[Federal Register: November 5, 2008 (Volume 73, Number 215)]
[Proposed Rules]
[Page 65811-65819]
[DOCID:fr05no08-16]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1016]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents, and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before February 3, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1016, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-3151 or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and 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 proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    Administrative Procedure Act Statement. This matter is not a
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C.
553. FEMA publishes flood elevation determinations for notice and
comment; however, they are governed by the Flood Disaster Protection
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
    National Environmental Policy Act. This proposed 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.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed 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 proposed to be amended as follows:

PART 67--[AMENDED]

    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.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation **                ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                             Archuleta County, CO, Colorado, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Stollsteimer Creek..................  150 feet east of CR 700         None        +6783  Unincorporated Areas of
                                       Extension.                                         Archuleta County.
                                      South of Hawthorne              None        +7023
                                       Drive and Highway 160.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                    Unincorporated Areas of Archuleta County
Maps are available for inspection at 449 San Juan Street, Pagosa Springs, CO 81147.
----------------------------------------------------------------------------------------------------------------

                                 Berrien County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cat Creek/Tributary 2...............  Approximately 320 feet          None         +175  Unincorporated Areas of
                                       downstream of State                                Berrien County.
                                       Highway 37.
                                      Approximately 1,270             None         +183
                                       feet upstream of North
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Berrien County
Maps are available for inspection at County Courthouse, Town Square, Nashville, GA 31639.
----------------------------------------------------------------------------------------------------------------

                                Colquitt County, Georgia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ochlockonee River...................  Approximately 3,380             None         +256  Township of Riverside.
                                       feet downstream of
                                       Camilla Highway.
                                      Approximately 238 feet          None         +258
                                       upstream of Camilla
                                       Highway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Township of Riverside
Maps are available for inspection at City Hall, 301 Riverside Drive, Moultrie, GA 31768.
----------------------------------------------------------------------------------------------------------------

                                Kankakee County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
South Branch Rock Creek.............  Approximately 2,400             None         *665  Unincorporated Areas of
                                       feet downstream of                                 Kankakee County,
                                       Sycamore Street                                    Village of Manteno.
                                       (County Road 3000
                                       East).

                                      Upstream side of South          None         *665
                                       Locust Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Village of Manteno
Maps are available for inspection at Manteno Village Hall, 269 North Main Street, Manteno, IL 60950.

                                     Unincorporated Areas of Kankakee County
Maps are available for inspection at Kankakee County Administration Building, 189 East Court Street, Kankakee,
 IL 60901.
----------------------------------------------------------------------------------------------------------------

                                Marshall County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Sandy Creek.........................  From County Highway 14.         None         +673  Unincorporated Areas of
                                                                                Marshall County, City
                                                                                of Wenona.
                                      To approximately 140            None         +686
                                       feet northwest of the
                                       intersection of
                                       Hickory Street and
                                       South 5th Street in
                                       the City of Wenona.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Wenona
Maps are available for inspection at 226 South Chestnut Street, P.O. Box 601, Wenona, IL 61377.

                                     Unincorporated Areas of Marshall County
Maps are available for inspection at 122 North Prairie Street, P.O. Box 328, Lacon, IL 61540.
----------------------------------------------------------------------------------------------------------------

                                 Elkhart County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cobus Creek.........................  At County Road 6.......         None         +765  Unincorporated Areas of
                                                                                Elkhart County.
                                      Approximately 3,370             None         +789
                                       feet upstream of
                                       County Road 2.
Haverstick Ditch/Darkwood Ditch.....  Just upstream of                None         +835  Unincorporated Areas of
                                       confluence with Berlin                             Elkhart County.
                                       Court Ditch.
                                      Approximately 3,550             None         +862
                                       feet upstream of
                                       County Road 7.
Hoke Ditch..........................  At confluence with              None         +782  Unincorporated Areas of
                                       Yellow Creek.                                      Elkhart County.
                                      At State Road 19.......         None         +797
Horn Ditch..........................  At confluence with Rock         None         +799  Unincorporated Areas of
                                       Run Creek.                                         Elkhart County, City
                                                                                of Goshen.
                                      At County Road 33......         None         +825
Little Elkhart River................  Approximately 1,500             +773         +774  Unincorporated Areas of
                                       feet downstream of                                 Elkhart County.
                                       County Road 131.
                                      At the LaGrange County          None         +842
                                       Boundary.
Mather Ditch........................  Approximately 900 feet          +815         +816  Unincorporated Areas of
                                       upstream of confluence                             Elkhart County, Town
                                       with Little Elkhart                                of Middlebury.
                                       River.
                                      Approximately 350 feet          None         +844
                                       upstream of County
                                       Road 43.
Pine Creek..........................  Approximately 120 feet          +806         +807  Unincorporated Areas of
                                       downstream of State                                Elkhart County.
                                       Road 15.
                                      At County Road 35......         None         +886
Rock Run Creek......................  Approximately 200 feet          +780         +779  Unincorporated Areas of
                                       upstream of confluence                             Elkhart County, City
                                       with Elkhart River.                                of Goshen.
                                      At County Road 35......         None         +846

Werntz Ditch........................  At confluence with              None         +810  Unincorporated Areas of
                                       Baugo Creek.                                       Elkhart County, Town
                                                                                of Wakarusa.
                                      Approximately 900 feet          None         +853
                                       upstream of Industrial
                                       Parkway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Goshen
Maps are available for inspection at Deparment of Planning and Zoning, 204 East Jefferson Street, Suite 4,
 Goshen, IN 46528.

Town of Middlebury
Maps are available for inspection at Town Hall, 418 North Main Street, Middlebury, IN 46540.

Town of Wakarusa
Maps are available for inspection at Town Hall, 100 West Waterford Street, Wakarusa, IN 46573.

                                     Unincorporated Areas of Elkhart County
Maps are available for inspection at Elkhart County Public Services Building, 4230 Elkhart Road, Goshen, IN
 46526.
----------------------------------------------------------------------------------------------------------------

                                  Cowley County, Kansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Black Crook Creek...................  Approximately 0.38 mile         None        +1154  City of Winfield,
                                       upstream of Simpson                                Unincorporated Areas
                                       Avenue.                                            of Cowley County.
                                      Approximately 0.16 mile         None        +1244
                                       upstream of 152nd
                                       Street.
Black Crook Creek Tributary 1.......  Approximately 0.36 mile         None        +1120  Unincorporated Areas of
                                       downstream of 101st                                Cowley County.
                                       Road.
                                      Approximately 0.91 mile         None        +1188
                                       upstream of 103rd Road.
Black Crook Creek Tributary 2.......  Confluence with Black           None        +1132  City of Winfield,
                                       Crook Creek.                                       Unincorporated Areas
                                                                                of Cowley County.
                                      Approximately 350 feet          None        +1183
                                       upstream of State
                                       Route K360.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Winfield
Maps are available for inspection at City Office, 200 East Ninth Avenue, Winfield, KS 67156.

                                      Unincorporated Areas of Cowley County
Maps are available for inspection at County Office, 311 East Ninth Avenue, Winfield, KS 67156.
----------------------------------------------------------------------------------------------------------------

                                  Neosho County, Kansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Little Turkey Creek.................  Approximately 127 feet          None         +925  Unincorporated Areas of
                                       downstream of Katy                                 Neosho County.
                                       Road.
                                      Approximately 675 feet          None         +932
                                       downstream of U.S.
                                       Highway 169.
Neosho River........................  Approximately 1.2 miles         None         +917  Unincorporated Areas of
                                       downstream of State                                Neosho County.
                                       Highway 39.
                                      Approximately 1.13              None         +920
                                       miles upstream of
                                       State Highway 39.
Puckets Run Creek...................  Approximately 120 feet          None         +896  Unincorporated Areas of
                                       upstream of East State                             Neosho County.
                                       Street.
                                      At East Railroad Street         None         +897

                                      Approximately 75 feet           None         +898
                                       downstream of
                                       Atchison, Topeka and
                                       Santa Fe Railroad.
                                      Approximately 350 feet          None         +902
                                       downstream of Queen
                                       Road.
Santa Fe Lake.......................  Approximately 115 feet          None         +944  Unincorporated Areas of
                                       downstream of West 35                              Neosho County.
                                       Street.
                                      At Atchison, Topeka and         None         +945
                                       Santa Fe Railroad.
Tolen Creek.........................  Approximately 0.32 mile         None         +896  Unincorporated Areas of
                                       upstream of Pratt Road.                            Neosho County.
                                      Approximately 1.95              None         +910
                                       miles upstream of
                                       Pratt Road.
Tributary to Puckets Run Creek......  Intersection of Trib            None         +895  Unincorporated Areas of
                                       Street and Missouri-                               Neosho County.
                                       Kansas-Texas Railroad.
                                      Intersection of Trib            None         +899
                                       Street and East Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Neosho County
Maps are available for inspection at 100 South Main, Erie, KS 66733.
----------------------------------------------------------------------------------------------------------------

                               St. Clair County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaubien Creek......................  At confluence with Lake         +578         +579  Township of Clay,
                                       St. Clair.                                         Township of
                                                                                Cottrellville,
                                                                                Township of Ira.
                                      Upstream side of Mayer          +578         +579
                                       Road.
Belle River.........................  At confluence with St.          +580         +581  City of Marysville.
                                       Clair River.
                                      Approximately 475 feet          +580         +581
                                       upstream of Broadway
                                       Street.
Belle River.........................  Upstream side of                None         +699  Township of Riley.
                                       Bordman Road.
                                      Approximately 550 feet          None         +701
                                       upstream of Bordman
                                       Road.
Black River.........................  At confluence with St.          +582         +583  City of Port Huron.
                                       Clair River.
                                      Upstream side of 7th            +582         +583
                                       Street.
Lake Huron..........................  Entire shoreline of             None         +584  Township of
                                       Lake Huron.                                        Burtchville.
Lake St. Clair......................  Entire shoreline of             +578         +579  Township of Clay,
                                       Lake St. Clair.                                    Township of Ira.
Lester Bammel Drain.................  At confluence with St.          +579         +581  Township of
                                       Clair River.                                       Cottrellville.
                                      Approximately 175 feet          +580         +581
                                       downstream of Paradise
                                       Boulevard.
Marine City Drain...................  At confluence with St.          +579         +580  Township of Clay, City
                                       Clair River.                                       of Algonac.
                                      At Algonac State Park..         +579         +580
Meldrum Creek.......................  At confluence with Swan         +578         +579  Township of Ira.
                                       Creek.
                                      Approximately 1,500             +578         +579
                                       feet upstream of the
                                       confluence with Swan
                                       Creek.
Middle Channel St. Clair River......  At confluence with Lake         +578         +579  Township of Clay.
                                       St. Clair.
                                      At diversion with North         +578         +579
                                       Channel St. Clair
                                       River.
North Channel St. Clair River.......  At confluence with Lake         +578         +579  Township of Clay, City
                                       St. Clair.                                         of Algonac.
                                      At diversion with South         +579         +580
                                       Channel St. Clair
                                       River.
Pine River..........................  At confluence with St.          +581         +582  City of St. Clair.
                                       Clair River.
                                      Approximately 0.3 mile          +581         +582
                                       upstream of S
                                       Riverside Avenue.
Robbins Drain.......................  At confluence with St.          +579         +580  Township of
                                       Clair River.                                       Cottrellville.
                                      Approximately 500 feet          +579         +580
                                       downstream of Nautical
                                       Lane.
Robbins Drain Outlet................  At confluence with St.          +579         +581  Township of
                                       Clair River.                                       Cottrellville.
                                      At confluence with              +580         +581
                                       Robbins Drain.

South Channel/St. Clair River.......  At confluence with Lake         +578         +579  City of Algonac, City
                                       St. Clair.                                         of Marine City, City
                                                                                of Marysville, City of
                                                                                Port Huron, City of
                                                                                St. Clair, Township of
                                                                                Clay, Township of
                                                                                Cottrellville,
                                                                                Township of East
                                                                                China, Township of St.
                                                                                Clair.
                                      At Dunn Paper Gage.....         +582         +584
Swan Creek..........................  At confluence with Lake         +578         +579  Township of Ira.
                                       St. Clair.
                                      Downstream side of              +589         +590
                                       Arnold Road.
Swan Creek..........................  Downstream side of              None         +603  Township of Casco.
                                       Marine City Highway.
                                      Upstream side of Marine         None         +603
                                       City Highway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Algonac
Maps are available for inspection at 805 St. Clair Drive, Algonac, MI 48001.

City of Marine City
Maps are available for inspection at 303 South Water Street, Marine City, MI 48039.

City of Marysville
Maps are available for inspection at 1111 Delaware Avenue, Marysville, MI 48040.

City of Port Huron
Maps are available for inspection at 100 McMorran Boulevard, Port Huron, MI 48060.

City of St. Clair
Maps are available for inspection at 547 North Carney Drive, St. Clair, MI 48079.

Township of Burtchville
Maps are available for inspection at 4000 Burtch Road, Lakeport, MI 48059.

Township of Casco
Maps are available for inspection at 4512 Meldrum Road, Casco, MI 48064.

Township of Clay
Maps are available for inspection at 4710 Pte. Tremble Road, Algonac, MI 48001.

Township of Cottrellville
Maps are available for inspection at 7008 Marsh Road, Cottrellville, MI 48039.

Township of East China
Maps are available for inspection at 5111 River Road, East China, MI 48054.

Township of Ira
Maps are available for inspection at 7085 Meldrum Road, Fair Haven, MI 48023.

Township of Riley
Maps are available for inspection at 13042 Belle River Road, Riley, MI 48041.

Township of St. Clair
Maps are available for inspection at 1539 South Bartlett Road, St. Clair, MI 48079.
----------------------------------------------------------------------------------------------------------------

                               St. Joseph County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Adams Lake..........................  Entire shoreline of             None         +843  Township of Leonidas.
                                       Adams Lake.
Clear Lake..........................  Entire shoreline of             None         +876  Township of Fabius.
                                       Clear Lake.
Corey Lake..........................  Entire shoreline of             None         +877  Township of Fabius.
                                       Corey Lake.
Flowerfield Creek...................  Approximately 0.8 mile          None         +817  Township of
                                       downstream of M 216                                Flowerfield.
                                       (Marcellus Road).
                                      Approximately 0.3 mile          None         +842
                                       upstream of Main
                                       Street on the St.
                                       Joseph County/
                                       Kalamazoo County
                                       border.
Kaiser Lake.........................  Entire shoreline of             None         +877  Township of Fabius.
                                       Kaiser Lake.
Long Lake...........................  Entire shoreline of             None         +892  Township of Fabius.
                                       Long Lake.
Mud Lake............................  Entire shoreline of Mud         None         +877  Township of Fabius.
                                       Lake.
Pleasant Lake.......................  Entire shoreline of             None         +853  Township of Fabius.
                                       Pleasant Lake.
Spring Creek........................  At confluence with              None         +821  Township of
                                       Flowerfield Creek.                                 Flowerfield, Township
                                                                                of Park.

                                      Approximately 0.6 mile          None         +844
                                       upstream of Quake Road
                                       on the St. Joseph
                                       County/Kalamazoo
                                       County border.
St. Joseph River....................  Approximately 0.7 mile          None         +829  Township of Mendon.
                                       downstream of Wakeman
                                       Road.
                                      Approximately 350 feet          None         +829
                                       downstream of Wakeman
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Township of Fabius
Maps are available for inspection at 13108 Broadway, Three Rivers, MI 49093.

Township of Flowerfield
Maps are available for inspection at 12020 M-216, Marcellus, MI 49067.

Township of Leonidas
Maps are available for inspection at 53312 Fulton Road, Leonidas, MI 49066.

Township of Mendon
Maps are available for inspection at 136 West Main Street, Mendon, MI 49072.
----------------------------------------------------------------------------------------------------------------

                               Forrest County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Black Creek.........................  At Forrest/Perry county         None         +140  Unincorporated Areas of
                                       boundary.                                          Forrest County.
                                      At Lamar/Forrest county         None         +205
                                       boundary.
Boggy Branch........................  At the confluence of            None         +172  Unincorporated Areas of
                                       Greens Creek.                                      Forrest County, City
                                                                                of Petal.
                                      Approximately 2,870             None         +233
                                       feet upstream of Otis
                                       Lee Road.
Gordons Creek.......................  Just upstream of West           +160         +159  City of Hattiesburg.
                                       Street.
                                      Approximately 2,260             None         +252
                                       feet upstream of
                                       Interstate 59.
Greens Creek........................  At Chappell Hill Road..         None         +171  Unincorporated Areas of
                                                                                Forrest County, City
                                                                                of Petal.
                                      Approximately 4,220             None         +242
                                       feet upstream of
                                       Robertson Road.
Little Beaver Creek.................  Approximately 2,820             None         +187  Unincorporated Areas of
                                       feet downstream of                                 Forrest County.
                                       Churchwell Road.
                                      At Lamar/Forrest county         None         +237
                                       boundary.
Mixons Creek........................  At Highway 49..........         None         +163  City of Hattiesburg.
                                      At Interstate 59.......         None         +176
                                      Approximately 120 feet          None         +176
                                       upstream of Interstate
                                       59.
                                      Approximately 380 feet          None         +176
                                       upstream of Interstate
                                       59.
                                      Approximately 2,080             None         +193
                                       feet downstream of
                                       West 4th Street.
Mixons Creek Tributary 1............  Approximately 2,900             None         +197  City of Hattiesburg.
                                       feet upstream of
                                       Dogwood Cove.
                                      Approximately 3,800             None         +204
                                       feet upstream of
                                       Dogwood Cove.
Mixons Creek Tributary 2............  Approximately 118 feet          None         +190  City of Hattiesburg.
                                       downstream of Spring
                                       Hill Drive.
                                      Approximately 1,460             None         +208
                                       feet upstream of
                                       Bridges Circle.
Mixons Creek Tributary 4............  Just upstream of Joy            None         +196  City of Hattiesburg.
                                       Drive.
                                      Approximately 1.8 miles         None         +283
                                       upstream of Joy Drive.
Unnamed Tributary 2.................  Approximately 111 feet          None         +149  City of Petal.
                                       downstream of
                                       Hillcrest Loop.
                                      Approximately 335 feet          None         +188
                                       upstream of Chandler
                                       Lane.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Hattiesburg
Maps are available for inspection at Building of Inspection Department, 200 Forrest Street, Hattiesburg, MS
 39401.

City of Petal
Maps are available for inspection at City Hall, 107 West Eighth Avenue, Petal, MS 39401.

                                     Unincorporated Areas of Forrest County
Maps are available for inspection at Forrest County Board of Supervisor's Office, 629 Main Street, Hattiesburg,
 MS 39401.
----------------------------------------------------------------------------------------------------------------

                              Richland County, North Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Sheyenne River......................  50 feet upstream of Gol         None         +956  Richland County,
                                       Bridge.                                            Township of Barrie.
                                      1,696 feet downstream           None         +986
                                       of 151st Ave SE.
Upstream Wahpeton Breakout, Breakout  100 feet upstream of            None         +964  Township of Center,
 Reach.                                182nd Ave SE.                                      City of Wahpeton,
                                                                                Township of Summit.
                                      64 feet downstream of           None         +966
                                       182nd Ave SE.
Upstream Wahpeton Breakout, Drain 55  49 feet upstream of             None         +965  Township of Summit,
                                       State Highway 127.                                 Township of Center.
Upstream Wahpeton Breakout, West      220 feet upstream of            None         +955  Township of Center,
 Breakout Reach.                       78th Street SE.                                    City of Wahpeton.
                                      36 feet upstream of             None         +963
                                       83rd Street SE.
Wild Rice River.....................  1,118 feet upstream of          None         +923  Township of Walcott.
                                       ND Highway 46.
                                      2,466 feet downstream           None         +930
                                       of 60th Street SE.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Wahpeton
Maps are available for inspection at 1900 N 4th Street, Wahpeton, ND 58074.

Richland County
Maps are available for inspection at 418 2nd Ave North, Wahpeton, ND 58075-4400.

Township of Barrie
Maps are available for inspection at 5515 160th Ave SE, Kindred, ND 58051.

Township of Center
Maps are available for inspection at 17915 84th Street SE, Wahpeton, ND 58075.

Township of Summit
Maps are available for inspection at 8945 179th Ave SE, Fairmount, ND 58030.

Township of Walcott
Maps are available for inspection at 5470 County Road 1, Kindred, ND 58051.
----------------------------------------------------------------------------------------------------------------

                                Lake County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Park Creek..........................  1,720 feet downstream          +1656        +1657  City of Madison.
                                       of 4th Street S.
                                      75 feet upstream from          +1674        +1671
                                       Washington Ave N.
                                      50 feet upstream of 9th        +1685        +1684
                                       Street NE.
Park Creek Tributary................  150 feet downstream            +1682        +1681  City of Madison.
                                       from Union Ave.
                                      150 feet upstream from         +1685        +1684
                                       Chicago Ave.
                                      50 feet upstream of            +1691        +1695
                                       U.S. Highway 81.
Silver Creek........................  At confluence with Park        +1658        +1659  City of Madison.
                                       Creek.
                                      100 feet downstream            +1663        +1665
                                       from Egan Ave.
                                      50 feet upstream of            +1669        +1671
                                       Highland Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Madison
Maps are available for inspection at 116 W Center, Madison, SD 57042.
----------------------------------------------------------------------------------------------------------------

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

    Dated: October 27, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E8-26306 Filed 11-4-08; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Notices]
[Page 61797-61799]
[DOCID:fr06oc10-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63022; File No. SR-NASDAQ-2010-116)]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Modify Nasdaq's Order Routing Rule

September 30, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on September 27, 2010, The NASDAQ Stock Market LLC (``Nasdaq'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and
II, which Items have been prepared by Nasdaq. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    Nasdaq is filing a proposal for the NASDAQ Options Market (``NOM''
or ``Exchange'') to modify Chapter VI, Section 11 of the NOM rules, to
add a new order routing option and to assign a name to the existing
routing option.
    The text of the proposed rule change is available from Nasdaq's Web
site at http://nasdaq.cchwallstreet.com, at Nasdaq's principal office,
and at the Commission's Public Reference Room.

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

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

the most significant aspects of such statements.

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

1. Purpose
    Nasdaq is amending Section 11, Order Routing, of Chapter VI of the
NOM rules which describes NOM's order routing processes, to add a new
routing option, and to assign the name ``SEEK'' to the existing routing
option. Currently SEEK, the only routing option available through NOM,
is described in Section 11(a) of Chapter VI. NOM is now proposing to
replace this existing language with text describing new, separately
named routing options, including SEEK. The proposed change to introduce
the SRCH routing option will provide market participants additional
tools with which to manage their order flow. Routing options may be
combined with all available order types and times-in-force, with the
exception of order types and times-in-force whose terms are
inconsistent with the terms of a particular routing option. The routing
options are described below.
    Section 11(a)(1)(A) provides a description of SEEK which is the
Exchange's existing, unnamed order routing option. Section 11(a)(1)(A)
also specifically assigns the name SEEK to this existing routing
option. Pursuant to this option, an order first checks the System for
available contracts for execution. After checking the System for
available contracts, orders are sent to other available market centers
for potential execution, per the entering firm's instructions. When
checking the book, the System seeks to execute at the price at which it
would send the order to a destination market center. If contracts
remain un-executed after routing, they are posted on the book. Once on
the book, should the order subsequently be locked or crossed by another
market center, the System does not route the order to the locking or
crossing market center. The SEEK option is valuable to Participants
interested in executing as many contracts as possible upon submission
of the order to the Exchange. After executing on the Exchange and
routing to other destinations, any remaining unfilled portion will rest
passively on the Exchange book regardless of whether the order is
subsequently locked or crossed by another options exchange. This
provides participants with the ability to aggressively seek available
liquidity in the marketplace while also allowing the participant to set
the new market price (once available liquidity has been exhausted in
the marketplace) and avoid re-routing the order, potentially reducing
the fees paid by the participant.
    The SRCH routing option operates in the same manner as SEEK except
that if the order is not completely executed after routing and is then
posted on the Exchange book, if another options exchange subsequently
locks or crosses the limit price of the order, it will re-route.
Similarly to SEEK, the SRCH option is valuable to Participants
interested in executing as many contracts as possible upon submission
of the order to the Exchange. However, there may be times that
participants wish to execute against any available liquidity that may
exist in the marketplace after the order has been posted, regardless of
other drawbacks associated with re-routing, in which case the SRCH
routing option better fits the participant's needs.
    Pursuant to Section 11(c) of Chapter VI, orders sent by the System
pursuant to the SEEK and SRCH routing options to other markets would
not retain time priority with respect to other orders in the System. If
an order routed pursuant to SEEK or SRCH is subsequently returned, in
whole or in part, that order, or its remainder, will receive a new time
stamp reflecting the time of its return to the System.
    Nasdaq is also deleting language from subsection 11(a) of Chapter
VI, which describes existing order routing processes. This language is
no longer necessary because it would be duplicative of the SEEK rule
language.
    Nasdaq is also amending Section 11 to include a definition of
``System routing table,'' defined as the proprietary process for
determining the specific trading venues to which NOM routes orders and
the order in which it routes them.\3\ The definition reflects the fact
that NOM, like other trading venues, maintains different routing tables
for different routing options and modifies them on a regular basis to
reflect assessments about the destination markets. Such assessments
consider factors such as a destination's latency, fill rates,
reliability, and cost. Accordingly, the definition specifies that NOM
reserves the right to maintain a different routing table for different
routing options and to modify routing tables at any time without
notice. All routing complies with Chapter XII of the NOM rules, the
Options Order Protection and Locked and Crossed Market Rules.
---------------------------------------------------------------------------

    \3\ Nasdaq has previously defined the term ``System routing
table'' in connection with the Nasdaq Stock Market. See Securities
Exchange Act Release No. 34-61460 (February 1, 2010), 75 FR 6077
(February 5, 2010) (SR-NASDAQ-2010-018).
---------------------------------------------------------------------------

    Use of the various NOM routing options is purely voluntary. Market
Participants wishing to use a NOM routing option must provide the
Exchange with instructions specifying the option they wish to use. If
no instructions are provided, the Exchange will not route on behalf of
the participant.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \4\ in general, and furthers the objectives of Section
6(b)(5) of the Act \5\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange believes that the proposed change to introduce the new
routing options will provide market participants with greater
flexibility and success in managing and executing order flow while also
minimizing trading costs.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
Nasdaq has satisfied this requirement.

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

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \8\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. Nasdaq requests that
the Commission waive the 30-day operative delay. Nasdaq requests this
waiver because it currently has the technological changes ready to
support the proposed rule change, and believes that the benefits of
greater flexibility that are expected from the rule change should not
be delayed.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange believes that the rule change is designed to provide
market participants with an additional choice when availing themselves
of NOM's order routing and execution services. By offering an
additional routing option, Nasdaq hopes to benefit market participants
and their customers by allowing them greater flexibility in their
efforts to fill orders and minimize trading costs. Nasdaq provides
these services in a highly competitive market in which participants may
avail themselves of a wide variety of routing options. In such an
environment, system enhancements such as the changes proposed in this
rule filing do not burden competition, because they can succeed in
attracting order flow to NOM only if they offer investors higher
quality and better value than services offered by others. Encouraging
competitors to provide higher quality and better value is the essence
of a well-functioning competitive marketplace.
    The Exchange also believes that immediate effectiveness of this
proposed rule change is especially appropriate given that routing
through NOM is purely optional. Market participants have the
flexibility to mark their orders as not available for routing. If there
is no benefit to the new routing strategy, market participants will
simply not use it. The Exchange will not apply the new order routing
strategy to market participants' orders without their positive consent.
In fact, market participants would have to make programming changes to
adopt the new routing strategy and would need to do nothing if they
chose not to adopt it.
    The Commission believes that waiving the 30-day operative delay \9\
is consistent with the protection of investors and the public interest
and designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-116 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-116. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. SR-NASDAQ-
2010-116 and should be submitted on or before October 27, 2010.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-25107 Filed 10-5-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Proposed Rules]
[Pages 55325-55329]
[FR Doc No: 2011-22841]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2010-0917; FRL-9460-7]

Approval and Promulgation of State Implementation Plans: Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to Alaska's State
Implementation Plan (SIP) relating to the motor vehicle inspection and
maintenance program (I/M) for control of carbon monoxide (CO) in
Anchorage. The State of Alaska submitted two revisions to the Alaska
SIP: a November 13, 2009, submittal containing revisions to the
statewide I/M program and a September 29, 2010, submittal discontinuing
the I/M program in Anchorage as an active control measure in the SIP
and shifting it to a contingency measure. The State's submittals
include a revised a CO emissions inventory and motor vehicle emissions
budget. EPA is proposing to approve the 2010 submittal because it
satisfies the requirements of the Clean Air Act (CAA or the Act). EPA
is not taking action on the 2009 submittal because the 2010 submittal
supersedes the 2009 revision.

DATES: Written comments must be received on or before October 7, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2010-0917, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Mail: Claudia Vergnani Vaupel, U.S. EPA Region 10, Office of
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900,
Seattle, Washington 98101.
    C. Hand Delivery: US EPA Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Seattle, Washington 98101. Attention: Claudia Vergnani Vaupel,
Office of Air Waste, and Toxics (AWT-107). Such deliveries are only
accepted during normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2010-0917. The 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 information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the 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 the 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, the 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 the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the 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.
    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, i.e., 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 during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at telephone
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>or
Krishna Viswanathan at telephone number:<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>or the above EPA, Region 10
address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Information is organized
as follows:

Table of Contents

I. What is EPA's proposed action?
II. What is the background for this proposed action?
III. What changes to the Alaska SIP were submitted for EPA approval?
IV. What criteria apply to Alaska's request?
V. What is EPA's analysis of Alaska's SIP revision?
VI. What are EPA's conclusions concerning the removal of the I/M
program in Anchorage?
VII. Statutory and Executive Order Reviews

I. What is EPA's proposed action?

    EPA is proposing to approve revisions to the Alaska I/M program
contained in the State's September 29, 2010, submittal. The submittal
contains substantial revisions to the Anchorage CO maintenance plan
that remove the I/M program as an active control measure for CO in the
SIP and move it to the contingency measures portion of the SIP. Upon
final approval of this revision by EPA, the I/M program in Anchorage
will no longer be an active control measure in the SIP, but will be a
contingency measure that may be implemented in the future if the need
arises.

II. What is the background for this proposed action?

    Anchorage, Alaska, was first declared a nonattainment area for CO
and classified as moderate on January 27, 1978. The Municipality of
Anchorage prepared a plan to attain the CO National Ambient Air Quality
Standard (NAAQS) \1\ by December 31, 1987; however, Anchorage failed to
achieve attainment by December 31, 1987. The CAA was amended in
November 1990, and EPA designated Anchorage as a moderate nonattainment
area for CO and required submission of a revised air quality plan to
bring Anchorage into attainment by December 31, 1995. EPA approved the
plan in 1995, however, two violations of the NAAQS in 1996 resulted in
EPA reclassifying Anchorage to serious nonattainment on July 13, 1998,
with an attainment date of December 31, 2000. The State submitted a new
plan on January 4, 2002, and EPA proposed approval of the plan (67 FR
38218) on June 3, 2002. On September 18, 2002, EPA approved the
Anchorage CO attainment plan (67 FR 58711).
---------------------------------------------------------------------------

    \1\ The national 8-hour CO ambient standard is attained when the
highest 8-hour CO concentration of 9 parts per million (ppm) is
exceeded no more than one time in a calendar year. EPA has proposed
to retain the current standard of 9 ppm, based on the latest review
of the CO NAAQS (76 FR 8158, February 11, 2011).
---------------------------------------------------------------------------

    On February 18, 2004, the State submitted a maintenance plan and a
redesignation request for the Anchorage CO nonattainment area. EPA
proposed approval of the Anchorage CO maintenance plan on May 10, 2004
(69 FR 25869) and approved the plan on June 23, 2004 (69 FR 34935). The
maintenance plan relied on control strategies needed to assure
maintenance of the CO NAAQS. The strategy focused on the Federal Motor
Vehicle Emission Control Program, an I/M program, expanded wintertime
transit service, and promotion of engine pre-heaters.
    On March 29, 2002, and December 11, 2006, the State submitted
revisions to the CO SIP. The 2002 submittal revised the statewide I/M
regulations to provide for electronic vehicle inspection renewal and to
remove the requirement for a paper certificate to be maintained in the
vehicle. The 2006 submittal revised the statewide I/M regulations to
lengthen the time period before which new vehicles were required to
obtain their first certificate of inspection from two years to four
years. Each of the submittals also contained minor revisions that were
administrative in nature. On September 15, 2009, EPA proposed to
approve the State's submittals (74 FR 47154) and finalized the approval
on April 21, 2010 (75 FR 13436).

III. What changes to the Alaska SIP were submitted for EPA approval?

    The State has submitted two revisions to the Anchorage CO
maintenance plan: a November 13, 2009, submittal containing revisions
to the statewide I/M program and a September 29, 2010, submittal
discontinuing the I/M program in Anchorage as an active

control measure in the SIP and shifting it to a contingency measure.
    The 2010 submittal supersedes the 2009 submittal with a significant
revision to the Anchorage CO maintenance plan that will remove the I/M
program as an active control measure in the SIP upon final approval of
this revision by EPA. The 2010 submittal updates the 2007-2023
emissions inventory to account for the removal of the I/M program after
2011 and includes a revised motor vehicle emissions budget. The
submittal moves the I/M program as an active control measure in the SIP
and shifts it to a contingency measure that can be implemented should a
violation of the CO standard occur. The 2010 submittal also includes
the contingency measures that were updated in the 2009 submittal. In
addition, the 2010 submittal establishes CO background values to be
used in future CO project-level conformity analyses.\2\
---------------------------------------------------------------------------

    \2\ There is no requirement to establish CO background values
for project-level conformity analyses in the SIP. EPA is not
proposing to take action on this component of the 2010 submittal.
---------------------------------------------------------------------------

    Alaska's 2010 SIP amendment submittal is reviewed below. The EPA
has also prepared a Technical Support Document (TSD) with more detailed
analysis of the SIP revisions the State submitted for approval. The TSD
is available for public review as part of the docket for this action.

IV. What criteria apply to Alaska's request?

    The Anchorage CO maintenance plan relies on control strategies
needed to assure maintenance of the NAAQS for CO. As stated earlier in
this document, one of the primary control measures is an I/M program.
The I/M program may be revised or removed as an active control measure
in the SIP, provided the State can satisfy the requirements of CAA
section 110(l), which states:

    Each revision to an implementation plan submitted by a State
under this Act shall be adopted by such State after reasonable
notice and public hearing. The Administrator shall not approve a
revision to a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of this Act.

    EPA must evaluate whether the State's proposed revisions will
interfere with attainment or maintenance of any NAAQS and any other
applicable requirement of the Act. In addition, although EPA may
approve removal of a control measure with such a demonstration, any
measure that is removed from the active portion of a SIP must be
retained as a contingency measure under section 175A(d) of the Act.\3\
EPA's review concerns the removal of the I/M program. We are not acting
on the State's addition of CO background concentrations for CO project-
level conformity analyses.
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    \3\ See September 4, 1992 memorandum from John Calcagni to the
EPA Air Division Directors (``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' Memorandum from John Calcagni,
Director, Air Quality Management Division).
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V. What is EPA's analysis of Alaska's SIP revision?

    To satisfy section 110(l) of the Act, the State submitted a
technical analysis using probabilistic rollback modeling that
demonstrates that the State will continue to maintain the CO standard
in Anchorage without the I/M program in place. All of the technical
work contained in the State's submittal was performed using similar
methodology that the State used to demonstrate maintenance in the
Anchorage maintenance plan that EPA approved in 2004. Where data was
available, emissions inventory and modeling inputs were updated with
more recent information. This is explained further in our review and
analysis of the State's submittal below and in the TSD for this
proposed action. The Anchorage CO maintenance area is well within the
attainment limits for all of the other criteria pollutants that are
monitored in the area.\4\ Based on this information, EPA concludes that
removing the I/M program will not interfere with attainment or
maintenance of other NAAQS.
---------------------------------------------------------------------------

    \4\ See air quality monitoring data reports in the docket.
---------------------------------------------------------------------------

A. Emissions inventory

    The State submitted an updated emissions inventory for the period
2007-2023. The inventory was prepared in accordance with EPA's CO
emissions inventory guidance.\5\ The inventory included emissions for
stationary sources, area sources, non-road mobile sources and on-road
mobile sources on a typical 24-hour winter day. The State prepared an
area-wide inventory of the Anchorage CO maintenance area and a micro-
inventory of the area surrounding the Turnagain monitoring station in
west Anchorage. The Turnagain station exhibits the highest CO
concentrations of the current monitoring network; it has been shown to
be approximately 20% higher than the next highest site. The Turnagain
micro-inventory provides added insight into the sources of CO
surrounding the monitor and guided the State in developing control
strategies for the Anchorage CO maintenance area. The State projected
the area-wide and Turnagain inventories from the 2007 base year
inventory to the years 2008-2023. The complete inventory is included in
the State's submittal. The TSD for this proposed action contains a
detailed discussion and table of emissions from the 2007-2023
inventory.
---------------------------------------------------------------------------

    \5\ Emissions Inventory Requirements for Carbon Monoxide State
Implementation Plans EPA-450/4-91-011.
---------------------------------------------------------------------------

Area-wide Emissions Inventory
    In the 2010 submittal, the area-wide inventory depicts elimination
of the I/M program starting in 2011. Without an I/M program, total
area-wide CO emissions are projected to decline by 3.5 tons per day
(tpd) (3.5%) between the 2007 base year (101 tpd) and the 2023 horizon
planning year (97.5 tpd). This is caused by a 16% reduction in on-road
emissions (from 51.04 tpd to 42.85 tpd) during this timeframe. The
primary driver of lower on-road emissions is a sustained reduction in
average in-use emission rates as newer, cleaner vehicles continue to
replace older, higher emitting vehicles. Projections from the area-wide
emissions inventory indicate that CO emissions reductions from 2007-
2023 are expected to occur in Anchorage either with or without the I/M
program in place.
Turnagain Micro-Inventory
    The Turnagain micro-inventory represents the area near the
Turnagain monitoring station, located in the Spenard-area neighborhood,
which the State has identified as having the highest CO concentrations
of all the monitoring stations in Anchorage. Maximum 8-hour
concentrations were typically 10 to 20% higher than the next highest
site, Garden, in east Anchorage. During a 1997-98 CO Saturation Study,
8-hour CO concentrations at the Turnagain site were the highest among
the 20 sites included in the study. The State provided support to
establish that the probability of exceeding the NAAQS at the Turnagain
station at current CO emission levels is about 1 in 100 while the
probability of violating at the Garden station is less than 1 in 1,000.
For this reason, the State prepared a micro-inventory of the area
surrounding the Turnagain monitoring site for the maintenance
demonstration. In order to perform this demonstration, CO emissions
were estimated from the 2007 base year and projected through 2023.
Emissions are projected to decrease by about 12% in the Turnagain
micro-inventory area without an I/M program. The micro-inventory trends
are consistent with the area-wide trends.

B. Maintenance Demonstration

    Because the Turnagain monitoring site exhibits the highest CO
concentrations in the monitoring network, the State used the micro-
inventory from the Turnagain area in the maintenance demonstrations.
The State used a probabilistic roll-forward approach to demonstrate
maintenance with the CO standard. A detailed discussion of this
methodology and results can be found in the State's submittal and in
EPA's TSD for this proposed action.
    Consistent with methods used in previous plans submitted by the
State and approved by EPA, at least a 90% confidence interval is
desirable for a long-term demonstration of attainment for a maintenance
plan. Based on the modeling results contained in the State's submittal,
the probability of attainment is 99% or higher for all years in the
State's maintenance demonstration. In addition, the State performed a
sensitivity analysis that assumed three times higher rates of growth in
vehicle travel than projected and a 2% per annum growth in wood
burning. The probability of compliance with the higher rates remains at
99% or greater each year through 2023 with or without an I/M program.
EPA's evaluation of the probabilistic rollback modeling in the State's
2010 submittal concludes that the Anchorage area will continue to
attain and maintain the CO standard through the year 2023 without the
I/M program in place. Therefore, EPA is proposing to approve this
modification to the State's CO SIP.

C. Contingency Measures

    As a primary control strategy in the current CO SIP, the I/M
program for Anchorage must be retained as a contingency measure. In
addition to this contingency measure, the previously approved
contingency measures in the SIP continue to apply. As stated above,
section 175A(d) of the Act requires that the State will implement all
measures with respect to the control of the air pollutant concerned
which were contained in the SIP for the area before redesignation of
the area to attainment. To satisfy this requirement, the I/M program
will no longer serve as an active control measure in the SIP and will
shift to a contingency measure that will be available for
implementation if needed to ensure continued maintenance of the CO
NAAQS. As documented in the State's 2010 submittal, Anchorage will
retain the local legal authority necessary to implement the I/M program
as a contingency measure. Similarly, the State will retain its
authority to implement the I/M program.
    The 2009 submittal, for which EPA is not taking action, updated the
contingency measures section of the Anchorage CO maintenance plan. EPA
is proposing to approve the contingency measures specified in the 2010
submittal, which include some that were originally included in the
State's 2009 submittal. The revised CO contingency measures that EPA is
proposing to include in this action include the following strategies:
Increase public awareness and education, transit, carpool, and vanpool
promotion efforts; curtail or limit the use of fireplaces, wood stoves
and other wood burning appliances when high CO is predicted; promote
increase in transit ridership among commuters by offering reduced fares
or free transit fares for employees of companies that contribute to
subsidy.

D. Conformity Budget

    Under section 176 of the Act, transportation plans, programs, and
projects in nonattainment or maintenance areas that are funded or
approved under 23 U.S.C. or the Federal Transit Act must conform to an
approved SIP. In short, a transportation plan is deemed to conform to
the applicable SIP if the emissions resulting from implementation of
that transportation plan are less than or equal to the motor vehicle
emission level established in the SIP for the maintenance year and
other analysis years. A motor vehicle emissions budget applies as a
ceiling on emissions in the year for which it is defined, and for all
subsequent years until another year for which a budget is defined or
until a SIP revision modifies the budget.
    The State's submittal establishes a new on-road motor vehicle
emissions budget for the Anchorage area to be used for transportation
conformity and regional conformity analyses. Once the motor vehicle
emissions budget is approved by EPA, emissions modeled from the
transportation network reflected in the Anchorage Long Range
Transportation Plan and Transportation Improvement Program (TIP) must
be less than or equal to the approved motor vehicle emissions budget.
For projects not from a conforming TIP, the additional emissions from
the project together with the TIP emission must be less than or equal
to the budget.
    Consistent with the previously approved Anchorage CO maintenance
plan, the motor vehicle emissions budget is based on emissions
inventories and attainment thresholds calculated using a hybrid method
that combined measured idle test data and plug-in data with outputs
from MOBILE6.2. The maintenance plan sets out a means for agencies to
compute emissions for use in TIP and project conformity determinations.
    The Anchorage motor vehicle emissions budget is based on the
emission inventories and attainment projections found in the State's
submittal. The State used the most recent population, employment, and
land use assumptions and forecasts to generate the 2007 base year CO
inventory and forecasts through 2023. This motor vehicle emissions
budget applies for each of the years listed in the table below. The
values presented are based upon the 90% confidence level target for
maintenance plans.

                Anchorage Motor Vehicle Emissions Budget
------------------------------------------------------------------------
                                                                  CO
                       Calendar year                          Emissions
                                                                (tpd)
------------------------------------------------------------------------
2007.......................................................         92.1
2008.......................................................         91.7
2009.......................................................         91.2
2010.......................................................         90.8
2011.......................................................         90.3
2012.......................................................         89.9
2013.......................................................         89.4
2014.......................................................         89.0
2015.......................................................         88.5
2016.......................................................         88.0
2017.......................................................         87.6
2018.......................................................         87.0
2019.......................................................         86.4
2020.......................................................         85.8
2021.......................................................         85.2
2022.......................................................         84.6
2023.......................................................         84.0
------------------------------------------------------------------------

    Based on this analysis, EPA concludes that the conformity budget in
the 2010 submittal meets the purpose of section 176(c)(2)(A) and meets
the criteria contained in the conformity rule 40 CFR 93.118(e)(4).
Accordingly, EPA is proposing to approve the conformity budget
contained in the State's 2010 submittal.

VI. What are EPA's conclusions concerning the removal of the I/M
program in Anchorage?

    The State's forecast and analysis of motor vehicle pollutant
emissions show that CO concentrations will decline substantially in
Anchorage through 2023 without the I/M program in place. The Anchorage
CO maintenance area is well within the attainment limits for all of the
criteria pollutants that are monitored in the area. Based on this
information, EPA concludes that removing the I/M program will not
interfere with attainment or

maintenance of CO or any other NAAQS in the area. EPA finds that the
2010 submittal meets the requirements of section 110(l) of the Act and
proposes to approve it. EPA is not proposing to take action on the
State's CO background concentrations for CO project-level conformity
analyses.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed 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, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: August 25, 2011.
Michael A. Bussell,
Acting Regional Administrator, Region 10.
[FR Doc. 2011-22841 Filed 9-6-11; 8:45 am]
BILLING CODE 6560-50-P