[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Rules and Regulations]
[Pages 16923-16925]
[FR Doc No: 2012-6967]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 20

[Docket No. FDA-2012-N-0205]

Agreements and Memoranda of Understanding Between the Food and
Drug Administration and Other Departments, Agencies, and Organizations

AGENCY: Food and Drug Administration, HHS.

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes technical changes that will
update a requirement that many of our written agreements and memoranda
of understanding (MOUs) with other departments, Agencies, and
organizations be published in the Federal Register. Because we already
post and will continue to post our ongoing agreements and MOUs with
other departments, Agencies, and organizations on our Web site upon
their completion, this requirement is no longer necessary. This direct
final rule, accordingly, eliminates it. We are making these technical
changes to conserve Agency time and resources, reduce government
paperwork, and eliminate unnecessary Federal Register printing costs
while continuing to afford public access to these documents. We are
proceeding in accordance with our direct final rule procedures.
    We are publishing a companion proposed rule under our usual
procedure for notice-and-comment rulemaking to provide a procedural
framework to finalize the rule in the event we receive any significant
adverse comments and withdraw this direct final rule. The companion
proposed rule and this direct final rule are substantively identical.

DATES: This rule is effective August 6, 2012. Submit either electronic
or written comments on or before June 6, 2012. If we receive no
significant adverse comments within the specified comment period, we
will publish a document confirming the effective date of the final rule
in the Federal Register within 30 days after the comment period on this
direct final rule ends. If timely significant adverse comments are
received, the Agency will publish a document in the Federal Register
withdrawing this direct final rule before its effective date.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2012-
N-0205, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following ways:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     Fax:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2012-N-0205 for this rulemaking. All comments
received may be posted without change to http://www.regulations.gov,
including any personal information provided. For additional information
on submitting comments, see the ``Comments'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Daniel W. Sigelman, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of October 3, 1974 (39 FR 35697), we
announced that copies of all our MOUs transacted with

government Agencies and nongovernment organizations were available for
public review at our offices during working hours and would be
published in the Federal Register. We subsequently codified this policy
in the Federal Register of December 24, 1974 (39 FR 44602 at 44651) and
recodified it where it currently appears at Sec.  20.108 (21 CFR
20.108) in the Federal Register of March 22, 1977 (42 FR 15616 at
15625).
    Consumers, industry, professional groups, associations, educators,
and other government Agencies had manifested widespread interest in the
texts of these MOUs. The intent of Sec.  20.108 was to promote
transparency by providing access to these stakeholders.
    This direct final rule will eliminate the requirement in current
Sec.  20.108(c) that our agreements and MOUs with other departments,
Agencies, and organizations be published in the Federal Register on an
individual basis and instead will require that they be posted on our
Web site as completed. We increasingly rely on Internet-based
communications to ensure and promote transparency in our operations and
activities. So it is with this direct final rule, which merely
recognizes and codifies our already established practice of making our
ongoing agreements and MOUs with other departments, Agencies, and
organizations publicly available on our Web site. At the time of this
writing, each such publicly disclosable agreement and MOU can be
accessed at one of the following three Food and Drug Administration
(FDA) Web site locations: http://www.fda.gov/AboutFDA/PartnershipsCollaborations/MemorandaofUnderstandingMOUs/DomesticMOUs/default.htm; http://www.fda.gov/AboutFDA/PartnershipsCollaborations/MemorandaofUnderstandingMOUs/AcademiaMOUs/default.htm; or http://www.fda.gov/AboutFDA/PartnershipsCollaborations/MemorandaofUnderstandingMOUs/OtherMOUs/default.htm.
    Because all publicly disclosable agreements and MOUs are posted on
our Web site, it is no longer necessary to require, as does current
Sec.  20.108(b), that a permanent file of them be available for public
review during working hours in the Agency's Freedom of Information
Public Room. Accordingly, this rule will revise current Sec.
20.108(b).
    The public's access to an FDA Web site that is regularly updated to
include agreements and MOUs as they are completed has already greatly
enhanced the speed, ease, and convenience with which stakeholders can
obtain and review these documents.
    The rule's technical changes will lessen demands on the time of our
staff and reduce the government paperwork and printing costs associated
with Federal Register publication of newly completed agreements and
MOUs with other departments, Agencies, and organizations. At the same
time, it will continue to ensure, consistent with the underlying intent
of Sec.  20.108, the accessibility of records of widespread interest to
consumers, industry, professional groups, associations, educators, and
other government Agencies.
    Currently, Sec.  20.108(c) treats our cooperative work-sharing
agreements with State or local government Agencies differently from our
agreements and MOUs with other Agencies and organizations. Because
these cooperative work-sharing agreements rarely vary significantly
from one another, we decided against publishing their full texts in the
Federal Register (51 FR 19851, June 3, 1986). Instead, since 1993, we
have merely required them to be listed at least once every 2 years in
the Federal Register (58 FR 48793, September 20, 1993). This direct
final rule will end such disparate treatment. Revised Sec.  20.108(b)
will apply to all of our written agreements and MOUs with other
departments, Agencies, and organizations, including cooperative work-
sharing agreements with State or local government Agencies, except for
signed agreements and MOUs relating to activities of our Office of
Criminal Investigations, which are addressed in Sec.  20.108(d), which
will be revised and redesignated as Sec.  20.108(c).
    This direct rule does not amend Sec.  20.108(a) (stating that our
written agreements and MOUs are available for public disclosure).

II. Direct Final Rulemaking

    We have determined that the subject of this rulemaking is suitable
and appropriate for a direct final rule because it is intended to make
noncontroversial changes to existing regulations, and we do not
anticipate receiving any significant adverse comments. In the Federal
Register of November 21, 1997 (62 FR 62466), we announced the
availability of the guidance document entitled ``Guidance for FDA and
Industry: Direct Final Rule Procedures.'' This guidance document may be
accessed at http://www.fda.gov/RegulatoryInformation/Guidances/ucm125166.htm.
    Consistent with our procedures on direct final rulemaking, we are
publishing elsewhere in this issue of the Federal Register a companion
proposed rule. The companion proposed rule provides the procedural
framework within which the rule may be finalized in the event the
direct final rule is withdrawn because of any significant adverse
comment. The comment period for this direct final rule runs
concurrently with the comment period of the companion proposed rule.
Any comments received in response to the companion proposed rule will
also be considered as comments regarding this direct final rule.
    We are providing a comment period on the direct final rule of 75
days after the date of publication in the Federal Register. If we
receive any significant adverse comment, we intend to withdraw this
direct final rule before its effective date by publication of a notice
in the Federal Register within 30 days after the comment period ends. A
significant adverse comment is defined as a comment that explains why
the rule would be inappropriate, including challenges to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without change. In determining whether an adverse comment is
significant and warrants withdrawing a direct final rule, we will
consider whether the comment raises an issue serious enough to warrant
a substantive response in a notice-and-comment process in accordance
with section 553 of the Administrative Procedure Act (APA) (5 U.S.C.
553). Comments that are frivolous, insubstantial, or outside the scope
of the rule will not be considered significant or adverse under this
procedure. A comment recommending an additional change to the rule will
not be considered a significant adverse comment, unless the comment
states why the rule would be ineffective without the additional change.
In addition, if a significant adverse comment applies to part of a rule
and that part can be severed from the remainder of the rule, we may
adopt as final those parts of the rule that are not the subject of a
significant adverse comment.
    If any significant adverse comments are received during the comment
period, we will publish, before the effective date of the direct final
rule, a document withdrawing the direct final rule. If we withdraw the
direct final rule, all comments received will be considered under the
companion proposed rule in developing a final rule using the usual
notice-and-comment procedures under the APA (5 U.S.C. 552 et seq.). If
we receive no significant adverse comment during the specified

comment period, we intend to publish a document in the Federal Register
confirming the effective date within 30 days after the comment period
ends.

III. Analysis of Impacts

    FDA has examined the impacts of the final rule under Executive
Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4). Executive Orders 12866 and 13563 direct Agencies to assess all
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity). The Agency believes that this final rule is not a significant
regulatory action under Executive Order 12866.
    The Regulatory Flexibility Act requires Agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because this rule does not impose any significant
costs, we certify that it will not have a significant economic impact
on a substantial number of small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that Agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $136 million, using the most current (2010) Implicit
Price Deflator for the Gross Domestic Product. We do not expect this
rule to result in any 1-year expenditure that would meet or exceed this
amount.

IV. Paperwork Reduction Act of 1995

    We have concluded that this direct final rule contains no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520) is not required.

V. Environmental Impact

    We have determined under 21 CFR 25.33 that this direct final rule
is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.

VI. Federalism

    We have analyzed this direct final rule in accordance with the
principles set forth in Executive Order 13132. We have determined that
this direct final rule does not contain policies that have substantial
direct effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Accordingly,
we have concluded this direct final rule does not contain policies that
have federalism implications as defined in the Executive order and,
consequently, a federalism summary impact statement is not required.

VII. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document, and they may be accompanied by a supporting memorandum
or brief. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

List of Subjects in 21 CFR Part 20

    Confidential business information, Courts, Freedom of information,
Government employees.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
20 is amended as follows:

PART 20--PUBLIC INFORMATION

0
1. The authority citation for 21 CFR part 20 continues to read as
follows:

    Authority: 5 U.S.C. 552; 18 U.S.C. 1905; 19 U.S.C. 2531-2582; 21
U.S.C. 321-393, 1401-1403; 42 U.S.C. 241, 242, 242a, 242l, 242n,
243, 262, 263, 263b-263n, 264, 265, 300u-300u-5, 300aa-1.

0
2. Amend Sec.  20.108 as follows:
0
a. Revise paragraph (b);
0
b. Remove paragraph (c);
0
c. Redesignate paragraph (d) as paragraph (c);
0
d. Revise newly redesignated paragraph (c).
    The revisions and redesignations read as follows:

Sec.  20.108  Agreements between the Food and Drug Administration and
other departments, agencies, and organizations.

* * * * *
    (b) All written agreements and memoranda of understanding between
FDA and any entity, including, but not limited to other departments,
Agencies, and organizations will be made available through the Food and
Drug Administration Web site at http://www.fda.gov once finalized.
    (c) Agreements and understandings signed by officials of FDA with
respect to activities of the Office of Criminal Investigations are
exempt from the requirements set forth in paragraph (b) of this
section. Although such agreements and understandings will not be made
available through the FDA Web site, these agreements will be available
for disclosure in response to a request from the public after deletion
of information that would disclose confidential investigative
techniques or procedures, or information that would disclose guidelines
for law enforcement investigations if such disclosure could reasonably
be expected to risk circumvention of the law.

    Dated: March 16, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-6967 Filed 3-22-12; 8:45 am]
BILLING CODE 4160-01-P


EPA does not agree to delete the last two (of three total) paragraphs discussing the health effects associated with exposure to ethanol, and does not agree this language is "speculative," as OMB claims.  This language is consistent with EPA's previous statements about relevant available information on ethanol health effects (e.g., the 2010 RFS2 rule).  As we have indicated in previous discussions, we have included this information because the ingestion literature is critical to understand the health endpoints of potential interest, and which populations may be most susceptible. Because health effects of ethanol are determined primarily by its concentration in the target tissue, and tissue concentrations associated with adverse health effects are achievable by both the oral and inhalation routes, the literature on the effects of oral ethanol are essential to inform decisions about the health consequences of inhaled ethanol. As we indicate in the RIA, EPA is developing and evaluating pharmacokinetic models as tools to compare quantitatively the tissue concentrations achieved by oral and inhaled ethanol, and thus assess the health impacts of inhaled ethanol based on the extensive oral literature.  These models also enable extrapolating doses and effects across species (animal to human)  to better characterize the health hazards and dose-response relationships for low levels of ethanol exposure in the environment.
For the reasons articulated above, the EPA believes its summary of the available science on ethanol health effects is objective, balanced and transparent.  The Agency also believes there is no scientific reason for changing our description of the current state of science. We have used this language consistently, whether we are talking about potential ethanol emission increases, as in the RFS2 rule, or decreases, as is the case with Tier 3.  The language makes it clear that literature on inhalation exposure is limited, and that the Agency is evaluating the relevance of observed health effects to low level exposures in the environment.

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Tier 3 RIA Health Effects Text on Ethanol
EPA is planning to develop an assessment of the health effects of exposure to ethanol, a compound which is not currently listed on EPA's IRIS database.  Extensive health effects data are available for ingestion of ethanol, while data on inhalation exposure effects are sparse.  In developing the assessment, EPA is evaluating pharmacokinetic models as a means of extrapolating across species (animal to human) and across exposure routes (oral to inhalation) to better characterize the health hazards and dose-response relationships for low levels of ethanol exposure in the environment.
The IARC has classified "alcoholic beverages" as carcinogenic to humans based on sufficient evidence that malignant tumors of the oral cavity, pharynx, larynx, esophagus, and liver are causally related to the consumption of alcoholic beverages.  The U.S. DHHS in the 12[th] Report on Carcinogens also identified "alcoholic beverages" as a known human carcinogen (they have not evaluated the cancer risks specifically from exposure to ethanol), with evidence for cancer of the mouth, pharynx, larynx, esophagus, liver and breast.  There are no studies reporting carcinogenic effects from inhalation of ethanol.  EPA is currently evaluating the available human and animal cancer data to identify which cancer type(s) are the most relevant to a human health assessment of low-level oral and inhalation exposure to ethanol.
Noncancer health effects data are available from animal studies as well as epidemiology studies.  The epidemiologic data were obtained from studies of alcoholic beverage consumption.  Reported effects included neurological impairment, developmental effects, cardiovascular effects, immune system depression, and effects on the liver, pancreas and reproductive system.  There is evidence that children prenatally exposed via maternal ingestion of alcoholic beverages during pregnancy are at increased risk of hyperactivity and attention deficits, impaired motor coordination, a lack of regulation of social behavior or poor psychosocial functioning, and deficits in cognition, mathematical ability, verbal fluency, and spatial memory.,,,,,,,  Genetic factors influencing ethanol metabolism may render certain subpopulations more susceptible to the health effects of ethanol exposure by altering internal levels of ethanol and/or its metabolites (e.g., acetaldehyde).


[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Pages 60773-60774]
[FR Doc No: 2016-21225]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Release Certain Properties From All Terms,
Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement
Between the City of Vero Beach and the Federal Aviation Administration
for the Vero Beach Regional Airport, Vero Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comment.

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SUMMARY: The FAA hereby provides notice of intent to release certain
airport properties 2.58 acres at the Vero Beach Regional Airport,
Florida from the conditions, reservations, and restrictions as
contained in a Quitclaim Deed agreement between the FAA and the Vero
Beach Regional Airport, dated October 3, 1947. The City of Vero Beach
dedicated a 2.58 acre tract along Airport Drive to become a Public
Right-of-Way. This release will be retroactive for the improvements
along the airport entrance roadway by the City of Vero Beach. The Fair
Market Value (FMV) of this parcel has been determined to be
$112,134.12.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Vero Beach Regional Airport and
the FAA Airports District Office.

DATES: Comments are due on or before October 3, 2016.

ADDRESSES: Documents are available for review at the Vero Beach
Regional Airport, P.O. Box 1389, 3400 Cherokee Drive, Vero Beach, FL
32961 and the FAA Airports District Office, 5950 Hazeltine National
Drive, Suite 400,

Orlando, FL 32822. Written comments on the Sponsor's request must be
delivered or mailed to: Stephen Wilson, Program Manager, Orlando
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822-5024.
    In addition, a copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Eric Menger, Airport Director, Vero Beach
Regional Airport, P.O. Box 1389, 3400 Cherokee Drive, Vero Beach, FL
32961-1389.

FOR FURTHER INFORMATION CONTACT: Stephen Wilson, Program Manager,
Orlando Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822-5024.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

    Issued in Orlando, FL, on August 23, 2016.
Bart Vernace,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2016-21225 Filed 9-1-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Rules and Regulations]
[Page 37168-37171]
[DOCID:fr28jy09-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0303(a); FRL-8936-2]

Approval and Promulgation of Implementation Plans; South
Carolina; Transportation Conformity Memorandum of Agreement Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the
South Carolina State Implementation Plan (SIP) submitted on November
28, 2008, through the South Carolina Department of Health and
Environmental Control (SC DHEC). This revision consists of
transportation conformity criteria and procedures related to
interagency consultation and enforceability of certain transportation-
related control measures and mitigation measures. The intended effect
of this approval is to update the transportation conformity criteria
and procedures in the South Carolina SIP.

DATES: This direct final rule is effective September 28, 2009 without
further notice, unless EPA receives adverse comment by August 27, 2009.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0303, by one of the following methods:
    a. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    b. E-mail<EMAIL_ADDRESS>    c. Fax:<PHONE_NUMBER>.
    d. Mail: EPA-R04-OAR-2009-0303, Air Quality Modeling and
Transportation Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
    e. Hand Delivery or Courier: Amanetta Wood, Air Quality Modeling
and Transportation Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2009-0303. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Air Quality Modeling and
Transportation Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA

requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Amanetta Wood, Air Quality Modeling
and Transportation Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms.
Wood's telephone number is<PHONE_NUMBER>. She can also be reached via
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Transportation Conformity
II. Background for This Action
    A. Federal Requirements
    B. York County Conformity SIP
III. State Submittal and EPA Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews

I. Transportation Conformity

    Transportation conformity (hereafter referred to as ``conformity'')
is required under section 176(c) of the Clean Air Act (``CAA'' or
``Act'') to ensure that Federally supported highway, transit projects,
and other activities are consistent with (``conform to'') the purpose
of the SIP. Conformity currently applies to areas that are designated
nonattainment, and to areas that have been redesignated to attainment
after 1990 (maintenance areas) with plans developed under section 175A
of the Act, for the following transportation related criteria
pollutants: Ozone, particulate matter (e.g., PM2.5 and
PM10), carbon monoxide, and nitrogen dioxide.
    Conformity to the purpose of the SIP means that transportation
activities will not cause new air quality violations, worsen existing
violations, or delay timely attainment of the relevant criteria
pollutants, also known as national ambient air quality standards
(NAAQS). The conformity regulation is found in 40 CFR part 93 and
provisions related to conformity SIPs are found in 40 CFR 51.390.

II. Background for This Action

A. Federal Requirements

    EPA promulgated the Federal transportation conformity criteria and
procedures (``Conformity Rule'') on November 24, 1993 (58 FR 62188).
Among other things, the rule required States to address all provisions
of the conformity rule in their SIPs frequently referred to as
``conformity SIPs.'' Under 40 CFR 51.390, most sections of the
conformity rule were required to be copied verbatim. States were also
required to tailor all or portions of the following three sections of
the conformity rule to meet their State's individual circumstances: 40
CFR 93.105, which addresses consultation procedures; 40 CFR
93.122(a)(4)(ii), which addresses written commitments to control
measures that are not included in a metropolitan planning
organization's (MPO's) transportation plan and transportation
improvement program that must be obtained prior to a conformity
determination, and the requirement that such commitments, when they
exist, must be fulfilled; and 40 CFR 93.125(c), which addresses written
commitments to mitigation measures that must be obtained prior to a
project-level conformity determination, and the requirement that
project sponsors must comply with such commitments, when they exist.
    On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) was signed
into law. SAFETEA-LU revised section 176(c) of the CAA transportation
conformity provisions. One of the changes streamlines the requirements
for conformity SIPs. Under SAFETEA-LU, States are required to address
and tailor only three sections of the rule in their conformity SIPs: 40
CFR 93.105, 40 CFR 93.122(a)(4)(ii), and, 40 CFR 93.125(c), described
above. In general, States are no longer required to submit conformity
SIP revisions that address the other sections of the conformity rule.
These changes took effect on August 10, 2005, when SAFETEA-LU was
signed into law.

B. South Carolina Transportation Conformity SIP

    Effective June 15, 2004, EPA designated Rock Hill, a portion of
York County, as a nonattainmnet area for the 1997 8-hour ozone standard
as part of the bi-State Charlotte-Gastonia-Rock Hill NC-SC
nonattainment area. The current designation status for the bi-State
Charlotte-Rock Hill Area for the 1997 8-hour ozone standard is
nonattainment. See, 40 CFR 81 for more information on designations.
    The Rock Hill-Fort Mill Area Transit Study (RFATS) is the MPO for
the entire portion of York County that is included in the 1997 8-hour
ozone area. Per the Transportation Conformity Rule, the MPO's
conformity determination is not complete without a regional analysis
that considers the projects in the MPO area. For the purposes of 8-hour
conformity, the RFATS MPO serves as the lead agency for the
preparation, consultation, and distribution of the conformity
determinations.
    Previously, South Carolina had established a conformity SIP. In
2004, EPA approved the State of South Carolina's SIP revision which
incorporated by reference 40 CFR 93 Subpart A, 67 FR 50808, and
customized 40 CFR 93.105, 93.122(a)(4)(ii), and 93.125(c) for all of
the MPOs in the entire State and for the South Carolina Department of
Transportation (SC DOT). Specifically, the State of South Carolina
established a Memorandum of Agreement (MOA) for implementing the
conformity Criteria and Consultation Procedure for all transportation-
related pollutants. The new conformity SIP (the subject of this
rulemaking) removed any incorporation by reference and has revised the
MOA to be consistent with the SAFETEA-LU revisions to the CAA (Pub. L.
109-59) and subsequent regulations published on January 24, 2008 (73 FR
4420). While South Carolina currently has only one nonattainment area
(i.e. a portion of York County) for the 1997 standard its MOA covers
all of the MPOs in the State should new areas become subject to
conformity requirements for a transportation-related pollutant in the
future.
    The State of North Carolina will establish conformity procedures
for the counties that make up the North Carolina portion of the bi-
State Charlotte-Rock Hill nonattainment area in the individual
conformity SIPs.

III. State Submittal and EPA Evaluation

    On November 19, 2008, the State of South Carolina, through SC DHEC,
submitted the Statewide conformity and consultation interagency SIP,
based on an MOA signed by all of the MPOs in the State and SC DOT, to
EPA as a revision to the SIP. The South Carolina conformity SIP
establishes procedures for interagency consultation and supersedes the
November 19, 2003, incorporation into the SIP of the MOA (which
included previous procedures for interagency consultation). Prior to
today, the MOA incorporated EPA regulations in 40 CFR 93 Subpart A
(July 1, 1997), and 62 FR 43780 (August 15, 1997) by reference. The
revision to the MOA that EPA is approving now no longer incorporates
the Federal conformity rules by reference. Additionally, as was the
case with the previous MOA, it applies to all counties in South
Carolina.

    The State of South Carolina developed its consultation SIP based on
the elements contained in 40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c) and included it in the SIP. As a first step, the State worked
with the existing transportation planning organization's interagency
committees that included representatives from the SC DHEC; SC DOT; all
of the MPOs in the State; Federal Highway Administration--South
Carolina Division; Federal Transit Administration; and the Region 4
office of EPA. The interagency committee met regularly and drafted the
consultation procedures considering elements in 40 CFR Part 93.105,
93.122(a)(4)(ii), and 93.125(c), and integrated the local procedures
and processes into the MOA. The resulting consultation process
developed is unique to the State of South Carolina. On April 28, 2008,
SC DHEC held a public hearing for the transportation conformity MOA.
The final MOA was issued by South Carolina on November 19, 2008, and
subsequently submitted to EPA as a SIP revision.
    EPA has evaluated this SIP revision and has determined that the
State has met the requirements of Federal transportation conformity
rules as described in 40 CFR Part 51, Subpart T and 40 CFR Part 93,
Subpart A. SC DHEC has satisfied the public participation and
comprehensive interagency consultation requirement during development
and adoption of the MOA at the local level. Therefore, EPA is approving
the MOA as a revision to the South Carolina SIP. EPA's rule requires
the States to develop their own processes and procedures for
interagency consultation among the Federal, State, and local agencies
and resolution of conflicts meeting the criteria in 40 CFR 93.105. The
SIP revision must include processes and procedures to be followed by
the MPO, State DOT, and U.S. DOT in consulting with the State and local
air quality agencies and EPA before making conformity determinations.
The conformity SIP revision must also include processes and procedures
for the State and local air quality agencies and EPA to coordinate the
development of applicable SIPs with MPOs, State DOTs, and the U.S. DOT.
    EPA has reviewed the submittal to assure consistency with the CAA
as amended by SAFETEA-LU and EPA regulations (40 CFR part 93 and 40 CFR
51.390) governing State procedures for transportation conformity and
interagency consultation and has concluded that the submittal is
approvable. Details of our review are set forth in a technical support
document (TSD), which has been included in the docket for this action.
Specifically, in the TSD, we identify how the submitted procedures
satisfy our requirements under 40 CFR 93.105 for interagency
consultation with respect to the development of transportation plans
and programs, SIPs, and conformity determinations, the resolution of
conflicts, and the provision of adequate public consultation, and our
requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and mitigation measures.

IV. Public Comment and Final Action

    For the reasons set forth above, EPA is taking action under section
110 of the Act to approve the rule implementing the conformity criteria
and consultation procedures revision to the South Carolina SIP pursuant
to the CAA, as a revision to the South Carolina SIP. As a result of
this action, South Carolina's previously SIP-approved conformity
procedures for South Carolina 69 FR 4245, January 29, 2004, will be
replaced by the procedures submitted to EPA on November 19, 2008 for
approval and adopted by the State of South Carolina on November 28,
2008. This action also establishes consultation procedures for all
counties in South Carolina.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 28,
2009 without further notice unless the Agency receives adverse comments
by August 27, 2009.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 28, 2009 and
no further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the

agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 28, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register; rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 8, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart (PP)--South Carolina

0
2. Section 52.2120(e) is amended by adding a new entry at the end of
the table for ``Transportation Conformity SIP'' to read as follows:

Sec.  52.2120   Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                     State
                   Provision                    effective date          EPA approval date           Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
South Carolina Transportation Conformity Air        11/28/2008  7/28/2009 [Insert citation of     ..............
 Quality Implementation Plan.                                    publication].
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-17818 Filed 7-27-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Rules and Regulations]
[Pages 6980-6985]
[FR Doc No: 2012-3179]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C

Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

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

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

Sec.  67.11  [Amended]

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in
                                                                                feet (NGVD) +
                                                                                Elevation in feet
                                                                                (NAVD)
            State              City/town/county         Source of flooding                              Location                         Depth in feet
                                                                                above ground
                                                                                [caret] Elevation
                                                                                in meters (MSL)
                                                                                Modified
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Unincorporated Areas of Nowata County, Oklahoma Docket No.: FEMA-B-1171
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oklahoma.....................  Unincorporated    Southwest Tributary.............  At the downstream side of E0230 Road..............               +687
                                Areas of Nowata
                                County.
                                                                                Approximately 0.4 mile upstream of E0230 Road.....               +696
--------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                                        ADDRESSES

                                                          Unincorporated Areas of Nowata County
Maps are available for inspection at the Nowata County Office, 229 North Maple Street, Nowata, OK 74048.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                    St. Lucie County, Florida, and Incorporated Areas Docket No.: FEMA-B-1164
----------------------------------------------------------------------------------------------------------------
Canal 8................................  At the confluence with                   +12  City of Fort Pierce,
                                          Fivemile Creek.                               Unincorporated Areas of
                                                                                St. Lucie County.
                                         Approximately 1,385 feet                 +18
                                          upstream of Summit
                                          Street.
Fivemile Creek.........................  At Peterson Road.........                +16  City of Fort Pierce,
                                                                                Unincorporated Areas of
                                                                                St. Lucie County.
                                         Approximately 0.5 mile                   +16
                                          upstream of Peterson
                                          Road.

Howard Creek...........................  Approximately 1,635 feet                  +6  City of Port St. Lucie,
                                          downstream of Southeast                       Unincorporated Areas of
                                          Ballantrae Boulevard.                         St. Lucie County.
                                         Approximately 0.6 mile                   +13
                                          upstream of Southeast
                                          Westmoreland Boulevard.
Ponding Area...........................  Ponding area bounded by                  +15  City of Fort Pierce,
                                          Virginia Park Boulevard                       Unincorporated Areas of
                                          to the north, west, and                       St. Lucie County.
                                          south, and South 35th
                                          Street to the east.
Ponding Area...........................  Ponding area bounded by                  +15  City of Fort Pierce,
                                          State Highway 70 to the                       Unincorporated Areas of
                                          north, South 35th Street                      St. Lucie County.
                                          to the west, Cortez
                                          Boulevard to the south,
                                          and South 29th Street to
                                          the east.
Ponding Area...........................  Ponding area bounded by                  +16  City of Fort Pierce,
                                          State Highway 70 to the                       Unincorporated Areas of
                                          north, South 29th Street                      St. Lucie County.
                                          to the west, Cortez
                                          Boulevard to the south,
                                          and Placid Avenue to the
                                          east.
Ponding Area...........................  Ponding area bounded by                  +17  City of Fort Pierce,
                                          Royal Palm Drive to the                       Unincorporated Areas of
                                          north, South 25th Street                      St. Lucie County.
                                          to the west, Cortez
                                          Boulevard to the south,
                                          and South 19th Street to
                                          the east.
Ponding Area...........................  Ponding area bounded by                  +17  City of Fort Pierce,
                                          Cortez Boulevard to the                       Unincorporated Areas of
                                          north, South 25th Street                      St. Lucie County.
                                          to the west, Edwards
                                          Road to the south, and
                                          Admiral Street to the
                                          east.
Ponding Area...........................  Ponding area bounded by                  +14  City of Fort Pierce.
                                          Arnold Road to the
                                          north, Fivemile Creek to
                                          the west, Kirby Loop
                                          Road to the south, and
                                          Virginia Park Boulevard
                                          to the east.
Ponding Area...........................  Ponding area bounded by                  +16  City of Fort Pierce.
                                          State Highway 70 to the
                                          north, South 35th Street
                                          to the west, Cortez
                                          Boulevard to the south,
                                          and South 29th Street to
                                          the east.
Ponding Area...........................  Ponding area bounded by                  +17  City of Fort Pierce.
                                          State Highway 70 to the
                                          north, South 35th Street
                                          to the west, Cortez
                                          Boulevard to the south,
                                          and South 29th Street to
                                          the east.
Ponding Area...........................  Ponding area bounded by                  +17  City of Fort Pierce.
                                          Linda Sue Circle to the
                                          north, west, south, and
                                          east.
Tenmile Creek Tributary................  At McCarty Road..........                +19  City of Port St. Lucie,
                                                                                Unincorporated Areas of
                                                                                St. Lucie County.
                                         Approximately 1,400 feet                 +21
                                          upstream of Newell Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Fort Pierce
Maps are available for inspection at City Hall, 100 North U.S. Route 1, Fort Pierce, FL 34950.

City of Port St. Lucie
Maps are available for inspection at City Hall, 121 Southwest Port St. Lucie Boulevard, Port St. Lucie, FL
 34984.

                                    Unincorporated Areas of St. Lucie County
Maps are available for inspection at the St. Lucie County Building Department, 2300 Virginia Avenue, Fort
 Pierce, FL 34982.
----------------------------------------------------------------------------------------------------------------
                     White County, Illinois, and Incorporated Areas Docket No.: FEMA-B-1174
----------------------------------------------------------------------------------------------------------------
Griffith Lake..........................  Entire shoreline.........               +391  City of Carmi.
Little Wabash River....................  Approximately 0.7 mile                  +377  City of Carmi,
                                          upstream of County                            Unincorporated Areas of
                                          Highway 23.                                   White County.
                                         At County Road 1200 East                +381
                                          (Lowe Road).
Old Channel Wabash River...............  Approximately 0.82 mile                 +386  City of Grayville.
                                          downstream of Mulberry
                                          Street extended.
                                         Approximately 250 feet                  +386
                                          downstream of North
                                          Street extended.
Unnamed Ponding Area...................  Entire area of ponding                  +398  City of Carmi,
                                          north of the abandoned                        Unincorporated Areas of
                                          railroad.                                     White County.
Unnamed Tributary to Little Wabash       At the upstream side of                 +379  City of Carmi,
 River.                                   College Boulevard.                            Unincorporated Areas of
                                                                                White County.

                                         At the downstream side of               +394
                                          the abandoned railroad
                                          (approximately 1.94
                                          miles upstream of the
                                          Little Wabash River
                                          confluence).
Unnamed Tributary to Little Wabash       At the Unnamed Tributary                +380  City of Carmi,
 River, West Branch                       to Little Wabash River                        Unincorporated Areas of
                                          confluence.                                   White County.
                                         At the downstream side of               +383
                                          Fairground Road.
Wabash River...........................  Approximately 0.51 mile                 +374  Village of Maunie.
                                          downstream of County
                                          Road 1100 North (Emma
                                          Street) extended.
                                         Approximately 480 feet                  +375
                                          upstream of County Road
                                          1100 North (Emma Street)
                                          extended.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Carmi
Maps are available for inspection at City Hall, 225 East Main Street, Carmi, IL 62821.

City of Grayville
Maps are available for inspection at City Hall, 122 South Court Street, Grayville, IL 62844.

                                      Unincorporated Areas of White County
Maps are available for inspection at the White County Courthouse, 301 East Main Street, Carmi, IL 62821.

Village of Maunie
Maps are available for inspection at the Village Hall, 328 Sheridan Street, Maunie, IL 62861.
----------------------------------------------------------------------------------------------------------------
           Stearns County, Minnesota, and Incorporated Areas Docket Nos.: FEMA-B-1137 and FEMA-B-1185
----------------------------------------------------------------------------------------------------------------
Clearwater River.......................  Approximately 60 feet                 +1,010  Unincorporated Areas of
                                          upstream of State                             Stearns County.
                                          Highway 55.
                                         Approximately 1,600 feet              +1,011
                                          upstream of State
                                          Highway 55.
Sauk Lake..............................  Entire shoreline within               +1,232  Unincorporated Areas of
                                          community.                                    Stearns County.
Sauk River.............................  Approximately 7,260 feet              +1,226  City of Sauk Centre,
                                          downstream of County                          Unincorporated Areas of
                                          Route 17.                                     Stearns County.
                                         Approximately 1,450 feet              +1,227
                                          downstream of Main
                                          Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Sauk Centre
Maps are available for inspection at 320 Oak Street South, Sauk Centre, MN 56378.

                                     Unincorporated Areas of Stearns County
Maps are available for inspection at the Stearns County Administration Center, 705 Courthouse Square, St. Cloud,
 MN 56303.
----------------------------------------------------------------------------------------------------------------
                  Issaquena County, Mississippi, and Incorporated Areas Docket No.: FEMA-B-1159
----------------------------------------------------------------------------------------------------------------
Mississippi River......................  Approximately 5.3 miles                 +112  Unincorporated Areas of
                                          upstream of the U.S.                          Issaquena County.
                                          Route 80 bridge.
                                         Approximately 9.3 miles                 +120
                                          upstream of the U.S.
                                          Route 80 bridge.
Steele Bayou...........................  An area bounded by the                  +100  Town of Mayersville,
                                          county boundary to the                        Unincorporated Areas of
                                          north, west, south, and                       Issaquena County.
                                          east.
Yazoo River............................  Approximately 6 miles                   +105  Unincorporated Areas of
                                          downstream of U.S. Route                      Issaquena County.
                                          61.
                                         Approximately 12 miles                  +105
                                          upstream of U.S. Route
                                          61.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Town of Mayersville
Maps are available for inspection at 132 Court Street, Mayersville, MS 39113.

                                    Unincorporated Areas of Issaquena County
Maps are available for inspection at 129 Court Street, Mayersville, MS 39113.
----------------------------------------------------------------------------------------------------------------
                    Yazoo County, Mississippi, and Incorporated Areas Docket No.: FEMA-B-1159
----------------------------------------------------------------------------------------------------------------
Big Black River........................  Approximately 21.9 miles                +149  Unincorporated Areas of
                                          downstream of U.S. Route                      Yazoo County.
                                          49.
                                         Approximately 10.7 miles                +155
                                          downstream of U.S. Route
                                          49.
Collins Creek..........................  An area bounded by the                   +93  Unincorporated Areas of
                                          Yazoo River Levee to the                      Yazoo County.
                                          north and west, State
                                          Highway 3 to the south,
                                          and Germania Road to the
                                          east.
Satartia Creek (backwater effects from   Approximately 0.75 mile                 +105  Unincorporated Areas of
 Mississippi River).                      downstream of State                           Yazoo County.
                                          Highway 3.
                                         Approximately 1,900 feet                +105
                                          downstream of State
                                          Highway 3.
Steele Bayou...........................  An area bounded by the                  +100  Unincorporated Areas of
                                          county boundary to the                        Yazoo County.
                                          north, west, and south,
                                          and the William M.
                                          Whittington Canal Levee
                                          to the east.
Yazoo River (backwater effects from      Approximately 21 miles                  +105  Unincorporated Areas of
 Mississippi River).                      downstream of Satartia                        Yazoo County.
                                          Road.
                                         Approximately 15 miles                  +105
                                          downstream of Satartia
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                      Unincorporated Areas of Yazoo County
Maps are available for inspection at 211 East Broadway Street, Yazoo City, MS 39194.
----------------------------------------------------------------------------------------------------------------
                     Clark County, Missouri, and Incorporated Areas Docket No.: FEMA-B-1170
----------------------------------------------------------------------------------------------------------------
Big Branch (backwater effects from       From the Honey Creek                    +497  Unincorporated Areas of
 Mississippi River).                      confluence to                                 Clark County.
                                          approximately 0.5 mile
                                          downstream of State
                                          Highway H.
Buck Run (overflow effects from          At the Lewis County                     +495  Unincorporated Areas of
 Mississippi River).                      boundary.                                     Clark County.
                                         Approximately 0.6 mile                  +496
                                          downstream of Avenue of
                                          the Saints.
Doe Run (backwater effects from          From the Lewis County                   +496  Unincorporated Areas of
 Mississippi River).                      boundary to                                   Clark County.
                                          approximately 1,290 feet
                                          downstream of Avenue of
                                          the Saints.
Mississippi River......................  Approximately 2.5 miles                 +495  City of Alexandria,
                                          downstream of the Fox                         Unincorporated Areas of
                                          River confluence.                             Clark County.
                                         At the Des Moines River                 +499
                                          confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Alexandria
Maps are available for inspection at the Community Center, 109 Market Street, Alexandria, MO 63430.

                                      Unincorporated Areas of Clark County
Maps are available for inspection at the Clark County Courthouse, 111 East Court Street, Suite 4, Kahoka, MO
 63445.
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                     Schoharie County, New York (All Jurisdictions) Docket No.: FEMA-B-1076
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Cobleskill Creek.......................  Approximately 490 feet                  +919  Town of Cobleskill,
                                          downstream of New York                       Town of Richmondville,
                                          State Route 10/7.                             Village of
                                                                                Richmondville.
                                         Approximately 600 feet                +1,013
                                          upstream of the I-88
                                          Exit 20 ramp.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.

 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Town of Cobleskill
Maps are available for inspection at the Town Office, 378 Mineral Springs Road, Cobleskill, NY 12043.

Town of Richmondville
Maps are available for inspection at the Richmondville Town Hall, 340 Main Street, Richmondville, NY 12149.

Village of Richmondville
Maps are available for inspection at the Richmondville Village Hall, 295 Main Street, Richmondville, NY 12149.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: January 26, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-3179 Filed 2-9-12; 8:45 am]
BILLING CODE 9110-12-P