[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52201-52205]
[FR Doc No: 2014-20803]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2012-0260; A-1-FRL-9915-71-Region 1]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: New Hampshire; Revised State Plan for Large
and Small Municipal Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Clean Air Act section 111(d)/129 State Plan revisions for Large and
Small Municipal Waste Combustors (MWCs) submitted by the New Hampshire
Department of Environmental Services (DES) on January 29, 2009 with
amendments submitted on February 13, 2009. The revised State Plan is in
response to amended emission guidelines (EGs) and new source
performance standards (NSPS) for Large MWCs promulgated by EPA on May
10, 2006 and the strengthening of emission limits on Small MWCs as
enacted by the New Hampshire General Court in 2005. New Hampshire DES's
State Plan is for implementing and enforcing provisions at least as
protective as the EPA EGs applicable to existing Large and Small MWC
units.

DATES: This direct final rule will be effective November 3, 2014,
unless EPA receives adverse comments by October 3, 2014. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2012-0260 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2012-0260,''
Ida E. McDonnell U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics,
and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Ida E.
McDonnell, EPA New England Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912.
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 a.m. to 4:30 p.m., excluding legal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2012-0260. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov your
email 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.
    Docket: All documents in the electronic docket are listed in the
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 www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact 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 a.m. to 4:30 p.m.,
excluding legal holidays.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
New Hampshire Department of Environmental Services, Air Resources
Division, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095.

FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics, &
Indoor Programs Unit, Air Programs Branch, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, Region 1, 5 Post
Office Square, Mail Code: OEP05-2, Boston, MA, 02109-0287. The
telephone number is<PHONE_NUMBER>. Mr. Bird can also be reached via
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
    The following outline is provided to aid in locating information in
this preamble.

I. What Is a State Plan?
II. Why Does EPA Need To Approve State Plans?
III. Why Does EPA Regulate Air Emissions From MWCs?
IV. What History Does New Hampshire DES Have With MWC State Plans?
V. Why Did New Hampshire DES Submit a Revised MWC State Plan?
VI. What Revisions Have Been Made to the State Plan?
VII. Why Is EPA Approving New Hampshire DES's Revised State Plan?
VIII. Final Action
IX. Statutory and Executive Order Reviews

I. What is a State plan?

    Clean Air Act (CAA) section 111, which Congress enacted as part of
the 1970 CAA Amendments, establishes mechanisms for controlling
emissions of air pollutants from stationary sources. This provision
requires EPA to promulgate a list of categories of stationary sources
that the Administrator, in his or her judgment, finds ``causes, or
contributes significantly to, air pollution which may reasonably be
anticipated to endanger public health or welfare.'' Once EPA lists a
source category, EPA must, under CAA section 111(b)(1)(B), establish
``standards of performance'' for emissions of air pollutants from new
sources in the source category. These standards are known as new source
performance standards (NSPS), and they are national requirements that
apply directly to the sources subject to them.
    When the EPA establishes NSPS for new sources in a particular
source category, the EPA is also required, under CAA section 111(d)(1),
to prescribe regulations for states to submit plans regulating existing
sources in that source category for any air pollutant that, in general,
is not regulated under the CAA section 109 requirements for the
national ambient air quality standards (NAAQS) or regulated under the
CAA section 112 requirements for hazardous air pollutants (HAP). In
contrast with CAA section 111(b), which provides for direct federal
regulation of new sources, section 111(d)'s mechanism for regulating
existing sources provides that states will submit plans that establish
``standards of performance'' for the affected existing sources and that
contain other measures to implement and enforce those standards.

II. Why does EPA need to approve State plans?

    Under section 129 of the CAA, EGs are not federally enforceable.
Section 129(b)(2) of the CAA requires states to submit state plans to
EPA for approval. Each state must show that its state plan will carry
out and enforce the EGs. State plans must be at least as protective as
the EGs and will become federally enforceable upon EPA's approval. The
procedures for adopting and submitting state plans are in 40 CFR Part
60, Subpart B.

III. Why does EPA regulate air emissions from MWCs?

    When burned, municipal solid wastes emit various air pollutants,
including hydrochloric acid, dioxin/furan, toxic metals (lead, cadmium,
and mercury) and particulate matter. Mercury is highly hazardous and is
of particular concern because it persists in the environment and
bioaccumulates through the food web. Serious human health effects,
primarily to the nervous system, have been associated with exposures to
mercury. Harmful effects in wildlife have also been reported; these
include nervous system damage and behavioral and reproductive deficits.
Human and wildlife exposure to mercury occur mainly through eating of
fish. When inhaled, mercury vapor attacks the lung tissue and is a
cumulative poison. Short-term exposure to mercury in certain forms can
cause hallucinations and impair consciousness. Long-term exposure to
mercury in certain forms can affect the central nervous system and
cause kidney damage.\1\
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    \1\ U.S. Environmental Protection Agency. Mercury Report to
Congress, Volume V: Health Effects of Mercury and Mercury Compounds
(EPA-452/R-97-007) and Volume VI: An Ecological Assessment for
Anthropogenic Mercury Emissions in the United States (EPA-452/R-97-
008). U.S. EPA Office of Air Quality, Planning, and Standards and
Office of Research and Development. Washington, DC, 1997.
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    Exposure to particulate matter can aggravate existing respiratory
and cardiovascular disease and increase risk of premature death.\2\
Hydrochloric acid is a clear colorless gas. Chronic exposure to
hydrochloric acid has been reported to cause gastritis, chronic
bronchitis, dermatitis, and photosensitization. Acute exposure to high
levels of chlorine in humans may result in chest pain, vomiting, toxic
pneumonitis, pulmonary edema, and death. At lower levels, chlorine is a
potent irritant to the eyes, the upper respiratory tract, and lungs.\3\
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    \2\ U.S. Environmental Protection Agency. Integrated Science
Assessment for Particulate Matter (EPA/600/R-08/139F). U.S. EPA
Office of Air and Radiation. Washington, DC, 2009.
    \3\ U.S. Environmental Protection Agency. Integrated Risk
Information System (IRIS) on Hydrogen Chloride. U.S EPA National
Center for Environmental Assessment and Office of Research and
Development. Washington, DC, 1999.
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    Exposure to dioxin and furan can cause skin disorders, cancer, and
reproductive effects such as endometriosis.\4\
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    \4\ U.S. Environmental Protection Agency. Health Assessment
Document for 2,3,7,8-Tetrachlorodibenzo-P-Dioxin (TCDD) and Related
Compounds (EPA/600/BP-92/001a). U.S. EPA Office of Research and
Development. Washington, DC, 1994.
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IV. What history does New Hampshire DES have with MWC State plans?

    On August 16, 2002, New Hampshire Department of Environmental
Services (DES) submitted a CAA section 111(d)/129 State Plan for
implementing and enforcing EGs for existing large and

small municipal waste combustors (MWCs) pursuant to 40 CFR Part 60,
Subpart Cb and BBBB, respectively. New Hampshire DES combined the
requirements of 40 CFR Part 60, Subpart Cb and BBBB into a single plan
and enforceable mechanism, New Hampshire Code of Administrative Rules
Env-A 3300 Municipal Waste Combustion (Env-A 3300), which included the
differing emissions limits for large and small MWCs.
    New Hampshire DES's State Plan was analyzed by EPA. The Plan
included all necessary elements of an approvable CAA section 111(d)/129
state plan, including: identification of legal authority;
identification of enforceable state mechanisms for implementing plan;
inventory of affected sources; inventory of emissions from affected
sources; emissions limitations for affected sources; compliance
schedule; and testing, monitoring, recordkeeping, and reporting
requirements. EPA approved the New Hampshire DES State Plan on February
10, 2003 (68 FR 6630).

V. Why did New Hampshire DES submit a revised MWC State plan?

    Section 129(a)(5) of the CAA requires EPA to conduct a 5-year
review of NSPS and EGs for solid waste incinerators and amend standards
and requirements as appropriate. Accordingly, EPA promulgated amended
standards and requirements for Large MWCs on May 10, 2006 (71 FR
27324). This rulemaking included revised limits for dioxin/furan (only
for units equipped with electrostatic precipitators), mercury, cadmium,
lead, particulate matter, and nitrogen oxides (for some types of
units). It also contained revisions to the compliance testing
provisions to require increased data availability from continuous
emissions monitoring systems (CEMS). CEMS are required to generate at
least ninety-five percent (95%) data availability on a calendar year
basis and at least ninety percent (90%) data availability on a calendar
quarter basis. The compliance testing provisions have also been revised
to allow the optional use of CEMS to monitor particulate matter and
mercury. Other revisions include:
     Operator stand-in provisions to clarify how long a shift
supervisor is allowed to be off site when a provisionally certified
control room operator is standing in;
     An eight-hour block average for measuring activated carbon
injection rate;
     A provision for waiver of operating parameter limits
during the mercury performance test and for two weeks preceding the
test, as is already allowed for dioxin testing;
     A revision to relative accuracy criteria for sulfur
dioxide and carbon monoxide CEMS;
     Flexibility to the annual compliance testing schedule so
that a facility tests once per calendar year, but no less than nine
months and no more than 15 months since the previous test;
     Allowing use of parametric monitoring limits from an
exceptionally well-operated MWC unit to be applied to all identical
units at the same plant site without retesting for dioxin;
     The option of monitoring the activated carbon injection
pressure or equivalent parameter; and
     Clarifying the exclusion of monitoring data from
compliance calculations.
    In addition to EPA's amended standards and requirements for Large
MWCs, the New Hampshire General Court enacted more stringent emission
limits for Small MWCs, codified at New Hampshire Revised Statutes
Annotated 125-C:10-a, in 2005. The limits took effect January 1, 2006.
    In response to the actions described above, New Hampshire DES
submitted a revised State Plan to EPA on January 29, 2009. The formal
submittal was accompanied by minor technical amendments submitted to
EPA on February 13, 2009. EPA is taking action on the January 29, 2009
State Plan revision and the February 13, 2009 amendments in today's
Federal Register.

VI. What revisions have been made to the State plan?

    New Hampshire DES amended the emission limits for Large MWCs in
Env-A 3300 to be consistent with EPA's amended EGs. Amendments to
operating practices, training and certification, testing and
monitoring, and reporting and recordkeeping were incorporated into Env-
A 3300 by reference, as Env-A 3300 references specific citations in
EPA's Large MWC EGs.
    Sections of Env-A 3300 were revised to reflect name/numbering
changes made to other New Hampshire DES rules cross-referenced in Env-A
3300. Instances where reference was made to Env-Wm 2705.07 and Env-Wm
3300 were changed to Env-Sw 1005.07 and Env-Sw 1600, respectively.
These changes account for the name/numbering changes in the cross-
referenced sections.
    Env-A 3306.01 was revised to make reference to Env-A 808,
Continuous Emission Monitoring, which has the effect of increasing the
minutes of data for a valid hourly average beyond what is required in
EPA's Large MWC EGs. This revision strengthens the requirements of the
Plan's enforceable mechanism.
    New Hampshire DES also submitted revised emission limits for Small
MWCs, which are more stringent than the federal limits pursuant to 40
CFR part 60, Subpart BBBB. The New Hampshire General Court enacted the
more stringent emission limits, codified at New Hampshire Revised
Statutes Annotated 125-C:10-a, in 2005. The emission limits took effect
January 1, 2006. New Hampshire DES submitted the more stringent
emission limits as part of its revised State Plan.
    New Hampshire DES's January 29, 2009 submittal did not change the
NOx emission standard for mass burn rotary waterwall MWCs in Env-A 3300
as there is no such facility within the jurisdiction of New Hampshire
DES that operates with this specified technology. As such, on February
13, 2009, New Hampshire DES submitted an amendment to the State Plan
for MWCs, which redacted the NOx standards for mass burn rotary
waterwall units in Env-A 3300.
    New Hampshire DES's final revised State Plan for MWCs includes all
revisions submitted on January 29, 2009 and the amendment submitted on
February 13, 2009.

VII. Why is EPA approving New Hampshire DES's revised State plan?

    EPA has evaluated the revised State Plan for MWCs submitted by New
Hampshire DES for consistency with the CAA and EPA guidelines and
policies. EPA has determined that New Hampshire DES's State Plan for
Large and Small MWCs meets or exceeds all requirements and, therefore,
EPA is approving New Hampshire DES's State Plan to implement and
enforce the EGs, as they apply to existing Large and Small MWCs within
the jurisdiction of New Hampshire DES.
    EPA's approval of New Hampshire's State Plan is based on our
findings that:
    1. New Hampshire DES provided adequate public notice of public
hearings for the proposed rulemaking that allows New Hampshire to carry
out and enforce provisions that are at least as protective as the EGs
for Large and Small MWCs, and;
    2. New Hampshire DES demonstrated legal authority to adopt emission
standards and compliance schedules applicable to the designated
facilities; enforce applicable laws, regulations, standards and
compliance schedules; seek injunctive relief; obtain information
necessary to determine

compliance; require record keeping; conduct inspections and tests;
require the use of monitors; require emission reports of owners and
operators; and make emission data publicly available.

VIII. Final Action

    EPA is approving New Hampshire's revised State Plan for existing
Large and Small MWCs. EPA is publishing this action without prior
proposal because the Agency views this as a noncontroversial amendment
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 State
Plan should relevant adverse comments be filed. This rule will be
effective November 3, 2014 without further notice unless the Agency
receives relevant adverse comments by October 3, 2014.
    If the EPA receives such comments, then EPA will publish a notice
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. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on November 3, 2014 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IX. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve 111(d)/129
plan submissions that comply with the provisions of the CAA and
applicable Federal regulations. 40 CFR 62.02(a). Thus, in reviewing
111(d)/129 plan 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the State Plan is not approved to apply in Indian country
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 3, 2014. 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 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements, Sulfur oxides, Waste treatment and
disposal.

    Dated: July 11, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 62 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart EE--New Hampshire

0
2. Section 62.7325 is amended by adding paragraph (b)(4)(i) and (ii) to
read as follows:

Sec.  62.7325  Identification of Plan.

* * * * *
    (b) * * *
    (4) * * *
    (i) Revised State Plan for Large and Small Municipal Waste
Combustors was submitted on January 29, 2009, with a technical
amendment submitted on February 13, 2009. Revisions included

amendments to New Hampshire Code of Administrative Rules Env-A 3300
Municipal Waste Combustion in response to amended emission guidelines
for Large MWCs (40 CFR Part 60, Subpart Cb) published on May 10, 2006
and emission limits for Small MWCs enacted by the New Hampshire General
Court in 2005 and codified at New Hampshire Revised Statutes Annotated
125-C:10-a.
    (ii) [Reserved]
* * * * *
[FR Doc. 2014-20803 Filed 9-2-14; 8:45 am]
BILLING CODE 6560-50-P


MCPB Reader's Guide 1 Reader's Guide to MCPB E Docket # OPP 2005 0263 EPA has created this document to provide an organizational structure to the MCPB docket index groups related documents. The first group contains the Federal Register and Docket Organizational Documents; the second group contains Human Health Risk Assessment Documents for Phase 3 Public Comments, the third group contains the Environmental Risk Assessment documents, the fourth group contains the Registrant's comments and the Agency's Response. The Agency is providing the " Reader's Guide" to allow the reader to more easily access and navigate the various items contained in the MCPB e docket.

Federal Register and Docket Organizational Documents:

Docket Item 1. Federal Register Notice: MCPB Risk Assessments and Related Documents ( Phase 3 of 4 Phase Process); 10/ 26/ 05 Notice of Availability Docket Item 2. Reader's Guide to MCPB E Docket # OPP 2005 0263 This notice announces that the risk assessments are available for public review and comment.

Human Health Risk Assessment Documents for Phase 3 Public Comments:

Docket Item 3. MCPB: Revised Occupational and Residential Exposure and Risk Assessment for the Reregistration Eligibility Decision ( RED) 10/ 19/ 05 Dole, Timothy This document describes the potential human health effects of occupational and residential/ nonoccupational exposure to MCPB including error only revisions based on registrant comments.

Docket Item 4. MCPB: Appendix A  Standard Methods used for calculating occupational exposures to MCPB.

This document describes the standard methods used by the Agency for calculating occupational exposures to MCPB.

Docket Item 5. MCPB: Spreadsheet B1  MCPB Short/ Intermediate Term Inhalation MOEs for the Reregistration Eligibility Decision ( RED) 10/ 19/ 05 Dole, Timothy This document describes MCPB Short/ Intermediate Term Inhalation MOEs.

Docket Item 6. MCPB: Appendix C  Occupational Post Application Risks of MCPB Exposures for the Reregistration Eligibility Decision ( RED) 10/ 19/ 05 Dole, Timothy MCPB Reader's Guide 2 This document describes Occupational Post Application Risks of MCPB Exposures Docket Item 7. MCPB: Phase II Response to Error Only Comments on the HED Chapter of the Reregistration Eligibility Decision Document ( RED). 10/ 24/ 05 Elizabeth Mendez This document describes all the human health risks from the use of MCPB including error only revisions based on registrant comments and the Agency's response to the errors presented by the registrant, concerning the Human Health Chapters for MCPB.

Environmental Fate and Effects Documents for Phase 3 Public Comment Docket Item 8. EFED revised risk assessment for the Registration of MCPB and MCPB Sodium for Use on Peas. 10/ 20/ 05 Janson, Marie This document describes the toxicity of MCPB to animals and plants in the environment. It also describes the fate of MCPB and its metabolites in the environment. This document was revised and includes error only revisions based on registrant comments.

Registrant's Comments and Agency Response Docket Item 9. Registrant's Errors Comments on EPA's Preliminary Risk Assessments for the Reregistration Eligibility Decision for MCPB. 9/ 23/ 05 Miller, Debra This letter describes potential errors in the Human Health Risk Assessment, ORE assessment and EFED risk assessments found by the registrant.

Docket Item 10. Registrant   Additional Error Only Comments Supplemental Submission to 09 23 05 Error Only Comments on DRAFT RED. 9/ 29/ 2005 Miller, Debra This letter describes additional potential errors in the Human Health Risk Assessment, ORE assessment and EFED risk assessments found by the registrant.

Docket Item 11. Response to Error Only Registrant Comments on Preliminary EFED Chapter for MCPB. 10/ 20/ 05 Janson, Marie This document describes the Agency's response to errors presented by the registrant, concerning the Environmental Fate and Effects chapters for MCPB.


[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43840-43841]
[FR Doc No: 2022-15719]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15277-000]

Rye Bailey Hydroelectric, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On June 6, 2022, Rye Bailey Hydroelectric, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of
hydropower at the existing U.S. Army Corps of Engineers' (Corps) R.D.
Bailey Dam located on the Guyandotte River in Mingo and Wyoming
Counties, West Virginia. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed R.D. Bailey Hydroelectric Project would consist of the
following: (1) a new 40-foot-wide, 60-foot-long powerhouse to be
located downstream of the Corps dam along the northern bank; (2) a new
concrete bifurcation chamber at the end of an existing conduit to
divide flows between the stilling basin and the powerhouse; (3) a new
15-foot-diameter penstock approximately 50 feet long; (4) two turbine-
generator units with a total generating capacity of 8 megawatts; (5) a
new 100-foot-wide by 400-foot-long tailrace; (6) a new substation with
a step-up transformer; (7) a new 2.5-mile-long, 46-kilovolt
transmission line; and (8) appurtenant facilities. The proposed project
would have an estimated annual generation of 30,000 megawatt-hours.
    Applicant Contact: Michael Rooney, Rye Development, LLC, 100 S.
Olive Street, West Palm Beach, FL 33401; phone:<PHONE_NUMBER>; Erik
Steimle, Rye Development, LLC, 100 S Olive Street, West Palm Beach, FL
33401; phone:<PHONE_NUMBER>.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at https://elibrary.ferc.gov/eLibrary/search.
Enter the docket number (P-15277) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: July 18, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15719 Filed 7-21-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50110-50113]
[FR Doc No: 2021-19311]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8729-01-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of the Chief Financial Officer (OCFO), Environmental
Protection Agency (EPA).

ACTION: Notice of a modified system of records.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of the
Chief Financial Officer (OCFO), Office of Technology Solutions, is
giving notice that it proposes to modify a system of records pursuant
to the provisions of the Privacy Act of 1974. EPA is making updates to
its system of records, PeoplePlus, EPA-1 and is modifying this system
of records notice to reflect those updates. EPA's Office of Human
Resources (OHR) previously used the EPA-1 PeoplePlus system to
administer several human resources functions, including time and
attendance, payroll, workforce transformation, and entrance on duty
system. The PeoplePlus system will now only be used for time and
attendance, and EPA's OCFO will now manage the system.

DATES: Persons wishing to comment on this system of records notice must
do so by October 7, 2021. New routine uses for this system of records
will be effective October 7, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2014-0014, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
    Email<EMAIL_ADDRESS>Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/D.C., WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special

arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2014-0014. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that you consider to be CUI or otherwise protected through
https://www.regulations.gov. The https://www.regulations.gov website is
an ``anonymous access'' system for the EPA, which means the EPA will
not know your identity or contact information. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment. If the EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. If you send an email comment directly to the EPA without going
through https://www.regulations.gov, your email 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.
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 the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/D.C., WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington. DC 20460. The Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752.

Temporary Hours During Covid-19

    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes.
    Hand deliveries and couriers may be received by scheduled
appointment only. For further information on EPA Docket Center services
and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Clanton, Director, Office of
Technology Solutions; 1200 Pennsylvania Avenue NW, Mail Code 2731R,
Washington, DC 20460; email address<EMAIL_ADDRESS>telephone
number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: EPA's OHR has been using the PeoplePlus
system to administer payroll, HR processes, and time and attendance.
    EPA is removing the following systems/functions from the PeoplePlus
system: Payroll (Federal Personnel Payroll System), Workforce
Transformation, and Tracking System and Entrance on Duty System (WTTS/
EODS)--web-based Human Resources Management Suite (HRMS), and Oracle's
Business Intelligence Enterprise Edition (OBIEE). Specifically, the
Department of the Interior, Interior Business Center will be hosting
the systems/functions.
    PeoplePlus will continue to administer EPA's time and attendance,
and EPA is retaining those provisions of the EPA-1 SORN for these
functions. The information maintained in PeoplePlus's time and
attendance system is not being modified and the portions of the EPA-1
SORN not modified here remain unchanged.
    The system manager, authority for maintenance of the system,
purpose of the system, categories of records in the system, record
source categories, routine uses, and policy and practices for storage
and retrieval are being modified to reflect the updated usage and
collection.

SYSTEM NAME AND NUMBER:
    PeoplePlus; EPA-1.

SYSTEM LOCATION:
    U.S. Environmental Protection Agency, National Computer Center
(NCC), 109 T.W. Alexander Drive, Durham, NC 27711.

SYSTEM MANAGER(S):
    Michael Clanton, Director, Office of Technology Solutions; 1200
Pennsylvania Avenue NW, Mail Code 2731R, Washington, DC 20460; email
address<EMAIL_ADDRESS>telephone number:<PHONE_NUMBER>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 5101 et seq.; 5 U.S.C. 5501 et seq.; 5 U.S.C. 5525 et
seq.; 5 U.S.C. 5701 et seq.; 5 U.S.C. 6301 et seq.; 31 U.S.C. 3512;
Executive Order 9397 (Nov. 22, 1943); 5 U.S.C. 6362.

PURPOSE(S) OF THE SYSTEM:
    As revised herein, PeoplePlus administers EPA's time and attendance
by allowing EPA federal employees to document their time and
attendance, including assigning time reporting and work codes. This
time and attendance information is exchanged with EPA's payroll
provider allowing for the processing of EPA employee payroll.
PeoplePlus also allows EPA employees to track, request, and cancel
various absence forms, including sick leave, annual leave,
administrative leave, and time off awards.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former EPA employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    PeoplePlus contains general EPA employee time and attendance
information. This includes elements (Hours/Time Reporting Code/Work
Code) associated with bi-weekly time and attendance and elements
(Start-End Dates/Leave Category/Absence Type/Duration) related to
submitting absence requests for various types of leave. PeoplePlus
contains employee information for payroll processing, including: Names,
SSNs, EINs, DOBs, Addresses, Work Telephone #s, and Employee IDs.

RECORD SOURCE CATEGORIES:
    EPA's payroll provider, the individual on whom the record is
maintained, and Agency officials such as managers and supervisors.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
routine uses apply to this system:
    A. Disclosure for Law Enforcement Purposes: Information may be
disclosed

to the appropriate Federal, State, local, tribal, or foreign agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the information is relevant
to a violation or potential violation of civil or criminal law or
regulation within the jurisdiction of the receiving entity.
    B. Disclosure Incident to Requesting Information: Information may
be disclosed to any source from which additional information is
requested (to the extent necessary to identify the individual, inform
the source of the purpose of the request, and to identify the type of
information requested,) when necessary to obtain information relevant
to an agency decision concerning retention of an employee or other
personnel action (other than hiring,) retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant, or other benefit.
    C. Disclosure to Requesting Agency: Disclosure may be made to a
Federal, State, local, foreign, or tribal or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
    D. Disclosure to Office of Management and Budget: Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
    E. Disclosure to Congressional Offices: Information may be
disclosed to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual.
    F. Disclosure to Department of Justice: Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
    4. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or the Agency is deemed by the
Agency to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
    G. Disclosure to the National Archives: Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
    H. Disclosure to Contractors, Grantees, and Others: Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints and Appeals:
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint, claim, or appeal filed by an employee, but only
to the extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
    J. Disclosure to the Office of Personnel Management: Information
from this system of records may be disclosed to the Office of Personnel
Management pursuant to that agency's responsibility for evaluation and
oversight of Federal personnel management.
    K. Disclosure in Connection With Litigation: Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against the Agency,
including public filing with a court, to the extent that disclosure of
the information is relevant and necessary to the litigation or
discussions and except where court orders are otherwise required under
section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
    The two routine uses below (L and M) are required by OMB Memorandum
M-17-12.
    L. Disclosure to Persons or Entities in Response to an Actual or
Suspected Breach of Personally Identifiable Information: To appropriate
agencies, entities, and persons when (1) the Agency suspects or has
confirmed that there has been a breach of the system of records, (2)
the Agency has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Agency
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Agency's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
    M. Disclosure to Assist Another Agency in Its Efforts to Respond to
a Breach of Personally Identifiable Information: To another Federal
agency or Federal entity, when the Agency determines that information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach or (2) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, programs, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
    N. Disclosure to EPA's Payroll Processing Entity: To EPA's current
payroll provider to process EPA's payroll.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically on servers located at
EPA, NCC.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the employee identification number and/or
employee network ID.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records contained in this system of records are covered by EPA
record schedule 300 for purposes of retention and disposal. Records are
maintained for 3 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personally identifiable
information (PII) in PeoplePlus are commensurate with those required
for an information system rated MODERATE for confidentiality,
integrity, and availability, as prescribed in National Institute of
Standards and Technology (NIST) Special Publication, 800-53, ``Security
and Privacy Controls for Federal Information Systems and
Organizations,'' Revision 5.
    1. Administrative Safeguards: PeoplePlus follows procedures set out
by NIST 800-53 and EPA's Chief Information Officer (CIO) Security
Procedures including that EPA personnel are required to complete annual
agency Information Security and Privacy training. EPA personnel are
instructed to lock their computers when they leave their desks.
    2. Technical Safeguards: Computer records are maintained in a
secure password-protected environment. Access to computer records is
limited to those who have a need to know. Permission level assignments
allow users access only to those functions for which they are
authorized. Data stored on the server is encrypted. Backups will be
maintained at a disaster recovery site.
    3. Physical Safeguards: All servers are maintained in secure,
access-controlled areas or buildings.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information in this system of records
about themselves are required to provide adequate identification (e.g.,
driver's license, military identification card, employee badge, or
identification card). Additional identity verification procedures may
be required, as warranted. Requests must meet the requirements of EPA
regulations that implement the Privacy Act of 1974, at 40 CFR part 16.

CONTESTING RECORDS PROCEDURES:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records
contains a record about him or her should make a written request to the
EPA, Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460<EMAIL_ADDRESS>
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    EPA-1, PeoplePlus previously issued SORN modifications published in
the Federal Register on June 5, 2014 (79 FR 32543), July 9, 2007 (72 FR
37217-37220), October 10, 2003 (68 FR 58670), and February 22, 2002 (67
FR 8246).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-19311 Filed 9-3-21; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 21, 2009 (Volume 74, Number 75)]
[Rules and Regulations]
[Page 18152-18154]
[DOCID:fr21ap09-15]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1046]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

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

FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim 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 interim 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 interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

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

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

Sec.  65.4  [Amended]

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Autauga..................  City of Prattville     February 28, 2009;    The Honorable Jim Byard,   February 20, 2009..............       010002
                                     (07-04-6309P).         March 7, 2009;        Jr., Mayor, City of
                                                            Prattville Progress.  Prattville, 101 West
                                                                                Main Street, Prattville,
                                                                                AL 36067.
Arizona:
    Coconino......................  Unincorporated areas   February 20, 2009;    The Honorable Deb Hill,    June 29, 2009..................       040019
                                     of Coconino County     February 27, 2009;    Chairman, Coconino
                                     (08-09-1418P).         Arizona Daily Sun.    County Board of
                                                                                Supervisors, 219 East
                                                                                Cherry Avenue,
                                                                                Flagstaff, AZ 86001.
    Maricopa......................  City of Avondale (08-  March 5, 2009; March  The Honorable Marie        July 10, 2009..................       040038
                                     09-0655P).             12, 2009; Arizona     Lopez, Mayor, City of
                                                            Business Gazette.     Avondale, 11465 West
                                                                                Civic Center Drive,
                                                                                Suite 280, Avondale, AZ
                                                                                85323.
    Maricopa......................  Unincorporated areas   March 5, 2009; March  The Honorable Andrew       July 10, 2009..................       040037
                                     of Maricopa County     12, 2009; Arizona     Kunasek, Chairman,
                                     (08-09-0655P).         Business Gazette.     Maricopa County Board of
                                                                                Supervisors, 301 West
                                                                                Jefferson Street, 10th
                                                                                Floor, Phoenix, AZ 85003.

    Maricopa......................  City of Peoria (08-09- January 22, 2009;     The Honorable Bob          January 12, 2009...............       040050
                                     1474P).                January 29, 2009;     Barrett, Mayor, City of
                                                            Arizona Business      Peoria, City of Peoria
                                                            Gazette.              Municipal Complex, 8401
                                                                                West Monroe Street,
                                                                                Peoria, AZ 85345.
    Maricopa......................  City of Tolleson (08-  March 5, 2009; March  The Honorable Adolfo F.    July 10, 2009..................       040055
                                     09-0655P).             12, 2009; Arizona     G[aacute]mez, Mayor,
                                                            Business Gazette.     City of Tolleson, 9555
                                                                                West Van Buren Street,
                                                                                Tolleson, AZ 85353.
California: San Diego.............  City of National City  March 3, 2009; March  The Honorable Ron          July 8, 2009...................       060293
                                     (08-09-1802P).         10, 2009; San Diego   Morrison, Mayor,
                                                            Union Tribune.        National City, 1243
                                                                                National City Boulevard,
                                                                                National City, CA 91950.
Colorado: Jefferson...............  City of Golden (09-08- March 5, 2009; March  The Honorable Jacob        February 27, 2009..............       080090
                                     0184P).                12, 2009; Golden      Smith, Mayor, City of
                                                            Transcript.           Golden, 911 10th Street,
                                                                                Golden, CO 80401.
Florida: Seminole.................  Unincorporated areas   March 6, 2009; March  The Honorable Bob          February 25, 2009..............       120289
                                     of Seminole County     13, 2009; Orlando     Dallari, Chairman,
                                     (08-04-6702P).         Sentinel.             Seminole County Board of
                                                                                Commissioners, 1101 East
                                                                                First Street, Sanford,
                                                                                FL 32771.
Georgia:
    Columbia......................  Unincorporated areas   March 1, 2009; March  The Honorable Ron C.       July 6, 2009...................       130059
                                     of Columbia County     8, 2009; Columbia     Cross, Chairman,
                                     (07-04-4253P).         County News Times.    Columbia County Board of
                                                                                Commissioners, P.O. Box
                                                                                498, Evans, GA 30809.
    Henry.........................  Unincorporated areas   March 13, 2009;       The Honorable Elizabeth    July 20, 2009..................       130468
                                     of Henry County (08-   March 20, 2009;       ``BJ'' Mathis,
                                     04-5164P).             Daily Herald.         Chairperson, Board of
                                                                                Commissioners, Henry
                                                                                County, 140 Henry
                                                                                Parkway, McDonough, GA
                                                                                30253.
Idaho:
    Blaine........................  Unincorporated areas   March 11, 2009;       The Honorable Tom Bowman,  February 27, 2009..............       165167
                                     of Blaine County (09-  March 18, 2009;       Chairman, Blaine County
                                     10-0141P).             Idaho Mountain        Board of Commissioners,
                                                            Express.              206 First Avenue South,
                                                                                Suite 300, Hailey, ID
                                                                                83333.
    Blaine........................  City of Hailey (09-10- March 11, 2009;       The Honorable Rick Davis,  February 27, 2009..............       160022
                                     0141P).                March 18, 2009;       Mayor, City of Hailey,
                                                            Idaho Mountain        115 Main Street South,
                                                            Express.              Suite H, Hailey, ID
                                                                                83333.
Kentucky: Lexington-Fayette Urban   Lexington-Fayette      December 12, 2008;    The Honorable Jim          November 28, 2008..............       210067
 County Government.                  Urban County           December 19, 2008;    Newberry, Mayor,
                                     Government (08-04-     Lexington Herald      Lexington-Fayette, Urban
                                     5296P).                Leader.               County Government, 200
                                                                                East Main Street, 12th
                                                                                Floor, Lexington, KY
                                                                                40507.
Louisiana:
    East Baton Rouge..............  Unincorporated areas   February 11, 2009;    The Honorable Melvin       June 18, 2009..................       220058
                                     of East Baton Rouge    February 18, 2009;    Holden, Mayor, East
                                     Parish (08-06-2569P).  The Advocate.         Baton Rouge Parish, 222
                                                                                Saint Louis Street,
                                                                                Third Floor, Baton
                                                                                Rouge, LA 70802.
    East Baton Rouge..............  City of Zachary (08-   February 12, 2009;    The Honorable Henry J.     June 18, 2009..................       220061
                                     06-2569P).             February 19, 2009;    Martinez, Mayor, City of
                                                            Zachary Plainsman.    Zachary, 4700 Main
                                                                                Street, Zachary, LA
                                                                                70791.
New Hampshire: Grafton............  Town of Waterville     September 4, 2008;    The Honorable Dave         January 9, 2009................       330077
                                     Valley (08-01-0905P).  September 11, 2008;   Jenkins, Chair, Board of
                                                            Record Enterprise.    Selectmen, Town of
                                                                                Waterville Valley, Town
                                                                                Office, P.O. Box 500,
                                                                                Waterville Valley, NH
                                                                                03215.
North Carolina: Guilford..........  City of Greensboro     March 6, 2009; March  The Honorable Yvonne J.    July 13, 2009..................       375351
                                     (09-04-0087P).         13, 2009;             Johnson, Mayor, City of
                                                            Greensboro News &     Greensboro, P.O. Box
                                                            Record.               3136, Greensboro, NC
                                                                                27402-3136.
South Carolina: Jasper............  Unincorporated areas   March 4, 2009; March  The Honorable Dr. George   July 9, 2009...................       450112
                                     of Jasper County (08-  11, 2009; Jasper      Hood, Chairman, Jasper
                                     04-5295P).             County Sun.           County Council, P.O. Box
                                                                                1149, Ridgeland, SC
                                                                                29936.
Texas:
    Bexar.........................  Unincorporated areas   March 6, 2009; March  The Honorable Nelson W.    July 13, 2009..................       480035
                                     of Bexar County (09-   13, 2009; Daily       Wolff, Bexar County
                                     06-0762P).             Commercial Recorder.  Judge, 100 Dolorosa
                                                                                Street, Suite 120, San
                                                                                Antonio, TX 78205.
    Denton........................  Town of Copper Canyon  March 2, 2009; March  The Honorable Sue Tejml,   February 25, 2009..............       481508
                                     (09-06-0214P).         9, 2009; Denton       Mayor, Town of Copper
                                                            Record Chronicle.     Canyon, 400 Woodland
                                                                                Drive, Copper Canyon, TX
                                                                                75077.
Virginia:
    Fauquier......................  Unincorporated areas   March 5, 2009; March  The Honorable R. Holder    July 10, 2009..................       510055
                                     of Fauquier County     12, 2009; Fauquier    Trumbo, Jr., Chairman,
                                     (08-03-1792P).         Times Democrat.       Board of Supervisors, 10
                                                                                Hotel Street, Suite 208,
                                                                                Warrenton, VA 20186.
    Henrico.......................  Unincorporated areas   March 12, 2009;       The Honorable David A.     July 17, 2009..................       510077
                                     of Henrico County      March 19, 2009;       Kaechele, Chairman,
                                     (09-03-0224P).         Richmond Times        Board of Supervisors,
                                                            Dispatch.             Henrico County, P.O. Box
                                                                                90775, Henrico, VA 23273.
Wisconsin: Dane...................  City of Sun Prairie    March 12, 2009;       The Honorable Joe Chase,   February 27, 2009..............       550573
                                     (08-05-1760P).         March 19, 2009; The   Mayor, City of Sun
                                                            Star.                 Prairie, 300 East Main
                                                                                Street, Sun Prairie, WI
                                                                                53590.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: April 10, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-9063 Filed 4-20-09; 8:45 am]

BILLING CODE 9110-12-P