)(11)(B) defines the ``baseline estimate of the aggregate maximum
offering price'' for fiscal year 2011 as ``the baseline estimate of the
aggregate maximum offering price at which securities are proposed to be
offered pursuant to registration statements filed with the Commission
during [fiscal year 2011] as determined by the Commission, after
consultation with the Congressional Budget Office and the Office of
Management and Budget * * *.''
    To make the baseline estimate of the aggregate maximum offering
price for fiscal year 2011, the Commission is using the same
methodology it developed in consultation with the Congressional Budget
Office (``CBO'') and Office of Management and Budget (``OMB'') to
project aggregate offering price for purposes of the fiscal year 2010
annual adjustment. Using this methodology, the Commission determines
the ``baseline estimate of the aggregate maximum offering price'' for
fiscal year 2011 to be $3,394,310,932,374.\8\ Based on this estimate,
the Commission calculates the fee rate for fiscal 2011 to be $116.10
per million. This adjusted fee rate applies to Section 6(b) of the
Securities Act, as well as to Sections 13(e) and 14(g) of the Exchange
Act.
---------------------------------------------------------------------------

    \8\ Appendix A explains how we determined the ``baseline
estimate of the aggregate maximum offering price'' for fiscal year
2011 using our methodology, and then shows the purely arithmetical
process of calculating the fiscal year 2011 annual adjustment based
on that estimate. The appendix includes the data used by the
Commission in making its ``baseline estimate of the aggregate
maximum offering price'' for fiscal year 2011.
---------------------------------------------------------------------------

III. Fiscal Year 2011 Annual Adjustment to the Fee Rates Applicable
Under Sections 31(b) and (c) of the Exchange Act

    Section 31(b) of the Exchange Act requires each national securities
exchange to pay the Commission a fee at a rate, as adjusted by our
order pursuant to Section 31(j)(2),\9\ which currently is $16.90 per
million of the aggregate dollar amount of sales of specified securities
transacted on the exchange. Similarly, Section 31(c) requires each
national securities association to pay the Commission a fee at the same
adjusted rate on the aggregate dollar amount of sales of specified
securities transacted by or through any member of the association
otherwise than on an exchange. Section 31(j)(1) requires the Commission
to make annual adjustments to the fee rates applicable under Sections
31(b) and (c) for each of the fiscal years 2003 through 2011.\10\
---------------------------------------------------------------------------

    \9\ Order Making Fiscal 2010 Mid-Year Adjustment to the Fee
Rates Applicable Under Sections 31(b) and (c) of the Securities
Exchange Act of 1934, Rel. No. 34-61605 (March 1, 2010), 75 FR 9964
(March 4, 2010).
    \10\ The annual adjustments, as well as the mid-year adjustments
required in specified circumstances under Section 31(j)(2) in fiscal
years 2002 through 2011, are designed to adjust the fee rates in a
given fiscal year so that, when applied to the aggregate dollar
volume of sales for the fiscal year, they are reasonably likely to
produce total fee collections under Section 31 equal to the ``target
offsetting collection amount'' specified in Section 31(l)(1) for
that fiscal year.
---------------------------------------------------------------------------

    Section 31(j)(1) specifies the method for determining the annual
adjustment for fiscal year 2011. Specifically, the Commission must
adjust the rates under Sections 31(b) and (c) to a ``uniform adjusted
rate that, when applied to the baseline estimate of the aggregate
dollar amount of sales for [fiscal year 2011], is reasonably likely to
produce aggregate fee collections under [Section 31] (including
assessments collected under [Section 31(d)]) that are equal to the
target offsetting collection amount for [fiscal year 2011].''
    Section 31(l)(1) specifies that the ``target offsetting collection
amount'' for fiscal year 2011 is $1,321,000,000. Section 31(l)(2)
defines the ``baseline estimate of the aggregate dollar amount of
sales'' as ``the baseline estimate of the aggregate dollar amount of
sales of securities * * * to be transacted on each national securities
exchange and by or through any member of each national securities
association (otherwise than on a national securities exchange) during
[fiscal year 2011] as determined by the Commission, after consultation
with the Congressional Budget Office and the Office of Management and
Budget * * *.''
    To make the baseline estimate of the aggregate dollar amount of
sales for fiscal year 2011, the Commission is using the same
methodology it developed in consultation with the CBO and OMB to
project dollar volume for purposes of prior fee adjustments.\11\ Using
this methodology, the Commission calculates the baseline estimate of
the aggregate dollar amount of sales for fiscal year 2011 to be
$69,588,660,831,911. Based on this estimate, and an estimated
collection of $17,950 in assessments on security futures transactions
under Section 31(d) in fiscal year 2011, the uniform adjusted rate for
fiscal year 2011 is $19.20 per million.\12\
---------------------------------------------------------------------------

    \11\ Appendix B explains how we determined the ``baseline
estimate of the aggregate dollar amount of sales'' for fiscal year
2011 using our methodology, and then shows the purely arithmetical
process of calculating the fiscal year 2011 annual adjustment based
on that estimate. The appendix also includes the data used by the
Commission in making its ``baseline estimate of the aggregate dollar
amount of sales'' for fiscal year 2011.
    \12\ The calculation of the adjusted fee rate assumes that the
current fee rate of $16.90 per million will apply through October
31, 2011, due to the operation of the effective date provision
contained in Section 31(j)(4)(A) of the Exchange Act.
---------------------------------------------------------------------------

IV. Effective Dates of the Annual Adjustments

    Section 6(b)(8)(A) of the Securities Act provides that the fiscal
year 2011 annual adjustment to the fee rate applicable under Section
6(b) of the Securities Act shall take effect on the later of October 1,
2010, or five days after the date on which a regular appropriation to
the Commission for fiscal year 2011 is enacted.\13\ Sections
13(e)(8)(A) and 14(g)(8)(A) of the Exchange Act provide for the same
effective date for the annual adjustments to the fee rates applicable
under Sections 13(e) and 14(g) of the Exchange Act.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 77f(b)(8)(A).
    \14\ 15 U.S.C. 78m(e)(8)(A) and 78n(g)(8)(A).
---------------------------------------------------------------------------

    Section 31(j)(4)(A) of the Exchange Act provides that the fiscal
year 2011 annual adjustments to the fee rates applicable under Sections
31(b) and (c) of the Exchange Act shall take effect on the later of
October 1, 2010, or 30 days after the date on which a regular
appropriation to the Commission for fiscal year 2011 is enacted.

V. Conclusion

    Accordingly, pursuant to Section 6(b) of the Securities Act and
Sections 13(e), 14(g), and 31 of the Exchange Act,\15\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 77f(b), 78m(e), 78n(g), and 78ee(j).
---------------------------------------------------------------------------

    It is hereby ordered that the fee rates applicable under Section
6(b) of the

Securities Act and Sections 13(e) and 14(g) of the Exchange Act shall
be $116.10 per million effective on the later of October 1, 2010, or
five days after the date on which a regular appropriation to the
Commission for fiscal year 2011 is enacted; and
    It is further ordered that the fee rates applicable under Sections
31(b) and (c) of the Exchange Act shall be $19.20 per million effective
on the later of October 1, 2010, or 30 days after the date on which a
regular appropriation to the Commission for fiscal year 2011 is
enacted.

    By the Commission.
Elizabeth M. Murphy,
Secretary.

Appendix A

    With the passage of the Investor and Capital Markets Relief Act,
Congress has, among other things, established a target amount of
monies to be collected from fees charged to issuers based on the
value of their registrations. This appendix provides the formula for
determining such fees, which the Commission adjusts annually.
Congress has mandated that the Commission determine these fees based
on the ``aggregate maximum offering prices,'' which measures the
aggregate dollar amount of securities registered with the Commission
over the course of the year. In order to maximize the likelihood
that the amount of monies targeted by Congress will be collected,
the fee rate must be set to reflect projected aggregate maximum
offering prices. As a percentage, the fee rate equals the ratio of
the target amounts of monies to the projected aggregate maximum
offering prices.
    For 2011, the Commission has estimated the aggregate maximum
offering prices by projecting forward the trend established in the
previous decade. More specifically, an ARIMA model was used to
forecast the value of the aggregate maximum offering prices for
months subsequent to March 2010, the last month for which the
Commission has data on the aggregate maximum offering prices.
    The following sections describe this process in detail.

A. Baseline Estimate of the Aggregate Maximum Offering Prices for
Fiscal Year 2011

    First, calculate the aggregate maximum offering prices (AMOP)
for each month in the sample (March 2000-March 2010). Next,
calculate the percentage change in the AMOP from month to month.
    Model the monthly percentage change in AMOP as a first order
moving average process. The moving average approach allows one to
model the effect that an exceptionally high (or low) observation of
AMOP tends to be followed by a more ``typical'' value of AMOP.
    Use the estimated moving average model to forecast the monthly
percent change in AMOP. These percent changes can then be applied to
obtain forecasts of the total dollar value of registrations. The
following is a more formal (mathematical) description of the
procedure:
    1. Begin with the monthly data for AMOP. The sample spans ten
years, from March 2000 to March 2010.
    2. Divide each month's AMOP (column C) by the number of trading
days in that month (column B) to obtain the average daily AMOP
(AAMOP, column D).
    3. For each month t, the natural logarithm of AAMOP is reported
in column E.
    4. Calculate the change in log(AAMOP) from the previous month as
[Delta]t = log (AAMOPt)--
log(AAMOPt-1). This approximates the percentage change.
    5. Estimate the first order moving average model
[Delta]t = [alpha] + [beta]et-1 +
et, where et denotes the forecast error for
month t. The forecast error is simply the difference between the
one-month ahead forecast and the actual realization of
[Delta]t. The forecast error is expressed as
et = [Delta]t-[alpha]-[beta]et-1.
The model can be estimated using standard commercially available
software such as SAS or Eviews. Using least squares, the estimated
parameter values are [alpha] =-0.0034456 and [beta] =-0.78509.
    6. For the month of April 2010 forecast
[Delta]t = 4/10 = [alpha] + [beta]et = 3/10.
For all subsequent months, forecast [Delta]t = [alpha].
    7. Calculate forecasts of log(AAMOP). For example, the forecast
of log(AAMOP) for June 2010 is given by FLAAMOP t = 6/10
= log(AAMOPt = 3/10) + [Delta]t = 4/10 +
[Delta]t = 5/10 + [Delta]t = 6/10.
    8. Under the assumption that et is normally
distributed, the n-step ahead forecast of AAMOP is given by
exp(FLAAMOPt + [sigma]n\2\/2), where
[sigma]n denotes the standard error of the n-step ahead
forecast.
    9. For June 2010, this gives a forecast AAMOP of $13.4 Billion
(Column I), and a forecast AMOP of $295.9 Billion (Column J).
    10. Iterate this process through September 2011 to obtain a
baseline estimate of the aggregate maximum offering prices for
fiscal year 2011 of $3,394,310,932,374.

B. Using the Forecasts From A to Calculate the New Fee Rate

    1. Using the data from Table A, estimate the aggregate maximum
offering prices between 10/1/10 and 9/30/11 to be
$3,394,310,932,374.
    2. The rate necessary to collect the target $394,000,000 in fee
revenues set by Congress is then calculated as: $394,000,000 /
$3,394,310,932,374 = 0.00011608.
    3. Round the result to the seventh decimal point, yielding a
rate of 0.0001161 (or $116.10 per million).

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Appendix B

    With the passage of the Investor and Capital Markets Relief Act,
Congress has, among other things, established a target amount of
monies to be collected from fees charged to investors based on the
value of their transactions. This appendix provides the formula for
determining such fees, which the Commission adjusts annually, and
may adjust semi-annually.\16\ In order to maximize the likelihood
that the amount of monies targeted by Congress will be collected,
the fee rate must be set to reflect projected dollar transaction
volume on the securities exchanges and certain over-the-counter
markets over the course of the year. As a percentage, the fee rate
equals the ratio of the target amounts of monies to the projected
dollar transaction volume.
---------------------------------------------------------------------------

    \16\ Congress requires that the Commission make a mid-year
adjustment to the fee rate if four months into the fiscal year it
determines that its forecasts of aggregate dollar volume are
reasonably likely to be off by 10% or more.
---------------------------------------------------------------------------

    For 2011, the Commission has estimated dollar transaction volume
by projecting forward the trend established in the previous decade.
More specifically, dollar transaction volume was forecasted for
months subsequent to March 2010, the last month for which the
Commission has data on transaction volume.
    The following sections describe this process in detail.

A. Baseline Estimate of the Aggregate Dollar Amount of Sales for Fiscal
Year 2011

    First, calculate the average daily dollar amount of sales (ADS)
for each month in the sample (March 2000-March 2010). The monthly
aggregate dollar amount of sales (exchange plus certain over-the-
counter markets) is presented in column C of Table B.
    Next, calculate the change in the natural logarithm of ADS from
month to month. The average monthly percentage growth of ADS over
the entire sample is 0.0025 and the standard deviation is 0.124.
Assuming the monthly percentage change in ADS follows a random walk,
calculating the expected monthly percentage growth rate for the full
sample is straightforward. The expected monthly percentage growth
rate of ADS is 1.0%.
    Now, use the expected monthly percentage growth rate to forecast
total dollar volume. For example, one can use the ADS for March 2010
($241,886,611,540) to forecast ADS for April 2010 ($244,367,079,739
= $241,886,611,540 x 1.010) \17\ Multiply by the number of trading
days in April 2010 (21) to obtain a forecast of the total dollar
volume for the month ($5,131,708,674,527). Repeat the method to
generate forecasts for subsequent months.
---------------------------------------------------------------------------

    \17\ The value 1.010 has been rounded. All computations are done
with the unrounded value.
---------------------------------------------------------------------------

    The forecasts for total dollar volume are in column G of Table
B. The following is a more formal (mathematical) description of the
procedure:
    1. Divide each month's total dollar volume (column C) by the
number of trading days in that month (column B) to obtain the
average daily dollar volume (ADS, column D).
    2. For each month t, calculate the change in ADS from the
previous month as [Delta]t = log (ADSt/
ADSt-1), where log (x) denotes the natural logarithm of
x.
    3. Calculate the mean and standard deviation of the series
{[Delta]1, [Delta]2, * * * ,
[Delta]120{time} . These are given by [mu] = 0.0025 and
[sigma] = 0.124, respectively.
    4. Assume that the natural logarithm of ADS follows a random
walk, so that [Delta]s and [Delta]t are
statistically independent for any two months s and t.
    5. Under the assumption that [Delta]t is normally
distributed, the expected value of ADSt/ADSt-1
is given by exp ([mu] + [sigma]\2\/2), or on average ADSt
= 1.010 x ADSt-1.
    6. For April 2010, this gives a forecast ADS of 1.010 x
$241,886,611,540 = $244,367,079,739. Multiply this figure by the 21
trading days in April 2010 to obtain a total dollar volume forecast
of $5,131,708,674,527.
    7. For May 2010, multiply the April 2010 ADS forecast by 1.010
to obtain a forecast ADS of $246,872,984,330. Multiply this figure
by the 20 trading days in May 2010 to obtain a total dollar volume
forecast of $4,937,459,686,603.
    8. Repeat this procedure for subsequent months.

B. Using the Forecasts From A To Calculate the New Fee Rate

    1. Use Table B to estimate fees collected for the period 10/1/10
through 10/31/10. The projected aggregate dollar amount of sales for
this period is $5,455,658,813,145. Projected fee collections at the
current fee rate of 0.0000161 are $92,200,634.
    2. Estimate the amount of assessments on securities futures
products collected during 10/1/10 and 9/30/11 to be $17,950 by
projecting a 1.0% monthly increase from a base of $1,316 in March
2010.
    3. Subtract the amounts $92,200,634 and $17,950 from the target
offsetting collection

amount set by Congress of $1,321,000,000 leaving $1,228,781,416 to
be collected on dollar volume for the period 11/1/10 through 9/30/
11.
    4. Use Table B to estimate dollar volume for the period 11/1/10
through 9/30/11. The estimate is $64,133,002,018,766. Finally,
compute the fee rate required to produce the additional
$1,228,781,416 in revenue. This rate is $1,228,781,416 divided by
$64,133,002,018,766 or 0.0000191599.
    5. Round the result to the seventh decimal point, yielding a
rate of .0000192 (or $19.20 per million).
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[FR Doc. 2010-10491 Filed 5-4-10; 8:45 am]
BILLING CODE 8011-01-P