[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Notices]
[Page 55871-55873]
[DOCID:fr26se08-88]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0036]

Inorganic Arsenic Standard; Extension of the Office of Management
and Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Inorganic Arsenic Standard (29 CFR 1910.1018).

DATES: Comments must be submitted (postmarked, sent, or received) by
November 25, 2008.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0036,
U.S.

Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2008-0036). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://
www.regulations.gov. For further information on submitting comments see
the ``Public Participation'' heading in the section of this notice
titled ``SUPPLEMENTARY INFORMATION.''
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Jamaa Hill at the
address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing efforts to
reduce paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657). The information collection
requirements in the Inorganic Arsenic Standard provide protection for
employees from the adverse health effects associated with exposure to
inorganic arsenic. The Inorganic Arsenic Standard requires employers
to: Monitor employees' exposure to inorganic arsenic; monitor employee
health; develop and maintain employee exposure monitoring and medical
records; establish and implement written compliance programs; and
provide employees with information about their exposures and health
effects of exposure to inorganic arsenic.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Inorganic Arsenic Standard (29
CFR 1910.1018). OSHA is proposing to decrease its current burden hour
estimate of 4,861 to 385, a total decrease of -4,476 hours. The Agency
reduced the number of employers covered by the standard from 42
employers to 3 employers as a result of a significant decline in
arsenic consumption in the United States.
    The Agency will summarize the comments submitted in response to
this notice and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on Inorganic Arsenic (29 CFR 1910.1018).
    OMB Number: 1218-0104.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 3.
    Frequency of Response: On occasion.
    Average Time per Response: Time per response ranges from 5 minutes
to maintain records to 1.67 hours to complete a medical examination.
    Estimated Total Burden Hours: 385.
    Estimated Cost (Operation and Maintenance): $31,165.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2008-0036). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection

and copying at the OSHA Docket Office. Information on using the http://
www.regulations.gov Web site to submit comments and access the docket
is available at the Web site's ``User Tips'' link. Contact the OSHA
Docket Office for information about materials not available through the
Web site, and for assistance in using the Internet to locate docket
submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31159).

    Signed at Washington, DC, this 22nd day of September 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-22666 Filed 9-25-08; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80781-80783]
[FR Doc No: 2023-25545]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98932; File No. SR-OCC-2023-007]

Self-Regulatory Organizations; Options Clearing Corporation;
Notice of Filing of Partial Amendment No. 1 and Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change, as Modified by Partial Amendment No. 1, Concerning
Modifications to the Amended and Restated Stock Options and Futures
Settlement Agreement Between The Options Clearing Corporation and the
National Securities Clearing Corporation

November 14, 2023.

I. Introduction

    On August 10, 2023, the Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2023-007 (``Proposed Rule Change'')
pursuant to Section 19(b) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 \2\ thereunder to modify the
Amended and Restated Stock Options and Futures Settlement Agreement
dated August 5, 2017, between OCC and National Securities Clearing
Corporation, OCC's rules related to liquidity risk management, and
OCC's rules related to default management in connection with the
proposed modifications to the Existing Accord.\3\ The Proposed Rule
Change was published for public comment in the Federal Register on
August 30, 2023.\4\ The Commission has received no comments regarding
the Proposed Rule Change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Notice of Filing infra note 4, at 88 FR 59976.
    \4\ Securities Exchange Act Release No. 98215 (Aug. 24, 2023),
88 FR 59976 (Aug. 30, 2023) (File No. SR-OCC-2023-007) (``Notice of
Filing''). OCC also filed a related advance notice (SR-OCC-2023-801)
(``Advance Notice'') with the Commission pursuant to Section
806(e)(1) of Title VIII of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, entitled the Payment, Clearing, and
Settlement Supervision Act of 2010 and Rule 19b-4(n)(1)(i) under the
Exchange Act. 12 U.S.C. 5465(e)(1). 15 U.S.C. 78s(b)(1) and 17 CFR
240.19b-4, respectively. The Advance Notice was published in the
Federal Register on August 30, 2023. Securities Exchange Act Release
No. 98214 (Aug. 24, 2023), 88 FR 59988 (Aug. 30, 2023) (File No. SR-
OCC-2023-801).
---------------------------------------------------------------------------

    On September 25, 2023, pursuant to Section 19(b)(2) of the Exchange
Act,\5\ the Commission designated a longer period within which to
approve, disapprove, or institute proceedings to determine whether to
approve or disapprove the Proposed Rule Change.\6\ On November 8, 2023,
OCC filed a Partial Amendment No. 1 to the Proposed Rule Change.\7\ The
Commission is publishing this notice to solicit comments on Partial
Amendment No. 1 from interested persons and is instituting proceedings,
pursuant to Section 19(b)(2)(B) of the Exchange Act,\8\ to determine
whether to approve or disapprove the proposed rule change, as modified
by the Partial Amendment No. 1 (hereinafter defined as ``Proposed Rule
Change'').
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ Securities Exchange Act Release No. 98508 (Sep. 25, 2023),
88 FR 67407 (Sep. 29, 2023) (File No. SR-OCC-2023-007).
    \7\ Partial Amendment No. 1 delays implementation of the
proposed change. As amended, OCC would implement the proposed rule
change within 90 days of receiving all necessary regulatory
approvals and would announce the specific date of implementation on
its public website at least 14 days prior to implementation. The
delay is proposed in light of the technical system changes that are
required to implement the liquidity stress testing enhancements and
to be able to provide sufficient notice to Clearing Members
following receipt of approval.
    \8\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Summary of the Proposed Rule Change

    NSCC is a clearing agency that provides clearing, settlement, risk
management, and central counterparty services for trades involving
equity securities. OCC is the sole clearing agency for standardized
equity options

listed on national securities exchanges registered with the Commission,
including options that contemplate the physical delivery of equities
cleared by NSCC in exchange for cash (``physically settled''
options).\9\ OCC also clears certain futures contracts that, at
maturity, require the delivery of equity securities cleared by NSCC in
exchange for cash. As a result, the exercise and assignment of certain
options or maturation of certain futures cleared by OCC effectively
results in stock settlement obligations to be cleared by NSCC (``E&A
Activity''). NSCC and OCC maintain a legal agreement, generally
referred to by the parties as the ``Accord'' agreement, that governs
the processing of such E&A Activity for firms that are members of both
OCC and NSCC (``Common Members'').
---------------------------------------------------------------------------

    \9\ The term ``physically-settled'' as used throughout the OCC
Rulebook refers to cleared contracts that settle into their
underlying interest (i.e., options or futures contracts that are not
cash-settled). When a contract settles into its underlying interest,
shares of stock are sent (i.e., delivered) to contract holders who
have the right to receive the shares from contract holders who are
obligated to deliver the shares at the time of exercise/assignment
in the case of an option and maturity in the case of a future.
---------------------------------------------------------------------------

    Under certain circumstances, the Accord currently allows NSCC not
to guaranty the settlement of securities arising out of E&A Activity
for a defaulted Common Member. To the extent NSCC chooses not to
guaranty such transactions, OCC would have to engage in an alternate
method of settlement outside of NSCC to manage the default of the
Common Member, which presents two issues. First, based on historical
data, the cash required for such alternative settlement could be as
much as $300 billion.\10\ Second, settlement outside of NSCC introduces
significant operational complexities.\11\
---------------------------------------------------------------------------

    \10\ See Notice of Filing, 88 FR at 59977.
    \11\ See id.
---------------------------------------------------------------------------

    OCC proposes to revise the Accord to address the liquidity and
operational issues that arise under the current Accord. Specifically,
the proposed changes to the Accord would require NSCC to guaranty the
positions of a defaulting Common Member if OCC makes a payment to cover
the incremental risk posed by such positions (the ``Guaranty
Substitution Payment'' or ``GSP''). Based on historical data, the GSP
could be as much as $6 billion (in contrast with the potential $300
billion required for alternative settlement).\12\
---------------------------------------------------------------------------

    \12\ See id.
---------------------------------------------------------------------------

    The total amount owed by the Common Member would be a combination
of the member's unpaid deposit to the NSCC Clearing Fund (``Required
Fund Deposit'') \13\ and Supplemental Liquidity Deposit.\14\ The SLD
portion of the GSP would be the unpaid SLD associated with any E&A
Activity. The Required Fund Deposit portion of the GSP, however, would
be estimated by reference to the day-over-day change in gross market
value of the Common Member's positions at NSCC as a proxy for
estimating what percentage of the member's Required Fund Deposit is
attributable to E&A Activity. OCC acknowledges that this methodology
overestimates or underestimates the Required Fund Deposit attributable
to a Common Member's E&A activity, but states that current technology
constraints prohibit NSCC from performing a precise calculation of the
GSP on a daily basis for every Common Member.\15\
---------------------------------------------------------------------------

    \13\ The Required Fund Deposit is calculated pursuant to Rule 4
(Clearing Fund) and Procedure XV (Clearing Fund Formula and Other
Matters) of the NSCC Rules. See Notice of Filing, 88 FR at 59979,
n.27.
    \14\ Under the NSCC Rules, NSCC collects additional cash
deposits from those Members who would generate the largest
settlement debits in stressed market conditions, referred to as
``Supplemental Liquidity Deposits'' or ``SLD.'' See Rule 4A of the
NSCC Rules. See also Notice of Filing, 88 FR at 59979, n.28.
    \15\ See Notice of Filing, 88 FR at 59979-80. OCC and NSCC have
agreed that performing the necessary technology build at this time
would delay the implementation of this proposal. Therefore, NSCC
would consider incorporating those technology updates into future
revisions to the Accord, for example in connection with a move to a
shorter settlement cycle in the U.S. equities markets. See Notice of
Filing, 88 FR at 59980, n.31.
---------------------------------------------------------------------------

    In addition to revising the Accord, OCC also proposes changes to
its rules in connection with the proposed changes to the Accord. For
example, OCC proposes to change its rules to permit payment of the GSP
to NSCC. OCC further proposes to revise its rules related to liquidity
risk management to account for the potential need to make such a
payment to NSCC. OCC proposes to incorporate the GSP into its stress
testing framework as a liquidity demand and would estimate the
potential demand based on the peak GSP observed over a one-year
lookback.\16\ Such stress testing would be based on the total GSP,
rather than the portion estimated to arise out of E&A activity.
---------------------------------------------------------------------------

    \16\ Because not all types of expirations are the same with
respect to the notional amount of activity sent by OCC to NSCC, OCC
proposes to use five separate categories of expirations with
potentially different GSP amounts to apply. See Notice of Filing, 88
FR at 59986 (defining the following five categories: standard
monthly expiration, end of week expirations, end of month
expiration, bank holiday expirations, and daily expirations).
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Exchange Act to determine whether the Proposed Rule
Change should be approved or disapproved.\17\ Institution of
proceedings is appropriate at this time in view of the legal and policy
issues raised by the Proposed Rule Change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, the Commission seeks and
encourages interested persons to comment on the Proposed Rule Change,
which would provide the Commission with arguments to support the
Commission's analysis as to whether to approve or disapprove the
Proposed Rule Change.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Exchange Act,\18\ the
Commission is providing notice of the grounds for disapproval under
consideration. The Commission is instituting proceedings to allow for
additional analysis of, and input from commenters with respect to, the
Proposed Rule Change's consistency with Section 17A of the Exchange Act
\19\ and the rules thereunder, including the following provisions:
---------------------------------------------------------------------------

    \18\ Id.
    \19\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

     Section 17A(b)(3)(F) of the Exchange Act,\20\ which
requires, among other things, that the rules of a clearing agency are
designed to promote the prompt and accurate clearance and settlement of
securities transactions and derivative agreements, contracts, and
transactions; to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible; to foster cooperation and coordination with persons
engaged in the clearance and settlement of securities transactions;
and, in general, to protect investors and the public interest;
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(1) under the Exchange Act,\21\ which
requires that a covered clearing agency establish, implement, maintain,
and enforce written policies and procedures reasonably designed to
provide for a well-founded, clear, transparent, and enforceable legal
basis for each aspect of its activities in all relevant jurisdictions;
---------------------------------------------------------------------------

    \21\ 17 CFR 240.17Ad-22(e)(1).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(7) under the Exchange Act,\22\ which
requires, in part,

that a covered clearing agency establish, implement, maintain, and
enforce written policies and procedures reasonably designed to
effectively measure, monitor, and manage the liquidity risk that arises
in or is borne by the covered clearing agency, including measuring,
monitoring, and managing its settlement and funding flows on an ongoing
and timely basis, and its use of intraday liquidity; and
---------------------------------------------------------------------------

    \22\ 17 CFR 240.17Ad-22(e)(7).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(20) under the Exchange Act,\23\ which
requires that a covered clearing agency establish, implement, maintain,
and enforce written policies and procedures reasonably designed to
identify, monitor, and manage risks related to any link the covered
clearing agency establishes with one or more other clearing agencies,
financial market utilities, or trading markets.
---------------------------------------------------------------------------

    \23\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the Proposed Rule Change. In particular, the Commission invites
the written views of interested persons concerning whether the Proposed
Rule Change is consistent with Section 17A(b)(3)(F) \24\ and Rules
17Ad-22(e)(1), (e)(7), and (e)(20) \25\ of the Exchange Act, or any
other provision of the Exchange Act, or the rules and regulations
thereunder. Although there do not appear to be any issues relevant to
approval or disapproval that would be facilitated by an oral
presentation of views, data, and arguments, the Commission will
consider, pursuant to Rule 19b-4(g) under the Exchange Act,\26\ any
request for an opportunity to make an oral presentation.\27\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78q-1(b)(3)(F).
    \25\ 17 CFR 240.17Ad-22(e)(1), 17 CFR 240.17Ad-22(e)(7), and 17
CFR 240.17Ad-22(e)(20).
    \26\ 17 CFR 240.19b-4(g).
    \27\ Section 19(b)(2) of the Exchange Act grants to the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    The Commission asks that commenters address the sufficiency of
OCC's statements in support of the Proposed Rule Change, which are set
forth in the Notice of Filing \28\ in addition to any other comments
they may wish to submit about the Proposed Rule Change.
---------------------------------------------------------------------------

    \28\ See OCC Notice of Filing, supra note 4.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-OCC-2023-007 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-OCC-2023-007. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the Proposed Rule Change that are
filed with the Commission, and all written communications relating to
the Proposed Rule Change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of OCC and on OCC's
website at https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number SR-OCC-2023-007 and should
be submitted on or before December 11, 2023. Rebuttal comments should
be submitted by December 26, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-25545 Filed 11-17-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Rules and Regulations]
[Page 68704-68710]
[DOCID:fr09no10-14]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8155]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance

with program regulations, 44 CFR part 59. Accordingly, the communities
will be suspended on the effective date in the third column. As of that
date, flood insurance will no longer be available in the community.
However, some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 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.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region II

New York:
    Afton, Town of, Chenango           361084  December 26,       Nov. 26, 2010           Nov. 26, 2010.
     County.                                    1975, Emerg;
                                                October 15,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Afton, Village of, Chenango        360979  March 13, 1975,    ......*do.............   do.
     County.                                    Emerg; October
                                                15, 1981, Reg;
                                                November 26,
                                                2010, Susp.
    Bainbridge, Town of,               361085  March 18, 1976,    ......do..............   do.
     Chenango County.                           Emerg; November
                                                18, 1983, Reg;
                                                November 26,
                                                2010, Susp.
    Bainbridge, Village of,            360158  December 4, 1974,  ......do..............   do.
     Chenango County.                           Emerg; October
                                                5, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Columbus, Town of, Chenango        361086  November 18,       ......do..............   do.
     County.                                    1975, Emerg;
                                                April 8, 1983,
                                                Reg; November
                                                26, 2010, Susp.
    Coventry, Town of, Chenango        361375  September 20,      ......do..............   do.
     County.                                    1976, Emerg;
                                                October 15,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    German, Town of, Chenango          361587  November 18,       ......do..............   do.
     County.                                    1983, Emerg;
                                                September 24,
                                                1984, Reg;
                                                November 26,
                                                2010, Susp.
    Greene, Town of, Chenango          361087  January 12, 1976,  ......do..............   do.
     County.                                    Emerg; August 3,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Greene, Village of,                360159  March 4, 1977,     ......do..............   do.
     Chenango County.                           Emerg; August 3,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Guilford, Town of, Chenango        361088  March 4, 1976,     ......do..............   do.
     County.                                    Emerg; July 6,
                                                1984, Reg;
                                                November 26,
                                                2010, Susp.
    Lincklaen, Town of,                361376  May 14, 1976,      ......do..............   do.
     Chenango County.                           Emerg; March 23,
                                                1984, Reg;
                                                November 26,
                                                2010, Susp.
    McDonough, Town of,                361377  March 26, 1976,    ......do..............   do.
     Chenango County.                           Emerg; June 5,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.

    New Berlin, Town of,               361303  December 10,       ......do..............   do.
     Chenango County.                           1975, Emerg;
                                                June 5, 1985,
                                                Reg; November
                                                26, 2010, Susp.
    New Berlin, Village of,            360160  September 11,      ......do..............   do.
     Chenango County.                           1975, Emerg;
                                                November 4,
                                                1983, Reg;
                                                November 26,
                                                2010, Susp.
    North Norwich, Town of,            361089  May 25, 1976,      ......do..............   do.
     Chenango County.                           Emerg; August
                                                24, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Norwich, City of, Chenango         360161  April 26, 1974,    ......do..............   do.
     County.                                    Emerg; December
                                                18, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Norwich, Town of, Chenango         360162  August 7, 1975,    ......do..............   do.
     County.                                    Emerg; November
                                                15, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Otselic, Town of, Chenango         361090  June 15, 1976,     ......do..............   do.
     County.                                    Emerg; June 5,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    Oxford, Town of, Chenango          361304  March 21, 1975,    ......do..............   do.
     County.                                    Emerg; August
                                                24, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Oxford, Village of,                360163  June 4, 1975,      ......do..............   do.
     Chenango County.                           Emerg; September
                                                10, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Pitcher, Town of, Chenango         361092  September 26,      ......do..............   do.
     County.                                    1975, Emerg;
                                                March 4, 1986,
                                                Reg; November
                                                26, 2010, Susp.
    Plymouth, Town of, Chenango        361305  September 30,      ......do..............   do.
     County.                                    1975, Emerg;
                                                November 4,
                                                1983, Reg;
                                                November 26,
                                                2010, Susp.
    Preston, Town of, Chenango         361306  December 27,       ......do..............   do.
     County.                                    1976, Emerg;
                                                April 1, 1983,
                                                Reg; November
                                                26, 2010, Susp.
    Sherburne, Village of,             360164  August 18, 1975,   ......do..............   do.
     Chenango County.                           Emerg; September
                                                10, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Smithville, Town of,               361040  April 17, 1980,    ......do..............   do.
     Chenango County.                           Emerg; November
                                                4, 1983, Reg;
                                                November 26,
                                                2010, Susp.
    Smyrna, Town of, Chenango          361308  February 2, 1976,  ......do..............   do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Smyrna, Village of,                361378  November 12,       ......do..............   do.
     Chenango County.                           1975, Emerg;
                                                October 15,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.

           Region III

Pennsylvania:
    Barnett, Township of,              421643  March 7, 1977,     ......do..............   do.
     Forest County.                             Emerg; December
                                                1, 1986, Reg;
                                                November 26,
                                                2010, Susp.
    Green, Township of, Forest         421644  January 16, 1980,  ......do..............   do.
     County.                                    Emerg; June 19,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    Harmony, Township of,              421645  August 14, 1975,   ......do..............   do.
     Forest County.                             Emerg; November
                                                5, 1986, Reg;
                                                November 26,
                                                2010, Susp.
    Hickory, Township of,              421646  December 17,       ......do..............   do.
     Forest County.                             1975, Emerg;
                                                November 19,
                                                1986, Reg;
                                                November 26,
                                                2010, Susp.
    Howe, Township of, Forest          421647  September 16,      ......do..............   do.
     County.                                    1975, Emerg;
                                                June 1, 1987,
                                                Reg; November
                                                26, 2010, Susp.
    Jenks, Township of, Forest         422422  November 1, 1976,  ......do..............   do.
     County.                                    Emerg; February
                                                15, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Kingsley, Township of,             422423  February 25,       ......do..............   do.
     Forest County.                             1977, Emerg;
                                                June 1, 1987,
                                                Reg; November
                                                26, 2010, Susp.
    Tionesta, Borough of,              421648  May 12, 1975,      ......do..............   do.
     Forest County.                             Emerg; November
                                                5, 1986, Reg;
                                                November 26,
                                                2010, Susp.
    Tionesta, Township of,             420468  February 28,       ......do..............   do.
     Forest County.                             1977, Emerg;
                                                February 15,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.

           Region IV

Alabama:
    Coosa County,                      010052  August 7, 1975,    ......do..............   do.
     Unincorporated Areas.                      Emerg; August
                                                15, 1984, Reg;
                                                November 26,
                                                2010, Susp.
    Goodwater, Town of, Coosa          010387  March 25, 2008,    ......do..............   do.
     County.                                    Emerg; November
                                                26, 2010, Reg;
                                                November 26,
                                                2010, Susp.
Mississippi:
    Abbeville, Town of,                280309  February 24,       ......do..............   do.
     Lafayette County.                          2010, Emerg;
                                                November 26,
                                                2010, Reg;
                                                November 26,
                                                2010, Susp.
    Lafayette County,                  280093  N/A, Emerg;        ......do..............   do.
     Unincorporated Areas.                      December 8,
                                                2006, Reg;
                                                November 26,
                                                2010, Susp.
    Oxford, City of, Lafayette         280094  August 30, 1973,   ......do..............   do.
     County.                                    Emerg; September
                                                29, 1978, Reg;
                                                November 26,
                                                2010, Susp.
Tennessee:
    Bledsoe County,                    470219  November 1, 2007,  ......do..............   do.
     Unincorporated Areas.                      Emerg; March 1,
                                                2008, Reg;
                                                November 26,
                                                2010, Susp.
    Pikeville, City of, Bledsoe        470011  September 10,      ......do..............   do.
     County.                                    1975, Emerg; May
                                                17, 1988, Reg;
                                                November 26,
                                                2010, Susp.

            Region V

Illinois:
    Brookport, City of, Massac         170468  May 23, 1997,      ......do..............   do.
     County.                                    Emerg; November
                                                26, 2010, Reg;
                                                November 26,
                                                2010, Susp.
    Massac County,                     170467  July 25, 1975,     ......do..............   do.
     Unincorporated Areas.                      Emerg; July 5,
                                                1983, Reg;
                                                November 26,
                                                2010, Susp.
Michigan:
    Bellevue, Village of, Eaton        260566  August 20, 1975,   ......do..............   do.
     County.                                    Emerg; July 3,
                                                1986, Reg;
                                                November 26,
                                                2010, Susp.
    Carmel, Township of, Eaton         260682  June 11, 1976,     ......do..............   do.
     County.                                    Emerg; January
                                                31, 1979, Reg;
                                                November 26,
                                                2010, Susp.
    Charlotte, City of, Eaton          260065  May 16, 1975,      ......do..............   do.
     County.                                    Emerg; July 2,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Delta, Charter Township of,        260066  December 5, 1974,  ......do..............   do.
     Eaton County.                              Emerg; March 2,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Dimondale, Village of,             260333  September 21,      ......do..............   do.
     Eaton County.                              1976, Emerg;
                                                September 30,
                                                1980, Reg;
                                                November 26,
                                                2010, Susp.
    Eaton Rapids, City of,             260067  June 18, 1975,     ......do..............   do.
     Eaton County.                              Emerg; October
                                                15, 1982, Reg;
                                                November 26,
                                                2010, Susp.
    Eaton Rapids, Township of,         260391  June 2, 1978,      ......do..............   do.
     Eaton County.                              Emerg; December
                                                15, 1983, Reg;
                                                November 26,
                                                2010, Susp.
    Grand Ledge, City of,              260068  July 18, 1975,     ......do..............   do.
     Clinton and Eaton Counties.                Emerg; January
                                                2, 1981, Reg;
                                                November 26,
                                                2010, Susp.
    Olivet, City of, Eaton             260069  September 3,       ......do..............   do.
     County.                                    1975, Emerg;
                                                November 9,
                                                1979, Reg;
                                                November 26,
                                                2010, Susp.
    Oneida, Charter Township           260070  December 29,       ......do..............   do.
     of, Eaton County.                          1978, Emerg;
                                                July 16, 1981,
                                                Reg; November
                                                26, 2010, Susp.
    Potterville, City of, Eaton        260711  March 9, 1978,     ......do..............   do.
     County.                                    Emerg; September
                                                28, 1979, Reg;
                                                November 26,
                                                2010, Susp.
    Windsor, Charter Township          260071  May 20, 1975,      ......do..............   do.
     of, Eaton County.                          Emerg; January
                                                2, 1981, Reg;
                                                November 26,
                                                2010, Susp.
Minnesota:
    Balaton, City of, Lyon             270553  July 26, 1974,     ......do..............   do.
     County.                                    Emerg; August
                                                19, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Ghent, City of, Lyon County        270257  September 3,       ......do..............   do.
                                                1975, Emerg;
                                                June 8, 1984,
                                                Reg; November
                                                26, 2010, Susp.
    Lynd, City of, Lyon County.        270584  November 8, 1974,  ......do..............   do.
                                                Emerg; August
                                                19, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Lyon County, Unincorporated        270256  June 28, 1974,     ......do..............   do.
     Areas.                                     Emerg; June 1,
                                                1998, Reg;
                                                November 26,
                                                2010, Susp.
    Marshall, City of, Lyon            270258  March 23, 1973,    ......do..............   do.
     County.                                    Emerg; September
                                                30, 1977, Reg;
                                                November 26,
                                                2010, Susp.
    Minneota, City of, Lyon            270259  April 30, 1974,    ......do..............   do.
     County.                                    Emerg; April 6,
                                                2000, Reg;
                                                November 26,
                                                2010, Susp.
    Russell, City of, Lyon             270600  January 30, 1976,  ......do..............   do.
     County.                                    Emerg; July 6,
                                                1984, Reg;
                                                November 26,
                                                2010, Susp.

           Region VI

Arkansas:
    Bellefonte, Town of, Boone         050018  May 5, 1975,       ......do..............   do.
     County.                                    Emerg; November
                                                1, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Bergman, Town of, Boone            050385  June 27, 1975,     ......do..............   do.
     County.                                    Emerg; February
                                                1, 1987, Reg;
                                                November 26,
                                                2010, Susp.
    Boone County,                      050016  November 1, 1989,  ......do..............   do.
     Unincorporated Areas.                      Emerg; January
                                                1, 1992, Reg;
                                                November 26,
                                                2010, Susp.
    Clarksville, City of,              050112  June 26, 1975,     ......do..............   do.
     Johnson County.                            Emerg; September
                                                30, 1982, Reg;
                                                November 26,
                                                2010, Susp.
    Diamond City, City of,             050407  January 13, 1976,  ......do..............   do.
     Boone County.                              Emerg; February
                                                1, 1987, Reg;
                                                November 26,
                                                2010, Susp.
    Harrison, City of, Boone           050020  December 30,       ......do..............   do.
     County.                                    1971, Emerg;
                                                July 16, 1980,
                                                Reg; November
                                                26, 2010, Susp.
    Hartman, Town of, Johnson          050251  November 10,       ......do..............   do.
     County.                                    2009, Emerg;
                                                November 26,
                                                2010, Reg;
                                                November 26,
                                                2010, Susp.
    Lamar, City of, Johnson            050113  April 3, 1975,     ......do..............   do.
     County.                                    Emerg; July 1,
                                                1987, Reg;
                                                November 26,
                                                2010, Susp.
Louisiana:
    Church Point, Town of,             220002  June 23, 1975,     ......do..............   do.
     Acadia Parish.                             Emerg; November
                                                5, 1980, Reg;
                                                November 26,
                                                2010, Susp.
    Crowley, City of, Acadia           225195  August 27, 1971,   ......do..............   do.
     Parish.                                    Emerg; June 30,
                                                1972, Reg;
                                                November 26,
                                                2010, Susp.

    Deridder, City of,                 220027  September 9,       ......do..............   do.
     Beauregard Parish.                         1974, Emerg;
                                                October 19,
                                                1982, Reg;
                                                November 26,
                                                2010, Susp.
    Duson, Town of, Acadia and         220104  November 11,       ......do..............   do.
     Lafayette Parishes.                        1975, Emerg;
                                                September 30,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Estherwood, Village of,            220004  June 12, 1975,     ......do..............   do.
     Acadia Parish.                             Emerg; February
                                                4, 1981, Reg;
                                                November 26,
                                                2010, Susp.
    Iota, Town of, Acadia              220005  January 21, 1975,  ......do..............   do.
     Parish.                                    Emerg; July 18,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    Mermentau, Village of,             220006  January 12, 1976,  ......do..............   do.
     Acadia Parish.                             Emerg; March 2,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Merryville, Town of,               220028  November 1, 1974,  ......do..............   do.
     Beauregard Parish.                         Emerg; February
                                                1, 1987, Reg;
                                                November 26,
                                                2010, Susp.
    Morse, Village of, Acadia          220007  December 8, 1976,  ......do..............   do.
     Parish.                                    Emerg; April 15,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Rayne, City of, Acadia             220008  August 27, 1974,   ......do..............   do.
     Parish.                                    Emerg; March 2,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
Oklahoma:
    Adair County,                      400501  February 17,       ......do..............   do.
     Unincorporated Areas.                      1987, Emerg;
                                                April 1, 1988,
                                                Reg; November
                                                26, 2010, Susp.
    Stillwell, City of, Adair          400001  November 14,       ......do..............   do.
     County.                                    1975, Emerg;
                                                August 4, 1987,
                                                Reg; November
                                                26, 2010, Susp.
Texas:
    Moulton, City of, Lavaca           480433  July 13, 1979,     ......do..............   do.
     County.                                    Emerg; March 4,
                                                1986, Reg;
                                                November 26,
                                                2010, Susp.
    Wilson County,                     480230  January 10, 1974,  ......do..............   do.
     Unincorporated Areas.                      Emerg; March 15,
                                                1978, Reg;
                                                November 26,
                                                2010, Susp.
    Yoakum, City of, Dewitt and        480434  October 8, 1981,   ......do..............   do.
     Lavaca Counties.                           Emerg; September
                                                1, 1987, Reg;
                                                November 26,
                                                2010, Susp.

           Region VII

Missouri:
    Butler County,                     290044  April 26, 1984,    ......do..............   do.
     Unincorporated Areas.                      Emerg; April 3,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    Concordia, City of,                290745  December 17,       ......do..............   do.
     Lafayette County.                          1975, Emerg;
                                                February 9,
                                                1979, Reg;
                                                November 26,
                                                2010, Susp.
    Emma, City of, Lafayette           290587  August 26, 1976,   ......do..............   do.
     and Saline Counties.                       Emerg; March 25,
                                                1977, Reg;
                                                November 26,
                                                2010, Susp.
    Fisk, City of, Butler              290045  August 8, 1975,    ......do..............   do.
     County.                                    Emerg; September
                                                16, 1981, Reg;
                                                November 26,
                                                2010, Susp.
    Granby, City of, Newton            290263  August 26, 1975,   ......do..............   do.
     County.                                    Emerg; July 3,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    Lafayette County,                  290812  June 20, 1983,     ......do..............   do.
     Unincorporated Areas.                      Emerg; September
                                                4, 1986, Reg;
                                                November 26,
                                                2010, Susp.
    Lexington, City of,                290707  February 17,       ......do..............   do.
     Lafayette County.                          1995, Emerg;
                                                November 7,
                                                2001, Reg;
                                                November 26,
                                                2010, Susp.
    Neelyville, City of, Butler        290046  July 3, 1975,      ......do..............   do.
     County.                                    Emerg; May 5,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Neosho, City of, Newton            290265  April 22, 1975,    ......do..............   do.
     County.                                    Emerg; July 5,
                                                1982, Reg;
                                                November 26,
                                                2010, Susp.
    Odessa, City of, Lafayette         290669  April 29, 1976,    ......do..............   do.
     County.                                    Emerg; April 11,
                                                1979, Reg;
                                                November 26,
                                                2010, Susp.
    Poplar Bluff, City of,             290047  July 29, 1975,     ......do..............   do.
     Butler County.                             Emerg; February
                                                4, 1981, Reg;
                                                November 26,
                                                2010, Susp.
    Qulin, City of, Butler             290048  September 10,      ......do..............   do.
     County.                                    1975, Emerg;
                                                October 15,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Redings Mill, Village of,          290484  June 5, 1975,      ......do..............   do.
     Newton County.                             Emerg; March 4,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    Saginaw, Village of, Newton        290486  September 2,       ......do..............   do.
     County.                                    1975, Emerg;
                                                September 4,
                                                1985, Reg;
                                                November 26,
                                                2010, Susp.
    Seneca, City of, Newton            290269  August 30, 1973,   ......do..............   do.
     County.                                    Emerg; March 15,
                                                1977, Reg;
                                                November 26,
                                                2010, Susp.
Nebraska:
    Amherst, Village of,               310245  June 4, 1975,      ......do..............   do.
     Buffalo County.                            Emerg; September
                                                27, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Avoca, Village of, Cass and        310247  August 3, 1979,    ......do..............   do.
     Otoe Counties.                             Emerg; August 3,
                                                1979, Reg;
                                                November 26,
                                                2010, Susp.
    Buffalo County,                    310419  July 10, 1986,     ......do..............   do.
     Unincorporated Areas.                      Emerg; March 1,
                                                1990, Reg;
                                                November 26,
                                                2010, Susp.
    Elm Creek, Village of,             310014  November 10,       ......do..............   do.
     Buffalo County.                            1975, Emerg;
                                                August 19, 1987,
                                                Reg; November
                                                26, 2010, Susp.

    Gibbon, City of, Buffalo           310015  June 25, 1975,     ......do..............   do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Greenwood, Village of, Cass        310374  June 30, 1977,     ......do..............   do.
     County.                                    Emerg; June 3,
                                                1980, Reg;
                                                November 26,
                                                2010, Susp.
    Kearney, City of, Buffalo          310016  June 23, 1975,     ......do..............   do.
     County.                                    Emerg; July 5,
                                                1984, Reg;
                                                November 26,
                                                2010, Susp.
    Murray, Village of, Cass           310305  June 30, 1976,     ......do..............   do.
     County.                                    Emerg; January
                                                5, 1978, Reg;
                                                November 26,
                                                2010, Susp.
    Nehawka, Village of, Cass          310032  April 17, 1975,    ......do..............   do.
     County.                                    Emerg; February
                                                15, 1978, Reg;
                                                November 26,
                                                2010, Susp.
    Pleasanton, Village of,            310017  May 6, 1975,       ......do..............   do.
     Buffalo County.                            Emerg; September
                                                27, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Ravenna, City of, Buffalo          310018  June 16, 1975,     ......do..............   do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    Shelton, Village of,               310019  October 30, 1975,  ......do..............   do.
     Buffalo County.                            Emerg; September
                                                27, 1985, Reg;
                                                November 26,
                                                2010, Susp.
    South Bend, Village of,            310034  July 20, 1984,     ......do..............   do.
     Cass County.                               Emerg; July 20,
                                                1984, Reg;
                                                November 26,
                                                2010, Susp.
    Union, Village of, Cass            310035  March 11, 1975,    ......do..............   do.
     County.                                    Emerg; April 3,
                                                1978, Reg;
                                                November 26,
                                                2010, Susp.

           Region IX

California:
    Del Norte County,                  065025  September 4,       ......do..............   do.
     Unincorporated Areas.                      1970, Emerg;
                                                January 24,
                                                1983, Reg;
                                                November 26,
                                                2010, Susp.

            Region X

Idaho:
    Blaine County,                     165167  May 14, 1971,      ......do..............   do.
     Unincorporated Areas.                      Emerg; March 16,
                                                1981, Reg;
                                                November 26,
                                                2010, Susp.
    Bellevue, City of, Blaine          160021  May 29, 1975,      ......do..............   do.
     County.                                    Emerg; August 1,
                                                1978, Reg;
                                                November 26,
                                                2010, Susp.
    Carey, City of, Blaine             160234  N/A, Emerg; March  ......do..............   do.
     County.                                    22, 2006, Reg;
                                                November 26,
                                                2010, Susp.
    Hailey, City of, Blaine            160022  May 28, 1974,      ......do..............   do.
     County.                                    Emerg; April 17,
                                                1978, Reg;
                                                November 26,
                                                2010, Susp.
    Ketchum, City of, Blaine           160023  May 9, 1974,       ......do..............   do.
     County.                                    Emerg; June 15,
                                                1978, Reg;
                                                November 26,
                                                2010, Susp.
    Sun Valley, City of, Blaine        160024  September 6,       ......do..............   do.
     County.                                    1974, Emerg;
                                                April 17, 1978,
                                                Reg; November
                                                26, 2010, Susp.
Oregon:
    Columbia County,                   410034  April 11, 1974,    ......do..............   do.
     Unincorporated Areas.                      Emerg; August
                                                16, 1988, Reg;
                                                November 26,
                                                2010, Susp.
    Clatskanie, City of,               410035  May 21, 1975,      ......do..............   do.
     Columbia County.                           Emerg; September
                                                29, 1986, Reg;
                                                November 26,
                                                2010, Susp.
    Columbia City, City of,            410036  December 27,       ......do..............   do.
     Columbia County.                           1974, Emerg;
                                                June 5, 1985,
                                                Reg; November
                                                26, 2010, Susp.
    Portland, City of,                 410183  May 19, 1972,      ......do..............   do.
     Clackamas, Multnomah, and                  Emerg; October
     Washington counties.                       15, 1980, Reg;
                                                November 26,
                                                2010, Susp.
    Prescott, City of, Columbia        410037  December 17,       ......do..............   do.
     County.                                    1987, Emerg;
                                                August 16, 1988,
                                                Reg; November
                                                26, 2010, Susp.
    Rainier, City of, Columbia         410038  July 7, 1975,      ......do..............   do.
     County.                                    Emerg; August
                                                16, 1988, Reg;
                                                November 26,
                                                2010, Susp.
    Scappoose, City of,                410039  October 15, 1974,  ......do..............   do.
     Columbia County.                           Emerg; August
                                                16, 1988, Reg;
                                                November 26,
                                                2010, Susp.
    St. Helens, City of,               410040  June 27, 1974,     ......do..............   do.
     Columbia County.                           Emerg; September
                                                29, 1986, Reg;
                                                November 26,
                                                2010, Susp.
    Vernonia, City of, Columbia        410041  April 26, 1974,    ......do..............   do.
     County.                                    Emerg; August
                                                16, 1988, Reg;
                                                November 26,
                                                2010, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: October 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-28206 Filed 11-8-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Rules and Regulations]
[Page 61611-61612]
[DOCID:fr06oc10-8]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0619; Airspace Docket No. 10-AWP-11]

Modification of Class E Airspace; San Clemente, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action will amend Class E airspace at San Clemente, CA.
Decommissioning of the San Clemente Island Non-Directional Radio Beacon
(NDB) at San Clemente Island NALF (Frederick Sherman Field) has made
this action necessary for the safety and management of Instrument
Flight Rules (IFR) operations at the airport. This action also makes a
minor adjustment to the geographic coordinates of the airport.

DATES: Effective date, 0901 UTC, January 13, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On July 20, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend

controlled airspace at San Clemente, CA (75 FR 42014). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Subsequent to publication, the FAA found the geographic
coordinates of the airport needed to be adjusted. This action makes the
adjustment. With the exception of editorial changes, and the changes
described above, this rule is the same as that proposed in the NPRM.
    Class E airspace designations are published in paragraph 6004, of
FAA Order 7400.9U dated August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR Part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace designated as an extension to a
Class D surface area, at San Clemente Island NALF (Fredrick Sherman
Field), San Clemente, CA. The San Clemente Island NDB has been
decommissioned, and the NDB approach canceled. This action will also
update the geographic coordinates of the airport to coincide with the
FAA's National Aeronautical Navigation Services. This action is
necessary for the safety and management of IFR operations.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it amends
controlled airspace at San Clemente Island NALF (Fredrick Sherman
Field), San Clemente, CA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:

Paragraph 6004 Class E airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

AWP CA E4 San Clemente, CA [Modified]

San Clemente Island NALF (Fredrick Sherman Field), CA
    (Lat. 33[deg]01'22'' N., long. 118[deg]35'19'' W.)
San Clemente Island TACAN
    (Lat. 33[deg]01'37'' N., long. 118[deg]34'46'' W.)

    That airspace extending upward from the surface within 2.6 miles
each side of the San Clemente Island TACAN 334[deg] radial extending
from the 4.3-mile radius of San Clemente Island NALF (Fredrick
Sherman Field) to Control 1177L, and within 1.8 miles each side of
the 064[deg] bearing from San Clemente Island NALF (Fredrick Sherman
Field) extending from the 4.3-mile radius to 9 miles northeast. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the
Airport/Facility Directory.

    Issued in Seattle, Washington, on September 23, 2010.
Lori Andriesen,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-24799 Filed 10-5-10; 8:45 am]
BILLING CODE 4910-13-P


To evaluate the ability of select coatings to reduce the amount of dislodgeable arsenic on the surfaces of chromated copper arsenate ( CCA) treated wood, and to screen a variety of commercially available wood coatings for their efficacy in reducing dislodgeable arsenic from new and aged CCA treated wood, EPA developed two sealant protocol documents for external peer review: Evaluation of the Effectiveness of Coatings in Reducing Dislodgeable Arsenic from CCA Treated Wood, Quality Assurance Project Plan, Category II/ Sampling and Analysis Draft, Revision 1.2, March 27, 2003, and Screening and Selection of Coatings for Reducing Dislodgeable Arsenic from CCA Treated Wood, Quality Assurance Project Plan, Category III/ Sampling and Analysis Draft, Revision 1.2, March 27, 2003. The Testimony of Jack E. Housenger, Deputy Director of the Antimicrobials Division, Office of Pesticide Programs, EPA, before the US Consumer Product Safety Commission, March 17, 2003, is also provided for additional background, as are the Questions for External Peer Reviewers ( 3/ 26/ 2003). Copies of the Agency Letters which were sent to external peer reviewers ( March 27, 2003) are also included.

Susan Laing Antimicrobials Division, Office of Pesticide Programs ( 7510C) U. S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D. C. 20460 phone: 703 308 0152 fax: 703 308 6467 laing. susan@ epa. gov


[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Notices]
[Page 32609]
[DOCID:fr09jn08-83]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on June 12, 2008 at
2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting scheduled for June 12,
2008 will be:
    Formal orders of investigation;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature; and
    Other matters related to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: June 4, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-12927 Filed 6-6-08; 8:45 am]

BILLING CODE 8010-01-P