5–25–10 Tuesday Vol. 75 No. 100 May 25, 2010

Pages 29183–29388

VerDate Mar 15 2010 19:37 May 24, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\25MYWS.LOC 25MYWS sroberts on DSKD5P82C1PROD with FRONTMATTER II Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents FEDERAL REGISTER WORKSHOP currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT authenticates the Federal Register as the official serial publication FOR: Any person who uses the Federal Register and Code of established under the Federal Register Act. Under 44 U.S.C. 1507, Federal Regulations. the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. WHO: Sponsored by the Office of the Federal Register. It is also available online at no charge as one of the databases WHAT: Free public briefings (approximately 3 hours) to present: on GPO Access, a service of the U.S. Government Printing Office. 1. The regulatory process, with a focus on the Federal The online edition of the Federal Register, www.gpoaccess.gov/ Register system and the public’s role in the develop- nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the ment of regulations. official legal equivalent of the paper and microfiche editions (44 2. The relationship between the Federal Register and U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Code of Federal Regulations. the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. 3. The important elements of typical Federal Register doc- uments. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 4. An introduction to the finding aids of the FR/CFR sys- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. tem. The Support Team is available between 7:00 a.m. and 9:00 p.m. WHY: To provide the public with access to information nec- Eastern Time, Monday–Friday, except official holidays. essary to research Federal agency regulations which di- The annual subscription price for the Federal Register paper rectly affect them. There will be no discussion of spe- edition is $749 plus postage, or $808, plus postage, for a combined cific agency regulations. Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal llllllllllllllllll Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half WHEN: Tuesday, June 8, 2010 the annual rate. The prevailing postal rates will be applied to 9 a.m.–12:30 p.m. orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, WHERE: Office of the Federal Register is based on the number of pages: $11 for an issue containing Conference Room, Suite 700 less than 200 pages; $22 for an issue containing 200 to 400 pages; 800 North Capitol Street, NW. and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, Washington, DC 20002 including postage. Remit check or money order, made payable RESERVATIONS: (202) 741–6008 to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 75 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Mar 15 2010 19:37 May 24, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\25MYWS.LOC 25MYWS sroberts on DSKD5P82C1PROD with FRONTMATTER III

Contents Federal Register Vol. 75, No. 100

Tuesday, May 25, 2010

Agricultural Marketing Service Meetings: NOTICES Federal Advisory Committee; Department of Defense Agency Information Collection Activities; Proposals, Wage Committee, 29322–29323 Submissions, and Approvals, 29303–29307 Agency Information Collection Activities; Proposals, Education Department Submissions, and Approvals: NOTICES Web Based Supply Chain Management Commodity Offer Agency Information Collection Activities; Proposals, Form, 29307–29308 Submissions, and Approvals, 29325–29327 Applications for New Awards for Fiscal Year (FY) 2010: Agriculture Department State Personnel Development Grants (SPDG) Program, See Agricultural Marketing Service 29327–29333 See Animal and Plant Health Inspection Service See Food Safety and Inspection Service Energy Department See Grain Inspection, Packers and Stockyards See Federal Energy Regulatory Commission Administration NOTICES RULES Agency Information Collection Activities; Proposals, Department of Agriculture Implementation of OMB Submissions, and Approvals, 29333 Guidance on Nonprocurement Debarment and Suspension, 29183–29189 Environmental Protection Agency Animal and Plant Health Inspection Service NOTICES Charter Renewals: RULES EPA Board of Scientific Counselors Advisory Board, Addition of Quarantined Areas: 29338–29339 Emerald Ash Borer; Kentucky, Michigan, Minnesota, New Meetings: York, Pennsylvania, West Virginia, and Wisconsin, SAB Panel for Review of Effects of Mountaintop Mines 29189–29191 and Valley Fills on Aquatic Ecosystems, etc., 29339– Additions of Rust-Resistant Varieties: 29340 Black Stem Rust, 29191–29193 NOTICES Decision to Issue Permits for the Importation of Fresh Male Federal Emergency Management Agency Summer Squash Flowers From Israel, 29309–29310 RULES Changes in Flood Elevation Determinations, 29195–29214 Centers for Disease Control and Prevention PROPOSED RULES NOTICES Flood Elevation Determinations, 29219–29238 Agency Information Collection Activities; Proposals, Proposed Flood Elevation Determinations, 29238–29302 Submissions, and Approvals, 29347–29350 Disease, Disability, and Injury Prevention and Control Federal Energy Regulatory Commission Special Emphasis Panel (SEP): NOTICES Miner Safety and Health Training–Western United States Application: Request for Application (RFA) OH10–001, Initial Iroquois Gas Transmission System, L.P., 29333–29334 Review, 29350 Public Utility District No. 2 of Grant Count; Washington, 29334–29335 Coast Guard Rumford Falls Hydro, LLC, 29335–29336 NOTICES Environmental Assessments; Availability, etc.: Maritime Security Directive 104–6 (Rev 2 and 3): Penobscot River Restoration Trust, 29336 Guidelines for U.S. Vessels Operating in High Risk Filing: Waters: Availability, 29358 North American Electric Reliability Corp., 29336 Interviews, Teleconferences, Regional Workshops and Commerce Department Multi-Stakeholder Technical Conference: See Industry and Security Bureau ILP Effectiveness Evaluation 2010; et. al., 29336–29337 See International Trade Administration Petition for Rate Approval: See National Oceanic and Atmospheric Administration American Midstream (Alabama Intrastate), LLC, 29337– See Patent and Trademark Office 29338 PROPOSED RULES Public Conference: Implementation of OMB Guidance on Drug Free Workplace Energy Efficiency of Natural Gas Infrastructure and Requirements, 29215–29217 Operations Conference, 29338

Defense Department Federal Motor Carrier Safety Administration See Navy Department NOTICES NOTICES Meetings: Base Closure and Realignment, 29322 Motor Carrier Safety Advisory Committee, 29384–29385

VerDate Mar<15>2010 19:37 May 24, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\25MYCN.SGM 25MYCN sroberts on DSKD5P82C1PROD with FRONTMATTER IV Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Contents

Federal Railroad Administration Industry and Security Bureau NOTICES NOTICES Safety Advisories: Meetings: Safety Appliance Securement, Potential Failure of Regulations and Procedures Technical Advisory Welded and/or Notched Vertical Hand Brake Committee, 29316 Supports, etc., 29385–29386 Interior Department Federal Reserve System See Land Management Bureau NOTICES See National Park Service Formations of, Acquisitions by, and Mergers of Bank NOTICES Holding Companies, 29340 Meetings: Invasive Species Advisory Committee, 29359 Federal Trade Commission NOTICES International Trade Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 29340–29347 Extension of Time Limits for the Final Results of the Antidumping Duty Administrative Review: Food and Drug Administration Fresh Garlic from the People’s Republic of China, 29314 NOTICES Wooden Bedroom Furniture from the People’s Republic Draft Guidance for Industry: of China, 29313 Data Elements for Submission of Veterinary Adverse Final Results of Antidumping Duty Administrative Review: Event Reports to the Center for Veterinary Medicine, Hand Trucks and Parts Thereof from the People’s 29352 Republic of China, 29314–29316 Questions and Answers Regarding the Reportable Food Registry as Established by the Food and Drug International Trade Commission Administration Amendments Act of 2007, 29350– NOTICES 29352 Scheduling of the Final Phase of Countervailing Duty and Antidumping Investigations: Food Safety and Inspection Service Certain Coated Paper Suitable For High-Quality Print NOTICES Graphics; etc., 29364–29365 Availability of Compliance Guide for Mobile Slaughter Units, 29308–29309 Justice Department PROPOSED RULES Grain Inspection, Packers and Stockyards Administration Removal of Final Rule: NOTICES Certification Process for State Capital Counsel Systems, Designation for the Muncie, IN; Fremont, NE; Maryland; 29217–29219 and West Lafayette, IN Areas, 29310 Opportunity for Designation in the Columbus, OH; Dallas, Labor Department TX; and Decatur, IN Areas; Request for Comments, etc., See Veterans Employment and Training Service 29310–29311 NOTICES Solicitation of Nominations for Members of the USDA Environmental Impact Statements; Availability, etc.: Grain Inspection Advisory Committee, 29311–29312 Job Corps: Small Wind Turbine Installation at the Pine Ridge Job Corps Center; Chadron, NE, 29365–29366 Health and Human Services Department See Centers for Disease Control and Prevention Land Management Bureau See Food and Drug Administration NOTICES See Health Resources and Services Administration Intent to Prepare an Environmental Assessment: See National Institutes of Health Proposed Competitive Geothermal Lease Sale, Gunnison County, Colorado and Land Use Plan Amendment, Health Resources and Services Administration 29361–29362 NOTICES Proposed Reinstatement of Terminated Oil and Gas Lease Agency Information Collection Activities; Proposals, (COC63019), 29364 Submissions, and Approvals, 29348–29349 Meetings: Merit Systems Protection Board National Advisory Committee on Rural Health and NOTICES Human Services, 29353 Extension of Time in which to File Amicus Briefs: Hyginus U. Aguzie v. Office of Personnel Management, Homeland Security Department 29366 See Coast Guard See Federal Emergency Management Agency National Institutes of Health See U.S. Customs and Border Protection NOTICES Meetings: Housing and Urban Development Department Center for Scientific Review, 29354–29356 NOTICES Eunice Kennedy Shriver National Institute of Child Agency Information Collection Activities; Proposals, Health and Human Development, 29354 Submissions, and Approvals: National Center on Minority and Health Disparities, Sustainable Communities Regional Planning Grant 29357 Program, 29358–29359 National Heart, Lung, and Blood Institute, 29353, 29356

VerDate Mar<15>2010 19:37 May 24, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\25MYCN.SGM 25MYCN sroberts on DSKD5P82C1PROD with FRONTMATTER Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Contents V

National Institute of Allergy and Infectious Diseases, International Securities Exchange, LLC, 29381–29383 29353 NASDAQ Stock Market LLC, 29371–29374 National Institute on Drug Abuse, 29354 The Depository Trust Co., 29374–29375 National Oceanic and Atmospheric Administration NOTICES Small Business Administration Receipt of Application for Permit Amendment: NOTICES Marine Mammals, 29316–29317 Disaster Declarations: Response to Comments on the Second Round of Nominated Kentucky, 29370 Sites National System of MPAs, 29317–29321 Mississippi, 29370–29371 South Carolina, 29371 National Park Service NOTICES Thrift Supervision Office Environmental Impact Statements; Availability, etc.: NOTICES Tamiami Trail Modifications; Everglades National Park, Agency Information Collection Activities; Proposals, Florida, 29359–29361 Submissions, and Approvals: Meetings: Consumer Protections for Depository Institution Sales of Kalaupapa National Historical Park Advisory Insurance, 29386–29387 Commission, 29362–29363 National Register of Historic Places: Pending Nominations and Related Actions, 29363–29364 Transportation Department See Federal Motor Carrier Safety Administration National Science Foundation See Federal Railroad Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29366–29369 Submissions, and Approvals, 29383–29384 Meetings: Advisory Committee for Mathematical and Physical Treasury Department Sciences, 29369 See Thrift Supervision Office Navy Department RULES U.S. Customs and Border Protection Certifications and Exemptions under the International NOTICES Regulations for Preventing Collisions at Sea, 1972, Environmental Assessments; Availability, etc.: 29193–29195 Deployment and Operation of High Energy X–Ray NOTICES Inspection Systems at Sea and Land Ports of Entry, Environmental Impact Statements; Availability, etc.: 29357–29358 Basing the U.S. Marine Corps Joint Strike Fighter F–35B on the West Coast, 29323–29324 Preferred Supplier Program (PSP), 29324–29325 Veterans Employment and Training Service NOTICES Nuclear Regulatory Commission Homeless Veterans’ Reintegration Program (HVRP) National NOTICES Technical Assistance Center Cooperative Agreement(s), Meetings; Sunshine Act, 29369–29370 29366 Patent and Trademark Office NOTICES Elimination of the Fee for Petitions to Make Special Filed Reader Aids Under the Patent Prosecution Highway Programs, Consult the Reader Aids section at the end of this page for 29312–29313 phone numbers, online resources, finding aids, reminders, Streamlined Procedure for Appeal Brief Review in Ex Parte and notice of recently enacted public laws. Reexamination Proceedings, 29321–29322 To subscribe to the Federal Register Table of Contents Securities and Exchange Commission LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Self-Regulatory Organizations; Proposed Rule Changes: archives, FEDREGTOC-L, Join or leave the list (or change C2 Options Exchange, Inc, 29375–29381 settings); then follow the instructions.

VerDate Mar<15>2010 19:37 May 24, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\25MYCN.SGM 25MYCN sroberts on DSKD5P82C1PROD with FRONTMATTER VI Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

2 CFR Ch. IV...... 29183 Proposed Rules: 1329...... 29215 7 CFR 301 (2 documents) ...... 29189, 29191 3017...... 29183 15 CFR Proposed Rules: 29...... 29215 28 CFR Proposed Rules: 26...... 29217 32 CFR 706...... 29193 44 CFR 65 (8 documents) ...... 29195, 29197, 29199, 29201, 29205, 29208, 29210, 29211 Proposed Rules: 67 (9 documents) ...... 29219, 29238, 29246, 29253, 29258, 29264, 29268, 29290, 29296

VerDate Mar 15 2010 19:39 May 24, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\25MYLS.LOC 25MYLS sroberts on DSKD5P82C1PROD with FRONTMATTER 29183

Rules and Regulations Federal Register Vol. 75, No. 100

Tuesday, May 25, 2010

This section of the FEDERAL REGISTER DATES: This interim final rule is promulgate its own rules. On November contains regulatory documents having general effective September 22, 2010, unless 15, 2006, OMB published a final rule applicability and legal effect, most of which written adverse comments or written adopting the interim final guidance with are keyed to and codified in the Code of notice of intent to submit adverse changes (71 FR 66431). Federal Regulations, which is published under comments are received on or before July USDA’s current regulation on 50 titles pursuant to 44 U.S.C. 1510. 26, 2010. nonprocurement debarment and The Code of Federal Regulations is sold by ADDRESSES: Comments may be suspension is found at 7 CFR part 3017. the Superintendent of Documents. Prices of submitted by any of the following In accordance with OMB’s guidance, new books are listed in the first FEDERAL methods: Federal eRulemaking Portal: this rule places USDA’s REGISTER issue of each week. Go to http://www.regulations.gov, select nonprocurement debarment and ‘‘Department of Agriculture—All’’ from suspension regulations in Title 2 of the the agency drop-down menu, select CFR, along with other agencies’ DEPARTMENT OF AGRICULTURE ‘‘Proposed Rules’’ from the document nonprocurement debarment and type menu, and then click ‘‘Submit.’’ In suspension regulations. The new 2 CFR Chapter IV the document title column, select the regulation at 2 CFR part 417 adopts the proposed rule with ‘‘2 CFR 417, OMB guidelines and includes, with few 7 CFR Part 3017 Implementation of OMB Guidance on exceptions, the same additions and Nonprocurement Debarment and clarifications that USDA made to the RIN 0505–AA11 Suspension’’ in the title to submit or governmentwide common rule on this Office of the Chief Financial Officer; view public comments and to view subject issued November 26, 2003 (68 Department of Agriculture supporting and related materials FR 66534, 66562). In addition to those Implementation of OMB Guidance on available electronically. Information on additions and clarifications, USDA is Nonprocurement Debarment and using Regulations.gov, including eliminating the ALJ appeal processes for Suspension instructions for accessing documents, suspension and debarment, which were submitting comments, and viewing the authorized in 7 CFR 3017.765 and AGENCY: Office of the Chief Financial docket after the close of the comment 3017.890, respectively. In 68 FR 66562, Officer, USDA. period, is available through the site’s USDA stated an intention to remove the ACTION: Interim rule. ‘‘User Tips’’ link. ALJ appeal. The Department did not E-mail: [email protected] or receive any adverse comments regarding SUMMARY: The Department of Fax: (202) 690–1529. Include Regulatory its intention to remove the ALJ appeals. Agriculture (USDA) is establishing a Information Number (RIN) 0505–AA11 The Department decided to remove the new part 417 on nonprocurement in the subject line of the message. appeal to an ALJ to conform to the same debarment and suspension at 2 CFR Postal Mail/Commercial Delivery: process as other Federal agencies. Chapter 4 that adopts and supplements Please send four copies of your USDA is replacing the exclusion from the Office of Management and Budget comments (an original and three copies) covered transaction status for (OMB) guidance at 2 CFR part 180 as to Peter Laub, OCFO/CTGPD Room nonprocurement transactions currently USDA’s policies and procedures for 3451–S, Stop 9010, 1400 Independence found in paragraph (i) of 7 CFR section nonprocurement debarment and Avenue, SW., Washington, DC 20250– 3017.215 with narrower exclusions in suspension. Part 417 of 2 CFR replaces 9010. paragraphs (a)(8) and (9) of 2 CFR the existing USDA implementation of All comments submitted must include section 417.215. The exclusion from the governmentwide common rule on the agency name and RIN for this covered transaction status under 7 CFR nonprocurement debarment and rulemaking. All comments received will 3017.215(i) applied to any transactions suspension at 7 CFR part 3017, and 7 be posted without change to http:// below the primary tier covered CFR part 3017 is removed. This action www.regulations.gov, including any transaction in USDA’s export and also modifies exclusions from covered personal information provided. foreign assistance programs, with one transactions and codifies a statutory FOR FURTHER INFORMATION CONTACT: exception relating to the Market Access permanent debarment provision. This Peter Laub, (202) 720–1554; Fax: (202) Program. USDA is also replacing the action also finalizes an earlier proposed 690–1529, E-mail: [email protected]. exclusion from covered transaction rule to eliminate an appeal to a USDA SUPPLEMENTARY INFORMATION: status for procurement transactions administrative law judge (ALJ) of a Background: On August 31, 2005, currently found in subsection (c) of 7 suspension or debarment decision. OMB issued interim final guidance for CFR 3017.220 with narrower exclusions USDA also makes adjustments to its governmentwide nonprocurement in paragraphs (c) and (d) of 2 CFR current exclusions from covered debarment and suspension (70 FR section 417.220. The exclusion from transactions. Finally, this interim rule 51863). This guidance, located at 2 CFR covered transaction status under 7 CFR implements Section 14211 of the Food, part 180, is substantively the same as 3017.220(c) applied to any procurement Conservation, and Energy Act of 2008, the common rule but is published in a transactions below the primary tier Public Law 110–246 (7 U.S.C. 2209j), form that each agency can adopt, thus covered transaction in USDA’s export which requires the Secretary to debar eliminating the need for each agency to and foreign assistance programs, with permanently from participation in publish its separate version of the same the exception of a contract for the USDA programs those convicted of rule. It also facilitates the ability to procurement of ocean transportation in having knowingly committed fraud in update governmentwide requirements connection with USDA’s foreign USDA programs. without each agency having to re- assistance programs.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29184 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

The exclusions from covered implementation of USDA’s foreign cause the demise of the program transaction status in 2 CFR 417.215(a)(8) assistance programs. altogether. and (9) and 417.220(c) and (d) will Currently, the only export credit While there will be no covered apply only to USDA’s foreign assistance guarantee program operated by USDA is transactions below the primary tier programs and two categories of USDA’s the Commodity Credit Corporation covered transaction in USDA’s foreign export programs, the export credit (CCC) Export Credit Guarantee Program, assistance programs, export credit guarantee programs and the direct credit commonly known as the GSM–102 guarantee programs, and direct credit programs. Furthermore, the exclusions program. USDA does not currently programs, USDA will still require will apply only to lower tier operate a direct credit program. Under primary tier participants in these transactions that will be implemented the GSM–102 program, CCC guarantees programs to check the EPLS and not to outside the United States. In two newly repayment of certain loans extended to enter into a nonprocurement transaction added sections, 2 CFR 417.221 and foreign bank obligors. The guarantee or a procurement contract that is 417.222, USDA explains how the itself is originally issued in favor of an expected to equal or exceed $25,000 at exclusions from covered transaction exporter of U.S. agricultural the first lower tier with a person who is status for its foreign assistance, export commodities, and in the vast majority of excluded or disqualified. Complying credit guarantee and direct credit cases, is assigned by such exporter to a with this requirement will not be programs will apply. The examples of U.S. financial institution. The currently impracticable or impose undue transactions provided in these sections authorized but dormant direct credit hardship upon the primary tier are intended to be illustrative but not sales program authorizes CCC to finance participant. exhaustive. commercial export sales of privately USDA is also eliminating the At the current time, USDA is owned stocks of commodities. exclusion from covered transaction status for nonprocurement transactions implementing two foreign assistance For example, under GSM–102, a CCC currently found in subsection (j) of 7 programs, the Food for Progress Program guarantee would exist in favor of a U.S. CFR 3017.215. This exclusion applied to and the McGovern-Dole International exporter or U.S. financial institution, as any transactions under USDA’s Food for Education and Child Nutrition assignee of such exporter. At inception, Program. USDA also has authority to conservation programs, warehouse such a guarantee would contemplate a carry out foreign assistance activities licensing programs, or programs that U.S. exporter, a foreign importer, a CCC- under section 416(b) of the Agricultural provide statutory entitlements and make approved foreign bank, and, in all Act of 1949. With regard to USDA’s available loans to individuals and likelihood, an assignee U.S. financial foreign assistance programs, the vast entities in their capacity as producers of institution. The guarantee would extend majority of transactions below the agricultural commodities. With regard to certain obligations of the CCC- primary tier covered transactions are to USDA’s conservation and commodity approved foreign bank. To the extent the carried out in foreign countries. programs, after approximately 20 years, For example, a private voluntary foreign bank and the importer are USDA has determined that the interests organization receiving a grant under the considered participants in a covered of the United States are not adequately McGovern-Dole International Food for transaction at the first lower tier, then, protected if persons who have been Education and Child Nutrition Program in the absence of an exception, the suspended or debarred are allowed to might enter into an agreement with a foreign bank and the importer would participate in these programs. With foreign subrecipient that would hire a each be required to adhere to the respect to USDA’s warehouse licensing construction company to build a school provisions of 2 CFR 180.300 when programs, these would be excluded in Afghanistan. In the absence of the entering into a covered transaction with from covered transaction status exclusions from covered transaction another person at the next lower tier. pursuant to 2 CFR 417.215(a)(3), which status in 2 CFR 417.215(a)(8) and This would have the effect of requiring excludes the receipt of licenses, permits, 417.220(c), the private voluntary each foreign bank and each importer certificates, and indemnification under organization would have to insert involved in a GSM–102 transaction, regulatory programs conducted in the compliance language into its agreement with respect to any person with whom interest of public health and safety. with the subrecipient, which would be it enters into a lower tier covered It is important to note that, consistent a participant in a covered transaction at transaction, to check the EPLS, collect a with its predecessor in 7 CFR part 3017, the first lower tier, and require the certification, or add a clause or this rule excludes from covered subrecipient to insert appropriate condition to the covered transaction transaction status those language into its contract with the with that person. Similar concerns nonprocurement transactions provided construction company. This contract would arise with respect to the direct as individual benefits, sometimes would most likely be written in the credit sales program, in the event it referred to as personal entitlements, foreign language. This would place a became active. which are received without regard to an tremendous burden on the private It would be difficult in the extreme to individual’s present responsibility. An voluntary organization. Entities in some monitor compliance by each importer individual debarred or suspended from countries may not have ready access to participant and foreign bank participant participation in a covered transaction the Excluded Parties List System with respect to each person with whom under this part, then, would not be (EPLS). Furthermore, due to language it entered into a lower tier covered prohibited on that basis from and logistical difficulties, it would be transaction. More importantly, the participation in a transaction that very difficult for USDA to monitor inability to ensure compliance with involves Federal funds but does not compliance by participants in lower tier such a requirement could readily cause have covered transaction status under transactions who are located and U.S. financial institutions to opt out of this part. To clarify further, an carrying out activities in foreign participation in the program. As nearly individual debarred or suspended countries. The exceptions in 2 CFR 100 percent of all GSM–102 transactions nevertheless remains eligible to 417.215(a)(8) and 417.220(c) have been currently involve a U.S. financial participate in a USDA transaction narrowly drawn to recognize the institution as assignee of the program, excluded from covered transaction realities of foreign transactions and to such reticence on the part of the U.S. status by this rule. For instance, based avoid an adverse impact upon the financial institutions would effectively on a criminal conviction in connection

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29185

with the performance of a grant related assistance programs. We note that the substantial direct effects on the States, to another Federal agency’s program, an listed programs encompass benefits on the relationship between the national individual may be debarred from provided under domestic food government and the States, or on the participation in all covered transactions assistance programs to individuals or distribution of power and governmentwide. Despite being households participating in and responsibilities among the various debarred, however, the individual receiving benefits under those listed levels of government. would remain eligible to participate in programs. In contrast, the rule provides List of Subjects a USDA transaction excluded from that a business, organization, covered transaction status here, such as corporation, etc., debarred by the 2 CFR Part 417 the receipt of individual or household Secretary using this authority would be benefits under the USDA’s prohibited from participation in the Debarment and suspension Supplemental Nutrition Assistance listed programs. Thus, for example, the (nonprocurement), Grant programs Program (SNAP, formerly the Food Secretary could use the authority in (Agriculture). Stamp Program). This particular § 417.865(b) to debar from future 7 CFR Part 3017 exemption is also consistent with that participation in USDA programs a day established in Section 1(c) of Executive care home provider convicted of Debarment and suspension Order 12549, Debarment and knowingly defrauding the USDA while (nonprocurement), Grant programs Suspension, the basis for the participating in the Child and Adult (Agriculture). governmentwide nonprocurement Care Food Program. As an individual, ■ debarment and suspension authorities the day care home provider and her For the reasons stated in the preamble, codified here, which specifically ‘‘does household would remain eligible to under the authority 2 CFR 180.20, not cover * * * benefits to an participate in USDA’s domestic food USDA establishes 2 CFR Chapter IV and individual as a personal entitlement.’’ assistance programs as recipients—for amends 7 CFR Chapter XXX as follows: Examples of other noncovered example, receiving benefits under the TITLE 2—GRANTS AND AGREEMENTS transactions, for purposes of Supplemental Nutrition Assistance nonprocurement debarment and Programs. Conversely, WIC retail ■ suspension, include participation as an 1. Add Chapter IV, consisting of part vendors and other nonbeneficiary 417, to Subchapter B to read as follows: authorized retailer in SNAP or as a retail entities in the domestic food assistance vendor in the Special Supplemental programs are not considered Chapter IV—Department of Agriculture Nutrition Program for Women, Infants, participants and are therefore subject to and Children (WIC), because exclusion permanent debarment under PART 417—NONPROCUREMENT under this part is superseded by other § 417.865(b). DEBARMENT AND SUSPENSION law, i.e., comprehensive statutory In light of the new 2 CFR part 417, Sec. disqualification provisions are in place USDA is removing 7 CFR part 3017, for these entities that would conflict 417.10 What does this part do? which is the current location for 417.20 Does this part apply to me? with the application of this part. USDA’s nonprocurement debarment 417.30 What policies and procedures must In addition, this rule codifies at 2 CFR and suspension regulations. I follow? 417.865(b) the Secretary’s recently enacted statutory authority to debar Executive Order 12866 ‘‘Regulatory Subpart A—General permanently a specific class of Planning and Review’’ 417.137 Who in the USDA may grant an participants involved in USDA OMB has determined this rule to be exception to let an excluded person programs. Section 14211(b)(2) of the ‘‘Nonsignificant.’’ participate in a covered transaction? Food, Conservation, and Energy Act of Subpart B—Covered Transactions 2008, Public Law 110–246 (7 U.S.C. Regulatory Flexibility Act of 1980 2209j), directs the Secretary to debar (5 U.S.C. 605(b)) 417.215 Which nonprocurement permanently from subsequent This regulatory action will not have a transactions, in addition to those listed in 2 CFR 180.215, are not covered participation in USDA programs an significant, adverse impact on a transactions? ‘‘individual, organization, corporation, substantial number of small entities. or other entity’’ convicted of a felony for 417.220 Are any procurement contracts included as covered transactions? ‘‘knowingly defrauding’’ the USDA Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104–4) 417.221 How would the exclusions from related to any of its programs. While a coverage for the USDA’s foreign conviction may be imposed by a State, This regulatory action does not assistance programs apply? local, or Federal jurist, the underlying contain a Federal mandate that will 417.222 How would the exclusions from crime must encompass a fraud result in the expenditure by State, local, coverage for the USDA’s export credit committed with knowledge by the and Tribal governments, in aggregate, or guarantee and direct credit programs defendant. Permanent debarment is also by the private sector of $100 million or apply? statutorily limited—extending only to a more in any one year. felon’s future participation in USDA Subpart C—Responsibilities of Participants Regarding Transactions programs. Paperwork Reduction Act of 1995 (44 Section 14211(b)(2) limits the effect of U.S.C., Chapter 35) 417.332 What methods must I use to pass permanent debarments imposed by the This regulatory action will not impose down requirements to participants in Secretary using this authority, stating any additional reporting or lower-tier covered transactions with whom I intend to do business? that they ‘‘shall not apply with respect recordkeeping requirements under the to participation in domestic food Paperwork Reduction Act. Subpart D—Responsibilities of USDA assistance programs (as defined by the Officials Regarding Transactions Federalism (Executive Order 13132) Secretary).’’ In view of the definitional 417.437 What method do I use to discretion afforded the Secretary, this This regulatory action does not have communicate to a participant the rule includes an inclusive rather than Federalism implications, as set forth in requirements described in the OMB exhaustive list of those domestic food Executive Order 13132. It will not have guidance at 2 CFR 180.435?

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29186 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Subpart E—[Reserved] § 417.30 What policies and procedures control services, public health and must I follow? Subpart F—[Reserved] safety inspection services, and animal The USDA policies and procedures and plant health and safety inspection Subpart G—Suspension that you must follow are the policies services. 417.755 When will I know whether the and procedures specified in this (5) If the person is a State or local USDA suspension is continued or regulation and each applicable section government, the provision of official terminated? of the OMB guidance in Subparts A grading and inspection services, animal Subpart H—Debarment through I of 2 CFR part 180, as that damage control services, animal and 417.800 What are the USDA causes for section is supplemented by the section plant health and safety inspection debarment? in this part with the same section services. 417.865 How long may my debarment last? number. The contracts that are covered (6) The receipt of licenses, permits, or 417.870 When do I know if the USDA transactions, for example, are specified certificates under regulatory programs debarring official debars me? by section 220 of the OMB guidance conducted in the interest of ensuring Subpart I—Definitions (i.e., 2 CFR 180.220) as supplemented fair trade practices. by section 220 in this part (i.e., (7) Permits, licenses, exchanges and 417.930 Debarring official (USDA § 417.220). For any section of OMB other acquisitions of real property, supplement to governmentwide guidance in Subparts A through I of 2 definition at 2 CFR 180.930). rights of way, and easements under CFR part 180 that has no corresponding 417.1010 Suspending official (USDA natural resource management programs. section in this part, USDA policies and supplement to governmentwide (8) Any transaction to be definition at 2 CFR 180.1010). procedures are those in the OMB guidance. implemented outside the United States Subpart J—[Reserved] that is below the primary tier covered Subpart A—General transaction in a USDA foreign assistance Authority: 5 U.S.C. 301; Pub. L. 101–576, program. 104 Stat. 2838; Sec. 2455, Pub. L. 103–355, § 417.137 Who in the USDA may grant an (9) Any transaction to be 108 Stat. 3327 (31 U.S.C. 6101 note); 7 U.S.C. exception to let an excluded person 2209j; E.O. 12549 (3 CFR, 1986 Comp., p. participate in a covered transaction? implemented outside the United States 189); E.O. 12698 (3 CFR, Comp., p. 235); 7 that is below the primary tier covered CFR 2.28. Within the USDA, a debarring official transaction in a USDA export credit may grant an exception to let an guarantee program or direct credit § 417.10 What does this part do? excluded person participate in a program. covered transaction as provided under 2 This part adopts the OMB guidance in CFR 180.135. (b) Limited requirement to check Subparts A through I of 2 CFR part 180, EPLS. Notwithstanding the fact that as supplemented by this part, as the Subpart B—Covered Transactions transactions to be implemented outside USDA policies and procedures for the United States that are below the nonprocurement debarment and § 417.210 Which nonprocurement primary tier covered transaction in a suspension. It thereby gives regulatory transactions are covered transactions? USDA foreign assistance program, effect for the USDA to the OMB All nonprocurement transactions, as export credit guarantee program or guidance, as supplemented by this part. defined in § 417.970, are covered direct credit program are not covered This part satisfies the requirements in transactions unless listed in § 417.215. transactions, pursuant to paragraphs section 3 of Executive Order 12549, (a)(8) and (9) of this section, primary tier ‘‘Debarment and Suspension’’ (3 CFR § 417.215 Which nonprocurement transactions, in addition to those listed in participants under these programs must 1986 Comp., p. 189), Executive Order 2 CFR 180.215, are not covered check the EPLS prior to entering into 12689, ‘‘Debarment and Suspension’’ (3 transactions? any transaction with a person at the first CFR 1989 Comp., p. 235) and 31 U.S.C. (a) Transactions not covered. In lower tier and shall not enter into such 6101 note (Section 2455, Pub. L. 103– addition to the nonprocurement a transaction if the person is excluded 355, 108 Stat. 3327). transactions listed in 2 CFR 180.215, the or disqualified under the EPLS. § 417.20 Does this part apply to me? following nonprocurement transactions (c) Exception. A cause for suspension are not covered transactions: or debarment under § 180.700 or Through this part, pertinent portions (1) An entitlement or mandatory 180.800 of this title (as supplemented by of the OMB guidance in Subparts A award required by a statute, including a § 417.800) may be based on the actions through I of 2 CFR part 180 (see table lower tier entitlement or mandatory of a person with respect to a at 2 CFR 180.100(b)) apply to you if you award that is required by a statute. procurement or nonprocurement are a: (2) The export or substitution of transaction under a USDA program even (a) Participant or principal in a Federal timber governed by the Forest if such transaction has been excluded ‘‘covered transaction’’ (see Subpart B of Resources Conservation and Shortage from covered transaction status by this 2 CFR part 180 and the definition of Relief Act of 1990, 16 U.S.C. 620 et seq. section or § 417.220. ‘‘nonprocurement transaction’’ at 2 CFR (The ‘‘Export Act’’), which prevents a § 417.220 Are any procurement contracts 180.970, as supplemented by §§ 417.215 debarred person from entering into any included as covered transactions? and 417.220 of this part); contract for the purchase of unprocessed timber from Federal lands. See 16 U.S.C. (a) Covered transactions under this (b) Respondent in a USDA debarment part: and suspension action; 620d(d)(1)(A). (3) The receipt of licenses, permits, (1) Do not include any procurement (c) USDA debarment or suspension certificates, and indemnification under contracts awarded directly by a Federal official; or regulatory programs conducted in the agency; but (d) USDA grants officer, agreements interest of public health and safety, and (2) Do include some procurement officer, or other official authorized to animal and plant health and safety. contracts awarded by non-Federal enter into any type of nonprocurement (4) The receipt of official grading and participants in nonprocurement covered transaction that is a covered transaction. inspection services, animal damage transactions (see appendix to this part).

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29187

(b) Specifically, a contract for goods be a subrecipient agreement between the transaction at the first lower tier under or services is a covered transaction if U.S. private voluntary organization and the export credit guarantee program any of the following applies: a foreign subrecipient of the might be a procurement contract (i.e., a (1) The contract is awarded by a commodities that were provided under contract for the purchase and sale of participant in a nonprocurement the food aid grant agreement. Pursuant goods) that is expected to equal or transaction that is covered under to § 417.215(a)(8), this nonprocurement exceed $25,000 entered into between § 417.210, and the amount of the transaction would not be a covered the U.S. exporter and the foreign contract is expected to equal or exceed transaction. In addition, a transaction at importer for the U.S. commodities, the $25,000. the first lower tier might be a payment for which is covered by the (2) The contract requires the consent procurement contract entered into guarantee. Pursuant to § 417.220(d), this of a USDA official. In that case, the between the U.S. private voluntary procurement contract would not be a contract, regardless of the amount, organization and a foreign entity to covered transaction. However, pursuant always is a covered transaction, and it provide supplies or services that are to §§ 417.215(b) and 417.220(e), the U.S. does not matter who awarded it. For expected to equal or exceed $25,000 in exporter or U.S. financial institution example, it could be a subcontract value and that are needed by such would be prohibited from entering into, awarded by a contractor at a tier below organization to implement activities a nonprocurement transaction, as shown under the food aid grant agreement. at the first lower tier, an agreement with in the appendix to this part. Pursuant to § 417.220(c), this an importer (or intervening purchaser) (3) The contract is for federally- procurement contract would not be a or foreign bank or a procurement required audit services. covered transaction. However, pursuant contract that is expected to equal or (c) Any procurement contract to be to §§ 417.215(b) and 417.220(e), the U.S. exceed $25,000 with an entity that implemented outside the United States private voluntary organization would be appears on the EPLS as excluded or that is below the primary tier covered prohibited from entering into, at the first disqualified. transaction in a USDA foreign assistance lower tier, an agreement with a (b) Direct credit program. In the case program is not a covered transaction, subrecipient or a procurement contract of the direct credit program, the primary notwithstanding the provisions in that is expected to equal or exceed tier covered transaction would be the paragraphs (a) and (b) of this section. $25,000 with an entity that appears on financing agreement between the USDA (d) Any procurement contract to be the EPLS as excluded or disqualified. and the U.S. exporter. USDA purchases implemented outside the United States § 417.222 How would the exclusions from the exporter’s account receivable in a that is below the primary tier covered particular transaction pursuant to the transaction in a USDA export credit coverage for USDA’s export credit guarantee and direct credit programs financing agreement. On occasion, such guarantee program or direct credit apply? transaction may contemplate a payment program is not a covered transaction, (a) Export credit guarantee program. obligation of a U.S. or foreign bank to notwithstanding the provisions in In the case of the export credit guarantee make the required payments. USDA paragraphs (a) and (b) of this section. (e) Notwithstanding the fact that program, the primary tier covered would have to check the EPLS before procurement contracts to be transaction would be the guarantee entering into a financing agreement or implemented outside the United States issued by the USDA to a U.S. exporter. accepting such a payor to ensure that that are below the primary tier covered The U.S. exporter usually assigns the the U.S. exporter or the bank, if any, transaction in a USDA foreign assistance guarantee to a U.S. financial institution, that would be the primary tier program, export credit guarantee and this would create another primary participant is not excluded or program or direct credit program are not tier covered transaction between USDA disqualified. A transaction at the first covered transactions, pursuant to and the U.S. financial institution. USDA lower tier might be a payment obligation paragraphs (c) and (d) of this section, would have to check the EPLS before of the importer to pay the exporter for primary tier participants under these issuing a guarantee or accepting a the exported U.S. commodities that are programs must check the EPLS prior to guarantee assignment to ensure that the covered by the financing agreement. entering into any procurement contract U.S. exporter or financial institution Pursuant to § 417.215(a)(9), this that is expected to equal or exceed that would be the primary tier nonprocurement transaction would not participant is not excluded or $25,000 with a person at the first lower be a covered transaction. In addition, a disqualified. A transaction at the first tier and shall not enter into such a transaction at the first lower tier might lower tier under the export credit procurement contract if the person is be a procurement contract that is guarantee program might be a payment excluded or disqualified under the expected to equal or exceed $25,000 EPLS. obligation of a foreign bank to the U.S. exporter to pay on behalf of the importer entered into between the U.S. exporter § 417.221 How would the exclusions from for the exported U.S. commodities that and the foreign importer for the U.S. coverage for the USDA’s foreign assistance are covered by the guarantee. Similarly, commodities, the payment for which is programs apply? a transaction at the first lower tier might covered by the financing agreement. The primary tier covered transaction be a payment obligation of a foreign Pursuant to § 417.220(d), this would be the food aid grant agreement bank under an instrument, such as a procurement contract would not be a entered into between USDA and a loan agreement or letter of credit, to the covered transaction. However, pursuant program participant, such as a U.S. U.S. financial institution assigned the to §§ 417.215(b) and 417.220(e), the U.S. private voluntary organization. USDA guarantee, which has paid the exporter exporter would be prohibited from would have to check the EPLS before for the exported U.S. commodities and, entering into, at the first lower tier, an entering into the food aid grant in so doing, issued a loan to the foreign agreement with an importer (or agreement to ensure that the U.S. bank, which the foreign bank is intervening purchaser) or bank, or a private voluntary organization that obligated to repay on deferred payment procurement contract that is expected to would be the primary tier participant is terms. Pursuant to § 417.215(a)(9), these equal or exceed $25,000 with an entity not excluded or disqualified. A nonprocurement transactions would not that appears on the EPLS as excluded or transaction at the first lower tier might be covered transactions. In addition, a disqualified.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29188 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Subpart C—Responsibilities of (2) Violation of Federal or State cause(s) upon which your debarment is Participants Regarding Transactions antitrust statutes, including those based. Generally, debarment should not proscribing price fixing between exceed 3 years. However, if § 417.332 What methods must I use to competitors, allocation of customers circumstances warrant, the debarring pass down requirements to participants in between competitors, and bid rigging; official may impose a longer period of lower tier covered transactions with whom I intend to do business? (3) Commission of embezzlement, debarment. theft, forgery, bribery, falsification or (b) In determining the period of You as a participant must include a destruction of records, making false debarment, the debarring official may term or condition in lower tier covered statements, tax evasion, receiving stolen consider the factors in 2 CFR 180.860. transactions requiring lower tier property, making false claims, or If a suspension has preceded your participants to comply with Subpart C obstruction of justice; or debarment, the debarring official must of the OMB guidance in 2 CFR part 180, (4) Commission of any other offense consider the time you were suspended. as supplemented by Subpart C of this indicating a lack of business integrity or (c) If the debarment is for a violation part. business honesty that seriously and of the provisions of the Drug-Free directly affects your present Subpart D—Responsibilities of Workplace Act of 1988, your period of responsibility; Department of Agriculture Officials debarment may not exceed 5 years. (b) Violation of the terms of a public Regarding Transactions (d) The Secretary shall permanently agreement or transaction so serious as to debar from participation in USDA § 417.437 What method do I use to affect the integrity of an agency programs any individual, organization, communicate to a participant the program, such as— corporation, or other entity convicted of requirements described in the OMB (1) A willful failure to perform in a felony for knowingly defrauding the guidance at 2 CFR 180.435? accordance with the terms of one or United States in connection with any To communicate to a participant the more public agreements or transactions; program administered by USDA. requirements described in 2 CFR (2) A history of failure to perform or (1) Reduction. If the Secretary 180.435, you must include a term or of unsatisfactory performance of one or considers it appropriate s/he may condition in the transaction that more public agreements or transactions; reduce a debarment under this requires the participant’s compliance or subsection to a period of not less than with Subpart C of 2 CFR part 180, as (3) A willful violation of a statutory or 10 years. supplemented by Subpart C of this part, regulatory provision or requirement (2) Exemption. A debarment under and requires the participant to include applicable to a public agreement or this subsection shall not apply with a similar term or condition in lower tier transaction; regard to participation in USDA covered transactions. (c) Any of the following causes: domestic food assistance programs. For (1) A nonprocurement debarment by purposes of this paragraph, Subpart E—[Reserved] any Federal agency taken before March participation in a domestic food 1, 1989, or a procurement debarment by assistance program does not include Subpart F—[Reserved] any Federal agency taken pursuant to 48 acting as an authorized retail food store CFR part 9, subpart 9.4, before August in the Supplemental Nutrition Subpart G—Suspension 25, 1995; Assistance Program (SNAP), the Special (2) Knowingly doing business with an Supplemental Nutrition Assistance § 417.755 When will I know whether the ineligible person, except as permitted USDA suspension is continued or Program for Women, Infants, and under § 180.135; Children (WIC), or as a nonbeneficiary terminated? (3) Failure to pay a single substantial entity in any of the domestic food The suspending official must make a debt, or a number of outstanding debts assistance programs. The programs written decision whether to continue, (including disallowed costs and include: modify, or terminate your suspension overpayments, but not including sums (i) Special Nutrition Assistance within 45 days of closing the official owed the Federal Government under the Program, 7 U.S.C. 2011, et seq.; record. The official record closes upon Internal Revenue Code) owed to any (ii) Food Distribution Program on the suspending official’s receipt of final Federal agency or instrumentality, Indian Reservations, 7 U.S.C. 2013(b); submissions, information and findings provided the debt is uncontested by the (iii) National School Lunch Program, of fact, if any. The suspending official debtor or, if contested, provided that the 42 U.S.C. 1751, et seq.; may extend that period for good cause. debtor’s legal and administrative (iv) Summer Food Service Program for However, the record will remain open remedies have been exhausted; Children, 42 U.S.C. 1761; Child and for the full 30 days, as called for in (4) Violation of a material provision of Adult Care Food Program, 42 U.S.C. § 180.725, even when you make a a voluntary exclusion agreement entered 1766; submission before the 30 days expire. into under § 180.640 or of any settlement of a debarment or suspension (v) Special Milk Program for Children, Subpart H—Debarment action; or 42 U.S.C. 1772; School Breakfast (5) Violation of the provisions of the Program, 42 U.S.C. 1773; § 417.800 What are the USDA causes for (vi) Special Supplemental Nutrition debarment? Drug-Free Workplace Act of 1988 (41 U.S.C. 701); or Program for Women, Infants, and A Federal agency may debar a person (d) Any other cause of so serious or Children, 42 U.S.C. 1786; for— compelling a nature that it affects your (vii) Commodity Supplemental Food (a) Conviction of or civil judgment present responsibility. Program, 42 U.S.C. 612c note; for— (viii) WIC Farmers Market Nutrition (1) Commission of fraud or a criminal § 417.865 How long may my debarment Program, 42 U.S.C. 1786; offense in connection with obtaining, last? (ix) Senior Farmers’ Market Nutrition attempting to obtain, or performing a (a) If the debarring official decides to Program, 7 U.S.C. 3007; and public or private agreement or debar you, your period of debarment (x) Emergency Food Assistance transaction; will be based on the seriousness of the Program, 7 U.S.C. 7501, et. seq.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29189

§ 417.870 When do I know if the USDA § 417.1010 Suspending official (USDA Minnesota, New York, Pennsylvania, debarring official debars me? supplement to governmentwide definition at West Virginia, and Wisconsin. This 2 CFR 180.1010). (a) The debarring official must make interim rule is necessary to prevent the (a) Suspending official means an a written decision whether to debar artificial spread of the emerald ash borer agency official who is authorized to within 45 days of closing the official to noninfested areas of the United impose suspension. The suspending record. The official record closes upon States. official is either: the debarring official’s receipt of final DATES: This interim rule is effective May (1) The agency head; or submissions, information and findings 25, 2010. We will consider all (2) An official designated by the of fact, if any. The debarring official comments that we receive on or before agency head. may extend that period for good cause. (b) The head of an organizational unit July 26, 2010. However, the record will remain open within USDA (e.g., Administrator, Food ADDRESSES: You may submit comments for the full 30 days, as called for in by either of the following methods: and Nutrition Service), who has been ∑ § 180.820, even when you make a delegated authority in 7 CFR part 2 of Federal eRulemaking Portal: Go to submission before the 30 days expire. this title to carry out a covered (http://www.regulations.gov/ (b) The debarring official sends you transaction, is delegated authority to act fdmspublic/component/ written notice, pursuant to § 180.615, as the suspending official in connection main?main=DocketDetail&d=APHIS- that the official decided, either: with such transaction. This authority to 2009-0098) to submit or view comments and to view supporting and related (1) Not to debar you; or act as a suspending official may not be redelegated below the head of the materials available electronically. (2) To debar you. In this event, the ∑ organizational unit, except that, in the Postal Mail/Commercial Delivery: notice: case of the Forest Service, the Chief may Please send one copy of your comment (i) Refers to the Notice of Proposed redelegate the authority to act as a to Docket No. APHIS-2009-0098, Debarment; suspending official to the Deputy Chief Regulatory Analysis and Development, for the National Forest System or an PPD, APHIS, Station 3A-03.8, 4700 (ii) Specifies the reasons for your River Road Unit 118, Riverdale, MD debarment; Associate Deputy Chief for the National Forest System. 20737-1238. Please state that your (iii) States the period of your comment refers to Docket No. APHIS- debarment, including the effective Subpart J—[Reserved] 2009-0098. dates; and Reading Room: You may read any (iv) Advises you that your debarment TITLE 7—AGRICULTURE comments that we receive on this is effective for covered transactions and docket in our reading room. The reading ■ 2. Remove 7 CFR part 3017. contracts that are subject to the Federal room is located in room 1141 of the Acquisition Regulation (48 CFR chapter Dated: March 24, 2010. USDA South Building, 14th Street and 1), throughout the Executive Branch of Issued at Washington, DC. Independence Avenue SW., the Federal Government unless an Thomas J. Vilsack, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday agency head or an authorized designee Secretary. grants an exception. through Friday, except holidays. To be [FR Doc. 2010–11864 Filed 5–24–10; 8:45 am] sure someone is there to help you, Subpart I—Definitions BILLING CODE 3410–90–P please call (202) 690-2817 before coming. § 417.930 Debarring official (USDA Other Information: Additional DEPARTMENT OF AGRICULTURE supplement to governmentwide definition at information about APHIS and its 2 CFR 180.930). Animal and Plant Health Inspection programs is available on the Internet at (a) Debarring official means an agency Service (http://www.aphis.usda.gov). official who is authorized to impose FOR FURTHER INFORMATION CONTACT: Mr. debarment. The debarring official is 7 CFR Part 301 Paul Chaloux, Emergency and Domestic either: Programs, PPQ, APHIS, 4700 River Road [Docket No. APHIS-2009-0098] (1) The agency head; or Unit 134, Riverdale, MD 20737-1231; (301) 734-0917. (2) An official designated by the Emerald Ash Borer; Addition of SUPPLEMENTARY INFORMATION: agency head. Quarantined Areas in Kentucky, Michigan, Minnesota, New York, (b) The head of an organizational unit Background Pennsylvania, West Virginia, and within USDA (e.g., Administrator, Food The emerald ash borer (EAB) (Agrilus Wisconsin and Nutrition Service), who has been planipennis) is a destructive wood- delegated authority in 7 CFR part 2 to AGENCY: Animal and Plant Health boring insect that attacks ash trees carry out a covered transaction, is Inspection Service, USDA. (Fraxinus spp., including green ash, delegated authority to act as the ACTION: Interim rule and request for white ash, black ash, and several debarring official in connection with comments. horticultural varieties of ash). The such transaction. This authority to act as insect, which is indigenous to Asia and a debarring official may not be SUMMARY: We are amending the emerald known to occur in China, Korea, Japan, redelegated below the head of the ash borer regulations by adding portions Mongolia, the Russian Far East, Taiwan, organizational unit, except that, in the of Kentucky, Michigan, Minnesota, New and Canada, eventually kills healthy ash case of the Forest Service, the Chief may York, Pennsylvania, Wisconsin, and the trees after it bores beneath their bark redelegate the authority to act as a entire State of West Virginia to the list and disrupts their vascular tissues. debarring official to the Deputy Chief for of quarantined areas. This action will Although EAB adults have been the National Forest System or an restrict the interstate movement of known to fly as much as one-half mile Associate Deputy Chief for the National regulated articles from areas in the from one tree to the next, the pest can Forest System. States of Kentucky, Michigan, also spread when infested nursery trees,

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29190 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

logs, or firewood are transported from area will be adequate to prevent the We have prepared an economic one region to the next. Ash trees are artificial spread of EAB. analysis for this interim rule. The valuable to the commercial timber In accordance with these criteria and analysis, which considers the number industry and are commonly planted in the recent EAB findings described and types of entities that are likely to be urban areas. above, we are amending § 301.53-3(c) to affected by this action and the potential economic effects on those entities, Quarantined Areas add Boone, Bourbon, Campbell, Carroll, Fayette, Franklin, Gallatin, Grant, provides the basis for the The EAB regulations in 7 CFR 301.53- Greenup, Harrison, Henry, Jefferson, Administrator’s determination that the 1 through 301.53-9 (referred to below as Jessamine, Kenton, Oldham, Owen, rule will not have a significant the regulations) restrict the interstate Pendleton, Scott, Shelby, Trimble, and economic impact on a substantial movement of regulated articles from Woodford Counties in Kentucky; Alger, number of small entities. The economic quarantined areas to prevent the Chippewa, and Luce Counties in analysis may be viewed on the artificial spread of EAB to noninfested Michigan; Hennepin and Ramsey Regulations.gov Web site (see areas of the United States. Portions of Counties in Minnesota; Cattaraugus and ADDRESSES above for instructions for Illinois, Indiana, Minnesota, Michigan, Chautauqua Counties in New York; accessing Regulations.gov). Copies of Ohio, Pennsylvania, West Virginia, and Armstrong, Indiana, Juniata, the economic analysis are also available Wisconsin have already been designated Washington, and Westmoreland from the person listed under FOR as quarantined areas. Counties in Pennsylvania; the entire FURTHER INFORMATION CONTACT. Surveys conducted by inspectors of State of West Virginia; and Brown, State, county, and city agencies and by Executive Order 12372 Kenosha, Milwaukee, Racine, and inspectors of the Animal and Plant Waukesha Counties in Wisconsin to the This program/activity is listed in the Health Inspection Service (APHIS) have list of quarantined areas. Catalog of Federal Domestic Assistance resulted in the detection of infestations under No. 10.025 and is subject to of EAB in the States of Kentucky, Emergency Action Executive Order 12372, which requires Michigan, Minnesota, New York, This rulemaking is necessary on an intergovernmental consultation with Pennsylvania, West Virginia, and emergency basis to help prevent the State and local officials. (See 7 CFR part Wisconsin. Officials in each of those 3015, subpart V.) States (except West Virginia, which has spread of EAB to noninfested areas of opted to adopt a statewide quarantine) the United States. Under these Executive Order 12988 circumstances, the Administrator has have quarantined the infested areas and, This rule has been reviewed under determined that prior notice and in some cases, neighboring areas to Executive Order 12988, Civil Justice opportunity for public comment are prevent the spread of EAB to Reform. This rule: (1) Preempts all State contrary to the public interest and that noninfested areas. By establishing these and local laws and regulations that are there is good cause under 5 U.S.C. 553 quarantined areas, the States of in conflict with this rule; (2) has no for making this rule effective less than Kentucky, Michigan, Minnesota, New retroactive effect; and (3) does not 30 days after publication in the Federal York, Pennsylvania, West Virginia, and require administrative proceedings Register. Wisconsin have restricted the intrastate before parties may file suit in court movement of regulated articles from the We will consider comments we challenging this rule. quarantined areas. However, Federal receive during the comment period for regulations are necessary to restrict the this interim rule (see DATES above). Paperwork Reduction Act interstate movement of regulated After the comment period closes, we This interim rule contains no new articles from the quarantined areas will publish another document in the information collection or recordkeeping within those six States and from the Federal Register. The document will requirements under the Paperwork entire State of West Virginia to prevent include a discussion of any comments Reduction Act of 1995 (44 U.S.C. 3501 the spread of EAB to other States. we receive and any amendments we are et seq.). The regulations in § 301.53-3(a) making to the rule. List of Subjects in 7 CFR Part 301 provide that the Administrator of APHIS Executive Order 12866 and Regulatory Agricultural commodities, Plant will list as a quarantined area each Flexibility Act State, or each portion of a State, where diseases and pests, Quarantine, EAB has been found by an inspector, This interim rule is subject to Reporting and recordkeeping where the Administrator has reason to Executive Order 12866. However, for requirements, Transportation. believe that EAB is present, or where this action, the Office of Management ■ Accordingly, we are amending 7 CFR the Administrator considers regulation and Budget has waived its review under part 301 as follows: necessary because of its inseparability Executive Order 12866. for quarantine enforcement purposes We are amending the EAB regulations PART 301—DOMESTIC QUARANTINE from localities where EAB has been by adding areas in Kentucky, Michigan, NOTICES found. Minnesota, New York, Pennsylvania, ■ 1. The authority citation for part 301 Less than an entire State will be and Wisconsin and the entire State of continues to read as follows: designated as a quarantined area only West Virginia to the list of areas under certain conditions. Such a quarantined because of EAB. As a result Authority: 7 U.S.C. 7701-7772 and 7781- designation may be made if the of this action, the interstate movement 7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Administrator determines that: (1) The of regulated articles from those areas is Title II, Public Law 106-113, 113 Stat. 1501A- State has adopted and is enforcing restricted. This action is necessary to 293; sections 301.75-15 and 301.75-16 issued restrictions on the intrastate movement prevent the artificial spread of the EAB under Sec. 203, Title II, Public Law 106-224, of regulated articles that are equivalent from infested areas in the States of 114 Stat. 400 (7 U.S.C. 1421 note). to those imposed by the regulations on Kentucky, Michigan, Minnesota, New ■ 2. In § 301.53-3, paragraph (c) is the interstate movement of regulated York, Pennsylvania, West Virginia, and amended as follows: articles; and (2) the designation of less Wisconsin into noninfested areas of the ■ a. Under the heading Michigan, under than an entire State as a quarantined United States. Upper Peninsula, by revising the entry

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29191

for Chippewa County and by adding, in Minnesota the regulations. This action will allow alphabetical order, entries for Alger Hennepin County. The entire county. for the interstate movement of these County and Luce County to read as set newly developed varieties without forth below. * * * * * unnecessary restrictions. Ramsey County. The entire county. ■ b. Under the heading Minnesota, by DATES: This rule will be effective on July adding, in alphabetical order, entries for * * * * * 26, 2010, unless we receive written Hennepin County and Ramsey County New York adverse comments or written notice of to read as set forth below. intent to submit adverse comments on ■ c. Under the heading Pennsylvania, by Cattaraugus County. The entire county. or before June 24, 2010. If we receive adding, in alphabetical order, entries for written adverse comments or written Armstrong County, Indiana County, Chautauqua County. The entire notice of intent to submit adverse Juniata County, Washington County, county. comments, we will publish a document and Westmoreland County to read as set in the Federal Register withdrawing forth below. * * * * * this rule before the effective date. ■ d. Under the heading West Virginia, Pennsylvania ADDRESSES: You may submit comments by removing the entry for Fayette or written notice of intent to submit County and adding the words ‘‘The * * * * * Armstrong County. The entire county. adverse comments by either of the entire State.’’ in its place. following methods: * * * * * ■ e. Under the heading Wisconsin, by ∑ Federal eRulemaking Portal: Go to Indiana County. The entire county. adding, in alphabetical order, entries for (http://www.regulations.gov/ Juniata County. The entire county. Brown County, Kenosha County, fdmspublic/component/ Milwaukee County, Racine County, and * * * * * main?main=DocketDetail&d=APHIS- Waukesha County to read as set forth Washington County. The entire 2010-0035) to submit or view comments below. county. and to view supporting and related ■ f. By adding, in alphabetical order, materials available electronically. new entries for Kentucky and New York Westmoreland County. The entire ∑ Postal Mail/Commercial Delivery: to read as set forth below. county. Please send one copy of your comment * * * * * § 301.53-3 Quarantined areas. to Docket No. APHIS-2010-0035, Wisconsin Regulatory Analysis and Development, * * * * * PPD, APHIS, Station 3A-03.8, 4700 (c) * * * Brown County. The entire county. River Road Unit 118, Riverdale, MD Kentucky * * * * * 20737-1238. Please state that your Kenosha County. The entire county. comment refers to Docket No. APHIS- Boone County. The entire county. Milwaukee County. The entire county. 2010-0035. Bourbon County. The entire county. * * * * * Reading Room: You may read any Campbell County. The entire county. Racine County. The entire county. comments that we receive on this Carroll County. The entire county. * * * * * docket in our reading room. The reading Fayette County. The entire county. room is located in room 1141 of the Franklin County. The entire county. Waukesha County. The entire county. Done in Washington, DC, this 19th day USDA South Building, 14th Street and Gallatin County. The entire county. of May 2010. Independence Avenue SW., Grant County. The entire county. Washington, DC. Normal reading room Greenup County. The entire county. Kevin Shea, hours are 8 a.m. to 4:30 p.m., Monday Harrison County. The entire county. Acting Administrator, Animal and Plant through Friday, except holidays. To be Henry County. The entire county. Health Inspection Service. sure someone is there to help you, Jefferson County. The entire county. [FR Doc. 2010–12533 Filed 5–24–10; 8:45 am] please call (202) 690-2817 before Jessamine County. The entire county. BILLING CODE 3410–34–S coming. Kenton County. The entire county. Other Information: Additional Oldham County. The entire county. information about APHIS and its Owen County. The entire county. DEPARTMENT OF AGRICULTURE programs is available on the Internet at Pendleton County. The entire county. (http://www.aphis.usda.gov). Scott County. The entire county. Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: Mr. Shelby County. The entire county. Service Prakash K. Hebbar, National Program Trimble County. The entire county. Manager, Black Stem/Barberry Rust Woodford County. The entire county. 7 CFR Part 301 Program, PPQ, APHIS, 4700 River Road * * * * * [Docket No. APHIS-2010-0035] Unit 26, Riverdale, MD 20737-1231; (301) 734-5717. Michigan Black Stem Rust; Additions of Rust- SUPPLEMENTARY INFORMATION: Upper Peninsula: Resistant Varieties Alger County. The entire county. Background AGENCY: Animal and Plant Health Chippewa County. The entire county. Black stem rust is one of the most [Note: This quarantined area includes Inspection Service, USDA. ACTION: Direct final rule. destructive plant diseases of small tribal land of the Bay Mills Indian grains that is known to exist in the Community. Movement of regulated SUMMARY: We are amending the black United States. The disease is caused by articles on those lands is subject to stem rust quarantine and regulations by a fungus that reduces the quality and tribal jurisdiction.] adding 21 varieties to the list of rust- yield of infected wheat, oat, barley, and * * * * * resistant Berberis species or cultivars rye crops. In addition to infecting small Luce County. The entire county. and 2 varieties to the list of rust- grains, the fungus lives on a variety of * * * * * resistant Mahonia species or cultivars in alternate host plants that are species of

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29192 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

the genera Berberis, Mahoberberis, and USDA can make a determination as to Act, for certification by the APHIS Mahonia. The fungus is spread from whether the test plants are rust- Administrator that the rule will not host to host by windborne spores. resistant. The test may be conducted on have a significant economic impact on The black stem rust quarantine and 12 individual plants, or it may be a substantial number of small entities. regulations, which are contained in 7 performed multiple times on fewer This direct final rule will amend 7 CFR 301.38 through 301.38-8 (referred plants (e.g., six plants tested twice or CFR 301.38-2 by adding 21 varieties to to below as the regulations), quarantine three plants tested four times). The tests the list of rust-resistant Berberis species the conterminous 48 States and the must be performed on new growth, just or cultivars and by adding 2 varieties to District of Columbia and govern the as the leaves are unfolding. Therefore, the list of rust-resistant Mahonia species interstate movement of certain plants of the tests are usually conducted in the or cultivars. The nursery and the genera Berberis, Mahoberberis, and spring or fall, during the growing floriculture industries that may be Mahonia, known as barberry plants. The season. All 12 tests generally cannot be affected by this rule are largely species of these plants are categorized as conducted on the same day because of composed of small entities. We expect either rust-resistant or rust-susceptible. the plants’ different growth stages. these entities to benefit from the rule, by Rust-resistant plants do not pose a risk Based on over 30 years of experience being able to market interstate barberry of spreading black stem rust or of with this test, we believe that 12 is the species and cultivars that have been contributing to the development of new reliable test sample size on which determined to be rust-resistant. races of the rust; rust-susceptible plants USDA can make its determination. We The introduction and spread of plant do pose such risks. Section 301.38-2 of do not know of any plant that was pests can result in damage to crops and the regulations includes a listing of subsequently discovered to be rust- losses to the U.S. agricultural sector. For regulated articles and indicates those susceptible after undergoing the test the purpose of this analysis and species and varieties of the genera procedure 12 times and being following the Small Business Berberis, Mahoberberis, and Mahonia determined by USDA to be rust- Administration (SBA) guidelines, we that are known to be rust-resistant. resistant. note that a major segment of entities Although rust-resistant species are potentially affected by this rule are included as regulated articles, they may Dates classified within the following be moved into or through protected We are publishing this rule without a industries: Nursery and Tree Production areas if accompanied by a certificate. In prior proposal because we view this (NAICS 111421), and Floriculture accordance with the procedures action as noncontroversial and Production (NAICS 111422). According described below under ‘‘Dates,’’ this anticipate no adverse public comment. to the Census of Agriculture, these two direct final rule will add B. media ‘Dual This rule will be effective, as published categories included 52,845 farms in Jewel’ and the B. thunbergii cultivars in this document, on July 26, 2010, 2007, and represented 3 percent of all ‘Ada’, ‘Amera’, ‘Arlene’, ‘Benita’, ‘Breval unless we receive written adverse farms in the United States. These 8’, ‘Celeste’, ‘Chloe’, ‘Edda’, ‘Fay’, ‘Gail’, comments or written notice of intent to entities are considered small by SBA ‘Golden Torch’, ‘Helen’, ‘Joyce’, ‘Kasia’, submit adverse comments on or before standards if their annual sales are ‘Koren’, ‘Lotty’, ‘Martha’, ‘Mimi’, June 24, 2010. $750,000 or less. Over 93 percent of the ‘Phoebe’, and ‘Ruth’ to the list of rust- Adverse comments are comments that farms in these industries had annual resistant Berberis species in § 301.38- suggest the rule should not be adopted sales of less than $500,000. Barberry 2(a)(1). Similarly, this rule will add the or that suggest the rule should be plants are not one of the crops tracked Mahonia cultivars ‘Bokasio’ Sioux and changed. by the Census and therefore data on ‘Bokrafoot’ Blackfoot to the list of rust- If we receive written adverse production and number of producers are resistant Mahonia species in § 301.38- comments or written notice of intent to not available. Nurseries producing 2(a)(2)(ii). submit adverse comments, we will barberry plant species and cultivars will The addition of those species is based publish a document in the Federal not be negatively affected. In fact, they on recent testing to determine rust Register withdrawing this rule before will benefit from being able to market resistance conducted by the Agricultural the effective date. We will then publish the 23 varieties interstate. In addition, Research Service of the United States a proposed rule for public comment. the rule does not require any additional Department of Agriculture (USDA) at its As discussed above, if we receive no reporting, recordingkeeping, or other Cereal Rust Laboratory in St. Paul, MN. written adverse comments or written compliance measures beyond what is The testing is performed in the notice of intent to submit adverse already in place. following manner: In a greenhouse, the comments within 30 days of publication Under these circumstances, the suspect plant or test subject is placed of this direct final rule, this direct final Administrator of the Animal and Plant under a screen with a control plant—a rule will become effective 60 days Health Inspection Service has known rust-susceptible species of following its publication. We will determined that this action will not Berberis, Mahoberberis, or Mahonia. publish a document in the Federal have a significant economic impact on Infected wheat stems, a primary host of Register, before the effective date of this a substantial number of small entities. black stem rust, are placed on top of the direct final rule, confirming that it is screen. The plants are moistened and effective on the date indicated in this Executive Order 12372 maintained in 100 percent humidity. document. This program/activity is listed in the This causes the spores to swell and fall Catalog of Federal Domestic Assistance on the plants lying under the screen. Executive Order 12866 and Regulatory under No. 10.025 and is subject to The plants are then observed for 7 days Flexibility Act Executive Order 12372, which requires at 20-80 percent relative humidity. If the This rule is subject to Executive Order intergovernmental consultation with rust-susceptible plant shows signs of 12866. However, for this action, the State and local officials. (See 7 CFR part infection after 7 days and the test plants Office of Management and Budget has 3015, subpart V.) do not, the test results indicate that the waived its review under Executive test plants are rust-resistant. This test Order 12866. Executive Order 12988 must be performed 12 times, and all 12 This analysis provides the basis, as This rule has been reviewed under tests must yield the same result before required by the Regulatory Flexibility Executive Order 12988, Civil Justice

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29193

Reform. This rule: (1) Preempts all State B. thunbergii ‘Gail’ DATES: This rule is effective May 25, and local laws and regulations that are * * * * * 2010 and is applicable beginning May inconsistent with this rule; (2) has no B. thunbergii ‘Golden Torch’ 17, 2010. retroactive effect; and (3) does not * * * * * FOR FURTHER INFORMATION CONTACT: require administrative proceedings B. thunbergii ‘Helen’ Lieutenant Commander Ted Cook, before parties may file suit in court JAGC, U.S. Navy, Admiralty Attorney challenging this rule. * * * * * B. thunbergii ‘Joyce’ (Admiralty and Maritime Law), Office of Paperwork Reduction Act B. thunbergii ‘Kasia’ the Judge Advocate General, Department of the Navy, 1322 Patterson Ave., SE., This rule contains no information * * * * * Suite 3000, Washington Navy Yard, DC collection or recordkeeping B. thunbergii ‘Koren’ 20374–5066, telephone number: 202– requirements under the Paperwork * * * * * 685–5040. Reduction Act of 1995 (44 U.S.C. 3501 et B. thunbergii ‘Lotty’ seq.). SUPPLEMENTARY INFORMATION: Pursuant * * * * * to the authority granted in 33 U.S.C. List of Subjects in 7 CFR Part 301 B. thunbergii ‘Martha’ 1605, the Department of the Navy Agricultural commodities, Plant * * * * * amends 32 CFR part 706. diseases and pests, Quarantine, B. thunbergii ‘Mimi’ This amendment provides notice that Reporting and recordkeeping * * * * * the Deputy Assistant Judge Advocate requirements, Transportation. B. thunbergii ‘Phoebe’ General (Admiralty and Maritime Law), ■ Accordingly, 7 CFR part 301 is * * * * * under authority delegated by the amended as follows: B. thunbergii ‘Ruth’ Secretary of the Navy, has certified that * * * * * USS GRAVELY (DDG 107) is a vessel of PART 301—DOMESTIC QUARANTINE (2) * * * the Navy which, due to its special NOTICES (ii) * * * construction and purpose, cannot fully comply with the following specific ■ 1. The authority citation for part 301 * * * * * provisions of 72 COLREGS without continues to read as follows: M. ‘Bokasio’ Sioux interfering with its special function as a M. ‘Bokrafoot’ Blackfoot Authority: 7 U.S.C. 7701-7772 and 7781- naval ship: Annex I, paragraph 2(f)(i), 7786; 7 CFR 2.22, 2.80, and 371.3. * * * * * pertaining to the placement of the Section 301.75-15 issued under Sec. 204, Done in Washington, DC, this 19th day masthead light or lights above and clear Title II, Public Law 106-113, 113 Stat. 1501A- of May 2010. 293; sections 301.75-15 and 301.75-16 issued of all other lights and obstructions; under Sec. 203, Title II, Public Law 106-224, Kevin Shea, Annex I, paragraph 2(f)(ii), pertaining to 114 Stat. 400 (7 U.S.C. 1421 note). Acting Administrator, Animal and Plant the vertical placement of task lights; ■ 2. Section 301.38-2 is amended as Health Inspection Service. Annex I, paragraph 3(a), pertaining to follows: [FR Doc. 2010–12529 Filed 5–24–10; 8:45 am] the location of the forward masthead light in the forward quarter of the ship, ■ a. In paragraph (a)(1), by adding, in BILLING CODE 3410–34–S alphabetical order, 21 rust-resistant and the horizontal distance between the Berberis species to read as set forth forward and after masthead lights; and below. Annex I, paragraph 3(c), pertaining to ■ b. In paragraph (a)(2)(ii), by adding, in DEPARTMENT OF DEFENSE placement of task lights not less than alphabetical order, 2 rust-resistant two meters from the fore and aft Mahonia species to read as set forth Department of the Navy centerline of the ship in the athwartship below. direction. The Deputy Assistant Judge 32 CFR Part 706 Advocate General (Admiralty and § 301-38-2 Regulated articles. Maritime Law) has also certified that the (a) * * * Certifications and Exemptions Under lights involved are located in closest (1) * * * the International Regulations for possible compliance with the applicable * * * * * Preventing Collisions at Sea, 1972 72 COLREGS requirements. B. media ‘Dual Jewel’ AGENCY: Department of the Navy, DoD. Moreover, it has been determined, in accordance with 32 CFR parts 296 and * * * * * ACTION: Final rule. B. thunbergii ‘Ada’ 701, that publication of this amendment * * * * * SUMMARY: The Department of the Navy for public comment prior to adoption is B. thunbergii ‘Amera’ is amending its certifications and impracticable, unnecessary, and contrary to public interest since it is * * * * * exemptions under the International based on technical findings that the B. thunbergii ‘Arlene’ Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that placement of lights on this vessel in a * * * * * manner differently from that prescribed B. thunbergii ‘Benita’ the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) herein will adversely affect the vessel’s * * * * * has determined that USS GRAVELY ability to perform its military functions. B. thunbergii ‘Breval 8’ (DDG 107) is a vessel of the Navy which, B. thunbergii ‘Celeste’ List of Subjects in 32 CFR Part 706 due to its special construction and B. thunbergii ‘Chloe’ purpose, cannot fully comply with Marine safety, Navigation (water), and * * * * * certain provisions of the 72 COLREGS Vessels. B. thunbergii ‘Edda’ without interfering with its special ■ For the reasons set forth in the * * * * * function as a naval ship. The intended preamble, amend part 706 of title 32 of B. thunbergii ‘Fay’ effect of this rule is to warn mariners in the Code of Federal Regulations as * * * * * waters where 72 COLREGS apply. follows:

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29194 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

PART 706—CERTIFICATIONS AND ■ 2. Section 706.2 is amended as ■ C. In Table Five, by adding, in EXEMPTIONS UNDER THE follows: alphanumerical order, by vessel INTERNATIONAL REGULATIONS FOR ■ A. In Table Four, Paragraph 15 by number, an entry for USS GRAVELY PREVENTING COLLISIONS AT SEA, adding, in alphanumerical order, by (DDG 107): 1972 vessel number, an entry for USS GRAVELY (DDG 107); § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and ■ 1. The authority citation for part 706 ■ B. In Table Four, Paragraph 16 by 33 U.S.C. 1605. continues to read as follows: adding, in alphanumerical order, by vessel number, an entry for USS * * * * * Authority: 33 U.S.C. 1605. GRAVELY (DDG 107); and

TABLE FOUR PARAGRAPH 15

Horizontal distance from the fore and aft Vessel Number centerline of the vessel in the athwartship direction

******* USS GRAVELY ...... DDG 107 ...... 1.83 meters.

*******

* * * * *

TABLE FOUR PARAGRAPH 16

Obstruction angle Vessel Number relative ship’s headings

******* USS GRAVELY ...... DDG 107 ...... 108.66 thru 112.50 [degrees].

*******

* * * * *

TABLE FIVE

Masthead lights Forward mast- After masthead light less than 1⁄2 Percentage not over all other head light not in ship’s length aft of horizontal Vessel Number lights and obstruc- forward quarter of forward masthead separation tions. Annex I, ship. Annex I, light. Annex I, attained sec. 2(f) sec. 3(a) sec. 3(a)

******* USS GRAVELY ...... DDG 107 ...... X X X 14.6

*******

VerDate Mar<15>2010 17:39 May 24, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29195

* * * * * at the office of the Chief Executive pursuant to policies established by other Approved: May 17, 2010. Officer of each community. The Federal, State, or regional entities. The M. Robb Hyde, respective addresses are listed in the changes in BFEs are in accordance with table below. 44 CFR 65.4. Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act. and Maritime Law). Kevin C. Long, Acting Chief, This interim rule is categorically [FR Doc. 2010–12526 Filed 5–24–10; 8:45 am] Engineering Management Branch, excluded from the requirements of 44 BILLING CODE 3810–FF–P Mitigation Directorate, Federal CFR part 10, Environmental Emergency Management Agency, 500 C Consideration. An environmental Street, SW., Washington, DC 20472, impact assessment has not been DEPARTMENT OF HOMELAND (202) 646–2820, or (e-mail) prepared. SECURITY [email protected]. Regulatory Flexibility Act. As flood SUPPLEMENTARY INFORMATION: The elevation determinations are not within Federal Emergency Management modified BFEs are not listed for each the scope of the Regulatory Flexibility Agency community in this interim rule. Act, 5 U.S.C. 601–612, a regulatory However, the address of the Chief flexibility analysis is not required. 44 CFR Part 65 Executive Officer of the community Regulatory Classification. This [Docket ID FEMA–2010–0003; Internal where the modified BFE determinations interim rule is not a significant Agency Docket No. FEMA–B–1102] are available for inspection is provided. regulatory action under the criteria of Any request for reconsideration must section 3(f) of Executive Order 12866 of Changes in Flood Elevation be based on knowledge of changed September 30, 1993, Regulatory Determinations conditions or new scientific or technical Planning and Review, 58 FR 51735. data. Executive Order 13132, Federalism. AGENCY: Federal Emergency The modifications are made pursuant This interim rule involves no policies Management Agency, DHS. to section 201 of the Flood Disaster that have federalism implications under ACTION: Interim rule. Protection Act of 1973, 42 U.S.C. 4105, Executive Order 13132, Federalism. and are in accordance with the National SUMMARY: This interim rule lists Flood Insurance Act of 1968, 42 U.S.C. Executive Order 12988, Civil Justice communities where modification of the 4001 et seq., and with 44 CFR part 65. Reform. This interim rule meets the Base (1% annual-chance) Flood For rating purposes, the currently applicable standards of Executive Order Elevations (BFEs) is appropriate because effective community number is shown 12988. of new scientific or technical data. New and must be used for all new policies List of Subjects in 44 CFR Part 65 flood insurance premium rates will be and renewals. calculated from the modified BFEs for The modified BFEs are the basis for Flood insurance, Floodplains, new buildings and their contents. the floodplain management measures Reporting and recordkeeping DATES: These modified BFEs are that the community is required either to requirements. currently in effect on the dates listed in adopt or to show evidence of being ■ Accordingly, 44 CFR part 65 is the table below and revise the Flood already in effect in order to qualify or amended to read as follows: Insurance Rate Maps (FIRMs) in effect to remain qualified for participation in prior to this determination for the listed the National Flood Insurance Program PART 65—[AMENDED] communities. (NFIP). From the date of the second These modified BFEs, together with ■ 1. The authority citation for part 65 publication of these changes in a the floodplain management criteria continues to read as follows: newspaper of local circulation, any required by 44 CFR 60.3, are the Authority: 42 U.S.C. 4001 et seq.; person has ninety (90) days in which to minimum that are required. They Reorganization Plan No. 3 of 1978, 3 CFR, request through the community that the should not be construed to mean that 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Deputy Federal Insurance and the community must change any 3 CFR, 1979 Comp., p. 376. Mitigation Administrator reconsider the existing ordinances that are more § 65.4 [Amended] changes. The modified BFEs may be stringent in their floodplain changed during the 90-day period. management requirements. The ■ 2. The tables published under the ADDRESSES: The modified BFEs for each community may at any time enact authority of § 65.4 are amended as community are available for inspection stricter requirements of its own or follows:

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Alabama: St. Clair ... Unincorporated December 24, 2009; December Mr. Stanley Batemon, Chairman, St. Clair April 30, 2010 ...... 010290 areas of St. Clair 31, 2009; The St. Clair County Commission, 165 5th Avenue, County (09–04– News-Aegis. Suite 100, Ashville, AL 35953. 6331P). Arizona:. Pima ...... Town of Marana September 21, 2009; Sep- The Honorable Ed Honea, Mayor, Town January 26, 2010 ...... 040118 (09–09–0980P). tember 28, 2009; Daily Terri- of Marana, 11555 West Civic Center torial. Drive, Marana, AZ 85653. Pima ...... Town of Marana October 9, 2009; October 16, The Honorable Ed Honea, Mayor, Town January 19, 2010 ...... 040118 (08–09–1811P). 2009; Daily Territorial. of Marana, 11555 West Civic Center Drive, Marana, AZ 85653. Pima ...... Town of Oro Valley October 9, 2009; October 16, The Honorable Paul H. Loomis, Mayor, January 19, 2010 ...... 040109 (08–09–1811P). 2009; Daily Territorial. Town of Oro Valley, 11000 North La Canada Drive, Oro Valley, AZ 85737.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29196 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Pima ...... Unincorporated October 9, 2009; October 16, The Honorable Richard Elias, Chairman, January 19, 2010 ...... 040073 areas of Pima 2009; Daily Territorial. Pima County Board of Supervisors, 130 County (08–09– West Congress Street, 11th Floor, Tuc- 1811P). son, AZ 85701. Yuma ...... Unincorporated December 21, 2009; December The Honorable Gregory S. Ferguson, December 7, 2009 ...... 040099 areas of Yuma 28, 2009; Yuma Sun. Chairman, Yuma County Board of Su- County (09–09– pervisors, 198 South Main Street, 1722P). Yuma, AZ 85364. Arkansas: Benton ...... Town of Bethel January 6, 2010; January 13, The Honorable Fred Jack, Mayor, Town May 13, 2010 ...... 050386 Heights (09–06– 2010; Arkansas Democrat- of Bethel Heights, 530 Sunrise Drive, 1075P). Gazette. Bethel Heights, AR 72764. Benton ...... City of Lowell (09– January 6, 2010; January 13, The Honorable Perry Long, Mayor, City of May 13, 2010 ...... 050342 06–1075P). 2010; Arkansas Democrat- Lowell, 216 North Lincoln Street, Low- Gazette. ell, AR 72745. California: Santa City of San Jose January 5, 2010; January 12, The Honorable Chuck Reed, Mayor, City December 29, 2009 ...... 060349 Clara. (10–09–0251P). 2010; San Jose Mercury of San Jose, 200 East Santa Clara News. Street, San Jose, CA 95113. Florida: Hillsborough ..... Unincorporated January 4, 2010; January 11, The Honorable Ken Hagan, Chairman, January 22, 2010 ...... 120112 areas of 2010; Tampa Tribune. Hillsborough County Board of Commis- Hillsborough sioners, P.O. Box 1110, Tampa, FL County (09–04– 33601. 6011P). Lake ...... Unincorporated January 4, 2010; January 11, The Honorable Welton G. Cadwell, Chair- May 11, 2010 ...... 120421 areas of Lake 2010; Daily Commercial. man, Lake County Board of Commis- County (09–04– sioners, P.O. Box 7800, Tavares, FL 4297P). 32778. Illinois: Kane ...... City of Elgin (09–05– December 29, 2009; January 5, The Honorable Edward Schock, Mayor, May 5, 2010 ...... 170087 2958P). 2010; Courier News. City of Elgin, 150 Dexter Court, Elgin, IL 60120. Kane ...... Village of Hampshire December 22, 2009; December The Honorable Jeffrey Magnussen, Presi- April 28, 2010 ...... 170327 (09–05–2792P). 29, 2009; Kane County dent, Village of Hampshire, P.O. Box Chronicle. 457, Hampshire, IL 60140. Kane ...... Unincorporated December 22, 2009; December The Honorable Karen McConnaughay, April 28, 2010 ...... 170896 areas of Kane 29, 2009; Kane County Chairman, Kane County Board of Com- County (09–05– Chronicle. missioners, 719 South Batavia Avenue, 2792P). Geneva, IL 60134. Sedgwick ...... City of Park City January 4, 2010; January 11, The Honorable Emil Bergquist, Mayor, May 11, 2010 ...... 200963 (09–07–1605P). 2010; Wichita Eagle. City of Park City, 6110 North Hydraulic Street, Park City, KS 67219. Sedgwick ...... Unincorporated January 4, 2010; January 11, The Honorable Kelly Parks, Chairman, May 11, 2010 ...... 200321 areas of Sedgwick 2010; Wichita Eagle. Sedgwick County Board of Commis- County (09–07– sioners, 525 North Main Street, Suite 1605P). 320, Wichita, KS 67203. Louisiana: Caddo .... City of Shreveport January 4, 2010; January 11, The Honorable Cedric Glover, Mayor, City May 11, 2010 ...... 220036 (09–06–2855P). 2010; The Times. of Shreveport, 505 Travis Street, Shreveport, LA 71101. Ohio: Lucas ...... City of Toledo (09– January 6, 2010; January 13, The Honorable Carleton S. Finkbeiner, December 29, 2009 ...... 395373 05–5298P). 2010; Toledo Blade. Mayor, City of Toledo, 1 Government Center, 640 Jackson, Suite 2200, To- ledo, OH 43604. Miami ...... City of Troy (09–05– December 14, 2009; December The Honorable Michael Beamish, Mayor, December 30, 2009 ...... 390402 3442P). 21, 2009; Troy Daily News. City of Troy, 100 South Market Street, Troy, OH 45373. Montgomery ..... City of Moraine (08– December 9, 2009; December The Honorable Roger Mathney, Mayor, April 15, 2010 ...... 390414 05–1380P). 16, 2009; Dayton Daily News. City of Moraine, 4200 Dryden Road, Moraine, OH 45439. Montgomery ..... City of West December 9, 2009; December The Honorable Jeffery W. Sanner, Mayor, April 15, 2010 ...... 390419 Carrollton (08–05– 16, 2009; Dayton Daily News. City of West Carrollton, 300 East Cen- 1380P). tral Avenue, West Carrollton, OH 45449. Oklahoma: Tulsa ...... City of Glenpool January 7, 2010; January 14, The Honorable Shayne Buchanan, Mayor, December 30, 2009 ...... 400208 (09–06–0482P). 2010; Tulsa Daily Commerce City of Glenpool, P.O. Box 70, & Legal News. Glenpool, OK 74033. Tulsa ...... Unincorporated January 7, 2010; January 14, The Honorable Karen Keith, Tulsa County December 30, 2009 ...... 400462 areas of Tulsa 2010; Tulsa Daily Commerce Board of Commissioners, 500 South County (09–06– & Legal News. Denver Avenue, Tulsa, OK 74103. 0482P). Pennsylvania: Chester ...... Borough of West January 4, 2010; January 11, The Honorable Dick B. Yoder, Mayor, December 24, 2009 ...... 420292 Chester (09–03– 2010; Daily Local News. Borough of West Chester, 401 East 1120P). Gay Street, West Chester, PA 19380. Northampton ..... City of Bethlehem December 31, 2009; January 7, The Honorable John B. Callahan, Mayor, December 22, 2009 ...... 420718 (09–03–1764P). 2010; Express-Times. City of Bethlehem, 10 East Church Street, Bethlehem, PA 18018. Tennessee: Wilson .. City of Lebanon (10– January 8, 2010; January 15, The Honorable Philip Craighead, Mayor, May 17, 2010 ...... 470208 04–0682P). 2010; Lebanon Democrat. City of Lebanon, 200 North Castle Heights Avenue, Suite 100, Lebanon, TN 37087.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29197

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Texas: Brazoria ...... City of Angleton (08– June 8, 2009; June 15, 2009; The Honorable J. Patrick Henry, Mayor, October 13, 2009 ...... 480064 06–2457P). The Facts. City of Angleton, 121 South Velasco Street, Angleton, TX 77515. Collin ...... City of Frisco (09– January 8, 2010; January 15, The Honorable Maher Maso, Mayor, City May 17, 2010 ...... 480134 06–2567P). 2010; Frisco Enterprise. of Frisco, 6101 Frisco Square Boule- vard, Frisco, TX 75034. Denton ...... City of Lewisville December 30, 2009; January 6, The Honorable Dean Ueckert, Mayor, City May 6, 2010 ...... 480195 (09–06–0314P). 2010; Lewisville Leader. of Lewisville, P.O. Box 299002, Lewisville, TX 75029. Lubbock ...... City of Lubbock (08– January 4, 2010; January 11, The Honorable Tom Martin, Mayor, City May 11, 2010 ...... 480452 06–2706P). 2010; Lubbock Avalanche- of Lubbock, P.O. Box 2000, Lubbock, Journal. TX 79457. Travis ...... City of Austin (09– January 8, 2010; January 15, The Honorable Lee Leffingwell, Mayor, May 17, 2010 ...... 480624 06–2275P). 2010; Austin American City of Austin, P.O. Box 1088, Austin, Statesman. TX 78767. Virginia: City of New- City of Newport December 24, 2009; December The Honorable Joe S. Frank, Mayor, City April 30, 2010 ...... 510103 port News. News (09–03– 31, 2009; Daily Press. of Newport News, 2400 Washington 1019P). Avenue, Newport News, VA 23607. Wyoming: Campbell ...... Unincorporated January 4, 2010; January 11, The Honorable Dan Coolidge, Chairman, May 11, 2010 ...... 560081 areas of Campbell 2010; The News-Record. Campbell County Board of Commis- County (09–08– sioners, 901 Fairway Drive, Gillette, WY 0286P). 82718. Campbell ...... City of Gillette (09– January 4, 2010; January 11, The Honorable Duane Evenson, Mayor, May 11, 2010 ...... 560007 08–0286P). 2010; The News-Record. City of Gillette, 1411 West 4th Street, Gillette, WY 82716.

(Catalog of Federal Domestic Assistance No. prior to this determination for the listed Flood Insurance Act of 1968, 42 U.S.C. 97.022, ‘‘Flood Insurance.’’) communities. 4001 et seq., and with 44 CFR part 65. Dated: April 30, 2010. From the date of the second For rating purposes, the currently Sandra K. Knight, publication of these changes in a effective community number is shown Deputy Federal Insurance and Mitigation newspaper of local circulation, any and must be used for all new policies Administrator, Mitigation, Department of person has ninety (90) days in which to and renewals. Homeland Security, Federal Emergency request through the community that the The modified BFEs are the basis for Management Agency. Deputy Federal Insurance and the floodplain management measures [FR Doc. 2010–12475 Filed 5–24–10; 8:45 am] Mitigation Administrator reconsider the that the community is required either to BILLING CODE 9110–12–P changes. The modified BFEs may be adopt or to show evidence of being changed during the 90-day period. already in effect in order to qualify or ADDRESSES: The modified BFEs for each to remain qualified for participation in DEPARTMENT OF HOMELAND the National Flood Insurance Program SECURITY community are available for inspection at the office of the Chief Executive (NFIP). Federal Emergency Management Officer of each community. The These modified BFEs, together with Agency respective addresses are listed in the the floodplain management criteria table below. required by 44 CFR 60.3, are the 44 CFR Part 65 FOR FURTHER INFORMATION CONTACT: minimum that are required. They Kevin C. Long, Acting Chief, should not be construed to mean that the community must change any [Docket ID FEMA–2010–0003; Internal Engineering Management Branch, Agency Docket No. FEMA–B–1099] Mitigation Directorate, Federal existing ordinances that are more Emergency Management Agency, 500 C stringent in their floodplain Changes in Flood Elevation Street, SW., Washington, DC 20472, management requirements. The Determinations (202) 646–2820, or (e-mail) community may at any time enact [email protected]. stricter requirements of its own or AGENCY: Federal Emergency pursuant to policies established by other Management Agency, DHS. SUPPLEMENTARY INFORMATION: The Federal, State, or regional entities. The ACTION: Interim rule. modified BFEs are not listed for each changes in BFEs are in accordance with community in this interim rule. 44 CFR 65.4. SUMMARY: This interim rule lists However, the address of the Chief National Environmental Policy Act. communities where modification of the Executive Officer of the community This interim rule is categorically Base (1% annual-chance) Flood where the modified BFE determinations excluded from the requirements of 44 Elevations (BFEs) is appropriate because are available for inspection is provided. CFR part 10, Environmental of new scientific or technical data. New Any request for reconsideration must Consideration. An environmental flood insurance premium rates will be be based on knowledge of changed impact assessment has not been calculated from the modified BFEs for conditions or new scientific or technical prepared. new buildings and their contents. data. Regulatory Flexibility Act. As flood DATES: These modified BFEs are The modifications are made pursuant elevation determinations are not within currently in effect on the dates listed in to section 201 of the Flood Disaster the scope of the Regulatory Flexibility the table below and revise the Flood Protection Act of 1973, 42 U.S.C. 4105, Act, 5 U.S.C. 601–612, a regulatory Insurance Rate Maps (FIRMs) in effect and are in accordance with the National flexibility analysis is not required.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29198 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Regulatory Classification. This applicable standards of Executive Order PART 65—[AMENDED] interim rule is not a significant 12988. regulatory action under the criteria of ■ 1. The authority citation for part 65 section 3(f) of Executive Order 12866 of List of Subjects in 44 CFR Part 65 continues to read as follows: September 30, 1993, Regulatory Flood insurance, Floodplains, Authority: 42 U.S.C. 4001 et seq.; Planning and Review, 58 FR 51735. Reorganization Plan No. 3 of 1978, 3 CFR, Reporting and recordkeeping 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 13132, Federalism. requirements. 3 CFR, 1979 Comp., p. 376. This interim rule involves no policies ■ that have federalism implications under Accordingly, 44 CFR part 65 is § 65.4 [Amended] amended to read as follows: Executive Order 13132, Federalism. ■ 2. The tables published under the Executive Order 12988, Civil Justice authority of § 65.4 are amended as Reform. This interim rule meets the follows:

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Arizona: Pima ...... Town of Oro Valley December 11, 2009, December The Honorable Paul H. Loomis, Mayor, April 19, 2010 ...... 040109 (08–09–1800P). 18, 2009, Daily Territorial. Town of Oro Valley, 11000 North La Canada Drive, Oro Valley, AZ 85737. Pima ...... City of Tucson (09– December 9, 2009, December The Honorable Bob Walkup, Mayor, City April 15, 2010 ...... 040076 09–0492P). 16, 2009, Arizona Daily Star. of Tucson, P.O. Box 27210, Tucson, AZ 85726. Arkansas: St. Francis ...... City of Forrest City December 9, 2009, December The Honorable Gordon McCoy, Mayor, April 15, 2010 ...... 050187 (09–06–1699P). 16, 2009, Forrest City Times- City of Forrest City, 224 North Rosser Herald. Street, Forrest City, AR 72335. St. Francis ...... Unincorporated December 9, 2009, December The Honorable Gary Hughes, Judge, St. April 15, 2010 ...... 050184 areas of St. 16, 2009, Forrest City Times- Francis County, 313 South Izard Street, Francis County Herald. Forrest City, AR 72335. (09–06–1699P). California: Contra City of Concord (09– December 4, 2009, December The Honorable Laura M. Hoffmeister, April 12, 2010 ...... 065022 Costa. 09–1576P). 11, 2009, Contra Costa Mayor, City of Concord, 1950 Parkside Times. Drive, MS/01, Concord, CA 94519. Colorado: El Paso ... City of Colorado December 23, 2009, December The Honorable Lionel Rivera, Mayor, City April 29, 2010 ...... 080060 Springs (09–08– 30, 2009, The Gazette. of Colorado Springs, P.O. Box 1575, 0730P). Colorado Springs, CO 80901. Florida: Sarasota ..... City of Sarasota December 9, 2009, December The Honorable Richard Clapp, Mayor, April 15, 2010 ...... 125150 (09–04–6869P). 16, 2009, Sarasota Herald- City of Sarasota, 1565 1st Street, Tribune. Room 101, Sarasota, FL 34236. Idaho: Canyon ...... Unincorporated December 3, 2009, December The Honorable Kathryn Alder, Chair- December 29, 2009 ...... 160208 areas of Canyon 10, 2009, Idaho Press-Trib- person, Canyon County Board of Com- County (09–10– une. missioners, 1115 Albany Street, 0166P). Caldwell, ID 83605. Canyon ...... City of Nampa (09– December 3, 2009, December The Honorable Tom Dale, Mayor, City of December 29, 2009 ...... 160038 10–0166P). 10, 2009, Idaho Press-Trib- Nampa, 411 3rd Street South, Nampa, une. ID 83651. Ohio: Lucas ...... Unincorporated December 2, 2009, December The Honorable Pete Gerken, Chairman, November 20, 2009 ...... 390359 areas of Lucas 9, 2009, Toledo Blade. Lucas County Board of Commissioners, County (09–05– 1 Government Center, Suite 800, To- 4565P). ledo, OH 43604. Lucas ...... City of Toledo (09– December 2, 2009, December The Honorable Carleton S. Finkbeiner, November 20, 2009 ...... 395373 05–4565P). 9, 2009, Toledo Blade. Mayor, City of Toledo, 1 Government Center, 640 Jackson Street, Suite 2200, Toledo, OH 43604. South Carolina: York Unincorporated December 3, 2009, December The Honorable Houston O. ‘‘Buddy’’ Motz, November 20, 2009 ...... 450193 areas of York 10, 2009, The Herald. Chairman, York County Council, 2047 County (09–04– Poinsett Drive, Rock Hill, SC 29732. 4239P). Texas: Dallas ...... Unincorporated December 4, 2009, December The Honorable Jim Foster, Dallas County December 21, 2009 ...... 480165 areas of Dallas 11, 2009, Dallas Morning Judge, 411 Elm Street, Suite 210, Dal- County (09–06– News. las, TX 75202. 2480P). Dallas ...... City of Wilmer (09– December 4, 2009, December The Honorable Jeffery Steele, Mayor, City December 21, 2009 ...... 480190 06–2480P). 11, 2009, Dallas Morning of Wilmer, 128 North Dallas Avenue, News. Wilmer, TX 75172. Fort Bend ...... City of Sugar Land November 26, 2009, December The Honorable James A. Thompson, April 2, 2010 ...... 480234 (10–06–0050P). 3, 2009, Fort Bend Sun. Mayor, City of Sugar Land, P.O. Box 110, Sugar Land, TX 77487. Fort Bend ...... First Colony L.I.D. November 26, 2009, December Mr. Gary Knapp, Board president, First April 2, 2010 ...... 481583 (10–06–0050P). 3, 2009, Fort Bend Sun. Colony L.I.D., c/o Allen Boone Hum- phries Robinson, LLP, 3200 Southwest Freeway, Suite 2600, Houston, TX 77027. Fort Bend ...... Unincorporated November 26, 2009, December The Honorable Robert E. Hebert, PhD, April 2, 2010 ...... 480228 areas of Fort Bend 3, 2009, Fort Bend Sun. Fort Bend County Judge, 301 Jackson County (10–06– Street, Richmond, TX 77469. 0050P).

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29199

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Fort Bend ...... Unincorporated December 3, 2009, December The Honorable Robert E. Hebert, Ph.D., April 9, 2010 ...... 480228 areas of Fort Bend 10, 2009, Fort Bend Sun. Fort Bend County Judge, 301 Jackson County (09–06– Street, Richmond, TX 77469. 0987P). Fort Bend ...... City of Missouri City, December 3, 2009, December The Honorable Allen Owen, Mayor, City April 9, 2009 ...... 480304 (09–06–0987P). 10, 2009, Fort Bend Sun. of Missouri City, 1522 Texas Parkway, Missouri, TX 77489. Harris ...... City of Pasadena December 2, 2009, December The Honorable John Isbell, Mayor, City of November 30, 2009 ...... 480307 (09–06–2867P). 9, 2009, Pasadena Citizen. Pasadena, 1211 Southmore Avenue, Pasadena, TX 77502. Utah: Washington .... City of St. George December 4, 2009, December The Honorable Daniel D. McArthur, April 12, 2010 ...... 490177 (09–08–0868P). 11, 2009, The Spectrum. Mayor, City of St. George, 175 East 200 North, St. George, UT 84770.

(Catalog of Federal Domestic Assistance No. ADDRESSES: The modified BFEs for each community may at any time enact 97.022, ‘‘Flood Insurance.’’) community are available for inspection stricter requirements of its own or Dated: April 30, 2010. at the office of the Chief Executive pursuant to policies established by other Sandra K. Knight, Officer of each community. The Federal, State, or regional entities. The Deputy Federal Insurance and Mitigation respective addresses are listed in the changes in BFEs are in accordance with Administrator, Mitigation, Department of table below. 44 CFR 65.4. Homeland Security, Federal Emergency FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act. Management Agency. Kevin C. Long, Acting Chief, This interim rule is categorically [FR Doc. 2010–12477 Filed 5–24–10; 8:45 am] Engineering Management Branch, excluded from the requirements of 44 BILLING CODE 9110–12–P Mitigation Directorate, Federal CFR part 10, Environmental Emergency Management Agency, 500 C Consideration. An environmental Street SW., Washington, DC 20472, impact assessment has not been DEPARTMENT OF HOMELAND (202) 646–2820, or (e-mail) prepared. SECURITY [email protected]. Regulatory Flexibility Act. As flood elevation determinations are not within SUPPLEMENTARY INFORMATION: Federal Emergency Management The the scope of the Regulatory Flexibility Agency modified BFEs are not listed for each Act, 5 U.S.C. 601–612, a regulatory community in this interim rule. flexibility analysis is not required. 44 CFR Part 65 However, the address of the Chief Regulatory Classification. This Executive Officer of the community interim rule is not a significant where the modified BFE determinations [Docket ID FEMA–2010–0003; Internal regulatory action under the criteria of Agency Docket No. FEMA–B–1121] are available for inspection is provided. section 3(f) of Executive Order 12866 of Any request for reconsideration must September 30, 1993, Regulatory Changes in Flood Elevation be based on knowledge of changed Planning and Review, 58 FR 51735. conditions or new scientific or technical Determinations Executive Order 13132, Federalism. data. This interim rule involves no policies AGENCY: Federal Emergency The modifications are made pursuant that have federalism implications under Management Agency, DHS. to section 201 of the Flood Disaster Executive Order 13132, Federalism. ACTION: Protection Act of 1973, 42 U.S.C. 4105, Interim rule. Executive Order 12988, Civil Justice and are in accordance with the National Reform. This interim rule meets the SUMMARY: This interim rule lists Flood Insurance Act of 1968, 42 U.S.C. applicable standards of Executive Order communities where modification of the 4001 et seq., and with 44 CFR part 65. 12988. Base (1% annual-chance) Flood For rating purposes, the currently Elevations (BFEs) is appropriate because effective community number is shown List of Subjects in 44 CFR Part 65 of new scientific or technical data. New and must be used for all new policies Flood insurance, Floodplains, flood insurance premium rates will be and renewals. calculated from the modified BFEs for Reporting and recordkeeping The modified BFEs are the basis for requirements. new buildings and their contents. the floodplain management measures ■ DATES: These modified BFEs are that the community is required either to Accordingly, 44 CFR part 65 is currently in effect on the dates listed in adopt or to show evidence of being amended to read as follows: the table below and revise the Flood already in effect in order to qualify or PART 65—[AMENDED] Insurance Rate Maps (FIRMs) in effect to remain qualified for participation in prior to this determination for the listed the National Flood Insurance Program ■ 1. The authority citation for part 65 communities. (NFIP). continues to read as follows: From the date of the second These modified BFEs, together with Authority: 42 U.S.C. 4001 et seq.; publication of these changes in a the floodplain management criteria Reorganization Plan No. 3 of 1978, 3 CFR, newspaper of local circulation, any required by 44 CFR 60.3, are the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, person has ninety (90) days in which to minimum that are required. They 3 CFR, 1979 Comp., p. 376. request through the community that the should not be construed to mean that Deputy Federal Insurance and the community must change any § 65.4 [Amended] Mitigation Administrator reconsider the existing ordinances that are more ■ 2. The tables published under the changes. The modified BFEs may be stringent in their floodplain authority of § 65.4 are amended as changed during the 90-day period. management requirements. The follows:

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29200 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Alabama: Madison ... Unincorporated February 12, 2010; February The Honorable Mike Gillespie, Chairman, June 21, 2010 ...... 010151 areas of Madison 19, 2010; Madison County Madison County Commission, Court- County, (09–04– Record. house 700, 100 Northside Square, 6850P). Huntsville, AL 35801. Arkansas: Crawford City of Alma, (09– February 10, 2010; February The Honorable John R. Ballentine, Mayor, January 28, 2010 ...... 050236 06–2913P). 17, 2010; Alma Journal. City of Alma, 804 Fayetteville Avenue, Alma, AR 72921. Colorado: Arapahoe ...... City of Englewood, February 25, 2010; March 5, The Honorable Jim Woodward, Mayor, February 18, 2010 ...... 085074 (10–08–0001P). 2010; The Denver Post. City of Englewood, 1000 Englewood Parkway, Englewood, CO 80110. Arapahoe ...... City of Sheridan, February 25, 2010; March 5, The Honorable Dallas Hall, Mayor, City of February 18, 2010 ...... 080018 (10–08–0001P). 2010; The Denver Post. Sheridan, 4101 South Federal Boule- vard, Sheridan, CO 80110. Eagle ...... Unincorporated January 28, 2010; February 4, The Honorable Peter Runyon, Chairman, June 4, 2010 ...... 080051 areas of Eagle 2010; The Eagle Valley En- Eagle County Board of Commissioners, County, (09–08– terprise. P.O. Box 850, Eagle, CO 81631. 0907P). Larimer ...... City of Fort Collins, February 8, 2010; February 15, The Honorable Doug Hutchinson, Mayor, February 24, 2010 ...... 080102 (09–08–0465P). 2010; Fort Collins Colo- City of Fort Collins, P.O. Box 580, Fort radoan. Collins, CO 80522. Larimer ...... Unincorporated February 8, 2010; February 15, The Honorable Steve Johnson, Chair Pro February 24, 2010 ...... 080101 areas of Larimer 2010; Fort Collins Colo- Tem, Larimer County Board of Com- County, (09–08– radoan. missioners, P.O. Box 1190, Fort Col- 0465P). lins, CO 80522. Florida: Collier ...... City of Marco Island, February 19, 2010; February Mr. Stephen T. Thompson, City Manager, February 9, 2010 ...... 120426 (09–04–7821P). 26, 2010; Naples Daily News. City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Lee ...... City of Bonita February 10, 2010; February The Honorable Ben L. Nelson, Jr., Mayor, June 17, 2010 ...... 120680 Springs, (09–04– 17, 2010; Fort Myers News- City of Bonita Springs, 9101 Bonita 3113P). Press. Beach Road, Bonita Springs, FL 34135. Orange ...... Unincorporated January 28, 2010; February 4, The Honorable Richard T. Crotty, Mayor, January 19, 2010 ...... 120179 areas of Orange 2010; Orlando Weekly. Orange County, 201 South Rosalind County, (09–04– Avenue, 5th Floor, Orlando, FL 32801. 6911P). Polk ...... Unincorporated February 10, 2010; February The Honorable Bob English, Chairman, June 17, 2010 ...... 120261 areas of Polk 17, 2010; The Polk County Polk County Board of Commissioners, County, (09–04– Democrat. P.O. Box 9005, Drawer BC01, Bartow, 5686P). FL 33831. Georgia: Douglas .... Unincorporated February 5, 2010; February 12, The Honorable Tom Worthan, Chairman, June 14, 2010 ...... 130306 areas of Douglas 2010; Douglas County Sen- Douglas County Board of Commis- County, (09–04– tinel. sioners, 8700 Hospital Drive, 6891P). Douglasville, GA 30134. Kentucky: Lexington- Lexington-Fayette February 12, 2010; February The Honorable Jim Newberry, Mayor, June 21, 2010 ...... 210067 Fayette Urban Urban County 19, 2010; Lexington Herald- Lexington-Fayette Urban County, Gov- County Govern- Government, (09– Leader. ernment, 200 East Main Street, Lex- ment. 04–2657P). ington, KY 40507. Missouri: Cass ...... City of Peculiar, (09– February 11, 2010; February The Honorable Ernie Jungmeyer, Mayor, June 18, 2010 ...... 290878 07–1059P). 18, 2010; The Journal. City of Peculiar, 908 Kendall Road, Pe- culiar, MO 64078. Cass ...... Unincorporated February 11, 2010; February The Honorable Gary Mallory, Presiding June 18, 2010 ...... 290783 areas of Cass 18, 2010; The Journal. Commissioner, Cass County Commis- County, (09–07– sion, 102 East Wall Street, 1059P). Harrisonville, MO 64701. New Mexico: Dona City of Las Cruces, February 5, 2010; February 12, The Honorable Ken Miyagishima, Mayor, June 14, 2010 ...... 355332 Ana. (09–06–0638P). 2010; Las Cruces Sun-News. City of Las Cruces, P.O. Box 20000, Las Cruces, NM 88004. North Carolina: Cumberland ...... City of Fayetteville, February 5, 2010; February 12, The Honorable Anthony G. Chavonne, June 14, 2010 ...... 370077 (09–04–2351P). 2010; Fayetteville Observer. Mayor, City of Fayetteville, 433 Hay Street, Fayetteville, NC 28301. Durham ...... City of Durham, (09– February 5, 2010; February 12, The Honorable William V. Bell, Mayor, January 29, 2010 ...... 370086 04–4161P). 2010; The Herald-Sun. City of Durham, 101 City Hall Plaza, Durham, NC 27701. Wake ...... Town of Cary, (09– February 24, 2010; March 3, The Honorable Harold Weinbrecht, July 1, 2010 ...... 370238 04–4769P). 2010; The Cary News and Mayor, Town of Cary, P.O. Box 8005, The News & Observer. Cary, NC 27512. Wake ...... Town of Morrisville, February 24, 2010; March 3, The Honorable Jan Faulkner, Mayor, July 1, 2010 ...... 370242 (09–04–4769P). 2010; The News & Observer. Town of Morrisville, 100 Town Hall Drive, Morrisville, NC 27560. Oregon: Linn ...... City of Millersburg, February 26, 2010; March 5, The Honorable Clayton Wood, Mayor, July 2, 2010 ...... 410284 (09–10–0354P). 2010; Democrat-Herald. City of Millersburg, 4222 Northeast Old Salem Road, Albany, OR 97321. Pennsylvania: Ches- Township of West January 29, 2010; February 5, The Honorable Diane Snyder, Chairman, January 21, 2010 ...... 420295 ter. Whiteland, (09– 2010; Daily Local News. West Whiteland Township Board of Su- 03–1797P). pervisors, 101 Commerce Drive, Exton, PA 19341. Tennessee:

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29201

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Hamilton ...... City of Chattanooga, February 12, 2010; February The Honorable Ron Littlefield, Mayor, City January 29, 2010 ...... 470072 (09–04–3516P). 19, 2010; Chattanooga of Chattanooga, 101 East 11th Street, Times Free Press. Chattanooga, TN 37402. Maury ...... City of Spring Hill, January 29, 2010, February 5, The Honorable Michael Dinwiddie, Mayor, February 19, 2010 ...... 470278 (09–04–2487P). 2010, The Daily Herald. City of Spring Hill, P.O. Box 789, Spring Hill, TN 37174. Texas: Denton ...... City of Fort Worth, December 14, 2009; December The Honorable Michael J. Moncrief, April 20, 2010 ...... 480596 (09–06–2866P). 21, 2009; Fort Worth Star- Mayor, City of Fort Worth, 1000 Telegram. Throckmorton Street, Fort Worth, TX 76102. Tarrant ...... City of North Rich- December 14, 2009; December The Honorable T. Oscar Trevino, Jr., December 30, 2009 ...... 480607 land Hills, (09–06– 21, 2009; Star-Telegram. P.E., Mayor, City of North Richland 0903P). Hills, 7301 Northeast Loop 820, North Richland Hills, TX 76180. Utah: Weber ...... City of Ogden, (09– February 12, 2010; February The Honorable Matthew R. Godfrey, June 21, 2010 ...... 490189 08–0583P). 19, 2010; Standard-Examiner. Mayor, City of Ogden, 2549 Wash- ington Boulevard, Suite 910, Ogden, UT 84401. Washington: King ...... City of Snoqualmie, February 5, 2010; February 12, The Honorable Matt Larson, Mayor, City February 26, 2010 ...... 530090 (08–10–0665P). 2010; The Seattle Times. of Snoqualmie, P.O. Box 987, Snoqualmie, WA 98065. King ...... Unincorporated February 5, 2010; February 12, The Honorable Dow Constantine, Chair- February 26, 2010 ...... 530071 areas of King 2010; The Seattle Times. man, King County Board of Commis- County, (08–10– sioners, 516 3rd Avenue, Room 1200, 0665P). Seattle, WA 98104. Wisconsin: Village of Elm January 14, 2010; January 21, The Honorable Neil Palmer, President, February 5, 2010 ...... 550578 Waukesha. Grove, (09–05– 2010; Waukesha Freeman. Village of Elm Grove, 13600 Juneau 5085P). Boulevard, Elm Grove, WI 53122. Wyoming: Natrona ... City of Casper, (08– February 11, 2010; February The Honorable Kenyne Schlager, Mayor, June 18, 2010 ...... 560037 08–0742P). 18, 2010; Casper Star-Trib- City of Casper, 200 North David Street, une. Casper, WY 82601.

(Catalog of Federal Domestic Assistance No. following table and revise the Flood determinations are available for 97.022, ‘‘Flood Insurance.’’) Insurance Rate Maps (FIRMs) in effect inspection. Dated: April 30, 2010. for the listed communities prior to this The modified BFEs are made pursuant Sandra K. Knight, date. to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, Deputy Federal Insurance and Mitigation ADDRESSES: The modified BFEs for each and are in accordance with the National Administrator, Mitigation, Department of community are available for inspection Flood Insurance Act of 1968, 42 U.S.C. Homeland Security, Federal Emergency at the office of the Chief Executive Management Agency. 4001 et seq., and with 44 CFR part 65. Officer of each community. The For rating purposes, the currently [FR Doc. 2010–12485 Filed 5–24–10; 8:45 am] respective addresses are listed in the effective community number is shown BILLING CODE 9110–12–P table below. and must be used for all new policies FOR FURTHER INFORMATION CONTACT: and renewals. DEPARTMENT OF HOMELAND Kevin C. Long, Acting Chief, The modified BFEs are the basis for SECURITY Engineering Management Branch, the floodplain management measures Mitigation Directorate, Federal that the community is required either to Federal Emergency Management Emergency Management Agency, 500 C adopt or to show evidence of being Agency Street, SW., Washington, DC 20472, already in effect in order to qualify or (202) 646–2820, or (e-mail) to remain qualified for participation in 44 CFR Part 65 [email protected]. the National Flood Insurance Program (NFIP). [Docket ID FEMA–2010–0003] SUPPLEMENTARY INFORMATION: The These modified BFEs, together with Federal Emergency Management Agency Changes in Flood Elevation the floodplain management criteria (FEMA) makes the final determinations Determinations required by 44 CFR 60.3, are the listed below of the modified BFEs for minimum that are required. They AGENCY: Federal Emergency each community listed. These modified should not be construed to mean that Management Agency, DHS. BFEs have been published in the community must change any ACTION: Final rule. newspapers of local circulation and existing ordinances that are more ninety (90) days have elapsed since that stringent in their floodplain SUMMARY: Modified Base (1% annual- publication. The Deputy Federal management requirements. The chance) Flood Elevations (BFEs) are Insurance and Mitigation Administrator community may at any time enact finalized for the communities listed of FEMA has resolved any appeals stricter requirements of its own or below. These modified BFEs will be resulting from this notification. pursuant to policies established by other used to calculate flood insurance The modified BFEs are not listed for Federal, State, or regional entities. premium rates for new buildings and each community in this notice. These modified BFEs are used to meet their contents. However, this final rule includes the the floodplain management DATES: The effective dates for these address of the Chief Executive Officer of requirements of the NFIP and also are modified BFEs are indicated on the the community where the modified BFE used to calculate the appropriate flood

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29202 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

insurance premium rates for new under the criteria of section 3(f) of ■ Accordingly, 44 CFR part 65 is buildings built after these elevations are Executive Order 12866 of September 30, amended to read as follows: made final, and for the contents in these 1993, Regulatory Planning and Review, buildings. The changes in BFEs are in 58 FR 51735. PART 65—[AMENDED] accordance with 44 CFR 65.4. Executive Order 13132, Federalism. ■ National Environmental Policy Act. This final rule involves no policies that 1. The authority citation for part 65 This final rule is categorically excluded have federalism implications under continues to read as follows: from the requirements of 44 CFR part Executive Order 13132, Federalism. Authority: 42 U.S.C. 4001 et seq.; 10, Environmental Consideration. An Reorganization Plan No. 3 of 1978, 3 CFR, environmental impact assessment has Executive Order 12988, Civil Justice Reform. This final rule meets the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, not been prepared. 3 CFR, 1979 Comp., p. 376. Regulatory Flexibility Act. As flood applicable standards of Executive Order elevation determinations are not within 12988. § 65.4 [Amended] the scope of the Regulatory Flexibility List of Subjects in 44 CFR Part 65 Act, 5 U.S.C. 601–612, a regulatory ■ 2. The tables published under the flexibility analysis is not required. Flood insurance, Floodplains, authority of § 65.4 are amended as Regulatory Classification. This final Reporting and recordkeeping follows: rule is not a significant regulatory action requirements.

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Alabama: Shelby City of Montevallo June 11, 2009; June 18, 2009; The Honorable Ben McCrory, Mayor, City October 16, 2009 ...... 010349 (FEMA Docket No: (08–04–6211P). The Birmingham News. of Montevallo, 545 Main Street, B–1067). Montevallo, AL 35115. California: San Bernardino City of Redlands June 11, 2009; June 18, 2009; The Honorable Jon Harrison, Mayor, City May 29, 2009 ...... 060279 (FEMA Dock- (09–09–0076P). Redlands Daily Facts. of Redlands, 35 Cajon Street, Suite et No: B– 200, Redlands, CA 92373. 1067). San Diego City of San Diego June 10, 2009; June 17, 2009; The Honorable Jerry Sanders, Mayor, October 15, 2009 ...... 060295 (FEMA Dock- (09–09–0194P). San Diego Transcript. San Diego County, 11th Floor, 202 C et No: B– Street, San Diego, CA 92101. 1067). San Diego Unincorporated June 17, 2009; June 24, 2009; The Honorable Dianne Jacob, Chair- October 22, 2009 ...... 060284 (FEMA Dock- areas of San San Diego Transcript. woman, San Diego County Board of, et No: B– Diego County (09– Supervisors, 1600 Pacific Highway, 1067). 09–0374P). Room 335, San Diego, CA 92101. Ventura (FEMA City of Oxnard (09– June 11, 2009; June 18, 2009; The Honorable Thomas Holden, Mayor, May 29, 2009 ...... 060417 Docket No: 09–1399P). Ventura Star. City of Oxnard, 300 West 3rd Street, B–1067). Oxnard, CA 93030. Colorado: Adams & City of Aurora (09– June 11, 2009; June 18, 2009; The Honorable Ed Tauer, Mayor, City of October 16, 2009 ...... 080002 Arapahoe 08–0361P). Aurora Sentinel. Aurora, 15151 East Alameda Parkway, (FEMA Dock- Aurora, CO 80012. et No: B– 1067). Arapahoe City of Aurora (09– July 2, 2009; July 9, 2009; Au- The Honorable Ed Tauer, Mayor, City of June 23, 2009 ...... 080002 (FEMA Dock- 08–0620P). rora Sentinel. Aurora, 15151 East Alameda Parkway, et No: B– Aurora, CO 80012. 1070). Arapahoe City of Sheridan June 12, 2009; June 19, 2009; The Honorable Mary Carter, Mayor, City October 19, 2009 ...... 080018 (FEMA Dock- (09–08–0267P). Englewood Herald. of Sheridan, 4101 South Federal Boule- et No: B– vard, Sheridan, CO 80110. 1070). Denver (FEMA City and County of July 2, 2009; July 9, 2009; The Honorable John W. Hickenlooper, June 23, 2009 ...... 080046 Docket No: Denver (09–08– Denver Post. Mayor, City and County of Denver, B–1070). 0620P). 1437 Bannock Street, Suite 350, Den- ver, CO 80202. Douglas (FEMA Unincorporated May 21, 2009; May 28, 2009; The Honorable Jack Hilbert, Chairman, September 25, 2009 ...... 080049 Docket No: areas of Douglas Douglas County News-Press. Douglas County Board of, Commis- B–1067). County (09–08– sioners, 100 3rd Street, Castle Rock, 0431P). CO 80104. Douglas (FEMA Town of Parker (09– May 21, 2009; May 28, 2009; The Honorable David Casiano, Mayor, September 25, 2009 ...... 080310 Docket No: 08–0431P). Douglas County News-Press. Town of Parker, 20120 East Main B–1067). Street, Parker, CO 80138. Summit (FEMA Town of Silverthorne June 5, 2009; June 12, 2009; The Honorable David Koop, Mayor, Town May 22, 2009 ...... 080201 Docket No: (08–08–0785P). Summit County Journal. of Silverthorne, P.O. Box 1309, B–1067). Silverthorne, CO 80498. Connecticut: Hartford (FEMA Town of Farmington March 23, 2009; March 30, The Honorable Michael Clark, Chair, July 28, 2009 ...... 090029 Docket No: (09–01–0125P). 2009; The Hartford Courant. Town of Farmington Council, One B–1067). Monteith Drive, Farmington, CT 06032. New Haven Town of Branford June 11, 2009; June 18, 2009; The Honorable Anthony DaRos, First Se- May 29, 2009 ...... 090073 (FEMA Dock- (09–01–0507P). Branford Sound. lectman, Town of Branford, P.O. Box et No: B– 150, Branford, CT 06405. 1067). Delaware: New Cas- Unincorporated June 9, 2009; June 16, 2009; Mr. Christopher Coons, New Castle October 13, 2009 ...... 105085 tle (FEMA Docket areas of New Cas- The News Journal. County Executive, 87 Reads Way Cor- No: B–1067). tle County (09– porate Commons, New Castle, DE 03–0923P). 19720.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29203

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Florida: Lee (FEMA Unincorporated June 8, 2009; June 15, 2009; The Honorable Ray Judah, Chairman, May 27, 2009 ...... 125124 Docket No: areas of Lee Fort Myers News-Press. Lee County Board, of Commissioners, B–1067). County (09–04– P.O. Box 398, Fort Myers, FL 33902. 3111P). Marion (FEMA City of Ocala (09– June 25, 2009; July 2, 2009; The Honorable Randy Ewers, Mayor, City June 12, 2009 ...... 120330 Docket No: 04–0503P). Star Banner. of Ocala, P.O. Box 1270, Ocala, FL B–1070). 34478. Orange (FEMA City of Orlando (09– July 9, 2009; July 16, 2009; Or- The Honorable Buddy Dyer, Mayor, City September 28, 2009 ...... 120186 Docket No: 04–3112P). lando Weekly. of Orlando, 400 South Orange Avenue, B–1070). Orlando, FL 32802. Sumter (FEMA Unincorporated July 9, 2009; July 16, 2009; The Honorable Richard Hoffman, Com- June 30, 2009 ...... 120296 Docket No: areas of Sumter Sumter County Times. missioner, District One, Sumter County B–1070). County (09–04– Board of Commissioners, 910 North 3548P). Main Street, Bushnell, FL 33513. Georgia: Columbia Unincorporated June 14, 2009; June 21, 2009; The Honorable Ron C. Cross, Chairman, May 29, 2009 ...... 130059 (FEMA Dock- areas of Columbia Columbia County News- Columbia County Board of Commis- et No: B– County (09–04– Times. sioners, P.O. Box 498, Evans, GA 1067). 2902P). 30809. Columbia City of Grovetown June 14, 2009; June 21, 2009; The Honorable George W. James III, May 29, 2009 ...... 130265 (FEMA Dock- (09–04–2902P). Columbia County News- Mayor, City of Grovetown, 201 Williams et No: B– Times. Street, Grovetown, GA 30813. 1067). Canyon (FEMA Unincorporated May 11, 2009; May 18, 2009; The Honorable David Ferdinand, Chair- April 30, 2009 ...... 160208 Docket No: areas of Canyon Idaho Press-Tribune. man, Canyon County Board of Com- B–1067). County (08–10– missioners, 1115 Albany Street, 0685P). Caldwell, ID 83605. Teton (FEMA Unincorporated May 21, 2009; May 28, 2009; The Honorable Larry Young, Chairman, September 25, 2009 ...... 160230 Docket No: areas of Teton Teton Valley News. Teton County Board of Commissioners, B–1063). County (08–10– P.O. Box 756, Driggs, ID 83422. 0585P). Illinois: DuPage (FEMA Village of Villa Park July 10, 2009; July 17, 2009; The Honorable Joyce Stupegia; Presi- June 29, 2009 ...... 170217 Docket No: (08–05–4476P). Villa Park Argus. dent, Village of Villa Park; 20 South B–1070). Ardmore Avenue; Villa Park, IL 60181. Will (FEMA Unincorporated July 6, 2009; July 13, 2009; The Honorable Lawrence M. Walsh, Will November 10, 2009 ...... 170695 Docket No: areas of Will The Herald News. County Executive, 302 North Chicago B–1070). County (09–05– Street, Joliet, IL 60432. 3443P). Indiana: Elkhart (FEMA City of Elkhart (09– July 3, 2009; July 10, 2009; The Honorable David Miller, Mayor, City November 9, 2009 ...... 180057 Docket No: 05–0815P). The Elkhart Truth. of Elkhart, Municipal Building, 229 B–1070). South 2nd Street, Elkhart, IN 46516. Elkhart (FEMA Unincorporated July 3, 2009; July 10, 2009; The Honorable Terry Rodino, President, November 9, 2009 ...... 180056 Docket No: areas of Elkhart The Elkhart Truth. Elkhart County Board of Commis- B–1070). County (09–05– sioners, 117 North 2nd Street, Goshen, 0815P). IN 46526. Kansas: McPherson City of McPherson July 7, 2009; July 14, 2009; The Honorable Thomas A. Brown, Mayor, June 26, 2009 ...... 200217 (FEMA Dock- (09–07–0243P). McPherson Sentinel. City of McPherson, P.O. Box 1008, et No: B– McPherson, KS 67460. 1070). Sedgwick Unincorporated April 20, 2009; April 27, 2009; The Honorable Kelly Parks, Chairman, August 25, 2009 ...... 200321 (FEMA Dock- areas of Sedgwick Wichita Eagle. Sedgwick County Board of Commis- et No: B– County (08–07– sioners, County Courthouse, 525 North 1067). 1331P). Main Street, Wichita, KS 67203. Sedgwick City of Valley Center April 20, 2009; April 27, 2009; The Honorable Michael D. McNown, August 25, 2009 ...... 200327 (FEMA Dock- (08–07–1331P). Wichita Eagle. Mayor, City of Valley Center, P.O. Box et No: B– 188, Valley Center, KS 67147. 1067). Michigan: Macomb Township of Shelby June 21, 2009; June 28, 2009; The Honorable Richard Stathakis, Super- October 19, 2009 ...... 260126 (FEMA Docket No: (09–05–0484P). The Source. visor, Shelby Township, 52700 Van B–1067). Dyke Avenue, Shelby Township, MI 48316. Minnesota: Anoka (FEMA City of Blaine (08– March 27, 2009; April 3, 2009; The Honorable Thomas Ryan, Mayor, July 27, 2009 ...... 270007 Docket No: 05–4922P). Blaine-Spring Lake Park Life. City of Blaine, 12147 Radisson Road B–1070). Northeast, Blaine, MN 55449. Anoka (FEMA City of Coon Rapids March 27, 2009; April 3, 2009; The Honorable Tim Howe, Mayor, City of July 27, 2009 ...... 270011 Docket No: (08–05–4922P). Coon Rapids Herald. Coon Rapids, 11155 Robinson Drive, B–1070). Coon Rapids, MN 55433. Olmsted (FEMA Unincorporated May 26, 2009; June 2, 2009; The Honorable Kenneth W. Brown, Com- May 15, 2009 ...... 270626 Docket No: areas of Olmsted Post-Bulletin. missioner, c/o County Administration, B–1063). County (09–05– 151 4th Street Southeast, Rochester, 1227P). MN 55904. Olmsted (FEMA City of Rochester May 26, 2009; June 2, 2009; The Honorable Ardell F. Brede, Mayor, May 15, 2009 ...... 275246 Docket No: (09–05–1227P). Post-Bulletin. City of Rochester, 201 4th Street B–1063). Southeast, Room 281, Rochester, MN 55904.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29204 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Stearns (FEMA City of Cold Springs June 2, 2009; June 9, 2009; The Honorable Doug Schmitz, Mayor, October 7, 2009 ...... 270444 Docket No: (09–05–2287P). Cold Springs Record. City of Cold Spring, 12 11th Avenue B–1063). North, Cold Spring, MN 56320. Mississippi: Rankin City of Richmond July 8, 2009; July 15, 2009; The Honorable Shirley Hall, Mayor, City July 30, 2009 ...... 280299 (FEMA Docket No: (09–04–2764P). Rankin County News. of Richland, P.O. Box 180609, Rich- B–1070). land, MS 39218. Missouri: Jefferson Unincorporated June 4, 2009; June 11, 2009; Mr. Chuck Banks, Jefferson County Exec- May 28, 2009 ...... 290808 (FEMA Docket No: areas of Jefferson Jefferson County Leader. utive, P.O. Box 100, Hillsboro, MO B–1063). County (09–07– 63050. 0429P). Montana: Carbon (FEMA City of Red Lodge June 11, 2009; June 18, 2009; The Honorable Betsy Scanlin, Mayor, City October 16, 2009 ...... 300007 Docket No: (09–08–0545P). Carbon County News. of Red Lodge, P.O. Box 9, Red Lodge, B–1070). MT 59068. Flathead (FEMA Unincorporated May 26, 2009; June 2, 2009; The Honorable Dale Lauman, Chairman, September 30, 2009 ...... 300023 Docket No: areas of Flathead Daily Inter Lake. Flathead County Board of, Commis- B–1063). County (09–08– sioners, 800 South Main Street, Kali- 0251P). spell, MT 59901. Nebraska: Lincoln City of North Platte June 25, 2009; July 2, 2009; The Honorable Marc Kaschke, Mayor, June 15, 2009 ...... 310143 (FEMA Docket No: (09–07–1206P). North Platte Telegraph. City of North Platte, 211 West 3rd B–1067). Street, North Platte, NE 69101. New Mexico: City of Rio Rancho June 5, 2009; June 12, 2009; The Honorable Thomas E. Swisstack, May 26, 2009 ...... 350146 Sandoval (FEMA (09–06–0561P). Albuquerque Journal. Mayor, City of Rio Rancho, 3200 Civic Docket No: B– Center Circle Northeast, Rio Rancho, 1063). NM 87144. New York: Rockland Town of Ramapo May 11, 2009; May 18, 2009; The Honorable Christopher St. Lawrence, October 27, 2009 ...... 365340 (FEMA Docket No: (09–02–0256P). The Journal News. Supervisor, Town of Ramapo, 237 B–1059). Route 59, Suffern, NY 10901. Ohio: Franklin (FEMA City of Dublin (08– June 17, 2009; June 24, 2009; The Honorable Mary Chinnici-Zuercher, October 22, 2009 ...... 390673 Docket No: 05–2843P). The Dublin News. Mayor, City of Dublin, 5200 Emerald B–1070). Parkway, Dublin, OH 43017. Hancock (FEMA Unincorporated June 30, 2009; July 7, 2009; The Honorable Edward D. Ingold, Han- November 4, 2009 ...... 390767 Docket No: areas of Hancock The Courier. cock County Commissioner, 322 South B–1070). County (09–05– Main Street, Findlay, OH 45840. 2984P). Lucas (FEMA City of Toledo (09– June 3, 2009; June 10, 2009; The Honorable Carleton S. Finkbeiner, May 21, 2009 ...... 395373 Docket No: 05–0642P). Toledo Blade. Mayor, City of Toledo, 1 Government B–1067). Center, 640 Jackson Street, Suite 2200, Toledo, OH 43604. South Carolina: Aiken (FEMA Unincorporated May 8, 2009; May 15, 2009; The Honorable Ronnie Young, Aiken April 30, 2009 ...... 450002 Docket No: areas of Aiken Aiken Standard. County Council Chairman, 736 Rich- B–1063). County (09–04– land Avenue West, Aiken, SC 29801. 1792P). Aiken (FEMA City of North Au- May 8, 2009; May 15, 2009; The Honorable Lark W. Jones, Mayor, April 30, 2009 ...... 450007 Docket No: gusta (09–04– Aiken Standard. City of North Augusta, P.O. Box 6400, B–1063). 1792P). North Augusta, SC 29861. Lancaster Unincorporated June 8, 2009; June 15, 2009; The Honorable Steve Willis, Lancaster October 13, 2009 ...... 450120 (FEMA Dock- Areas of Lancaster Rock Hill Herald. County Administrator, P.O. Box 1809, et No: B– County (09–04– Lancaster, SC 29721. 1070). 1036P). South Dakota: Law- City of Deadwood June 3, 2009; June 10, 2009; The Honorable Francis A. Toscana, October 8, 2009 ...... 460045 rence (FEMA (09–08–0225P). Lawrence County Journal. Mayor, City of Deadwood, P.O. Box Docket No: B– 413, Deadwood, SD 57732. 1063). Tennessee: Wilson City of Mt. Juliet June 19, 2009; June 26, 2009; The Honorable Linda Elam, Mayor, City of June 10, 2009 ...... 470290 (FEMA Docket No: (09–04–1406P). Lebanon Democrat. Mount Juliet, 2425 North Mount Juliet B–1067). Road, Mount Juliet, TN 37122. Texas: Bexar (FEMA Unincorporated July 6, 2009; July 13, 2009; The Honorable Nelson W. Wolff, Bexar July 30, 2009 ...... 480035 Docket No: B– areas of Bexar Daily Commercial Recorder. County Judge, Bexar County Court- 1070). County (08–06– house, 100 Dolorosa Street, Suite 120, 2311P). San Antonio, TX 78205. Bexar (FEMA City of San Antonio June 10, 2009; June 17, 2009; The Honorable Phil Hardberger, Mayor, October 15, 2009 ...... 480045 Docket No: (09–06–0261P). San Antonio Express-News. City of San Antonio, P.O. Box 839966, B–1067). San Antonio, TX 78283. Cherokee City of Jacksonville June 9, 2009; June 16, 2009; The Honorable Robert N. Haberle, Mayor, October 14, 2009 ...... 480123 (FEMA Dock- (09–06–0483P). Jacksonville Daily Progress. City of Jacksonville, P.O. Box 1390, et No: B– Jacksonville, TX 75766. 1067). Collin (FEMA City of Plano (08– July 3, 2009; July 10, 2009; The Honorable Phil Dyer, Mayor, City of November 9, 2009 ...... 480140 Docket No: 06–2741P).. Plano Star-Courier. Plano, 1520 Avenue K, Plano, TX B–1070). 75074. Kerr (FEMA City of Kerrville (09– May 11, 2009; May 18, 2009; The Honorable Todd Bock, Mayor, City of September 15, 2009 ...... 480420 Docket No: 06–0116P). Kerrville Daily Times. Kerrville, 800 Junction Highway, B–1063). Kerrville, TX 78028. Tarrant (FEMA City of Fort Worth April 3, 2009; April 10, 2009; The Honorable Michael J. Moncrief, March 25, 2009 ...... 480596 Docket No: (09–06–1123P). Fort Worth Star-Telegram. Mayor, City of Fort Worth, 1000 B–1067). Throckmorton Street, Fort Worth, TX 76102.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29205

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Travis (FEMA City of Austin (08– May 12, 2009; May 19, 2009; The Honorable Will Wynn, Mayor, City of April 30, 2009 ...... 480624 Docket No: 06–3046P).. Austin American Statesman. Austin, P.O. Box 1088, Austin, TX B–1070). 78767. Webb (FEMA City of Laredo (09– June 11, 2009; June 18, 2009; The Honorable Raul G. Salinas, Mayor, October 16, 2009 ...... 480651 Docket No: 06–0689P). Laredo Morning Times. City of Laredo, 1110 Houston Street, B–1070). Laredo, TX 78040. Utah: Davis (FEMA City of Centerville May 26, 2009; June 2, 2009; The Honorable Ronald G. Russell, Mayor, May 12, 2009 ...... 490040 Docket No: B– (07–08–0754P). Salt Lake Tribune. City of Centerville, 73 West Ricks 1063). Creek Way, Centerville, UT 84014. Virginia: City of Harrison- City of Harrisonburg June 26, 2009; July 3, 2009; The Honorable Kai Degner, Mayor, City of November 2, 2009 ...... 510076 burg (FEMA (09–03–0277P). Daily News-Record. Harrisonburg, 345 South Main Street, Docket No: Harrisonburg, VA 22801. B–1070). City of Waynes- City of Waynesboro June 8, 2009; June 15, 2009; The Honorable Timothy D. Williams, June 29, 2009 ...... 515532 boro (FEMA (09–03–0235P). The News Virginian. Mayor, City of Waynesboro, P.O. Box Docket No: 1028, Waynesboro, VA 22980. B–1070). Prince Edward Town of Farmville July 1, 2009; July 8, 2009; The Honorable Sydnor C. Newman, Jr., October 3, 2009 ...... 510118 (FEMA Dock- (08–03–1396P). Farmville Herald. Mayor, Town of Farmville, 116 North et No: B– Main Street, Farmville, VA 23901. 1070). Rockingham Town of Bridgewater May 21, 2009; May 28, 2009; Mr. Bob F. Holton, Town of Bridgewater May 12, 2009 ...... 510134 (FEMA Dock- (09–03–0163P). Daily News-Record. Superintendent, 201 Green Street, et No: B– Bridgewater, VA 22812. 1063). Rockingham Unincorporated May 21, 2009; May 28, 2009; Mr. Joseph F. Paxton, Rockingham Coun- May 12, 2009 ...... 510133 (FEMA Dock- areas of Rocking- Daily News-Record. ty Administrator, 20 East Gay Street, et No: B– ham County (09– Harrisonburg, VA 22801. 1063). 03–0163P). Wisconsin: Unincorporated June 26, 2009; July 3, 2009; The Honorable Kathleen Falk, Dane November 2, 2009 ...... 550077 Dane (FEMA areas of Dane Wisconsin State Journal. County Executive, City County Building, Docket No: County (08–05– Room 421, 210 Martin Luther King Jr. B–1070). 5051P). Boulevard, Madison, WI 53703.

(Catalog of Federal Domestic Assistance No. DATES: These modified BFEs are where the modified BFE determinations 97.022, ‘‘Flood Insurance.’’) currently in effect on the dates listed in are available for inspection is provided. Dated: April 30, 2010. the table below and revise the Flood Any request for reconsideration must Sandra K. Knight, Insurance Rate Maps (FIRMs) in effect be based on knowledge of changed Deputy Federal Insurance and Mitigation prior to this determination for the listed conditions or new scientific or technical Administrator, Mitigation, Department of communities. data. Homeland Security, Federal Emergency From the date of the second The modifications are made pursuant Management Agency. publication of these changes in a to section 201 of the Flood Disaster [FR Doc. 2010–12482 Filed 5–24–10; 8:45 am] newspaper of local circulation, any Protection Act of 1973, 42 U.S.C. 4105, BILLING CODE 9110–12–P person has ninety (90) days in which to and are in accordance with the National request through the community that the Flood Insurance Act of 1968, 42 U.S.C. Deputy Federal Insurance and 4001 et seq., and with 44 CFR part 65. DEPARTMENT OF HOMELAND Mitigation Administrator reconsider the For rating purposes, the currently SECURITY changes. The modified BFEs may be effective community number is shown changed during the 90-day period. and must be used for all new policies Federal Emergency Management and renewals. Agency ADDRESSES: The modified BFEs for each The modified BFEs are the basis for community are available for inspection the floodplain management measures 44 CFR Part 65 at the office of the Chief Executive that the community is required either to [Docket ID FEMA–2010–0003; Internal Officer of each community. The adopt or to show evidence of being Agency Docket No. FEMA–B–1123] respective addresses are listed in the already in effect in order to qualify or table below. to remain qualified for participation in Changes in Flood Elevation the National Flood Insurance Program Determinations FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief, (NFIP). AGENCY: Federal Emergency Engineering Management Branch, These modified BFEs, together with Management Agency, DHS. Mitigation Directorate, Federal the floodplain management criteria ACTION: Interim rule. Emergency Management Agency, 500 C required by 44 CFR 60.3, are the Street, SW., Washington, DC 20472, minimum that are required. They SUMMARY: This interim rule lists (202) 646–2820, or (e-mail) should not be construed to mean that communities where modification of the [email protected]. the community must change any Base (1% annual-chance) Flood existing ordinances that are more Elevations (BFEs) is appropriate because SUPPLEMENTARY INFORMATION: The stringent in their floodplain of new scientific or technical data. New modified BFEs are not listed for each management requirements. The flood insurance premium rates will be community in this interim rule. community may at any time enact calculated from the modified BFEs for However, the address of the Chief stricter requirements of its own or new buildings and their contents. Executive Officer of the community pursuant to policies established by other

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29206 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Federal, State, or regional entities. The regulatory action under the criteria of ■ Accordingly, 44 CFR part 65 is changes in BFEs are in accordance with section 3(f) of Executive Order 12866 of amended to read as follows: 44 CFR 65.4. September 30, 1993, Regulatory National Environmental Policy Act. Planning and Review, 58 FR 51735. PART 65—[AMENDED] This interim rule is categorically Executive Order 13132, Federalism. excluded from the requirements of 44 This interim rule involves no policies ■ 1. The authority citation for part 65 CFR part 10, Environmental that have federalism implications under continues to read as follows: Consideration. An environmental Executive Order 13132, Federalism. Authority: 42 U.S.C. 4001 et seq.; impact assessment has not been Executive Order 12988, Civil Justice Reorganization Plan No. 3 of 1978, 3 CFR, prepared. Reform. This interim rule meets the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Regulatory Flexibility Act. As flood applicable standards of Executive Order 3 CFR, 1979 Comp., p. 376. elevation determinations are not within 12988. the scope of the Regulatory Flexibility § 65.4 [Amended] Act, 5 U.S.C. 601–612, a regulatory List of Subjects in 44 CFR Part 65 flexibility analysis is not required. Flood insurance, Floodplains, ■ 2. The tables published under the Regulatory Classification. This Reporting and recordkeeping authority of § 65.4 are amended as interim rule is not a significant requirements. follows:

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Alabama: Shelby ...... Town of Calera (09– March 24, 2010; March 31, The Honorable George W. Roy, Mayor, July 29, 2010 ...... 010373 04–0261P). 2010; Shelby County Re- Town of Calera, P.O. Box 177, Calera, porter. AL 35040. Shelby ...... Unincorporated March 24, 2010; March 31, The Honorable Lindsey Allison, Chair- July 29, 2010 ...... 010191 areas of Shelby 2010; Shelby County Re- person, Shelby County Commission, County (09–04– porter. P.O. Box 467, Columbiana, AL 35051. 0261P). Arizona: Maricopa ...... City of Glendale March 18, 2010; March 25, The Honorable Elaine M. Scruggs, Mayor, July 23, 2010 ...... 040045 (09–09–2335P). 2010; Arizona Business Ga- City of Glendale, 5850 West Glendale zette. Avenue, Glendale, AZ 85301. Maricopa ...... Unincorporated March 18, 2010; March 25, The Honorable Don Stapley, Chairman, July 23, 2010 ...... 040037 areas of Maricopa 2010; Arizona Business Ga- Maricopa County Board of Supervisors, County (09–09– zette. 301 West Jefferson Street, Phoenix, AZ 2335P). 85003. California: Riverside ...... City of Perris (10– March 31, 2010; April 7, 2010; The Honorable Daryl R. Busch, Mayor, July 29, 2010 ...... 060258 09–0106P). The Perris Progress. City of Perris, 101 North D Street, Perris, CA 92570. Riverside ...... City of Riverside March 10, 2010; March 17, The Honorable Ronald O. Loveridge, February 26, 2010 ...... 060260 (09–09–1506P). 2010; The Press-Enterprise. Mayor, City of Riverside, 3900 Main Street, Riverside, CA 92522. Florida: Miami-Dade ...... City of Sunny Isles March 15, 2010; March 22, The Honorable Norman S. Edelcup, February 26, 2010 ...... 120688 Beach (09–04– 2010; Miami Daily Business Mayor, City of Sunny Isles Beach, 8292P). Review. 18070 Collins Avenue, Suite 250, Sunny Isles Beach, FL 33160. Osceola ...... City of St. Cloud March 25, 2010; April 1, 2010; The Honorable Donna Hart, Mayor, City July 30, 2010 ...... 120191 (09–04–6066P). Osceola News-Gazette. of St. Cloud, 1300 9th Street, St. Cloud, FL 34769. Polk ...... Unincorporated March 31, 2010; April 7, 2010; The Honorable Bob English, Chairman, August 5, 2010 ...... 120261 areas of Polk Polk County Democrat. Polk County Board of County Commis- County (09–04– sioners, P.O. Box 9005, Drawer BC01, 8238P). Bartow, FL 33831. Volusia ...... City of Deltona (09– March 22, 2010; March 29, The Honorable Dennis Mulder, Mayor, July 27, 2010 ...... 120677 04–1747P). 2010; The Beacon. City of Deltona, 2345 Providence Bou- levard, Deltona, FL 32725. Georgia: Catoosa ...... City of Ringgold (09– March 24, 2010; March 31, The Honorable Joe Barger, Mayor, City of July 29, 2010 ...... 130029 04–6882P). 2010; The Catoosa County Ringgold, 150 Tennessee Street, News. Ringgold, GA 30736. Catoosa ...... Unincorporated March 24, 2010; March 31, The Honorable Keith Greene, Chairman, July 29, 2010 ...... 130028 areas of Catoosa 2010; The Catoosa County Catoosa County Board of Commis- County (09–04– News. sioners, 800 Lafayette Street, Ringgold, 6882P). GA 30736. Clayton ...... City of Morrow (09– February 12, 2010; Februrary The Honorable Jim Millirons, Mayor, City June 21, 2010 ...... 130045 04–4735P). 19, 2010; Clayton News of Morrow, 1500 Morrow Road, Morrow, Daily. GA 30260. Cobb ...... City of Smyrna (09– March 12, 2010; March 19, The Honorable A. Max Bacon, Mayor, February 26, 2010 ...... 130057 04–6852P). 2010; Marietta Daily Journal. City of Smyrna, 2800 King Street, Smyrna, GA 30080. Cobb ...... Unincorporated March 12, 2010; March 19, The Honorable Samuel S. Olens, Chair- February 26, 2010 ...... 130052 areas of Cobb 2010; Marietta Daily Journal. man, Cobb County Board of Commis- County (09–04– sioners, 100 Cherokee Street, Marietta, 6852P). GA 30090. Columbia ...... Unincorporated March 14, 2010; March 21, The Honorable Ron C. Cross, Chairman, July 19, 2010 ...... 130059 areas of Columbia 2010; The Columbia County Columbia County Board of Commis- County (09–04– News-Times. sioners, P.O. Box 498, Evans, GA 4792P). 30809.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29207

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Fulton ...... City of Atlanta (09– March 12, 2010; March 19, The Honorable Kasim Reed, Mayor, City February 26, 2010 ...... 135160 04–6852P). 2010; Fulton Daily Report. of Atlanta, 55 Trinity Avenue, Atlanta, GA 30303. Illinois: Will ...... Village of Mokena March 25, 2010; April 1, 2010; The Honorable Joseph W. Werner, July 30, 2010 ...... 170705 (09–05–4682P). Mokena Messenger. Mayor, Village of Mokena, 11004 Car- penter Street, Mokena, IL 60448. Will ...... Village of Romeoville March 25, 2010; April 1, 2010; The Honorable John Noak, Mayor, Village July 30, 2010 ...... 170711 (09–05–4629P). The Herald News. of Romeoville, 13 Montrose Drive, Romeoville, IL 60446. Will ...... Unincorporated March 25, 2010; April 1, 2010; The Honorable Lawrence M. Walsh, July 30, 2010 ...... 170695 areas of Will The Herald News. Chairman, Will County Board of Super- County (09–05– visors, 302 North Chicago Street, Joliet, 4629P). IL 60432. Mississippi: Rankin ...... City of Brandon (09– March 31, 2010; April 7, 2010; The Honorable Tim Coulter, Mayor, City March 25, 2010 ...... 280143 04–6879P). Rankin County News. of Brandon, P.O. Box 1539, Brandon, MS 39043. Rankin ...... Unincorporated March 31, 2010; April 7, 2010; The Honorable Jay Bishop, Chair, Rankin March 25, 2010 ...... 280142 areas of Rankin Rankin County News. County Board of Supervisors, 211 East County (09–04– Government Street, Suite A, Brandon, 6879P). MS 39042. North Carolina: Dare ...... Town of Kill Devil November 10, 2009; November The Honorable Raymond Sturza, Mayor, October 30, 2009 ...... 375353 Hills (09–04– 17, 2009; The Coastland Town of Kill Devil Hills, P.O. Box 1719, 6827P). Times. Kill Devil Hills, NC 27948. Durham ...... City of Durham (09– November 20, 2009; November The Honorable William V. Bell, Mayor, April 5, 2010 ...... 370086 04–5502P). 27, 2009; The Herald Sun. City of Durham, 101 City Hall Plaza, Durham, NC 27701. Forsyth ...... City of Winston- January 5, 2010; January 12, The Honorable Allen Joines, Mayor, City May 12, 2010 ...... 375360 Salem (09–04– 2010; Winston-Salem Journal. of Winston-Salem, P.O. Box 2511, Win- 7422P). ston-Salem, NC 27102. Guilford ...... City of Greensboro November 30, 2009; December The Honorable Yvonne J. Johnson, April 6, 2010 ...... 375351 (09–04–6072P). 7, 2009; Greensboro News & Mayor, City of Greensboro, P.O. Box Record. 3136, Greensboro, NC 27402. McDowell ...... Unincorporated January 22, 2010; January 29, Mr. Charles Abernathy, County Manager, June 1, 2010 ...... 370148 areas of McDowell 2010; The McDowell News. McDowell County, 60 East Court County (09–04– Street, Marion, NC 28752. 1274P). Orange ...... Town of Carrboro November 20, 2009; November The Honorable Mark Chilton, Mayor, March 29, 2010 ...... 370275 (09–04–7185P). 27, 2009; Chapel Hill Herald. Town of Carrboro, 301 West Main Street, Carrboro, NC 27510. Orange ...... Town of Chapel Hill December 9, 2009; December The Honorable Kevin Foy, Mayor, Town April 15, 2010 ...... 370180 (08–04–4997P). 16, 2009; Chapel Hill Herald. of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514. Wake ...... City of Raleigh (09– January 20, 2010; January 27, The Honorable Charles Meeker, Mayor, May 27, 2010 ...... 370243 04–4425P). 2010; The News & Observer. City of Raleigh, 222 West Hargett Street, Raleigh, NC 27602. Wake ...... Unincorporated November 30, 2009; December Mr. David C. Cooke, Wake County Man- April 6, 2010 ...... 370368 areas of Wake 7, 2009; The News & Ob- ager, 337 South Salisbury Street, Suite County (08–04– server. 1100, Raleigh, NC 27602. 4911P). Ohio: Franklin ...... City of Columbus March 12, 2010; March 19, The Honorable Michael B. Coleman, July 19, 2010 ...... 390170 (09–05–4021P). 2010; The Columbus Dis- Mayor, City of Columbus, 90 West patch. Broad Street, Columbus, OH 43215. Franklin ...... City of Whitehall March 12, 2010; March 19, The Honorable John A. Wolfe, Mayor, July 19, 2010 ...... 390180 (09–05–4021P). 2010; The Columbus Dis- City of Whitehall, 360 South Yearling patch. Road, Whitehall, OH 43213. Warren ...... City of Monroe (09– March 5, 2010; March 12, The Honorable Robert Routson, Mayor, July 9, 2010 ...... 390042 05–1088P). 2010; The Middletown Jour- City of Monroe, P.O. Box 330, Monroe, nal. OH 45050. Tennessee: Madison Unincorporated March 10, 2010; March 17, The Honorable Jimmy Harris, Mayor, July 15, 2010 ...... 470112 areas of Madison 2010; Jackson Sun. Madison County, 100 East Main Street, County (09–04– Suite 302, Jackson, TN 38301. 3077P). Texas: Bexar ...... City of San Antonio April 2, 2010; April 9, 2010; The Honorable Julian Castro, Mayor, City August 9, 2010 ...... 480045 (09–06–2985P). San Antonio Express-News. of San Antonio, P.O. Box 839966, San Antonio, TX 78283. Bexar ...... City of San Antonio March 31, 2010; April 7, 2010; The Honorable Julian Castro, Mayor, City April 22, 2010 ...... 480045 (08–06–2113P). Daily Commercial Recorder. of San Antonio, P.O. Box 839966, San Antonio, TX 78283. Bexar ...... City of San Antonio March 19, 2010; March 26, The Honorable Julian Castro, Mayor, City April 7, 2010 ...... 480045 (09–06–2177P). 2010; Daily Commercial Re- of San Antonio, P.O. Box 839966, San corder. Antonio, TX 78283. Utah: Weber ...... City of Ogden (09– March 19, 2010; March 26, The Honorable Matthew R. Godfrey, July 26, 2010 ...... 490189 08–0418P). 2010; Ogden Standard-Ex- Mayor, City of Ogden, 2549 Wash- aminer. ington Boulevard, Suite 910, Ogden, UT 84401.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29208 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

(Catalog of Federal Domestic Assistance No. ADDRESSES: The modified BFEs for each community may at any time enact 97.022, ‘‘Flood Insurance.’’) community are available for inspection stricter requirements of its own or Dated: April 30, 2010. at the office of the Chief Executive pursuant to policies established by other Sandra K. Knight, Officer of each community. The Federal, State, or regional entities. The Deputy Federal Insurance and Mitigation respective addresses are listed in the changes in BFEs are in accordance with Administrator, Mitigation, Department of table below. 44 CFR 65.4. Homeland Security, Federal Emergency FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act. Management Agency. Kevin C. Long, Acting Chief, This interim rule is categorically [FR Doc. 2010–12478 Filed 5–24–10; 8:45 am] Engineering Management Branch, excluded from the requirements of 44 BILLING CODE 9110–12–P Mitigation Directorate, Federal CFR part 10, Environmental Emergency Management Agency, 500 C Consideration. An environmental Street, SW., Washington, DC 20472, impact assessment has not been DEPARTMENT OF HOMELAND (202) 646–2820, or (e-mail) prepared. SECURITY [email protected]. Regulatory Flexibility Act. As flood elevation determinations are not within SUPPLEMENTARY INFORMATION: Federal Emergency Management The the scope of the Regulatory Flexibility Agency modified BFEs are not listed for each Act, 5 U.S.C. 601–612, a regulatory community in this interim rule. flexibility analysis is not required. 44 CFR Part 65 However, the address of the Chief Regulatory Classification. This Executive Officer of the community interim rule is not a significant where the modified BFE determinations [Docket ID FEMA–2010–0003; Internal regulatory action under the criteria of Agency Docket No. FEMA–B–1107] are available for inspection is provided. section 3(f) of Executive Order 12866 of Any request for reconsideration must September 30, 1993, Regulatory be based on knowledge of changed Changes in Flood Elevation Planning and Review, 58 FR 51735. conditions or new scientific or technical Determinations Executive Order 13132, Federalism. data. This interim rule involves no policies AGENCY: Federal Emergency The modifications are made pursuant that have federalism implications under Management Agency, DHS. to section 201 of the Flood Disaster Executive Order 13132, Federalism. ACTION: Protection Act of 1973, 42 U.S.C. 4105, Interim rule. Executive Order 12988, Civil Justice and are in accordance with the National Reform. This interim rule meets the SUMMARY: This interim rule lists Flood Insurance Act of 1968, 42 U.S.C. applicable standards of Executive Order communities where modification of the 4001 et seq., and with 44 CFR part 65. 12988. Base (1% annual-chance) Flood For rating purposes, the currently Elevations (BFEs) is appropriate because effective community number is shown List of Subjects in 44 CFR Part 65 of new scientific or technical data. New and must be used for all new policies Flood insurance, Floodplains, flood insurance premium rates will be and renewals. calculated from the modified BFEs for Reporting and recordkeeping The modified BFEs are the basis for requirements. new buildings and their contents. the floodplain management measures ■ DATES: These modified BFEs are that the community is required either to Accordingly, 44 CFR part 65 is currently in effect on the dates listed in adopt or to show evidence of being amended to read as follows: the table below and revise the Flood already in effect in order to qualify or PART 65—[AMENDED] Insurance Rate Maps (FIRMs) in effect to remain qualified for participation in prior to this determination for the listed the National Flood Insurance Program ■ 1. The authority citation for part 65 communities. (NFIP). continues to read as follows: From the date of the second These modified BFEs, together with Authority: 42 U.S.C. 4001 et seq.; publication of these changes in a the floodplain management criteria Reorganization Plan No. 3 of 1978, 3 CFR, newspaper of local circulation, any required by 44 CFR 60.3, are the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, person has ninety (90) days in which to minimum that are required. They 3 CFR, 1979 Comp., p. 376. request through the community that the should not be construed to mean that Deputy Federal Insurance and the community must change any § 65.4 [Amended] Mitigation Administrator reconsider the existing ordinances that are more ■ 2. The tables published under the changes. The modified BFEs may be stringent in their floodplain authority of § 65.4 are amended as changed during the 90-day period. management requirements. The follows:

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Alabama: Mont- City of Montgomery January 5, 2010, January 12, The Honorable Todd Strange, Mayor, City December 28, 2009 ...... 010174 gomery. (10–04–0501P). 2010, Montgomery Adver- of Montgomery, 103 North Perry Street, tiser. Montgomery, AL 36104. Colorado: Larimer ...... City of Loveland January 15, 2010, January 22, The Honorable Cecil Gutierrez, Mayor, May 24, 2010 ...... 080103 (09–08–0734P). 2010, Daily Reporter-Herald. City of Loveland, 500 East 3rd Street, Suite 330, Loveland, CO 80537. Montrose ...... Unincorporated December 3, 2009, December The Honorable David White, Chairman, April 9, 2010 ...... 080124 areas of Montrose 10, 2009, Montrose Daily Montrose County Board of Commis- County (09–08– Press. sioners, 161 South Townsend Avenue, 0799P). Montrose, CO 81401. Summit ...... Town of January 29, 2010, February 5, The Honorable John Warner, Mayor, June 7, 2010 ...... 080172 Breckenridge (09– 2010, Summit County Jour- Town of Breckenridge, 150 Ski Hill 08–0933P). nal. Road, Breckenridge, CO 80424. Florida:

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29209

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Hillsborough ..... Unincorporated January 14, 2010, January 21, Ms. Patricia G. Bean, County Adminis- May 21, 2010 ...... 120112 areas of 2010, The Tampa Tribune. trator, Hillsborough, County, 601 East Hillsborough Kennedy Boulevard, 26th Floor, County (09–04– Tampa, FL 33602. 6115P). Orange ...... Unincorporated January 14, 2010, January 21, The Honorable Richard T. Crotty, Mayor, May 21, 2010 ...... 120179 areas of Orange 2010, Orlando Weekly. Orange County Board of, Commis- County (09–04– sioners, 4200 South John Young Park- 6043P). way, Orlando, FL 32839. Pinellas ...... City of Gulfport (09– January 29, 2010, February 5, The Honorable Mike Yakes, Mayor, City January 20, 2010 ...... 125108 04–6868P). 2010, St. Petersburg Times. of Gulfport, 2401 53rd Street South, Gulfport, FL 33707. Pinellas ...... Unincorporated January 29, 2010, February 5, The Honorable Karen Williams Seel, January 20, 2010 ...... 125139 areas of Pinellas 2010, St. Petersburg Times. Chairman, Pinellas County Board of County (09–04– Commissioners, 315 Court Street, 6868P). Clearwater, FL 33756. Georgia: Cobb ...... City of Marietta (09– January 8, 2010, January 15, The Honorable William B. Dunaway, February 2, 2010 ...... 130226 04–6328P). 2010, Marietta Daily Journal. Mayor, City of Marietta, P.O. Box 609, Marietta, GA 30061. Cobb ...... Unincorporated January 8, 2010, January 15, The Honorable Samuel S. Olens, February 2, 2010 ...... 130052 areas of Cobb 2010, Marietta Daily Journal. Chariman, Cobb County Board of Com- County (09–04– missioners, 100 Cherokee Street, Mari- 6328P). etta, GA 30090. Forsyth ...... City of Cumming December 30, 2009, January 6, The Honorable Henry Ford Gravitt, May 6, 2010 ...... 130236 (09–04–5443P). 2010, Forsyth County News. Mayor, City of Cumming, 100 Main Street, Cumming, GA 30040. Kansas: Johnson ..... City of Lenexa (09– January 20, 2010, January 27, The Honorable Michael Boehm, Mayor, January 12, 2010 ...... 200168 07–1009P). 2010, The Johnson County City of Lenexa, 12350 West 87th Street Sun. Parkway, Lenexa, KS 66215. Kentucky: Louisville- Louisville-Jefferson January 15, 2010, January 22, The Honorable Jerry E. Abramson, May 24, 2010 ...... 210120 Jefferson County County Metropoli- 2010, The Courier-Journal. Mayor, Louisville-Jefferson County Met- Metropolitan Gov- tan Government ropolitan Government, 527 West Jeffer- ernment. (10–04–0314P). son Street, Louisville, KY 40202. Mississippi: Hinds ...... City of Jackson (09– January 15, 2010, January 22, The Honorable Harvey Johnson, Mayor, December 31, 2009 ...... 280072 04–5350P). 2010, The Clarion-Ledger. City of Jackson, P.O. Box 17, Jackson, MS 39205. Missouri: Jasper ...... City of Joplin (09– January 15, 2010, January 22, The Honorable Gary Shaw, Mayor, City of May 24, 2010 ...... 290183 07–0562P). 2010, The Joplin Globe. Joplin, 602 South Main Street, Joplin, MO 64801. Newton ...... Unincorporated January 15, 2010, January 22, The Honorable Jerry Carter, Presiding May 24, 2010 ...... 290820 areas of Newton 2010, The Joplin Globe. Commissioner, Newton County Com- County (09–07– mission, 101 South Wood Street, Neo- 0562P). sho, MO 64850. New Mexico: Bernalillo ...... City of Rio Rancho January 15, 2010, January 22, The Honorable Thomas E. Swisstack, May 24, 2010 ...... 350146 (09–06–1628P). 2010, The Albuquerque Jour- Mayor, City of Rio Rancho, 3200 Civic nal. Center Circle Northeast, Rio Rancho, NM 87144. Bernalillo ...... Unincorporated January 15, 2010, January 22, The Honorable Alan B. Armijo, Chairman, May 24, 2010 ...... 350001 areas of Bernalillo 2010, The Albuquerque Jour- Bernalillo County Board, of Commis- County (09–06– nal. sioners, 1 Civic Plaza Northwest, Albu- 1628P). querque, NM 87102. North Carolina: Forsyth ...... City of Winston- January 5, 2010, January 12, The Honorable Allen Joines, Mayor, City May 12, 2010 ...... 375360 Salem (09–04– 2010, Winston-Salem Journal. of Winston-Salem, P.O. Box 2511, Win- 7422P). ston-Salem, NC 27102. McDowell ...... Unincorporated January 22, 2010, January 29, Mr. Charles Abernathy, County Manager, June 1, 2010 ...... 370148 areas of McDowell 2010, The McDowell News. McDowell County, 60 East Court County (09–04– Street, Marion, NC 28752. 1274P). Wake ...... City of Raleigh (09– January 20, 2010, January 27, The Honorable Charles Meeker, Mayor, May 27, 2010 ...... 370243 04–4425P). 2010, The News & Observer. City of Raleigh, P.O. Box 590, Raleigh, NC 27602. Oregon: Clackamas ...... City of Lake Oswego January 7, 2010, January 14, The Honorable Jack Hoffman, Mayor, City May 14, 2010 ...... 410018 (09–10–0738P). 2010, Lake Oswego Review. of Lake Oswego, P.O. Box 369, Lake Oswego, OR 97034. Marion ...... City of Salem (09– December 24, 2009, December The Honorable Janet Taylor, Mayor, City April 30, 2010 ...... 410167 10–0105P). 31, 2009, Statesman Journal. of Salem, 555 Liberty Street Southeast, Salem, OR 97301. South Carolina: Lex- Unincorporated January 14, 2010, January 21, The Honorable Debra B. Summers, Chair, May 21, 2010 ...... 450129 ington. areas of Lexington 2010, The Lexington County Lexington County Council, 212 South County (10–04– Chronicle. Lake Drive, Lexington, SC 29072. 0151P). Tennessee: Wash- City of Johnson City January 14, 2010, January 21, Mr. M. Denis Peterson, City Manager, May 21, 2010 ...... 475432 ington. (09–04–5738P). 2010, Johnson City Press. City of Johnson City, 601 East Main Street, Johnson City, TN 37601. Texas:

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29210 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Bexar ...... City of San Antonio January 15, 2010, January 22, The Honorable Julian Castro, Mayor, City May 24, 2010 ...... 480045 (08–06–1091P). 2010, San Antonio Express- of San Antonio, P.O. Box 839966, San News. Antonio, TX 78283. Denton ...... City of Lewisville January 13, 2010, January 20, The Honorable Dean Ueckert, Mayor, City May 20, 2010 ...... 480195 (09–06–2230P). 2010, Lewisville Leader. of Lewisville, P.O. Box 299002, Lewisville, TX 75029. Harris ...... City of Houston (09– January 14, 2010, January 21, The Honorable Annise D. Parker, Mayor, December 31, 2009 ...... 480296 06–2519P). 2010, Houston Chronicle. City of Houston, P.O. Box 1562, Hous- ton, TX 77251. Harris ...... Unincorporated January 14, 2010, January 21, The Honorable Edward J. Emmett, Harris December 31, 2009 ...... 480287 areas of Harris 2010, Houston Chronicle. County Judge, 1001 Preston Street, County (09–06– Suite 911, Houston, TX 77002. 2519P). Travis ...... City of Pflugerville January 14, 2010, January 21, The Honorable Jeff Coleman, Mayor, City December 31, 2009 ...... 481028 (09–06–2902P). 2010, Pflugerville Pflag. of Pflugerville, P.O. Box 589, Pflugerville, TX 78691. Virginia: City of City of Lynchburg January 15, 2010, January 22, The Honorable Joan F. Foster, Mayor, December 31, 2009 ...... 510093 Lynchburg. (09–03–1318P). 2010, News & Advance. City of Lynchburg, 900 Church Street, Lynchburg, VA 24504.

(Catalog of Federal Domestic Assistance No. Mitigation Administrator reconsider the required by 44 CFR 60.3, are the 97.022, ‘‘Flood Insurance.’’) changes. The modified BFEs may be minimum that are required. They Dated: April 30, 2010. changed during the 90-day period. should not be construed to mean that Sandra K. Knight, ADDRESSES: The modified BFEs for each the community must change any Deputy Federal Insurance and Mitigation community are available for inspection existing ordinances that are more Administrator, Mitigation, Department of at the office of the Chief Executive stringent in their floodplain Homeland Security, Federal Emergency Officer of each community. The management requirements. The Management Agency. respective addresses are listed in the community may at any time enact [FR Doc. 2010–12479 Filed 5–24–10; 8:45 am] table below. stricter requirements of its own or BILLING CODE 9110–12–P FOR FURTHER INFORMATION CONTACT: pursuant to policies established by other Kevin C. Long, Acting Chief, Federal, State, or regional entities. The Engineering Management Branch, changes in BFEs are in accordance with DEPARTMENT OF HOMELAND Mitigation Directorate, Federal 44 CFR 65.4. SECURITY Emergency Management Agency, 500 C National Environmental Policy Act. Street SW., Washington, DC 20472, This interim rule is categorically Federal Emergency Management (202) 646–2820, or (e-mail) excluded from the requirements of 44 Agency [email protected]. CFR part 10, Environmental Consideration. An environmental 44 CFR Part 65 SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each impact assessment has not been [Docket ID FEMA–2010–0003; Internal community in this interim rule. prepared. Agency Docket No. FEMA–B–1118] However, the address of the Chief Regulatory Flexibility Act. As flood Changes in Flood Elevation Executive Officer of the community elevation determinations are not within Determinations where the modified BFE determinations the scope of the Regulatory Flexibility are available for inspection is provided. Act, 5 U.S.C. 601–612, a regulatory AGENCY: Federal Emergency Any request for reconsideration must flexibility analysis is not required. Management Agency, DHS. be based on knowledge of changed Regulatory Classification. This ACTION: Interim rule. conditions or new scientific or technical interim rule is not a significant data. regulatory action under the criteria of SUMMARY: This interim rule lists The modifications are made pursuant section 3(f) of Executive Order 12866 of communities where modification of the to section 201 of the Flood Disaster September 30, 1993, Regulatory Base (1% annual-chance) Flood Protection Act of 1973, 42 U.S.C. 4105, Planning and Review, 58 FR 51735. Elevations (BFEs) is appropriate because and are in accordance with the National of new scientific or technical data. New Flood Insurance Act of 1968, 42 U.S.C. Executive Order 13132, Federalism. flood insurance premium rates will be 4001 et seq., and with 44 CFR part 65. This interim rule involves no policies calculated from the modified BFEs for For rating purposes, the currently that have federalism implications under new buildings and their contents. effective community number is shown Executive Order 13132, Federalism. DATES: These modified BFEs are and must be used for all new policies Executive Order 12988, Civil Justice currently in effect on the dates listed in and renewals. Reform. This interim rule meets the the table below and revise the Flood The modified BFEs are the basis for applicable standards of Executive Order Insurance Rate Maps (FIRMs) in effect the floodplain management measures 12988. prior to this determination for the listed that the community is required either to communities. adopt or to show evidence of being List of Subjects in 44 CFR Part 65 From the date of the second already in effect in order to qualify or Flood insurance, Floodplains, publication of these changes in a to remain qualified for participation in Reporting and recordkeeping newspaper of local circulation, any the National Flood Insurance Program requirements. person has ninety (90) days in which to (NFIP). request through the community that the These modified BFEs, together with ■ Accordingly, 44 CFR part 65 is Deputy Federal Insurance and the floodplain management criteria amended to read as follows:

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29211

PART 65—[AMENDED] Authority: 42 U.S.C. 4001 et seq.; § 65.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, ■ 2. The tables published under the ■ 1. The authority citation for part 65 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 65.4 are amended as continues to read as follows: 3 CFR, 1979 Comp., p. 376. follows:

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Arizona: Maricopa ...... City of Surprise ...... March 11, 2010; March 18, The Honorable Lyn Truitt, Mayor, City of February 25, 2010 ...... 040053 (09–09–2388P) ...... 2010; Arizona Business Ga- Surprise, 16000 North Civic Center zette. Plaza, Surprise, AZ 85374. Maricopa ...... Unincorporated March 11, 2010; March 18, The Honorable Andrew W. Kunasek, February 25, 2010 ...... 040037 areas of Maricopa 2010; Arizona Business Ga- Chairman, Maricopa County Board of County. zette. Supervisors, 301 West Jefferson Street, (09–09–2388P) ...... 10th Floor, Phoenix, AZ 85003. Florida: Alachua ...... Unincorporated March 16, 2010; March 22, The Honorable Cynthia Moore Chestnut, February 26, 2010 ...... 120001 areas of Alachua 2010; The Gainesville Sun. Chairman, Alachua County Board of County. Commissioners, P.O. Box 2877, (09–04–5275P) ...... Gainesville, FL 32602. Duvall ...... City of Jacksonville March 5, 2010; March 12, The Honorable John Peyton, Mayor, City July 9, 2010 ...... 120077 (10–04–1198P) ...... 2010; Jacksonville Daily of Jacksonville, 117 West Duval Street, Record. Jacksonville, FL 32202. Monroe ...... Unincorporated March 8, 2010; March 15, The Honorable Sylvia Murphy, Mayor, February 26, 2010 ...... 125129 areas of Monroe 2010; Key West Citizen. Monroe County, 102050 Overseas County. Highway, Suite 234, Key Largo, FL (09–04–8247P) ...... 33037. Seminole ...... City of Lake Mary .... March 5, 2010; March 12, The Honorable David Mealor, Mayor, City February 24, 2010 ...... 120416 (10–04–0356P) ...... 2010; Orlando Sentinel. of Lake Mary, P.O. Box 958445, Lake Mary, FL 32795. Idaho: Teton ...... Unincorporated February 18, 2010; February The Honorable Larry Young, Chairman, June 25, 2010 ...... 160230 areas of Teton 25, 2010; Teton Valley News. Teton County Board of Commissioners, County. 150 Courthouse Drive, Driggs, ID (09–10–0567P) ...... 83422. Kansas: Johnson ..... City of Overland March 10, 2010; March 17, The Honorable Carl Gerlach, Mayor, City February 26, 2010 ...... 200174 Park. 2010; The Johnson County of Overland Park, 8500 Santa Fe Drive, (09–07–1561P) ...... Sun. Overland Park, KS 66212. Kentucky: Lexington- Lexington-Fayette March 15, 2010; March 22, The Honorable Jim Newberry, Mayor, March 29, 2010 ...... 210067 Fayette Urban Urban County 2010; Lexington Herald- Lexington-Fayette Urban County, Gov- County Govern- Government. Leader. ernment, 200 East Main Street, 12th ment. (09–04–6917P) ...... Floor, Lexington, KY 40507. North Carolina: Dur- City of Durham ...... February 24, 2010; March 3, The Honorable William V. Bell, Mayor, July 1, 2010 ...... 370086 ham. (08–04–3771P) ...... 2010; The Herald Sun. City of Durham, 101 City Hall Plaza, Durham, NC 27701. Texas: Comal and Gua- City of Schertz ...... March 11, 2010; March 18, The Honorable Hal Baldwin, Mayor, City July 16, 2010 ...... 480269 dalupe. (09–06–2056P) ...... 2010; Northeast Herald. of Schertz, 1400 Schertz Parkway, Schertz, TX 78154. Comal and Gua- City of Selma ...... March 11, 2010; March 18, The Honorable Jim Parma, Mayor, City of July 16, 2010 ...... 480046 dalupe. (09–06–2056P) ...... 2010; Northeast Herald. Selma, 9375 Corporate Drive, Selma, TX 78154. Gregg ...... City of Longview ...... March 5, 2010; March 12, The Honorable Jay Dean, Mayor, City of July 12, 2010 ...... 480264 (09–06–1728P) ...... 2010; Longview News-Jour- Longview, P.O. Box 1952, Longview, nal. TX 75606. Tarrant ...... City of Hurst ...... December 18, 2008; December The Honorable Richard Ward, Mayor, City April 26, 2010 ...... 480601 (09–06–2085P) ...... 25, 2009; Star-Telegram. of Hurst, 1505 Precinct Line Road, Hurst, TX 76054. Virginia: Loudoun .... Unincorporated March 10, 2010; March 17, The Honorable Scott K. York, Chairman, March 22, 2010 ...... 510090 areas of Loudoun 2010; Loudoun Times-Mirror. Loudoun County, P.O. Box 7000, Lees- County. burg, VA 20177. (09–03–1375P) ......

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND SUMMARY: Modified Base (1% annual- 97.022, ‘‘Flood Insurance.’’) SECURITY chance) Flood Elevations (BFEs) are Dated: April 30, 2010. finalized for the communities listed Federal Emergency Management below. These modified BFEs will be Sandra K. Knight, Agency used to calculate flood insurance Deputy Federal Insurance and Mitigation premium rates for new buildings and Administrator, Mitigation, Department of 44 CFR Part 65 their contents. Homeland Security, Federal Emergency Management Agency. [Docket ID FEMA–2010–0003] DATES: The effective dates for these [FR Doc. 2010–12484 Filed 5–24–10; 8:45 am] modified BFEs are indicated in the Changes in Flood Elevation following table and revise the Flood BILLING CODE 9110–12–P Determinations Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this AGENCY: Federal Emergency date. Management Agency, DHS. ADDRESSES: The modified BFEs for each ACTION: Final rule. community are available for inspection

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29212 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

at the office of the Chief Executive and must be used for all new policies the scope of the Regulatory Flexibility Officer of each community. The and renewals. Act, 5 U.S.C. 601–612, a regulatory respective addresses are listed in the The modified BFEs are the basis for flexibility analysis is not required. table below. the floodplain management measures Regulatory Classification. This final FOR FURTHER INFORMATION CONTACT: that the community is required either to rule is not a significant regulatory action Kevin C. Long, Acting Chief, adopt or to show evidence of being under the criteria of section 3(f) of Engineering Management Branch, already in effect in order to qualify or Executive Order 12866 of September 30, Mitigation Directorate, Federal to remain qualified for participation in 1993, Regulatory Planning and Review, Emergency Management Agency, 500 C the National Flood Insurance Program 58 FR 51735. Street SW., Washington, DC 20472, (NFIP). These modified BFEs, together with Executive Order 13132, Federalism. (202) 646–2820, or (e-mail) This final rule involves no policies that [email protected]. the floodplain management criteria required by 44 CFR 60.3, are the have federalism implications under SUPPLEMENTARY INFORMATION: The minimum that are required. They Executive Order 13132, Federalism. Federal Emergency Management Agency should not be construed to mean that Executive Order 12988, Civil Justice (FEMA) makes the final determinations the community must change any Reform. This final rule meets the listed below for the modified BFEs for existing ordinances that are more applicable standards of Executive Order each community listed. These modified stringent in their floodplain 12988. BFEs have been published in management requirements. The newspapers of local circulation and community may at any time enact List of Subjects in 44 CFR Part 65 ninety (90) days have elapsed since that stricter requirements of its own or Flood insurance, Floodplains, publication. The Deputy Federal pursuant to policies established by other Reporting and recordkeeping Insurance and Mitigation Administrator Federal, State, or regional entities. requirements. has resolved any appeals resulting from These modified BFEs are used to meet this notification. the floodplain management ■ Accordingly, 44 CFR part 65 is The modified BFEs are not listed for requirements of the NFIP and also are amended to read as follows: each community in this notice. used to calculate the appropriate flood However, this final rule includes the insurance premium rates for new PART 65—[AMENDED] address of the Chief Executive Officer of buildings built after these elevations are ■ 1. The authority citation for part 65 the community where the modified BFE made final, and for the contents in these continues to read as follows: determinations are available for buildings. The changes in BFEs are in inspection. accordance with 44 CFR 65.4. Authority: 42 U.S.C. 4001 et seq.; The modified BFEs are made pursuant National Environmental Policy Act. Reorganization Plan No. 3 of 1978, 3 CFR, to section 206 of the Flood Disaster This final rule is categorically excluded 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Protection Act of 1973, 42 U.S.C. 4105, from the requirements of 44 CFR part 3 CFR, 1979 Comp., p.376. and are in accordance with the National 10, Environmental Consideration. An § 65.4 [Amended] Flood Insurance Act of 1968, 42 U.S.C. environmental impact assessment has 4001 et seq., and with 44 CFR part 65. not been prepared. ■ 2. The tables published under the For rating purposes, the currently Regulatory Flexibility Act. As flood authority of § 65.4 are amended as effective community number is shown elevation determinations are not within follows:

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

California: Shasta City of Shasta Lake July 20, 2009; July 27, 2009; Ms. Carol Martin, City of Shasta Lake July 10, 2009 ...... 060758 (FEMA Docket (09–09–0170P). Record Searchlight. Manager, P.O. Box 777, Shasta Lake, No.: B–1077). CA 96019. Colorado: El Paso (FEMA City of Colorado July 8, 2009; July 15, 2009; El The Honorable Lionel Rivera, Mayor, City June 30, 2009 ...... 080060 Docket No.: Springs (09–08– Paso County Advertiser and of Colorado Springs, 30 South Nevada B–1077). 0556P). News. Avenue, Colorado Springs, CO 80903. Jefferson City of Westminster July 9, 2009; July 16, 2009; The Honorable Nancy McNally, Mayor, November 13, 2009 ...... 080008 (FEMA Dock- (09–08–0595P). Westminster Window. City of Westminster, 4800 West 92nd et No.: B– Avenue, Westminster, CO 80031. 1073). Florida: Alachua (FEMA City of Alachua (09– June 3, 2009; June 10, 2009; The Honorable Jean Calderwood, Mayor, October 8, 2009 ...... 120664 Docket No.: 04–0431P). The Gainesville Sun. City of Alachua, P.O. Box 9, Alachua, B–1073). FL 32616. Alachua (FEMA Unincorporated June 3, 2009; June 10, 2009; The Honorable Mike Byerly, Chairman, October 8, 2009 ...... 120001 Docket No.: areas of Alachua The Gainesville Sun. Alachua County Board of Commis- B–1073). County (09–04– sioners, P.O. Box 2877, Gainesville, FL 0431P). 32602. Collier (FEMA City of Marco Island July 20, 2009; July 27, 2009; Mr. Steven T. Thompson, City of Marco July 7, 2009 ...... 120426 Docket No.: (09–04–4108P). Naples Daily News. Island Manager, 50 Bald Eagle Drive, B–1073). Marco Island, FL 34145. Lake (FEMA Town of Lady Lake July 10, 2009; July 17, 2009; The Honorable Ruth Kussard, Mayor Pro- November 16, 2009 ...... 120613 Docket No.: (09–04–2296P). Daily Commercial. Tem, Town of Lady Lake, 409 Fennell B–1073). Boulevard, Lady Lake, FL 32159. Lake (FEMA Unincorporated July 10, 2009; July 17, 2009; The Honorable Welton G. Cadwell, Chair- November 16, 2009 ...... 120421 Docket No.: areas of Lake Daily Commercial. man, Lake County Board of Commis- B–1073). County (09–04– sioners, P.O. Box 7800, Tavares, FL 2296P). 32778.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29213

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Idaho: Ada (FEMA Unincorporated July 24, 2009; July 31, 2009; The Honorable Fred Tilman, Chairman, July 15, 2009 ...... 160001 Docket No.: B– areas of Ada Idaho Statesman. Ada County Board of Commissioners, 1073). County (09–10– 200 West Front Street, Boise, ID 83702. 0029P). Illinois: Douglas (FEMA City of Tuscola (09– July 15, 2009; July 22, 2009; The Honorable Daniel J. Kleiss, Mayor, June 30, 2009 ...... 170195 Docket No.: 05–1421P). Tuscola Journal. City of Tuscola, 214 North Main Street, B–1073). Tuscola, IL 61953. Douglas (FEMA Unincorporated July 15, 2009; July 22, 2009; The Honorable Wayne Schable, Chair, June 30, 2009 ...... 170194 Docket No.: areas of Douglas Tuscola Journal. Douglas County Board of Supervisors, B–1073). County (09–05– P.O. Box 467, Tuscola, IL 61953. 1421P). Maryland: Mont- Unincorporated July 30, 2009; August 6, 2009; The Honorable Isiah Leggett, Mont- July 24, 2009 ...... 240049 gomery (FEMA areas of Mont- Montgomery County Sentinel. gomery County Executive, Executive Docket No.: B– gomery County Office Building, 101 Monroe Street, 2nd 1077). (09–03–0599P). Floor, Rockville, MD 20850. Nevada: Clark Unincorporated July 9, 2009; July 16, 2009; The Honorable Rory Reid, Chair, Clark June 25, 2009 ...... 320003 (FEMA Docket areas of Clark Las Vegas, Review-Journal. County Board of Commissioners, 500 No.: B–1073). County (09–09– South Grand Central Parkway, Las 1287P). Vegas, NV 89106. North Carolina: Cabarrus City of Kannapolis July 15, 2009; July 22, 2009; The Honorable Robert S. Misenheimer, July 6, 2009 ...... 370469 (FEMA Dock- (08–04–5265P). Independent Tribune. Mayor, City of Kannapolis, P.O. Box et No.: B– 1199, Kannapolis, NC 28082. 1073). Cabarrus Unincorporated July 15, 2009; July 22, 2009; Mr. John D. Day, Manager, Cabarrus July 6, 2009 ...... 370036 (FEMA Dock- areas of Cabarrus The Charlotte Observer. County Governmental Center, P.O. Box et No.: B– County (08–04– 707, Concord, NC 28026. 1073). 5265P). Ohio: Lorain (FEMA City of Avon (08–05– January 12, 2009; January 19, The Honorable James A. Smith, Mayor, December 31, 2008 ...... 390348 Docket No.: B– 2056P). 2009; Morning Journal. City of Avon 36080 Chester Road 1077). Avon, OH 44011. Oklahoma: Canadian City of Oklahoma July 16, 2009; July 23, 2009; The Honorable Mick Cornett, Mayor, City July 2, 2009 ...... 405378 (FEMA Dock- City (09–06– The Oklahoman. of Oklahoma City, 200 North Walker et No.: B– 0829P). Street, 3rd Floor, Oklahoma City, OK 1073). 73102. Comanche City of Lawton (08– July 20, 2009; July 27, 2009; The Honorable John Purcell, Mayor, City July 15, 2009 ...... 400049 (FEMA Dock- 06–1958P). Lawton Constitution. of Lawton, 3006 Northeast Muse Circle, et No.: B– Lawton, OK 72507. 1077). Tennessee: Rutherford Town of Smyrna July 8, 2009; July 15, 2009; The Honorable Bobby G. Spivey, Mayor, November 12, 2009 ...... 470169 (FEMA Dock- (09–04–2810P). Daily News Journal. Town of Smyrna, 315 South Lowry et No.: B– Street, Smyrna, TN 37167. 1073). Rutherford Unincorporated July 8, 2009; July 15, 2009; The Honorable Ernest Burgess, Mayor, November 12, 2009 ...... 470165 (FEMA Dock- areas of Ruther- Daily News Journal. Rutherford County, County Courthouse, et No.: B– ford County (09– Room 101, Murfreesboro, TN 37130. 1073). 04–3370P). Wilson (FEMA Unincorporated July 8, 2009; July 15, 2009; The Honorable Robert Dedman, County November 12, 2009 ...... 470165 Docket No.: areas of Wilson Wilson Post. Mayor, Wilson County, 228 East Main B–1073). County (09–04– Street, Lebanon, TN 37087. 3370P). Texas: Fort Bend Fort Bend County July 23, 2009; July 30, 2009; The Honorable Epifanio Salazar, Chair- July 17, 2009 ...... 481594 (FEMA Dock- L.I.D. #7 (09–06– Fort Bend Sun. man, Board of Directors, Fort Bend et No.: B– 1930P). County L.I.D. #7, 1300 Post Oak Boule- 1077). vard, Suite 1400, Houston, TX 77027. Fort Bend City of Sugar Land July 23, 2009; July 30, 2009; The Honorable James A. Thompson, July 17, 2009 ...... 480234 (FEMA Dock- (09–06–1930P). Fort Bend Sun. Mayor, City of Sugar Land, P.O. Box et No.: B– 110, Sugar Land, TX 77487. 1077). Fort Bend Unincorporated July 23, 2009; July 30, 2009; The Honorable Robert E. Hebert, PhD, July 17, 2009 ...... 480228 (FEMA Dock- areas of Fort Bend Fort Bend Sun. Fort Bend County Judge, 301 Jackson et No.: B– County (09–06– Street, Richmond, TX 77469. 1077). 1930P). McLennan City of Waco (09– June 26, 2009; July 3, 2009; The Honorable Virginia DuPuy, Mayor, November 2, 2009 ...... 480461 (FEMA Dock- 06–0597P). Waco Tribune-Herald. City of Waco, P.O. Box 2570, Waco, et No.: B– TX 76702. 1073). McLennan Unincorporated June 26, 2009; July 3, 2009; The Honorable Jim Lewis, McLennan November 2, 2009 ...... 480456 (FEMA Dock- areas of Waco Tribune-Herald. County Judge, P.O. Box 1728, Waco, et No.: B– McLennan County TX 76701. 1073). (09–06–0597P). Travis (FEMA City of Pflugerville July 30, 2009 August 6, 2009; The Honorable Jeff Coleman, Mayor, City December 4, 2009 ...... 481028 Docket No.: (09–06–0609P). Austin American-Statesman. of Pflugerville, P.O. Box 589, B–1077). Pflugerville, TX 78691. Travis (FEMA City of Pflugerville July 23, 2009; July 30, 2009; The Honorable Jeff Coleman, Mayor, City November 30, 2009 ...... 481028 Docket No.: (09–06–1373P). Pflugerville Pflag. of Pflugerville, P.O. Box 589 B–1073). Pflugerville, TX 78691.

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29214 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations

Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.

Travis (FEMA Unincorporated July 30, 2009 August 6, 2009; The Honorable Samuel T. Biscoe, Travis December 4, 2009 ...... 481026 Docket No.: areas of Travis Austin American-Statesman. County Judge, 314 West 11th Street, B–1077). County (09–06– Suite 520, Austin, TX 78701. 0609P). Webb (FEMA City of Laredo (08– July 10, 2009; July 17, 2009; The Honorable Raul G. Salinas, Mayor, November 16, 2009 ...... 480651 Docket No.: 06–2270P). Laredo Morning Times. City of Laredo, 1110 Houston Street, B–1077). Laredo, TX 78040. Webb (FEMA City of Laredo (08– July 9, 2009; July 16, 2009; La- The Honorable Raul G. Salinas, Mayor, November 10, 2009 ...... 480651 Docket No.: 06–2721P). redo Morning Times. City of Laredo, 1110 Houston Street, B–1077). Laredo, TX 78040. Webb (FEMA Unincorporated August 4, 2009; August 11, The Honorable Danny Valdez, Webb July 28, 2009 ...... 481059 Docket No.: areas of Webb 2009; Laredo Morning Times. County Judge, Webb County Court- B–1077). County (09–06– house, 1000 Houston Street, 3rd Floor, 1293P). Laredo, TX 78040. Virginia: Loudoun Town of Leesburg June 24, 2009; July 1, 2009; The Honorable Kristen C. Umstattd, October 29, 2009 ...... 510091 (FEMA Docket (08–03–1561P). Loudoun Times-Mirror. Mayor, Town of Leesburg, P.O. Box 88, No.: B–1073). Leesburg, VA 20178. Wisconsin: Dane (FEMA Village of De Forest July 24, 2009; July 31, 2009; The Honorable Jeff Miller, Village Presi- July 15, 2009 ...... 550082 Docket No.: (09–05–0486P). Wisconsin State Journal. dent, Village of De Forest, 306 De For- B–1077). est Street, De Forest, WI 53532. Dane (FEMA Unincorporated July 24, 2009; July 31, 2009; The Honorable Kathleen M. Falk, Dane July 15, 2009 ...... 550077 Docket No.: areas of Dane Wisconsin State Journal. County Executive, City County Building, B–1077). County (09–05– Room 118, 210 Martin Luther King, Jr. 0486P). Boulevard, Madison, WI 53703. Wyoming: Sweet- City of Rock Springs July 14, 2009; July 21, 2009; The Honorable Timothy A. Kaumo, November 18, 2009 ...... 560051 water (FEMA (09–08–0320P). Rock Springs Daily Rock- Mayor, City of Rock Springs, 212 D Docket No.: B– et-Miner. Street, Rock Springs, WY 82901. 1073).

(Catalog of Federal Domestic Assistance No. Dated: April 30, 2010. 97.022, ‘‘Flood Insurance.’’) Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–12487 Filed 5–24–10; 8:45 am] BILLING CODE 9110–12–P

VerDate Mar<15>2010 14:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\25MYR1.SGM 25MYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 29215

Proposed Rules Federal Register Vol. 75, No. 100

Tuesday, May 25, 2010

This section of the FEDERAL REGISTER H–6412, 1401 Constitution Avenue, nonprocurement suspension and contains notices to the public of the proposed NW., Washington, DC 20230. debarment in 2 CFR part 180. issuance of rules and regulations. The • Hand Delivery/Courier: Same As the next step in that process, OMB purpose of these notices is to give interested Address as Above. proposed for comment (73 FR 55776, persons an opportunity to participate in the Instructions: All submissions received September 26, 2008) and finalized (74 rule making prior to the adoption of the final must include the agency name and FR 28149, June 15, 2009) rules. Regulatory Information Number (RIN) Governmentwide guidance with policies for this rulemaking. All comments and procedures to implement drug-free DEPARTMENT OF COMMERCE received will be posted without change workplace requirements for financial to Regulations.gov, including any assistance. The guidance requires each Office of the Secretary personal information provided. agency to replace the common rule on FOR FURTHER INFORMATION CONTACT: Gary drug-free workplace requirements that 2 CFR Part 1329 Johnson, [email protected], the agency previously issued in its own 202 482–1679. CFR title with a brief regulation in 2 15 CFR Part 29 SUPPLEMENTARY INFORMATION: CFR adopting the Governmentwide policies and procedures. One advantage [Docket No. 0907271171–91172–01] Background of this approach is that it reduces the RIN 0605–AA28 The Drug-Free Workplace Act of 1988, total volume of drug-free workplace Public Law 100–690, Title V, Subtitle D; regulations. A second advantage is that U.S. Department of Commerce 41 U.S.C. 701, et seq., was enacted as a it collocates OMB’s guidance and all of Implementation of OMB Guidance on part of omnibus drug legislation on the agencies’ implementing regulations Drug-Free Workplace Requirements November 18, 1988. Federal agencies in 2 CFR. AGENCY: U.S. Department of Commerce, issued an interim final common rule to The Current Regulatory Actions implement the act as it applied to grants Office of the Secretary. As the OMB guidance requires, the (54 FR 4946, January 31, 1989). The rule ACTION: Proposed rule. Department of Commerce is taking two was a subpart of the Governmentwide regulatory actions. First, we are SUMMARY: The U.S. Department of common rule on nonprocurement proposing to remove the drug-free Commerce is proposing to remove its suspension and debarment. The workplace common rule from 15 CFR regulation implementing the agencies issued a final common rule Part 29. Second, to replace the common Governmentwide common rule on drug- after consideration of public comments rule, we propose to issue a brief free workplace requirements for (55 FR 21681, May 25, 1990). financial assistance, and issuing a new The agencies proposed an update to regulation in 2 CFR Part 1329 to adopt regulation to adopt the Office of the drug-free workplace common rule in the Governmentwide policies and Management and Budget (OMB) 2002 (67 FR 3266, January 23, 2002) and procedures in the OMB guidance. guidance. This regulatory action finalized it in 2003 (68 FR 66534, Invitation to Comment implements the OMB’s initiative to November 26, 2003). The updated Taken together, these regulatory streamline and consolidate into one title common rule was redrafted in plain actions are solely an administrative of the CFR all Federal regulations on language and adopted as a separate part simplification and are not intended to drug-free workplace requirements for independent from the common rule on make any substantive change in policies financial assistance. These changes nonprocurement suspension and or procedures. In soliciting comments constitute an administrative debarment. Based on an amendment to on these actions, we therefore are not simplification that would make no the drug-free workplace requirements in seeking to revisit substantive issues that substantive change in U.S. Department 41 U.S.C. 702 (Pub. L. 105–85, div. A, were resolved during the development of Commerce policy or procedures for title VIII, Sec. 809, Nov. 18, 1997, 111 of the final common rule in 2003. We drug-free workplace. Stat. 1838), the update also allowed are inviting comments specifically on DATES: Submit comments by June 24, multiple enforcement options from any unintended changes in substantive 2010 on any unintended changes this which agencies could select, rather than content that the new part in 2 CFR action makes in U.S. Department of requiring use of a certification in all would make relative to the common rule Commerce policies and procedures for cases. at 15 CFR part 29. drug-free workplace. All comments on When it established Title 2 of the CFR unintended changes will be considered as the new central location for OMB Executive Order 12866 and, if warranted, U.S. Department of guidance and agency implementing OMB has determined this rule to be Commerce will revise the rule. regulations concerning grants and not significant for purposes of E.O. ADDRESSES: You may submit comments, agreements (69 FR 26276, May 11, 12866. identified by RIN 0605–AA28, by any of 2004), OMB announced its intention to Regulatory Flexibility Act of 1980 the following methods: replace common rules with OMB • Federal eRulemaking Portal: http:// guidance that agencies could adopt in (5 U.S.C. 605(b)) www.regulations.gov. Follow the brief regulations. OMB began that Pursuant to section 605(b), the Chief instructions for submitting comments. process by proposing (70 FR 51863, Council for Regulations certified to the • Mail: Gary Johnson, Office of August 31, 2005) and finalizing (71 FR Chief Council for Advocacy at the Small Acquisition Management, U.S. 66431, November 15, 2006) Business Administration that the Department of Commerce, Room Governmentwide guidance on attached proposed rule, if adopted, will

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29216 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

not have a significant economic impact Reporting and recordkeeping who is an individual violated the on a substantial number of small requirements. requirements of this part? entities. Subpart F—[Reserved] The U.S. Department of Commerce is 15 CFR Part 29 proposing to remove its regulation Administrative practice and Authority: 5 U.S.C. 301; 41 U.S.C. 701– implementing the Governmentwide procedure, Drug abuse, Grant programs, 707. common rule on drug-free workplace Reporting and recordkeeping requirements for financial assistance, requirements. § 1329.10 What does this part do? currently located within part 29 of title Issued on May 20, 2010 at Washington, DC. This part requires that the award and 15 of the Code of Federal Regulations Helen Hurcombe, administration of Department of (CFR), and issuing a new regulation to Commerce grants and cooperative adopt the Office of Management and Director for Acquisition Management and Procurement Executive. agreements comply with Office of Budget (OMB) guidance at 2 CFR part Management and Budget (OMB) Accordingly, for the reasons set forth 182. This regulatory action implements guidance implementing the portion of in the preamble, and under the the OMB’s initiative to streamline and the Drug-Free Workplace Act of 1988 authority of 5 U.S.C. 301 and 41 U.S.C. consolidate into one title of the CFR all (41 U.S.C. 701–707, as amended, 701 et seq., the U. S. Department of Federal regulations on drug-free hereafter referred to as ‘‘the Act’’) that Commerce proposes to add 2 CFR 1329 workplace requirements for financial applies to grants. It thereby— and remove 15 CFR 29 as follows: assistance. This regulatory change does (a) Gives regulatory effect to the OMB not impact any small entities as these Title 2 guidance (subparts A through F of 2 changes constitute an administrative CFR part 182) for the Department of 1. Add part 1329 in subtitle B, chapter simplification that would make no Commerce’s grants and cooperative 13, to read as follows: substantive change in U.S. Department agreements; and of Commerce policy or procedures for a PART 1329–REQUIREMENTS FOR (b) Establishes Department of drug-free workplace. For the reasons set DRUG-FREE WORKPLACE Commerce policies and procedures for forth above, this action will not have a (FINANCIAL ASSISTANCE) compliance with the Act that are the significant impact on a substantial same as those of other Federal agencies, number of small entities. Sec. in conformance with the requirement in Unfunded Mandates Act of 1995 (Sec. 1329.10 What does this part do? 41 U.S.C. 705 for Governmentwide 1329.20 Does this Part apply to me? implementing regulations. 202, Pub. L. 104–4) 1329.30 What policies and procedures must This regulatory action does not I follow? § 1329.20 Does this part apply to me? contain a Federal mandate that will Subpart A—[Reserved] This part and, through this part, result in the expenditure by State, local, pertinent portions of the OMB guidance and Tribal governments, in aggregate, or Subpart B—Requirements for Recipients Other Than Individuals in subparts A through F of 2 CFR part by the private sector of $100 million or 182 (see table at 2 CFR 182.115(b)) more in any one year. 1329.225 Whom in the Department of apply to you if you are a— Commerce does a recipient other than an Paperwork Reduction Act of 1995 (44 individual notify about a criminal drug (a) Recipient of a Department of U.S.C., Chapter 35) conviction? Commerce grant or cooperative agreement; or This regulatory action will not impose Subpart C—Requirements for Recipients (b) Department of Commerce any additional reporting or Who Are Individuals awarding official. recordkeeping requirements under the 1329.300 Whom in the Department of Paperwork Reduction Act. Commerce does a recipient who is an § 1329.30 What policies and procedures individual notify about a criminal drug must I follow? Federalism (Executive Order 13132) conviction? (a) General. You must follow the This proposed regulatory action does Subpart D—Responsibilities of Agency policies and procedures specified in not have Federalism implications, as set Awarding Officials applicable sections of the OMB forth in Executive Order 13132. It will guidance in subparts A through F of 2 not have substantial direct effects on the 1329.400 What method do I use as an agency awarding official to obtain a CFR part 182, as implemented by this States, on the relationship between the recipient’s agreement to comply with the part. national government and the States, or OMB guidance? (b) Specific sections of OMB guidance on the distribution of power and that this part supplements. In responsibilities among the various Subpart E—Violations of This Part and Consequences implementing the OMB guidance in 2 levels of government. CFR part 182, this part supplements 1329.500 Who in the Department of List of Subjects Commerce determines that a recipient four sections of the guidance, as shown in the following table. For each of those 2 CFR Part 1329 other than an individual violated the requirements of this part? sections, you must follow the policies Administrative practice and 1329.505 Who in the Department of and procedures in the OMB guidance, as procedure, Drug abuse, Grant programs, Commerce determines that a recipient supplemented by this part.

Section in this Section of OMB guidance part where sup- What the supplementation clarifies plemented

(1) 2 CFR 182.225(a) ...... § 1329.225 ...... Whom in the Department of Commerce a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29217

Section in this Section of OMB guidance part where sup- What the supplementation clarifies plemented

(2) 2 CFR 182.300(b) ...... § 1329.300 ...... Whom in the Department of Commerce a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. (3) 2 CFR 182.500 ...... § 1329.500 ...... Who in the Department of Commerce is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this Part. (4) 2 CFR 182.505 ...... § 1329.505 ...... Who in the Department of Commerce is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this Part.

(c) Sections of the OMB guidance that individual) of 2 CFR part 1329, which final rule to implement certification this part does not supplement. For any adopts the Governmentwide procedures for States seeking to qualify section of OMB guidance in subparts A implementation (2 CFR part 182) of sec. for the special Federal habeas corpus through F of 2 CFR part 182 that is not 5152–5158 of the Drug-Free Workplace review procedures in capital cases listed in paragraph (b) of this section, Act of 1988 (Pub. L. 100–690, Title V, afforded under chapter 154 of title 28 of Department of Commerce policies and Subtitle D; 41 U.S.C. 701–707). the United States Code. See Certification procedures are the same as those in the Process for State Capital Counsel OMB guidance. Subpart E—Violations of This Part and Systems, 73 FR 75327 (Dec. 11, 2008). Consequences A Federal district court issued an Subpart A—[Reserved] injunction requiring the Department to § 1329.500 Who in the Department of provide an additional public comment Subpart B—Requirements for Commerce determines that a recipient other than an individual violated the requirements period and publish a response to any Recipients Other Than Individuals of this Part? comments received during that period. § 1329.225 Whom in the Department of The Secretary of Commerce or The Department then solicited further Commerce does a recipient other than an designee. public comments. By this proposed rule, individual notify about a criminal drug the Department is proposing to remove conviction? § 1329.505 Who in the Department of the December 11, 2008 regulations. The A recipient other than an individual Commerce determines that a recipient who Department will issue new regulations that is required under 2 CFR 182.225(a) is an individual violated the requirements of on this subject by separate rulemaking to notify Federal agencies about an this Part? after the December 2008 regulations are employee’s conviction for a criminal The Secretary of Commerce or removed. drug offense must notify each designee. DATES: Written comments must be Department of Commerce office from postmarked and electronic comments which it currently has an award. Subpart F—Definitions [Reserved] must be submitted on or before June 24, Title 15, Commerce and Foreign Trade 2010. Commenters should be aware that Subpart C—Requirements for the electronic Federal Docket Recipients Who Are Individuals PART 29—[REMOVED AND Management System will not accept comments after Midnight Eastern Time § 1329.300 Whom in the Department of RESERVED] on the last day of the comment period. Commerce does a recipient who is an 2. Remove and reserve part 29. individual notify about a criminal drug ADDRESSES: Comments may be mailed to conviction? [FR Doc. 2010–12536 Filed 5–24–10; 8:45 am] Regulations Docket Clerk, Office of A recipient who is an individual and BILLING CODE 3510–03–P Legal Policy, Department of Justice, 950 is required under 2 CFR 182.300(b) to Pennsylvania Avenue, NW., Room 4234, notify Federal agencies about a Washington, DC 20530. To ensure conviction for a criminal drug offense DEPARTMENT OF JUSTICE proper handling, please reference OAG must notify each Department of Docket No. 1464 on your Commerce office from which it 28 CFR Part 26 correspondence. You may submit comments electronically or view an currently has an award. [Docket No. OJP 1464; AG Order No. 3157– 2010] electronic version of this proposed rule Subpart D—Responsibilities of Agency at http://www.regulations.gov. Awarding Officials RIN 1121–AA76 FOR FURTHER INFORMATION CONTACT: Molly J. Moran, Office of Legal Policy, § 1329.400 What method do I use as an Office of the Attorney General; agency awarding official to obtain a at (202) 514–4601 (not a toll-free Certification Process for State Capital number). recipient’s agreement to comply with the Counsel Systems; Removal of Final OMB guidance? Rule SUPPLEMENTARY INFORMATION: To obtain a recipient’s agreement to Posting of Public Comments. Please comply with applicable requirements in AGENCY: Office of the Attorney General, note that all comments received are the OMB guidance at 2 CFR part 182, Department of Justice. considered part of the public record and you must include the following term or ACTION: Notice of proposed rulemaking. made available for public inspection condition in the award: online at http://www.regulations.gov. Drug-free workplace. You as the SUMMARY: Pursuant to the USA Such information includes personal recipient must comply with drug-free PATRIOT Improvement and identifying information (such as your workplace requirements in subpart B (or Reauthorization Act of 2005, the name, address, etc.) voluntarily subpart C, if the recipient is an Department of Justice promulgated a submitted by the commenter.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29218 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

If you want to submit personal pursuant to that mechanism, petitioner 2649, 2009 WL 185423, at *10 (Jan. 20, identifying information (such as your validly waived counsel, petitioner 2009). Further public comment was name, address, etc.) as part of your retained counsel, or petitioner was solicited, with the comment period comment, but do not want it to be found not to be indigent.’’ 28 U.S.C. closing on April 6, 2009. 74 FR 6131. posted online, you must include the 2261(b). 28 U.S.C. 2265(a)(1) provides The Department has reviewed, but has phrase ‘‘PERSONAL IDENTIFYING that, in order for a State to qualify for not yet published a response to, this INFORMATION’’ in the first paragraph the special habeas procedures, the latest round of public comments. of your comment. You also must locate Attorney General must determine that all the personal identifying information ‘‘the State has established a mechanism Review of Additional Comments you do not want posted online in the for the appointment, compensation, and As the Department reviewed the first paragraph of your comment and payment of reasonable litigation submitted comments, it considered identify what information you want expenses of competent counsel in State further the statutory requirements redacted. postconviction proceedings brought by governing the regulatory If you want to submit confidential indigent [capital] prisoners’’ and that the implementation of the chapter 154 business information as part of your State ‘‘provides standards of competency certification procedures. The Attorney comment but do not want it to be posted for the appointment of counsel in [such General has determined that chapter 154 online, you must include the phrase proceedings].’’ reasonably could be construed to allow ‘‘CONFIDENTIAL BUSINESS Chapter 154 has been in place since the Attorney General greater discretion INFORMATION’’ in the first paragraph the enactment of the Antiterrorism and in making certification determinations of your comment. You also must Effective Death Penalty Act of 1996 than the December 11, 2008 regulations prominently identify confidential (Pub. L. 104–132), but was amended by allowed. For instance, chapter 154 business information to be redacted section 507 of Public Law 109–177, the reasonably could be construed to permit within the comment. If a comment has USA PATRIOT Improvement and the Attorney General to make so much confidential business Reauthorization Act of 2005 (‘‘the Act’’). certification determinations based on a information that it cannot be effectively Prior to the Act, the determination of a minimum Federal standard of counsel redacted, all or part of that comment State’s eligibility for the special habeas competency, so long as that standard may not be posted on http:// procedures had been left to the Federal leaves the States sufficient discretion in www.regulations.gov. habeas courts. The 2005 Act amended, establishing and applying their own Personal identifying information and inter alia, sections 2261(b) and 2265 of counsel competency standards, and to confidential business information title 28 to assign responsibility for certify only those State mechanisms that identified and located as set forth above chapter 154 certifications to the are adequate (including by providing will be placed in the agency’s public Attorney General of the United States, sufficient compensation) to ensure the docket file, but not posted online. If you subject to de novo review by the U.S. appointment of counsel who meet this wish to inspect the agency’s public Court of Appeals for the District of Federal standard. In light of the docket file in person by appointment, Columbia Circuit. availability of this discretion and please see the FOR FURTHER INFORMATION Rulemaking History concerns that the December 11, 2008 CONTACT paragraph. regulations unduly constrain it, the The reason the Department is Section 2265(b) directs the Attorney Attorney General has determined that requesting electronic comments before General to promulgate regulations to those regulations should not bind him Midnight Eastern Time on the day the implement the certification procedure. in making certification determinations comment period closes is that the inter- To fulfill this mandate, the Department pending the promulgation of a new rule. agency Regulations.gov/Federal Docket of Justice published a proposed rule in Therefore, by this proposed rule, the Management System (FDMS), which the Federal Register on June 6, 2007, Department is proposing to remove the receives electronic comments, that proposed adding a new subpart December 11, 2008 regulations pending terminates the public’s ability to submit entitled ‘‘Certification Process for State the completion of a new rulemaking comments at Midnight on the day the Capital Counsel Systems’’ to 28 CFR part process, during which the Department comment period closes. Commenters in 26. 72 FR 31217 (June 6, 2007). The will further consider what certification time zones other than Eastern may want comment period ended on August 6, procedures are appropriate. to take this fact into account so that 2007. The Department published a their electronic comments can be notice on August 9, 2007, reopening the Regulatory Certifications received. The constraints imposed by comment period, 72 FR 44816, and the Executive Order 12866—Regulatory the Regulations.gov/FDMS system do reopened comment period ended on Planning and Review not apply to U.S. postal comments, September 24, 2007. The final rule which will be considered as timely filed establishing the chapter 154 This action has been drafted and if they are postmarked before Midnight certification procedure was published reviewed in accordance with Executive on the day the comment period closes. on December 11, 2008, 73 FR 75327, Order 12866 Regulatory Planning and with an effective date of January 12, Review, § 1(b), Principles of Regulation. Overview 2009. The Department of Justice has Chapter 154 of title 28, United States The U.S. District Court for the determined that this rule is a Code, makes special procedures Northern District of California ‘‘significant regulatory action’’ under available to a State respondent in preliminarily enjoined the Department Executive Order 12866, section 3(f), Federal habeas corpus proceedings ‘‘during the pendency of these Regulatory Planning and Review, and, involving review of State capital proceedings from putting into effect the accordingly, this rule has been reviewed convictions, but only if the Attorney rule * * * without first providing an by the Office of Management and General has certified ‘‘that [the] State additional comment period of at least Budget. has established a mechanism for thirty days and publishing a response to providing counsel in postconviction any comments received during such Executive Order 13132—Federalism proceedings as provided in section period.’’ Habeas Corpus Res. Ctr. v. This regulation will not have 2265,’’ and if ‘‘counsel was appointed United States Dep’t of Justice, No. 08– substantial direct effects on the States,

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29219

on the relationship between the national DEPARTMENT OF HOMELAND determinations of BFEs and modified government and the States, or on SECURITY BFEs for each community listed below, distribution of power and in accordance with section 110 of the responsibilities among the various Federal Emergency Management Flood Disaster Protection Act of 1973, levels of government. This proposed Agency 42 U.S.C. 4104, and 44 CFR 67.4(a). rule merely proposes to remove the These proposed BFEs and modified December 11, 2008 regulations. 44 CFR Part 67 BFEs, together with the floodplain Therefore, in accordance with Executive [Docket ID FEMA–2010–0003; Internal management criteria required by 44 CFR Order 12612, it is determined that this Agency Docket No. FEMA–B–1089] 60.3, are the minimum that are required. rule does not have sufficient federalism They should not be construed to mean implications to warrant the preparation Proposed Flood Elevation that the community must change any of a Federalism Assessment. Determinations existing ordinances that are more stringent in their floodplain Executive Order 12988—Civil Justice AGENCY: Federal Emergency management requirements. The Reform Management Agency, DHS. community may at any time enact ACTION: This regulation meets the applicable Proposed rule. stricter requirements of its own or standards set forth in sections 3(a) and SUMMARY: Comments are requested on pursuant to policies established by other 3(b)(2) of Executive Order 12988. the proposed Base (1% annual-chance) Federal, State, or regional entities. These proposed elevations are used to Regulatory Flexibility Act Flood Elevations (BFEs) and proposed BFE modifications for the communities meet the floodplain management The Attorney General, in accordance listed in the table below. The purpose requirements of the NFIP and also are with the Regulatory Flexibility Act (5 of this notice is to seek general used to calculate the appropriate flood U.S.C. 605(b)), has reviewed this information and comment regarding the insurance premium rates for new regulation and by approving it certifies proposed regulatory flood elevations for buildings built after these elevations are that this regulation will not have a the reach described by the downstream made final, and for the contents in those significant economic impact on a and upstream locations in the table buildings. substantial number of small entities. below. The BFEs and modified BFEs are Comments on any aspect of the Flood This proposed rule merely proposes to a part of the floodplain management Insurance Study and FIRM, other than remove the December 11, 2008 measures that the community is the proposed BFEs, will be considered. regulations. required either to adopt or to show A letter acknowledging receipt of any comments will not be sent. Unfunded Mandates Reform Act of 1955 evidence of having in effect in order to qualify or remain qualified for National Environmental Policy Act. This rule will not result in the participation in the National Flood This proposed rule is categorically expenditure by State, local and Tribal Insurance Program (NFIP). In addition, excluded from the requirements of 44 governments, in the aggregate, or by the these elevations, once finalized, will be CFR part 10, Environmental private sector, of $100,000,000 or more used by insurance agents and others to Consideration. An environmental in any one year, and it will not calculate appropriate flood insurance impact assessment has not been significantly or uniquely affect small premium rates for new buildings and prepared. governments. Therefore, no actions were the contents in those buildings. Regulatory Flexibility Act. As flood deemed necessary under the provisions DATES: Comments are to be submitted elevation determinations are not within of the Unfunded Mandates Reform Act on or before August 23, 2010. the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory of 1995. ADDRESSES: The corresponding flexibility analysis is not required. List of Subjects in 28 CFR Part 26 preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each Executive Order 12866, Regulatory Law enforcement officers, Prisoners. community is available for inspection at Planning and Review. This proposed rule is not a significant regulatory action Accordingly, for the reasons set forth the community’s map repository. The respective addresses are listed in the under the criteria of section 3(f) of in the preamble, part 26 of chapter I of Executive Order 12866, as amended. title 28 of the Code of Federal table below. You may submit comments, identified Executive Order 13132, Federalism. Regulations is proposed to be amended This proposed rule involves no policies as follows: by Docket No. FEMA–B–1089, to Kevin C. Long, Acting Chief, Engineering that have federalism implications under PART 26—DEATH SENTENCES Management Branch, Mitigation Executive Order 13132. PROCEDURES Directorate, Federal Emergency Executive Order 12988, Civil Justice Management Agency, 500 C Street, SW., Reform. This proposed rule meets the 1. The authority citation for part 26 Washington, DC 20472, (202) 646–2820, applicable standards of Executive Order continues to read as follows: or (e-mail) [email protected]. 12988. Authority: 5 U.S.C. 301; 18 U.S.C. 4001(b), FOR FURTHER INFORMATION CONTACT: List of Subjects in 44 CFR Part 67 4002; 28 U.S.C. 509, 510, 2261, 2265. Kevin C. Long, Acting Chief, Engineering Management Branch, Administrative practice and Subpart B—[Removed and Reserved] Mitigation Directorate, Federal procedure, Flood insurance, Reporting Emergency Management Agency, 500 C and recordkeeping requirements. 2. Subpart B is removed and reserved. Street, SW., Washington, DC 20472, Accordingly, 44 CFR part 67 is Dated: May 19, 2010. (202) 646–2820, or (e-mail) proposed to be amended as follows: Eric H. Holder, Jr., [email protected]. PART 67—[AMENDED] Attorney General. SUPPLEMENTARY INFORMATION: The [FR Doc. 2010–12535 Filed 5–24–10; 8:45 am] Federal Emergency Management Agency 1. The authority citation for part 67 BILLING CODE 4410–18–P (FEMA) proposes to make continues to read as follows:

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29220 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

Authority: 42 U.S.C. 4001 et seq.; § 67.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, 2. The tables published under the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 67.4 are proposed to be 3 CFR, 1979 Comp., p. 376. amended as follows:

*Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground Source of flooding Location** ∧Elevation in meters (MSL) Existing Modified

City of Alexandria, Virginia

Backlick Run ...... Approximately 0.4 mile downstream of South Van Dorn Street ...... +79 +80 Approximately 600 feet upstream of South Van Dorn Street ...... +94 +95 Cameron Run ...... Just upstream of the confluence with Hooffs Run ...... +11 +12 Approximately 1,750 feet upstream of I–495 (Capital Beltway) ...... +24 +25 Holmes Run ...... Approximately 450 feet downstream of I–395 ...... +80 +81 Just downstream of I–395 ...... +84 +90 Hooffs Run ...... At the confluence with Cameron Run ...... +11 +12 Approximately 260 feet upstream of East Linden Street ...... None +18 Old Cameron Run Channel ...... At the confluence with Hooffs Run ...... +11 +12 Approximately 270 feet upstream of Mill Road/Andrews Lane ...... +11 +13 Strawberry Run ...... Just upstream of Eisenhower Avenue ...... None +35 Approximately 650 feet upstream of Fort Williams Parkway ...... +128 +138 Taylor Run ...... Approximately 300 feet downstream of Mill Road ...... +24 +25 Approximately 0.7 mile upstream of Janneys Lane ...... None +148 Timber Branch ...... Just upstream of Timber Branch Parkway ...... +69 +70 Approximately 350 feet upstream of West Braddock Road ...... None +134 Tributary 1 to Cameron Run ...... Approximately 200 feet upstream of the confluence with Cameron Run ...... None +46 Approximately 0.5 mile upstream of the confluence with Cameron Run ...... None +66 Tributary 1 to Taylor Run ...... At the confluence with Taylor Run ...... +24 +25 Approximately 1,000 feet upstream of the confluence with Taylor Run ...... None +29 Tributary 2 to Taylor Run ...... At the confluence with Taylor Run ...... +81 +82 Just downstream of Key Drive ...... +160 +164 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Alexandria Maps are available for inspection at 301 King Street, Alexandria, VA 22314.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Franklin County, Arkansas, and Incorporated Areas

Arkansas River ...... Approximately 412 feet downstream of the confluence +366 +367 Unincorporated Areas of with Mikes Creek. Franklin County. Approximately 0.52 mile upstream of the confluence +366 +367 with Mikes Creek. Mulberry River ...... Just upstream of Union Pacific Railroad ...... None +392 Unincorporated Areas of Franklin County. Just downstream of I–40 ...... None +410 Smith Creek ...... Just upstream of the confluence with Unnamed Tribu- +364 +365 Unincorporated Areas of tary. Franklin County. Approximately 1.02 mile upstream of the confluence +364 +365 with Unnamed Tributary. Unnamed Tributary ...... Just upstream of the confluence with Smith Creek ..... +364 +365 Unincorporated Areas of Franklin County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29221

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 0.55 mile upstream of the confluence +364 +365 with Smith Creek. White Oak Creek ...... Approximately 0.62 mile downstream of Union Pacific +384 +393 Unincorporated Areas of Railroad. Franklin County. Approximately 1,865 feet upstream of Union Pacific +384 +393 Railroad.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Franklin County Maps are available for inspection at 211 West Commercial Street, Ozark, AR 72949

Sharp County, Arkansas, and Incorporated Areas

Curia Creek ...... Approximately 1,490 feet downstream of State High- None +603 Unincorporated Areas of way 230. Sharp County. Just downstream of State Highway 230 ...... None +608 Lick Fork ...... Just downstream of Gravel Pit Road ...... None +595 Unincorporated Areas of Sharp County. Approximately 157 feet downstream of Gravel Pit None +597 Road. Right Prong Otter Creek ...... Approximately 500 feet upstream of Toshiming Trace None +491 Unincorporated Areas of Sharp County. Approximately 925 feet downstream of Waketa Drive None +530 South Big Creek Tributary.... Approximately 750 feet downstream of Jackson None +549 Unincorporated Areas of Spring Road. Sharp County. Approximately 600 feet downstream of Levee Road ... None +659

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Sharp County Maps are available for inspection at 718 Ash Flat Drive, Ash Flat, AR 72513.

Mendocino County, California, and Incorporated Areas

Ackerman Creek ...... Upstream side of North State Street ...... None +626 Pinoleville Indian Reserva- tion, Unincorporated Areas of Mendocino County. Approximately 0.7 mile upstream of U.S. Route 101 None +643 southbound lanes.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29222 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Pinoleville Indian Reservation Maps are available for inspection at 500 Pinoleville Drive, Suite B, Ukiah, CA 95482. Unincorporated Areas of Mendocino County Maps are available for inspection at 890 North Bush Street, Ukiah, CA 95482.

St. Johns County, Florida, and Incorporated Areas

Kendall Creek ...... Approximately 300 feet upstream of Roberts Road ..... *24 *25 Unincorporated Areas of St. Johns County. Approximately 700 feet upstream of Roberts Road ..... *25 *26 Orange Grove Branch ...... Approximately 4,600 feet upstream of Orange Branch *25 *26 Unincorporated Areas of Trail. St. Johns County. Approximately 5,700 feet upstream of Orange Branch *25 *27 Trail.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of St. Johns County Maps are available for inspection at 4020 Lewis Speedway, St. Augustine, FL 32084.

Iowa County, Iowa, and Incorporated Areas

Old Mans Creek...... Approximately 1,800 feet downstream of the cor- None +754 Unincorporated Areas of porate limits of the City of Williamsburg. Iowa County. At the southernmost corporate limit of the City of Wil- None +756 liamsburg. Approximately 300 feet upstream of Industrial Park None +762 Road. Approximately 2,000 feet upstream of State Street ..... None +763 Approximately 700 feet upstream of State Route 149 None +764 Approximately 2,600 feet upstream of State Route None +765 149. Approximately 3,800 feet upstream of State Route None +766 149.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Iowa County Maps are available for inspection at 901 Court Avenue, Marengo, IA 52301.

Muscatine County, Iowa, and Incorporated Areas

Mississippi River ...... Approximately 7.1 miles downstream of State Route +555 +554 City of Muscatine, Unincor- 92. porated Areas of Muscatine County. Approximately 3.3 miles upstream of the confluence +561 +560 with Pine Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29223

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Mud Creek ...... Approximately 1.2 mile upstream of Story Avenue ...... None +658 City of Wilton. Approximately 1.4 mile upstream of Story Avenue ...... None +658

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Muscatine Maps are available for inspection at 215 Sycamore Street, Muscatine, IA 52761. City of Wilton Maps are available for inspection at 104 East 4th Street, Wilton, IA 52778. Unincorporated Areas of Muscatine County Maps are available for inspection at 3610 Park Avenue West, Muscatine, IA 52761.

Crawford County, Illinois, and Incorporated Areas

Mill Creek ...... Approximately at 1800th Avenue ...... None +452 Unincorporated Areas of Crawford County. Approximately 975 feet upstream of North Street ...... None +452 Mill Creek Tributary ...... Approximately 800 feet upstream of the confluence +459 +458 Unincorporated Areas of with Mill Creek. Crawford County, Village of Hutsonville. Approximately 2,300 feet upstream of the confluence None +479 with Mill Creek. Sugar Creek ...... Approximately at Franklin Road ...... +439 +442 Village of Palestine. Approximately 2,370 feet upstream of County Route 5 +445 +444

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Crawford County Maps are available for inspection at the County Courthouse, 100 Douglas Street, Robinson, IL 62454. Village of Hutsonville Maps are available for inspection at the Village Hall, 113 South Main Street, Hutsonville, IL 62433. Village of Palestine Maps are available for inspection at the Village Hall, 301 South Main Street, Palestine, IL 62451.

Butler County, Kentucky, and Incorporated Areas

Barren River (Backwater ef- From the confluence with the Green River to approxi- +423 +424 Unincorporated Areas of fects from Green River). mately 0.6 mile upstream of the confluence with Lit- Butler County. tle Muddy Creek. Big Bull Creek (Backwater ef- From the confluence with the Green River to approxi- None +428 Unincorporated Areas of fects from Green River). mately 0.5 mile upstream of Johnson Cemetery Butler County. Road. Big Reedy Creek (Backwater From the confluence with the Green River to approxi- None +433 Unincorporated Areas of effects from Green River). mately 1,202 feet downstream of the confluence Butler County. with Big Reedy Creek Tributary 4. Deerlick Creek (Backwater From the confluence with the Mud River to approxi- None +404 Unincorporated Areas of effects from Green River). mately 935 feet upstream of Penrod Road. Butler County. Deerlick Creek Tributary 6 From the confluence with Deerlick Creek to approxi- None +404 Unincorporated Areas of (Backwater effects from mately 765 feet upstream of the confluence with Butler County. Green River). Deerlick Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29224 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

East Prong Indian Camp From the confluence with Indian Camp Creek to ap- None +415 Unincorporated Areas of Creek (Backwater effects proximately 1,179 feet downstream of the con- Butler County. from Green River). fluence with East Prong Indian Camp Creek. Gary Creek (Backwater ef- From the confluence with Little Reedy Creek to ap- None +429 Unincorporated Areas of fects from Green River). proximately 0.9 mile upstream of the confluence Butler County. with Little Reedy Creek. Grassy Lick Creek (Back- From the confluence with Muddy Creek to approxi- None +407 Unincorporated Areas of water effects from Green mately 1.1 mile downstream of Sandy Creek Road. Butler County. River). Green River ...... At the confluence with the Mud River ...... +403 +404 City of Morgantown, City of Rochester, Unincor- porated Areas of Butler County. At approximately 1.7 mile upstream of Reedyville +437 +438 Road. Hickory Camp Creek (Back- From the confluence with Panther Creek to approxi- +403 +405 Unincorporated Areas of water effects from Green mately 478 feet upstream of the confluence with Butler County. River). Hickory Camp Creek Tributary 1. Hickory Camp Creek Tribu- From the confluence with Hickory Camp Creek to ap- None +405 Unincorporated Areas of tary 1 (Backwater effects proximately 676 feet upstream of the confluence Butler County. from Green River). with Hickory Camp Creek. Indian Camp Creek (Back- From the confluence with the Green River to approxi- None +415 Unincorporated Areas of water effects from Green mately 1.1 mile downstream of Dexterville-Gilstrap Butler County. River). Road. Lindsey Creek (Backwater ef- From the confluence with East Prong Indian Camp None +415 Unincorporated Areas of fects from Green River). Creek to approximately 0.4 mile downstream of Butler County. Brownsville Road. Little Bull Creek (Backwater From the confluence with the Green River to approxi- None +425 Unincorporated Areas of effects from Green River). mately 0.6 mile upstream of the confluence with Butler County. Tallow Branch. Little Reedy Creek (Back- From the confluence with the Green River to approxi- None +429 Unincorporated Areas of water effects from Green mately 0.9 mile upstream of the confluence with Butler County. River). Rosy Creek. Meffords Branch (Backwater From the confluence with the Mud River to approxi- None +404 Unincorporated Areas of effects from Green River). mately 1,425 feet upstream of Perry Harper Road. Butler County. Meffords Branch Tributary 4 From the confluence with Meffords Branch to approxi- None +404 Unincorporated Areas of (Backwater effects from mately 0.6 mile upstream of the confluence with Butler County. Green River). Meffords Branch. Mud River (Backwater effects From the confluence with the Green River to approxi- +403 +404 Unincorporated Areas of from Green River). mately 2.2 miles upstream of the confluence with Butler County, City of Deerlick Creek. Rochester. Mud River Tributary 17 From the confluence with the Green River to approxi- +403 +404 Unincorporated Areas of (Backwater effects from mately 314 feet upstream of Rochester Road. Butler County, City of Green River). Rochester. Mud River Tributary 17.2 From the confluence with Mud River Tributary 17 to None +404 Unincorporated Areas of (Backwater effects from approximately 312 feet upstream of Rochester Butler County. Green River). Road. Muddy Creek (Backwater ef- From the confluence with the Green River to approxi- None +407 Unincorporated Areas of fects from Green River). mately 877 feet upstream of the confluence with Butler County. Muddy Creek Tributary 18. Muddy Creek Tributary 18 From the confluence with Muddy Creek to approxi- None +407 Unincorporated Areas of (Backwater effects from mately 1,306 feet upstream of the confluence with Butler County. Green River). Muddy Creek. Muddy Creek Tributary 27 From the confluence with Muddy Creek to approxi- None +407 Unincorporated Areas of (Backwater effects from mately 1,421 feet downstream of Muddy Creek Butler County. Green River). Tributary 27.2. Muddy Creek Tributary 39.1 From the confluence with Muddy Creek to approxi- None +407 Unincorporated Areas of (Backwater effects from mately 669 feet downstream of Muddy Creek Tribu- Butler County. Green River). tary 39.1. Panther Creek (Backwater From the confluence with the Green River to approxi- +403 +405 Unincorporated Areas of effects from Green River). mately 1,550 feet downstream of G. Southerland Butler County. Road. Pipe Spring Hollow (Back- From the confluence with the Green River to just +409 +408 Unincorporated Areas of water effects from Green downstream of William H. Natcher Parkway. Butler County. River).

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29225

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Pitman Creek (Backwater ef- From the confluence with Welch Creek to approxi- None +419 Unincorporated Areas of fects from Green River). mately 554 feet upstream of the confluence with Butler County. Pitman Creek Tributary 3. Pitman Creek Tributary 3 From the confluence with Pitman Creek to approxi- None +419 Unincorporated Areas of (Backwater effects from mately 280 feet upstream of the confluence with Butler County. Green River). Pitman Creek. Renfrow Creek (Backwater From the confluence with the Green River to approxi- None +419 Unincorporated Areas of effects from Green River). mately 177 feet downstream of Bowling Green Butler County. Road. Renfrow Creek Tributary 6 From the confluence with Renfrow Creek to approxi- None +419 Unincorporated Areas of (Backwater effects from mately 1,236 feet downstream of Embry Way. Butler County. Green River). Renfrow Creek Tributary 7 From the confluence with Renfrow Creek to just None +419 Unincorporated Areas of (Backwater effects from downstream of South Main Street. Butler County. Green River). Renfrow Creek Tributary 8 From the confluence with Renfrow Creek to approxi- None +419 Unincorporated Areas of (Backwater effects from mately 0.5 mile upstream of the confluence with Butler County. Green River). Renfrow Creek. Renfrow Creek Tributary 9 From the confluence with Renfrow Creek to just up- None +419 Unincorporated Areas of (Backwater effects from stream of East Whalen Road. Butler County. Green River). Rosy Creek (Backwater ef- From the confluence with Little Reedy Creek to ap- None +429 Unincorporated Areas of fects from Green River). proximately 0.7 mile upstream of the confluence Butler County. with Little Reedy Creek. Sandy Creek (Backwater ef- From the confluence with Muddy Creek to approxi- None +407 Unincorporated Areas of fects from Green River). mately 494 feet downstream of Martin Road. Butler County. Sandy Creek Tributary 5 From the confluence with Sandy Creek to just up- None +407 Unincorporated Areas of (Backwater effects from stream of Dunbar-Leetown Road. Butler County. Green River). Tallow Branch (Backwater ef- From the confluence with Little Bull Creek to approxi- None +426 Unincorporated Areas of fects from Green River). mately 0.5 mile upstream of the confluence with Lit- Butler County. tle Bull Creek. Welch Creek (Backwater ef- From the confluence with the Green River to just None +419 Unincorporated Areas of fects from Green River). downstream of Brownsville Road. Butler County. West Prong Indian Camp From the confluence with Indian Camp Creek to ap- None +414 Unincorporated Areas of Creek (Backwater effects proximately 3.7 miles upstream of the confluence Butler County. from Green River). with Indian Camp Creek. Wolfpen Hollow (Backwater From the confluence with East Prong Indian Camp None +415 Unincorporated Areas of effects from Green River). Creek to approximately 1,205 feet downstream of Butler County. McKendree Chapel Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Morgantown Maps are available for inspection at City Hall, 117 North Main Street, Morgantown, KY 42261. City of Rochester Maps are available for inspection at City Hall, 672 Russellville Street, Rochester, KY 42273. Unincorporated Areas of Butler County Maps are available for inspection at the County Courthouse, 110 North Main Street, Morgantown, KY 42261.

Hart County, Kentucky, and Incorporated Areas

Bacon Creek (Backwater ef- From the confluence with Nolin Lake to approximately None +560 Unincorporated Areas of fects from Nolin Lake). 0.7 mile upstream of Charles Jaggers Road. Hart County. Bacon Creek Tributary 41 From the confluence with Bacon Creek to approxi- None +560 Unincorporated Areas of (Backwater effects from mately 0.5 mile upstream of the confluence with Hart County. Nolin Lake). Bacon Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29226 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Cane Run (Backwater effects From the confluence with Nolin Lake to approximately None +560 Unincorporated Areas of from Nolin Lake). 0.5 mile upstream of the confluence with Cane Run Hart County. Tributary 11. Cane Run Tributary 13 From the confluence with Nolin Lake to approximately None +560 Unincorporated Areas of (Backwater effects from 0.8 mile upstream of the confluence with Nolin Hart County. Nolin Lake). Lake. Little Dog Creek (Backwater From the confluence with Nolin Lake to approximately None +560 Unincorporated Areas of effects from Nolin Lake). 1.3 mile upstream of the confluence with Nolin Hart County. Lake. Nolin Lake ...... Entire shoreline ...... None +560 Unincorporated Areas of Hart County. Nolin River (Backwater ef- From the confluence with Nolin Lake to approximately None +560 Unincorporated Areas of fects from Nolin Lake). 3.1 miles downstream of Wheelers Mill Road. Hart County. Nolin River Tributary 2 From the confluence with Nolin Lake to approximately None +560 Unincorporated Areas of (Backwater effects from 1,692 feet upstream of the confluence with Nolin Hart County. Nolin Lake). Lake. Nolin River Tributary 24 From the confluence with Nolin Lake to approximately None +560 Unincorporated Areas of (Backwater effects from 268 feet upstream of Robbin Lane. Hart County. Nolin Lake).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Hart County Maps are available for inspection at the Hart County Courthouse, 200 Main Street, Munfordville, KY 42765.

Lawrence County, Kentucky, and Incorporated Areas

Big Branch (Backwater ef- From the confluence with Brushy Creek to approxi- None +644 Unincorporated Areas of fects from Yatesville Lake). mately 1.6 mile upstream of the confluence with Lawrence County. Brushy Creek. Blaine Creek ...... Just downstream of the confluence with Hood Creek None +650 City of Blaine. Approximately 0.5 mile upstream of the confluence None +652 with Hood Creek. Blaine Creek (Backwater ef- From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of fects from Yatesville Lake). mately 2.0 miles upstream of the confluence with Lawrence County. Yatesville Lake. Borders Branch (Backwater From the confluence with Levisa Fork to approxi- None +598 Unincorporated Areas of effects from Levisa Fork). mately 0.4 mile upstream of the confluence with Lawrence County. Levisa Fork. Brushy Creek (Backwater ef- From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of fects from Yatesville Lake). mately 1.6 mile upstream of the confluence with Lawrence County. Yatesville Lake. Daniels Creek (Backwater ef- From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of fects from Yatesville Lake). mately 0.5 mile upstream of the confluence with Lawrence County. Yatesville Lake. Greenbrier Creek (Backwater From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of effects from Yatesville mately 0.6 mile upstream of the confluence with Lawrence County. Lake). Yatesville Lake. Harriet Branch (Backwater From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of effects from Yatesville mately 0.5 mile upstream of the confluence with Lawrence County. Lake). Yatesville Lake. Hood Creek (Backwater ef- From the confluence with Blaine Creek to approxi- None +650 City of Blaine. fects from Blaine Creek). mately 1,700 feet upstream of the confluence with Blaine Creek. Irish Creek (Backwater ef- From the confluence with Blaine Creek to approxi- None +644 Unincorporated Areas of fects from Yatesville Lake). mately 2.0 miles upstream of the confluence with Lawrence County. Blaine Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29227

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Left Fork Little Blaine Creek From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of (Backwater effects from mately 0.9 mile upstream of the confluence with Lawrence County. Yatesville Lake). Yatesville Lake. Levisa Fork ...... At the confluence with Lick Creek East ...... None +575 City of Louisa. Approximately 1.5 mile downstream of KY–644 ...... None +575 Lick Creek East (Backwater From the confluence with Levisa Fork to Locust None +567 City of Louisa. effects from Levisa Fork). Street. Newcomb Creek (Backwater From approximately 350 feet upstream of KY–707 to None +567 Unincorporated Areas of effects from Blaine Creek). approximately 0.5 mile upstream of KY–707. Lawrence County. Pleas Creek (Backwater ef- From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of fects from Yatesville Lake). mately 0.3 mile upstream of the confluence with Lawrence County. Yatesville Lake. Rich Creek (Backwater ef- From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of fects from Yatesville Lake). mately 0.9 mile upstream of the confluence with Lawrence County. Yatesville Lake. Right Fork Irish Creek (Back- From the confluence with Irish Creek to approximately None +644 Unincorporated Areas of water effects from 1,100 feet upstream of the confluence with Irish Lawrence County. Yatesville Lake). Creek. Right Fork Little Blaine Creek From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of (Backwater effects from mately 1.1 mile upstream of the confluence with Lawrence County. Yatesville Lake). Yatesville Lake. Rockcastle Creek (Backwater From just upstream of the confluence with Tug Fork None +598 Unincorporated Areas of effects from Tug Fork). to approximately 2.2 miles upstream of the con- Lawrence County. fluence with Tug Fork. Two Mile Creek (Backwater From CSX Railroad to approximately 600 feet up- None +572 City of Louisa. effects from Big Sandy stream of CSX Railroad. River). Upper Twin Branch (Back- From the confluence with Yatesville Lake to approxi- None +644 Unincorporated Areas of water effects from mately 0.3 mile upstream of the confluence with Lawrence County. Yatesville Lake). Yatesville Lake. Yatesville Lake ...... Entire shoreline ...... None +644 Unincorporated Areas of Lawrence County.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Blaine Maps are available for inspection at 591 KY–201 South, Blaine, KY 41124. City of Louisa Maps are available for inspection at 215 North Main Cross Street, Louisa, KY 41230. Unincorporated Areas of Lawrence County Maps are available for inspection at 122 Ricky Skaggs Boulevard, Louisa, KY 41230.

Meade County, Kentucky, and Incorporated Areas

Ohio River ...... Approximately 2.8 miles upstream of the confluence +420 +421 City of Brandenburg, Unin- with Watson Run (River Mile 683.25). corporated Areas of Meade County. Approximately 0.7 mile downstream of Lock and Dam +441 +442 No. 43 (River Mile 634.0).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29228 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Brandenburg Maps are available for inspection at 737 High Street, Brandenburg, KY 40108. Unincorporated Areas of Meade County Maps are available for inspection at the Office of the Executive County Judge, 516 Fairway Drive, Brandenburg, KY 40108.

Scott County, Kentucky, and Incorporated Areas

Dry Run ...... Approximately 0.5 mile upstream of the confluence +800 +801 City of Georgetown, Unin- with North Elkhorn Creek. corporated Areas of Scott County. Approximately 1.2 mile upstream of Burton Pike ...... None +880 Dry Run Tributary 1 (Back- From the confluence with Dry Run to approximately None +828 Unincorporated Areas of water effects from Dry 0.3 mile downstream of I–75. Scott County. Run). Hall Branch (Backwater ef- From the confluence with Eagle Creek to approxi- None +780 Unincorporated Areas of fects from Eagle Creek). mately 0.3 mile upstream of Hinton-Sadieville Road. Scott County. Lane Run ...... At the confluence with North Elkhorn Creek ...... +812 +811 City of Georgetown, Unin- corporated Areas of Scott County. Approximately 850 feet upstream of Delaplain Road .. None +889 McCracken Creek (Back- From the confluence with North Elkhorn Creek to ap- None +782 City of Georgetown, Unin- water effects from North proximately 269 feet downstream of the confluence corporated Areas of Elkhorn Creek). with McCracken Creek Tributary 2. Scott County. Royal Springs Creek (Back- From the confluence with North Elkhorn Creek to ap- None +798 City of Georgetown, Unin- water effects from North proximately 0.4 mile upstream of Paddler Lane. corporated Areas of Elkhorn Creek). Scott County. South Elkhorn Creek ...... Just downstream of South Weisenberger Mill Road .... None +813 Unincorporated Areas of Scott County. At the confluence with Town Branch ...... None +816 Spoon Branch (Backwater ef- From Sadieville Road to approximately 783 feet up- None +778 City of Georgetown, Unin- fects from Eagle Creek). stream of Sadieville Road. corporated Areas of Scott County. Town Branch (Backwater ef- From the confluence with South Elkhorn Creek to ap- None +816 Unincorporated Areas of fects from South Elkhorn proximately 0.4 mile upstream of the confluence Scott County. Creek). with South Elkhorn Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Georgetown Maps are available for inspection at City Hall, 100 Court Street, Georgetown, KY 40324. Unincorporated Areas of Scott County Maps are available for inspection at 100 East Main Street, Georgetown, KY 40324.

Avoyelles Parish, Louisiana, and Incorporated Areas

Bayou Blanc ...... At the confluence with the Petite Riviere ...... None +63 Unincorporated Areas of Avoyelles Parish. Approximately 300 feet upstream of the confluence None +63 with the Petite Riviere. Bayou Perit ...... Approximately 720 feet downstream of Garan Lane ... None +59 Unincorporated Areas of Avoyelles Parish. Just downstream of Garan Lane ...... None +60

* National Geodetic Vertical Datum. + North American Vertical Datum.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29229

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

# Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Avoyelles Parish Maps are available for inspection at 312 North Main Street, Marksville, LA 71351.

Ouachita Parish, Louisiana, and Incorporated Areas

Black Bayou ...... Just upstream of Glenwood Drive ...... +74 +75 City of West Monroe, Un- incorporated Areas of Ouachita Parish. Just downstream of Blanchard Street ...... +80 +79 Black Bayou Lake ...... Approximately 1.6 mile downstream of Swatz Fair- +76 +75 Unincorporated Areas of banks Road. Ouachita Parish. Just upstream of Swatz Fairbanks Road ...... +96 +95 Black Bayou Tributary ...... Approximately 500 feet downstream of McMillan Road +80 +79 City of West Monroe, Un- incorporated Areas of Ouachita Parish. Approximately 1,320 feet upstream of Norris Road ..... None +115 Canal L–11 ...... Approximately 890 feet downstream of Stubbs Vinson +70 +69 Unincorporated Areas of Road. Ouachita Parish. Approximately 430 feet downstream of Chauvin +74 +73 Bayou/Canal L–11 Control Structure. East Branch Oliver Road Just downstream of the unnamed railroad ...... +74 +75 City of Monroe. Canal. Approximately 500 feet upstream of Emerson Street .. #1 +76 Gravel Pit Branch ...... At the confluence with Black Bayou ...... +80 +79 City of West Monroe. Just upstream of I–20 ...... +86 +89 Oliver Road Canal ...... Just downstream of Breard Road ...... +71 +72 City of West Monroe. Approximately 0.4 mile downstream of Oliver Road .... +75 +76 Ouachita River ...... Just upstream of Horseshoe Lake Road ...... None +87 Town of Sterlington, Unin- corporated Areas of Ouachita Parish. Approximately 1.0 mile upstream of Ouachita City None +88 Road. Tupawek Bayou ...... Approximately 1,000 feet downstream of Dean Chap- None +97 Unincorporated Areas of el Road. Ouachita Parish. Approximately 680 feet downstream of Laird Road ..... None +139 West Prong ...... Just upstream of Millhaven Road ...... +69 +70 City of Monroe. Youngs Bayou ...... Just upstream of 18th Street ...... +75 +74

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Monroe Maps are available for inspection at the Engineering Department, 400 Lea Joyner Expressway, Monroe, LA 71210. City of West Monroe Maps are available for inspection at the Planning and Zoning Office, 2305 North 7th Street, West Monroe, LA 71291. Town of Sterlington Maps are available for inspection at the Public Works Department, 103 High Street, Sterlington, LA 71280. Unincorporated Areas of Ouachita Parish Maps are available for inspection at the Ouachita Parish Health Unit, 1650 Desiard Street, Suite 202, Monroe, LA 71201.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29230 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Ottawa County, Michigan (All Jurisdictions)

Alward Drain ...... At the confluence with Rush Creek ...... None +615 Charter Township of Georgetown, City of Hudsonville. Approximately 80 feet upstream of 36th Avenue ...... None +623 Bareman Drain ...... At the confluence with County Drain No. 15 & 17 ...... None +615 Township of Holland. Approximately 80 feet upstream of Quincy Street ...... None +633 Bark Creek ...... At the confluence with Bruces Bayou ...... None +590 Township of Crockery. Approximately 0.6 mile downstream of Cleveland None +590 Street. Bass Creek ...... At the confluence with the Grand River ...... None +595 Charter Township of Allendale. Approximately 0.5 mile upstream of Bass Drive ...... None +595 Bliss Creek Intercounty Drain Approximately 975 feet downstream of Port Sheldon +607 +608 Charter Township of Street. Georgetown. At the confluence with Knight Intercounty Drain ...... +645 +646 Bliss Creek Intercounty Drain At the downstream side of Stonehenge Drive ...... +627 +628 Charter Township of Diversion Channel. Georgetown. At the divergence from Bliss Creek Intercounty Drain +632 +633 Buttermilk Creek ...... Approximately 680 feet downstream of Oak Street ..... +617 +618 City of Hudsonville, Town- ship of Jamestown. Approximately 155 feet upstream of Quincy Street ..... None +685 Castle Creek ...... At the confluence with the Grand River ...... None +595 Charter Township of Polkton. Approximately 0.6 mile upstream of Leonard Street ... None +595 County Drain No. 15 & 17 .... At the confluence with County Drain No. 8, North Hol- +612 +611 Township of Holland. land Drain, and County Drain No. 40. Approximately 1,520 feet upstream of Riley Street ..... None +619 County Drain No. 28 ...... At the confluence with County Drain No. 40 and +596 +593 Township of Holland. Windmill Creek. Approximately 125 feet upstream of James Street ...... None +607 County Drain No. 4 & 43 ...... At the confluence with Noordeloos Creek ...... +596 +597 Township of Holland. Approximately 0.4 mile upstream of 104th Avenue ..... +596 +597 County Drain No. 40 ...... At the confluence with County Drain No. 28 and +596 +593 Township of Holland. Windmill Creek. At the confluence with County Drain No. 8, North Hol- +612 +611 land Drain, and County Drain No. 15 & 17. County Drain No. 8 and At the confluence with County Drain No. 15 & 17 and +612 +611 Township of Holland. North Holland Drain. County Drain No. 40. Approximately 130 feet upstream of Quincy Street ..... None +625 Crockery Creek ...... At the confluence with the Grand River ...... None +591 Township of Crockery. At the upstream side of Fitzgerald Street ...... None +591 DeWeerd Drain ...... At the confluence with Rush Creek ...... +609 +610 Charter Township of Georgetown, City of Hudsonville, Township of Jamestown. Approximately 570 feet upstream of I-196 North ...... None +661 Deer Creek ...... At the upstream side of the I–96 West ...... None +614 Charter Township of Polkton. Deer Creek ...... At the confluence with the Grand River ...... None +597 Charter Township of Polkton, Charter Town- ship of Tallmadge. Approximately 1 mile upstream of Leonard Street ...... None +597 Deer Creek of Crockery ...... At the confluence with Bruces Bayou ...... None +589 Township of Crockery. At the downstream side of Leonard Road ...... None +589 East Georgetown Shores Entire shoreline ...... None +609 Charter Township of Lake. Georgetown. Fort Village Creek ...... At the confluence with Crockery Creek ...... None +591 Township of Crockery. Approximately 1,300 feet downstream of 104th Ave- None +591 nue. Grand River ...... Approximately 0.6 mile upstream of the confluence None +588 Charter Township of with Mill House Bayou. Allendale, Charter Town- ship of Polkton, Town- ship of Crockery, Town- ship of Robinson, Char- ter Township of Tallmadge.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29231

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 350 feet upstream of Lake Michigan +601 +600 Drive. Huizenga Intercounty Drain .. At the confluence with Rush Creek ...... +605 +606 Charter Township of Georgetown. At the downstream side of Kenowa Avenue South- +615 +616 west. Knight Intercounty Drain ...... At the confluence with Bliss Creek Intercounty Drain .. +645 +646 Charter Township of Georgetown, Township of Jamestown. At the downstream side of Kenowa Avenue South- None +651 west. Little Robinson Bayou ...... At the confluence with the Grand River ...... None +588 Township of Robinson. At the downstream side of 128th Avenue ...... None +588 Macatawa River/Black Creek Approximately 0.8 mile upstream of River Avenue ...... +585 +584 City of Holland, Township of Zeeland Drain. of Holland, Township of Zeeland. Approximately 400 feet upstream of Felch Street ...... None +607 Meadowbrook Drain ...... At the confluence with Bliss Creek Intercounty Drain .. None +616 Charter Township of Georgetown. Approximately 620 feet upstream of 8th Avenue ...... None +618 Miller I.C...... At the confluence with Bliss Creek, Intercounty Drain, +645 +646 Charter Township of and Knight Intercounty Drain. Georgetown, Township of Jamestown. Approximately 600 feet downstream of Ransom None +650 Street Southwest. Morning Dew Lake ...... Entire shoreline ...... None +610 Township of Holland. Noordeloos Creek ...... At the confluence with Black Creek of Zeeland Drain +596 +597 City of Holland, City of Zeeland, Township of Holland. Downstream side of Paw Paw Drive ...... None +600 Northwest Branch of Rush Upstream side of 40th Avenue ...... None +615 Charter Township of Creek. Georgetown. Downstream side of 48th Avenue ...... None +635 Ottawa Creek & Ext. Drain/ At the confluence with the Grand River ...... +600 +599 Charter Township of Ottawa Creek/Curry Drain. Allendale. Approximately 125 feet downstream of 40th Avenue .. +600 +599 Rush Creek ...... Upstream side of Main Street ...... +604 +606 City of Hudsonville, Char- ter Township of George- town. Downstream side of 40th Avenue ...... None +615 South Branch ...... At the confluence with Black Creek of Zeeland Drain None +602 Township of Zeeland. Approximately 0.6 mile downstream of Lizbeth Drive .. None +602 Sterns Bayou and Sterns At the downstream corporate limits of the Township of None +588 Township of Robinson. Creek. Robinson. Downstream side of Ferris Street ...... None +588 Traders Creek ...... At the confluence with the Grand River ...... None +597 Charter Township of Allendale. Approximately 830 feet downstream of 60th Avenue .. None +597 Trout Drain ...... At the confluence with DeWeerd Drain ...... None +612 Charter Township of Georgetown, City of Hudsonville. Approximately 315 feet west of 22nd Avenue ...... None +623 Tulip Intercounty Drain ...... At the confluence with Black Creek of Zeeland Drain +598 +597 Township of Holland. Approximately 0.4 mile upstream of Adams Street ..... +598 +597 Unnamed Tributary 1 to But- At the confluence with Buttermilk Creek ...... None +651 City of Hudsonville. termilk Creek. Approximately 105 feet upstream of northbound I–196 None +670 Unnamed Tributary 1 to At the confluence with Crockery Creek ...... None +591 Township of Crockery. Crockery Creek. Approximately 850 feet downstream of Leonard Street None +591 Unnamed Tributary 1 to At the confluence with Grand River ...... None +594 Charter Township of Grand River. Polkton. Approximately 1,900 feet upstream of the confluence None +594 with Grand River. Unnamed Tributary 2 to But- At the confluence with Buttermilk Creek ...... None +673 Township of Jamestown. termilk Creek. Approximately 100 feet downstream of Quincy Street None +702

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29232 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Unnamed Tributary 2 to At the confluence with Crockery Creek ...... None +591 Township of Crockery. Crockery Creek. At the downstream side of I–96 East ...... None +591 Unnamed Tributary 2 to At the confluence with the Grand River ...... None +596 Charter Township of Grand River. Polkton. Approximately 780 feet upstream of Leonard Street ... None +596 Unnamed Tributary 3 to At the confluence with Crockery Creek ...... None +591 Township of Crockery. Crockery Creek. At the downstream side of 104th Avenue ...... None +591 Unnamed Tributary 3 to At the confluence with the Grand River ...... None +596 Charter Township of Grand River. Polkton. Approximately 930 feet upstream of Leonard Street ... None +596 Unnamed Tributary 4 to At the confluence with Crockery Creek ...... None +591 Township of Crockery. Crockery Creek. Approximately 850 feet downstream of Fitzgerald None +591 Street. Unnamed Tributary 4 to At the confluence with the Grand River ...... None +596 Charter Township of Grand River. Polkton. Approximately 1,400 feet upstream of Leonard Street None +596 Unnamed Tributary of Bruces At the confluence with Bruces Bayou ...... None +589 Township of Crockery. Bayou. Approximately 0.5 mile upstream of the confluence None +589 with Bruces Bayou. Unnamed Tributary to Bark At the confluence with Bark Creek ...... None +590 Township of Crockery. Creek. At the downstream side of Leonard Road ...... None +590 Unnamed Tributary to Castle At the confluence with Castle Creek ...... None +595 Charter Township of Creek. Polkton. Approximately 1,200 feet upstream of the confluence None +595 with Castle Creek. Vans Bypass ...... At the confluence with Bareman Drain ...... None +618 Township of Holland. At the divergence from County Drain No. 15 & 17 ...... None +619 West Georgetown Shores Entire shoreline ...... None +609 Charter Township of Lake. Georgetown. Windmill Creek ...... At the confluence with the Macatawa River ...... +592 +593 Township of Holland. At the confluence with County Drain No. 28 and +596 +593 County Drain No. 40.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Charter Township of Allendale Maps are available for inspection at 6676 Lake Michigan Drive, Allendale, MI 49401. Charter Township of Georgetown Maps are available for inspection at 1515 Baldwin Street, Jenison, MI 49428. Charter Township of Polkton Maps are available for inspection at 6900 Arthur Street West, Coopersville, MI 49404. Charter Township of Tallmadge Maps are available for inspection at 0–1451 Leonard Street Northwest, Grand Rapids, MI 49534. City of Holland Maps are available for inspection at 270 River Avenue, Holland, MI 49423. City of Hudsonville Maps are available for inspection at 3275 Central Boulevard, Hudsonville, MI 49426. City of Zeeland Maps are available for inspection at 21 South Elm Street, Zeeland, MI 49464. Township of Crockery Maps are available for inspection at 17431 112th Avenue, Nunica, MI 49448. Township of Holland

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29233

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Maps are available for inspection at 353 North 120th Avenue, Holland, MI 49424. Township of Jamestown Maps are available for inspection at 2380 Riley Street, Jamestown, MI 49427. Township of Robinson Maps are available for inspection at 12010 120th Avenue, Grand Haven, MI 49417. Township of Zeeland Maps are available for inspection at 6582 Byron Road, Zeeland, MI 49464.

Adams County, Mississippi, and Incorporated Areas

Mississippi River ...... Approximately 1.9 mile downstream of John R. Junkin None +76 Unincorporated Areas of Drive. Adams County. Approximately 1.3 mile downstream of John R. Junkin None +76 Drive.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Adams County Maps are available for inspection at 115 South Wall Street, Natchez, MS 39210.

Noxubee County, Mississippi, and Incorporated Areas

Tombigbee River ...... At the Lowndes County boundary ...... None +155 Unincorporated Areas of Noxubee County. Approximately 3.1 miles upstream of the Lowndes None +156 County boundary.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Noxubee County Maps are available for inspection at the Noxubee County Courthouse, 505 South Jefferson Street, Macon, MS 39341.

Camden County, Missouri, and Incorporated Areas

Niangua River ...... Approximately 0.9 mile downstream of U.S. Route 54 None +668 City of Camdenton. Approximately 0.7 mile downstream of U.S. Route 54 None +668

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Camdenton Maps are available for inspection at City Hall, 437 West U.S. Route 54, Camdenton, MO 65020.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29234 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Cape Girardeau County, Missouri, and Incorporated Areas

Apple Creek ...... Approximately 1,010 feet downstream of U.S. Route None +399 Village of Old Appleton. 61. Approximately 200 feet upstream of U.S. Route 61 .... None +403 Goose Creek ...... Approximately 0.4 mile downstream of County Road None +475 Unincorporated Areas of 302. Cape Girardeau County. Approximately 0.5 mile upstream of County Road 302 None +503 Goose Creek East Fork ...... Just upstream of the confluence with Goose Creek .... None +485 Unincorporated Areas of Cape Girardeau County. Approximately 1,490 feet upstream of the confluence None +503 with Goose Creek. Hubble Creek ...... Approximately 0.5 mile upstream of Sunset Hills Drive None +449 Unincorporated Areas of Cape Girardeau County. Approximately 100 feet upstream of the Southbound None +508 Ramp of I–55. Unnamed Tributary to Hubble Approximately 500 feet upstream from the confluence None +441 Unincorporated Areas of Creek (Backwater effects with Hubble Creek. Cape Girardeau County. from Hubble Creek). Approximately 635 feet upstream from the confluence None +441 with Hubble Creek. Mississippi River ...... Approximately 4.6 miles downstream of State Route +351 +348 City of Cape Girardeau, 140. Unincorporated Areas of Cape Girardeau County. Approximately 24.6 miles upstream of State Route +370 +368 140. Ramsey Branch ...... Approximately 100 feet upstream of I–55 ...... None +355 City of Cape Girardeau, Unincorporated Areas of Cape Girardeau County. Approximately 1.5 mile upstream of County Road 314 None +474 Rocky Branch ...... Approximately 200 feet upstream of North Farmington None +470 Unincorporated Areas of Road. Cape Girardeau County. Approximately 0.6 mile upstream of North Farmington None +488 Road. Rocky Branch West Fork ...... Just upstream of the confluence with Rocky Branch ... None +410 City of Jackson, Unincor- porated Areas of Cape Girardeau County. Approximately 260 feet upstream of Old Toll Road ..... None +446 Veterans Fork ...... Approximately 1,775 feet downstream of State High- None +395 City of Cape Girardeau, way K. Unincorporated Areas of Cape Girardeau County. Approximately 1,575 feet upstream of County Road None +453 314. Williams Creek ...... Just upstream of County Road 318 ...... +405 +404 City of Jackson, Unincor- porated Areas of Cape Girardeau County. Approximately 1,003 feet upstream of Bainbridge +438 +441 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Cape Girardeau Maps are available for inspection at City Hall, 401 Independence Street, Cape Girardeau, MO 63703. City of Jackson Maps are available for inspection at City Hall, 101 Court Street, Jackson, MO 63755. Unincorporated Areas of Cape Girardeau County Maps are available for inspection at the Cape Girardeau County Courthouse, 1 Barton Square, Jackson, MO 63755. Village of Old Appleton

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29235

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Maps are available for inspection at the Village of Old Appleton Town Hall, P.O. Box 61, Old Appleton, MO 63770.

Tioga County, New York (All Jurisdictions)

Apalachin Creek ...... At the confluence with the Susquehanna River ...... +825 +826 Town of Owego. Approximately 1,729 feet upstream of Main Street ..... +825 +826 Owego Creek ...... At the confluence with the Susquehanna River ...... +814 +813 Town of Tioga, Village of Owego. Approximately 3,529 feet upstream of Waverly Road/ +814 +813 West Main Street. Susquehanna River ...... Approximately 2.3 miles upstream of State Highway +780 +781 Town of Barton, Town of 17. Nichols, Town of Owego, Town of Tioga, Village of Nichols, Village of Owego. Approximately 2.4 miles upstream of Valley View +828 +829 Drive. West Branch Owego Creek .. Approximately 2.86 miles upstream of West Newark None +1,028 Town of Berkshire. Cross Road. Approximately 2.95 miles upstream of West Newark None +1,029 Cross Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Barton Maps are available for inspection at the Barton Town Hall, 304 Route 17C, Waverly, NY 14892. Town of Berkshire Maps are available for inspection at the Berkshire Town Hall, 18 Railroad Avenue, Berkshire, NY 13736. Town of Nichols Maps are available for inspection at the Nichols Town Hall, 54 East River Road, Nichols, NY 13812. Town of Owego Maps are available for inspection at the Owego Town Hall, 2354 State Route 434, Apalachin, NY 13812. Town of Tioga Maps are available for inspection at the Tioga Town Hall, 54 5th Avenue, Tioga Center, NY 13845. Village of Nichols Maps are available for inspection at the Nichols Town Hall, 54 East River Road, Nichols, NY 13812. Village of Owego Maps are available for inspection at the Owego Village Municipal Building, Old Jail, 178 Main Street, Owego, NY 13827.

Guernsey County, Ohio, and Incorporated Areas

Clear Fork ...... Approximately 175 feet downstream of Birmingham None +830 Unincorporated Areas of Road. Guernsey County. Approximately 0.5 mile upstream of Birmingham Road None +837 Leatherwood Creek ...... Approximately 174 feet upstream of Linn Road ...... None +874 Unincorporated Areas of Guernsey County, Vil- lage of Quaker City. At the upstream side of Eldon Road ...... None +880 Wills Creek ...... Approximately 115 feet downstream of CSX Railroad None +802 Unincorporated Areas of Guernsey County. Approximately 191 feet upstream of SR 313 ...... None +803 Wills Creek and Buffalo Approximately 0.4 mile downstream of SR 146 ...... None +803 Unincorporated Areas of Creek. Guernsey County, Vil- lage of Pleasant City. Approximately 0.5 mile upstream of SR 146 ...... None +806 Wills Creek at Kimbolton ...... Approximately 375 feet downstream of Main Street .... None +776 Unincorporated Areas of Guernsey County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29236 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 0.8 mile upstream of Main Street ...... None +777

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Guernsey County Maps are available for inspection at 62782 Bennett Avenue, Cambridge, OH 43725. Village of Pleasant City Maps are available for inspection at 62782 Bennett Avenue, Cambridge, OH 43725. Village of Quaker City Maps are available for inspection at 126 Fair Street, Quaker City, OH 43773.

Rogers County, Oklahoma, and Incorporated Areas

Spunky Creek ...... Approximately 568 feet downstream of I–44 ...... None +580 Town of Fair Oaks. Approximately 1,036 feet upstream of I–44 ...... None +580 Spunky Creek Tributary ...... At the confluence with Spunky Creek ...... None +580 Town of Fair Oaks. Approximately 866 feet upstream of the confluence None +580 with Spunky Creek. Verdigris River and flooding Approximately 1,080 feet downstream of the con- None +580 Town of Fair Oaks. effects of the Verdigris fluence with Unnamed Stream. River. Approximately 621 feet downstream of the confluence None +580 with Unnamed Stream.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Fair Oaks Maps are available for inspection at 219 South Missouri Street, Claremore, OK 74017.

Meade County, South Dakota, and Incorporated Areas

Bear Butte Creek ...... Approximately 3,000 feet downstream of Blanche None +3,341 Unincorporated Areas of Street. Meade County. Approximately 1,632 feet downstream of Blanche None +3,351 Street. Approximately 675 feet upstream of 14th Street ...... +3,472 +3,473 Approximately 630 feet upstream of 13th Street ...... +3,482 +3,480 Blackhawk Creek ...... Approximately 20 feet downstream of Deadwood Ave- None +3,382 Unincorporated Areas of nue North. Meade County. Approximately 3,800 feet upstream of Anderson Road None +3,754 Cook Canyon Creek ...... Approximately 2,550 feet upstream of Short Track None +3,593 Unincorporated Areas of Road. Meade County. Approximately 450 feet upstream of I–90 ...... None +3,596 Deadman Gulch ...... Approximately 180 feet upstream of Ballpark Road .... +3,509 +3,506 Unincorporated Areas of Meade County. Approximately 250 feet downstream of I–90 West ...... +3,534 +3,530 Approximately 50 feet upstream of Elk Road ...... None +3,604 Approximately 100 feet upstream of Elk Road ...... None +3,808 Dolan Creek...... Approximately 500 feet upstream of West Farley None +3,452 Unincorporated Areas of Street. Meade County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29237

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 1,250 feet downstream of I–90 ...... None +3,466 Approximately 80 feet upstream of Pine Glenn Drive None +3,579 Approximately 160 feet upstream of Glenn Ridge None +3,615 Court. East Vanocker Creek ...... Approximately 50 feet downstream of Chicago and None +3,555 Unincorporated Areas of Northwestern Railroad. Meade County. Approximately 1,660 feet upstream of Chicago and None +3,564 Northwestern Railroad. Middle Cook Canyon Creek.. Approximately 1,400 feet upstream of Short Track None +3,562 Unincorporated Areas of Road. Meade County. Approximately 1,950 feet upstream of Short Track None +3,596 Road. South Cook Canyon Creek ... Approximately 1,050 feet upstream of Short Track None +3,552 Unincorporated Areas of Road. Meade County. Approximately 1,835 feet upstream of Short Track None +3,582 Road. South Dolan Creek ...... Approximately 2,050 feet upstream of Dolan Creek None +3,572 Unincorporated Areas of Road. Meade County. Approximately 2,400 feet upstream of Dolan Creek None +3,575 Road. Vanocker Creek ...... Approximately 900 feet downstream of Harmon Street None +3,462 Unincorporated Areas of Meade County. Approximately 125 feet downstream of Harmon Street None +3,472 Approximately 30 feet upstream of Vanocker Canyon None +3,596 Road. Approximately 200 feet upstream of Vanocker Can- None +3,597 yon Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Meade County Maps are available for inspection at the Meade County Courthouse, 1425 Sherman Street, Sturgis, SD 57785.

Grant County, Wisconsin, and Incorporated Areas

Mississippi River ...... Approximately 2.4 miles downstream of Lock and +611 +610 Unincorporated Areas of Dam No. 11. Grant County, Village of Potosi. Approximately 10.8 miles upstream of Lock and Dam +614 +613 No. 11. Mississippi River ...... Approximately 7.4 miles upstream of Lock and Dam None +625 Village of Bagley. No. 10. Approximately 8.0 miles upstream of Lock and Dam None +625 No. 10.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Grant County Maps are available for inspection at 111 South Jefferson Street, Lancaster, WI 53813. Village of Bagley

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29238 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Maps are available for inspection at 400 South Jackley Lane, Bagley, WI 53801. Village of Potosi Maps are available for inspection at 105 North Main Street, Potosi, WI 53820.

(Catalog of Federal Domestic Assistance No. DATES: Comments are to be submitted made final, and for the contents in those 97.022, ‘‘Flood Insurance.’’) on or before August 23, 2010. buildings. Dated: May 5, 2010. ADDRESSES: The corresponding Comments on any aspect of the Flood Sandra K. Knight, preliminary Flood Insurance Rate Map Insurance Study and FIRM, other than Deputy Federal Insurance and Mitigation (FIRM) for the proposed BFEs for each the proposed BFEs, will be considered. Administrator, Mitigation, Department of community is available for inspection at A letter acknowledging receipt of any Homeland Security, Federal Emergency the community’s map repository. The comments will not be sent. Management Agency. respective addresses are listed in the National Environmental Policy Act. [FR Doc. 2010–12462 Filed 5–24–10; 8:45 am] table below. This proposed rule is categorically BILLING CODE 9110–12–P You may submit comments, identified excluded from the requirements of 44 by Docket No. FEMA–B–1100, to Kevin CFR part 10, Environmental C. Long, Acting Chief, Engineering Consideration. An environmental DEPARTMENT OF HOMELAND Management Branch, Mitigation impact assessment has not been SECURITY Directorate, Federal Emergency prepared. Management Agency, 500 C Street, SW., Regulatory Flexibility Act. As flood Federal Emergency Management Washington, DC 20472, (202) 646–2820, elevation determinations are not within Agency or (e-mail) [email protected]. the scope of the Regulatory Flexibility FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory 44 CFR Part 67 Kevin C. Long, Acting Chief, flexibility analysis is not required. Engineering Management Branch, Executive Order 12866, Regulatory [Docket ID FEMA–2010–0003; Internal Mitigation Directorate, Federal Planning and Review. This proposed Agency Docket No. FEMA–B–1100] Emergency Management Agency, 500 C rule is not a significant regulatory action Street, SW., Washington, DC 20472, under the criteria of section 3(f) of Proposed Flood Elevation (202) 646–2820, or (e-mail) Executive Order 12866, as amended. Determinations [email protected]. Executive Order 13132, Federalism. AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: The This proposed rule involves no policies Management Agency, DHS. Federal Emergency Management Agency that have federalism implications under Executive Order 13132. ACTION: Proposed rule. (FEMA) proposes to make determinations of BFEs and modified Executive Order 12988, Civil Justice SUMMARY: Comments are requested on BFEs for each community listed below, Reform. This proposed rule meets the the proposed Base (1% annual-chance) in accordance with section 110 of the applicable standards of Executive Order Flood Elevations (BFEs) and proposed Flood Disaster Protection Act of 1973, 12988. BFE modifications for the communities 42 U.S.C. 4104, and 44 CFR 67.4(a). List of Subjects in 44 CFR Part 67 listed in the table below. The purpose These proposed BFEs and modified of this notice is to seek general BFEs, together with the floodplain Administrative practice and information and comment regarding the management criteria required by 44 CFR procedure, Flood insurance, Reporting proposed regulatory flood elevations for 60.3, are the minimum that are required. and recordkeeping requirements. the reach described by the downstream They should not be construed to mean Accordingly, 44 CFR part 67 is and upstream locations in the table that the community must change any proposed to be amended as follows: below. The BFEs and modified BFEs are existing ordinances that are more a part of the floodplain management stringent in their floodplain PART 67—[AMENDED] measures that the community is management requirements. The 1. The authority citation for part 67 required either to adopt or to show community may at any time enact continues to read as follows: evidence of having in effect in order to stricter requirements of its own or Authority: 42 U.S.C. 4001 et seq.; qualify or remain qualified for pursuant to policies established by other Reorganization Plan No. 3 of 1978, 3 CFR, participation in the National Flood Federal, State, or regional entities. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Program (NFIP). In addition, These proposed elevations are used to 3 CFR, 1979 Comp., p. 376. these elevations, once finalized, will be meet the floodplain management used by insurance agents and others to requirements of the NFIP and also are § 67.4 [Amended] calculate appropriate flood insurance used to calculate the appropriate flood 2. The tables published under the premium rates for new buildings and insurance premium rates for new authority of § 67.4 are proposed to be the contents in those buildings. buildings built after these elevations are amended as follows:

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29239

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Clinton County, Iowa, and Incorporated Areas

Mississippi River ...... Approximately 11.2 miles downstream of U.S. Route None +585 City of Camanche, City of 30. Clinton, Unincorporated Areas of Clinton County. Approximately 12.8 miles upstream of State Highway None +594 136.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Camanche Maps are available for inspection at 917 3rd Street, Camanche, IA 52730. City of Clinton Maps are available for inspection at 110 5th Avenue South, Clinton, IA 52732. Unincorporated Areas of Clinton County Maps are available for inspection at 329 East 11th Street, DeWitt, IA 52742.

Wapello County, Iowa, and Incorporated Areas

Des Moines River ...... Approximately 2.8 miles downstream of U.S. Route None +635 Unincorporated Areas of 34. Wapello County. Approximately 0.9 mile upstream of Blackhawk Road. None +643

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Wapello County Maps are available for inspection at 536 Mill Street, Ottumwa, IA 52501.

Henry County, Kentucky, and Incorporated Areas

Aaron Branch (Backwater ef- From the confluence with Pot Ripple Creek to ap- None +488 Unincorporated Areas of fects from Kentucky River). proximately 0.5 mile upstream of the confluence Henry County. with Pot Ripple Creek. Boiling Branch (Backwater From the confluence with Sulphur Creek to approxi- None +481 Unincorporated Areas of effects from Kentucky mately 0.5 mile upstream of the confluence with Henry County. River). Sulphur Creek. Cane Run (Backwater effects From the confluence with the Kentucky River to ap- None +476 Unincorporated Areas of from Kentucky River). proximately 0.5 mile upstream of Ford Lane. Henry County. Drennon Creek (Backwater From the confluence with the Kentucky River to ap- None +480 Unincorporated Areas of effects from Kentucky proximately 0.8 mile upstream of the confluence Henry County. River). with Drennon Creek Tributary 9. Drennon Creek Tributary 49 From the confluence with Drennon Creek to approxi- None +480 Unincorporated Areas of (Backwater effects from mately 680 feet upstream of the confluence with Henry County. Kentucky River). Drennon Creek. Emily Run (Backwater effects From the confluence with Drennon Creek to approxi- None +480 Unincorporated Areas of from Kentucky River). mately 708 feet upstream of Drennon Road. Henry County. Greens Fork (Backwater ef- From the confluence with Sulphur Creek to approxi- None +481 Unincorporated Areas of fects from Kentucky River). mately 1,360 feet upstream of the confluence with Henry County. Sulphur Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29240 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Gullion Creek Tributary 1 From the confluence with Gullion Run to approxi- None +474 Unincorporated Areas of (Backwater effects from mately 470 feet upstream of Gullion Branch Road. Henry County. Kentucky River). Gullion Run (Backwater ef- From the confluence with the Kentucky River to ap- None +474 Unincorporated Areas of fects from Kentucky River). proximately 885 feet upstream of the confluence Henry County. with Gullion Creek Tributary 1. Hances Branch (Backwater From the confluence with Sixmile Creek to approxi- None +487 Unincorporated Areas of effects from Kentucky mately 1,335 feet upstream of Six Mile Creek Road. Henry County. River). Joes Branch (Backwater ef- From the confluence with Sixmile Creek to approxi- None +487 Unincorporated Areas of fects from Kentucky River). mately 785 feet upstream of Six Mile Creek Road. Henry County. Kentucky River ...... Approximately 0.9 mile downstream of the confluence None +473 Unincorporated Areas of with Gullion Run. Henry County. Approximately 5.0 miles upstream of the confluence None +498 with Stevens Creek West. Longs Branch (Backwater ef- From the confluence with Sixmile Creek to approxi- None +487 Unincorporated Areas of fects from Kentucky River). mately 1,280 feet upstream of the confluence with Henry County. Sixmile Creek. Martini Run (Backwater ef- From the confluence with Drennon Creek to approxi- None +480 Unincorporated Areas of fects from Kentucky River). mately 1,490 feet upstream of Drennon Road. Henry County. Pot Ripple Creek (Backwater From the confluence with the Kentucky River to ap- None +488 Unincorporated Areas of effects from Kentucky proximately 0.8 mile upstream of the confluence Henry County. River). with Aaron Branch. Sixmile Creek (Backwater ef- From the confluence with the Kentucky River to ap- None +487 Unincorporated Areas of fects from Kentucky River). proximately 1,410 feet upstream of the confluence Henry County. with Longs Branch. Stevens Creek West (Back- From the confluence with the Kentucky River to ap- None +494 Unincorporated Areas of water effects from Ken- proximately 1.1 mile upstream of the confluence Henry County. tucky River). with the Kentucky River. Sulphur Creek (Backwater ef- From the confluence with Drennon Creek to approxi- None +481 Unincorporated Areas of fects from Kentucky River). mately 1,200 feet upstream of the confluence with Henry County. Greens Fork.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Henry County Maps are available for inspection at the Henry County Courthouse, 19 South Property Road, New Castle, KY 40050.

Washtenaw County, Michigan (All Jurisdictions)

Huron River ...... Just upstream of Whitmore Lake Road ...... None +775 Village of Barton Hills. Approximately 1,700 feet downstream of Foster Road None +798 North Lake ...... Entire shoreline in the Township of Lyndon ...... None +939 Township of Lyndon. River Raisin ...... Approximately 0.5 mile upstream of State Highway 52 None +880 Township of Manchester. Approximately 0.6 mile upstream of State Highway 52 None +880 Saline River ...... Approximately 0.5 mile downstream of Macon Road .. None +736 Township of Saline. Approximately 1,500 feet upstream of Macon Road ... None +775 Wood Outlet Drain ...... Approximately 0.6 mile upstream of U.S. Route 12 .... None +759 Township of Lodi. Just upstream of the Saline Waterworks ...... None +792

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29241

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

ADDRESSES Township of Lodi Maps are available for inspection at 3755 Pleasant Lake Road, Ann Arbor, MI 48103. Township of Lyndon Maps are available for inspection at 17751 North Territorial Road, Chelsea, MI 48188. Township of Manchester Maps are available for inspection at 275 South Macomb Street, Manchester, MI 48158. Township of Saline Maps are available for inspection at 5371 Braun Road, Saline, MI 48176. Village of Barton Hills Maps are available for inspection at 199 Barton Shore Drive, Ann Arbor, MI 48107.

Sussex County, New Jersey (All Jurisdictions)

Culvers Creek ...... At the confluence with Dry Brook ...... None +528 Township of Frankford. At the upstream corporate limit of the Township of None +645 Frankford. Delaware River ...... At the Warren County boundary ...... None +352 Township of Montague, Township of Sandyston. At the New Jersey/New York State boundary ...... None +426 Dry Brook ...... At the upstream face of the Route 206 culvert ...... None +509 Borough of Branchville, Township of Frankford. Approximately 675 feet upstream of Wantage Avenue None +575 (County Road 519). Lake Hopatcong ...... Entire shoreline within the Borough of Hopatcong ...... None +925 Borough of Hopatcong. Lake Mohawk ...... Entire shoreline within the Township of Byram ...... None +730 Township of Byram. Lubbers Run ...... At the downstream corporate limit of the Borough of None +733 Borough of Hopatcong. Hopatcong. Approximately 3,540 feet upstream of Sussex County None +809 Road 605. Lubbers Run ...... Approximately 2,620 feet downstream of Mansfield None +710 Township of Byram. Drive. Approximately 140 feet upstream of Mansfield Drive .. None +713 Musconetcong River ...... At the downstream corporate limit of the Borough of None +870 Borough of Hopatcong. Hopatcong. Approximately 2,530 feet upstream of the down- None +876 stream corporate limit of the Borough of Hopatcong. Paulins Kill ...... At the Township of Hampton boundary ...... None +502 Township of Frankford. Approximately 200 feet downstream of Decker Road None +502 Pequest River ...... Approximately 380 feet downstream of County Road None +583 Township of Fredon. 618 (at Township of Andover boundary). Approximately 400 feet upstream of County Road 618 None +584 (at Township of Andover boundary). Unnamed Tributary to Approximately 300 feet downstream of the U.S. Route None +502 Township of Hampton. Paulins Kill. 206 Bridge. Approximately 20 feet downstream of the U.S. Route None +502 206 Bridge. Wallkill River ...... Approximately 315 feet upstream of County Route None +393 Township of Hardyston. 565 (at Township of Vernon boundary). Approximately 320 feet downstream of Scott Road (at None +403 Borough of Franklin boundary).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Borough of Branchville Maps are available for inspection at 5 Main Street, Branchville Municipal Building, Branchville, NJ 07826. Borough of Hopatcong Maps are available for inspection at 111 River Styx Road, Hopatcong Borough Municipal Building, Hopatcong, NJ 07843.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29242 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Township of Byram Maps are available for inspection at 10 Mansfield Drive, Byram Township Municipal Building, Stanhope, NJ 07874. Township of Frankford Maps are available for inspection at 151 State Highway 206, Frankford Township Municipal Building, Augusta, NJ 07822. Township of Fredon Maps are available for inspection at 443 Route 94, Fredon Township Municipal Building, Newton, NJ 07860. Township of Hampton Maps are available for inspection at 1 Rumsey Way, Hampton Township Municipal Building, Newton, NJ 07860. Township of Hardyston Maps are available for inspection at 149 Wheatsworth Road, Suite A, Hardyston Township Municipal Building, Hardyston, NJ 07419. Township of Montague Maps are available for inspection at 277 Clove Road, Montague Township Municipal Building, Montague, NJ 07827. Township of Sandyston Maps are available for inspection at 133 County Road 645, Sandyston Township Municipal Building, Sandyston, NJ 07826.

Clearfield County, Pennsylvania (All Jurisdictions)

Clear Run ...... Approximately 580 feet upstream of U.S. Route 219 .. None +1,405 City of Dubois. Approximately 220 feet upstream of Juniata Street ..... None +1,420 Laurel Run No. 1 ...... Approximately 2,690 feet downstream of the con- None +1,467 Township of Boggs. fluence with Laurel Run Tributary A. Approximately 2,625 feet downstream of the con- None +1,467 fluence with Laurel Run Tributary A. Pentz Run ...... Approximately 435 feet downstream of U.S. Route None +1,409 Township of Sandy. 219. Approximately 360 feet downstream of U.S. Route None +1,410 219. Pentz Run Tributary ...... Approximately 195 feet upstream of the confluence None +1,410 Township of Sandy. with Pentz Run. Approximately 125 feet downstream of Forest Avenue None +1,412 West Branch Susquehanna Approximately 4,485 feet downstream of U.S. Route None +1,323 Township of Burnside. River. 219. Approximately 2,275 feet downstream of U.S. Route None +1,325 219. Approximately 1,910 feet downstream of the con- None +1,332 fluence with Rock Run No. 2. Approximately 1,475 feet downstream of the con- None +1,333 fluence with Rock Run No. 2.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Dubois Maps are available for inspection at 16 West Scribner Avenue, DuBois, PA 15801. Township of Boggs Maps are available for inspection at 150 Blue Ball Road, West Decatur, PA 16878. Township of Burnside Maps are available for inspection at 2447 Ridge Road, Westover, PA 16692. Township of Sandy Maps are available for inspection at 1094 Chestnut Avenue, DuBois, PA 15801.

Dauphin County, Pennsylvania (All Jurisdictions)

Beaver Creek (Upper Reach) Approximately 1,540 feet below Devonshire Heights None +381 Township of Lower Road. Paxton. Approximately 160 feet above the confluence with None +432 Beaver Creek Tributary A.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29243

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Paxton Creek ...... Approximately 2,285 feet above the confluence with None +321 City of Harrisburg. Paxton Tributary. Approximately 4,000 feet above confluence with the None +325 centerline of the Susquehanna River. Susquehanna River ...... At Whitehouse Lane (295 feet northeast of Cherry Av- None +304 Borough of Steelton. enue). Approximately 840 feet northwest of the intersection None +313 of Franklin Street and the railroad. Swatara Creek ...... Approximately 2,100 feet downstream of the con- None +348 Township of East Hanover. fluence with Bow Creek. At the Lebanon County boundary ...... None +359

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Borough of Steelton Maps are available for inspection at 123 North Front Street, Steelton, PA 17113. City of Harrisburg Maps are available for inspection at the City Government Center, 10 North 2nd Street, Harrisburg, PA 17101. Township of East Hanover Maps are available for inspection at 8848 Jonestown Road, Grantville, PA 17028. Township of Lower Paxton Maps are available for inspection at 425 Prince Street, Harrisburg, PA 17109.

Fort Bend County, Texas, and Incorporated Areas

Brazos River ...... At the confluence with Cow Creek ...... +53 +51 City of Missouri City, City of Richmond, City of Rosenberg, City of Sugar Land, Fort Bend County L.I.D. #2, Fort Bend County L.I.D. #7, Pecan Grove M.U.D., Unincorporated Areas of Fort Bend County, Vil- lage of Simonton, Wes- ton Lakes. At the Waller/Austin county boundary ...... +116 +117 Cane Island Branch ...... Just upstream of the confluence with Willow Fork Buf- +133 +132 City of Katy. falo Bayou. Just upstream of I–10 ...... +135 +133 Clear Creek ...... Just downstream of FM 2234 ...... +62 +60 City of Houston, City of Pearland, Unincor- porated Areas of Fort Bend County. Just downstream of Rouen Road ...... +70 +68 Keegans Bayou...... Approximately 1,500 feet downstream of Hodges None +88 West Keegans Bayou Im- Bend Drive. provement District. Approximately 988 feet upstream of Hodges Bend None +88 Drive. Lower Oyster Creek ...... At the confluence with Flat Bank Creek ...... +60 +61 City of Arcola, City of Mis- souri City, Unincor- porated Areas of Fort Bend County. Approximately 1,300 feet upstream of McKeever None +64 Road. Old Oyster Creek (Backwater Approximately 2,000 feet downstream of Ellison Road None +59 City of Missouri City, Unin- effects from Lower Oyster corporated Areas of Fort Creek). Bend County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29244 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Just downstream of Watts Plantation Road ...... None +60 Oyster Creek ...... At the confluence with Flat Bottom Creek ...... +60 +61 City of Missouri City, City of Sugar Land, First Col- ony L.I.D., Fort Bend County L.I.D. #2, Fort Bend County M.U.D. #42, Pecan Grove M.U.D., Unincorporated Areas of Fort Bend County. At the confluence with Jones Creek ...... +81 +85 Willow Fork Buffalo Bayou .... At the Harris County boundary ...... +98 +97 City of Houston, City of Katy, Unincorporated Areas of Fort Bend County, Willow Fork Drainage District. At the Waller County boundary ...... +146 +147

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Arcola Maps are available for inspection at 13222 State Highway 6, Arcola, TX 77583. City of Houston Maps are available for inspection at 3300 Main Street, Houston, TX 77002. City of Katy Maps are available for inspection at 910 Avenue C, Katy, TX 77492. City of Missouri City Maps are available for inspection at 1522 Texas Parkway, Missouri City, TX 77459. City of Pearland Maps are available for inspection at 3519 Liberty Drive, Pearland, TX 77581. City of Richmond Maps are available for inspection at 402 Morton Street, Richmond, TX 77469. City of Rosenberg Maps are available for inspection at 2110 4th Street, Rosenberg, TX 77471. City of Sugar Land Maps are available for inspection at 10405 Corporate Drive, Sugar Land, TX 77478. First Colony L.I.D. Maps are available for inspection at 2077 South Gessner Road, Suite 225, Houston, TX 77063. Fort Bend County L.I.D. #2 Maps are available for inspection at 2929 Briarpark Drive, Suite 600, Houston, TX 77042. Fort Bend County L.I.D. #7 Maps are available for inspection at 2929 Briarpark Drive, Suite 600, Houston, TX 77042. Fort Bend County M.U.D. #42 Maps are available for inspection at 6335 Gulfton Street, Suite 200, Houston, TX 77081. Pecan Grove M.U.D. Maps are available for inspection at 6335 Gulfton Street, Suite 200, Houston, TX 77081. Unincorporated Areas of Fort Bend County Maps are available for inspection at 1124 Blume Road, Rosenburg, TX 77471. Village of Simonton Maps are available for inspection at 1104 Blume Road, Rosenburg, TX 77471. West Keegans Bayou Improvement District Maps are available for inspection at 5757 Woodway Drive, Houston, TX 77057. Weston Lakes Maps are available for inspection at 32611 FM 1093, Fulshear, TX 77441. Willow Fork Drainage District

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29245

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Maps are available for inspection at 5757 Woodway Drive, Houston, TX 77057.

Iron County, Utah, and Incorporated Areas

Coal Creek ...... At the divergence from North Airport Canal ...... +5,618 +5,619 City of Cedar City. Just downstream of I–15 ...... None +5,676 Cross Hollow ...... Approximately 250 feet downstream of Cross Hollow None +5,750 City of Cedar City. Road. Just upstream of I–15 ...... None +6,000 Greens Lake ...... Just upstream of I–15 ...... None +6,000 City of Cedar City, Unin- corporated Areas of Iron County. Approximately 0.66 mile upstream of Fir Street ...... None +6,046 Parowan Creek ...... Just upstream of I–15 ...... None +5,806 City of Parowan, Unincor- porated Areas of Iron County. Approximately 1.41 mile upstream of Old Highway 91 None +6,237 Quichapa Channel ...... Just upstream of 6300 West Street ...... None +5,476 City of Cedar City, Unin- corporated Areas of Iron County. Just downstream of I–15 ...... +5,683 +5,682 Red Creek ...... Approximately 0.36 mile downstream of Center Street None +5,900 Unincorporated Areas of Iron County. Approximately 40 feet upstream of Red Creek Road .. None +6,061 Shurtz Creek ...... Just downstream of 5700 West Street ...... None +5,481 City of Cedar City, Unin- corporated Areas of Iron County. Approximately 0.26 mile upstream of I–15 ...... None +5,731 Squaw Creek ...... At the confluence with Coal Creek ...... None +5,876 City of Cedar City. Approximately 0.71 mile upstream of 200 South None +6,085 Street. Water Canyon...... Approximately 60 feet downstream of 100 West None +5,850 Unincorporated Areas of Street. Iron County. Approximately 0.34 mile upstream of Main Street ...... None +5,918

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Cedar City Maps are available for inspection at 10 North Main Street, Cedar City, UT 84702. City of Parowan Maps are available for inspection at 5 South Main, Parowan, UT 84761. Unincorporated Areas of Iron County Maps are available for inspection at 82 North 100 East, Suite 104, Cedar City, UT 84720.

Pierce County, Wisconsin, and Incorporated Areas

Bay City Creek ...... Approximately 900 feet upstream of State Highway 35 None +690 Unincorporated Areas of Pierce County. Approximately 1,000 feet upstream of State Highway None +691 35. Eau Galle River ...... Approximately 0.8 mile upstream of Winter Avenue None +846 Unincorporated Areas of (State Highway 72). Pierce County. Approximately 0.9 mile upstream of Winter Avenue None +847 (State Highway 72). Kinnickinnic River...... Approximately 1,600 feet downstream of the Lake None +810 Unincorporated Areas of Louise Dam. Pierce County. Approximately 1,000 feet downstream of the Lake None +812 Louise Dam.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29246 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Mississippi River ...... At the Pepin County boundary ...... +682 +681 City of Prescott, Unincor- porated Areas of Pierce County, Village of Bay City, Village of Maiden Rock. Approximately 1,700 feet south of the intersection of +691 +690 State Highway 35 and Walter Street. Rush Coulee ...... Approximately 250 feet downstream of Maple Avenue None +832 Unincorporated Areas of (County Highway S). Pierce County. At Maple Avenue (County Highway S) ...... None +833

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Prescott Maps are available for inspection at City Hall, 800 Borner Street North, Prescott, WI 54021. Unincorporated Areas of Pierce County Maps are available for inspection at the Pierce County Courthouse, 414 West Main Street, Ellsworth, WI 54011. Village of Bay City Maps are available for inspection at the Village Hall, West 6371 Main Street, Bay City, WI 54723. Village of Maiden Rock Maps are available for inspection at the Village Hall, West 3535 State Road 35, Maiden Rock, WI 54750.

(Catalog of Federal Domestic Assistance No. BFE modifications for the communities C. Long, Acting Chief, Engineering 97.022, ‘‘Flood Insurance.’’) listed in the table below. The purpose Management Branch, Mitigation Dated: May 11, 2010. of this notice is to seek general Directorate, Federal Emergency Sandra K. Knight, information and comment regarding the Management Agency, 500 C Street, SW., Deputy Federal Insurance and Mitigation proposed regulatory flood elevations for Washington, DC 20472, (202) 646–2820, Administrator, Mitigation, Department of the reach described by the downstream or (e-mail) [email protected]. Homeland Security, Federal Emergency and upstream locations in the table FOR FURTHER INFORMATION CONTACT: Management Agency. below. The BFEs and modified BFEs are Kevin C. Long, Acting Chief, [FR Doc. 2010–12488 Filed 5–24–10; 8:45 am] a part of the floodplain management Engineering Management Branch, BILLING CODE 9110–12–P measures that the community is Mitigation Directorate, Federal required either to adopt or to show Emergency Management Agency, 500 C evidence of having in effect in order to Street, SW., Washington, DC 20472, DEPARTMENT OF HOMELAND qualify or remain qualified for (202) 646–2820, or (e-mail) SECURITY participation in the National Flood [email protected]. Insurance Program (NFIP). In addition, Federal Emergency Management these elevations, once finalized, will be SUPPLEMENTARY INFORMATION: The Agency used by insurance agents and others to Federal Emergency Management Agency calculate appropriate flood insurance (FEMA) proposes to make 44 CFR Part 67 premium rates for new buildings and determinations of BFEs and modified [Docket ID FEMA–2010–0003; Internal the contents in those buildings. BFEs for each community listed below, Agency Docket No. FEMA–B–1104] DATES: Comments are to be submitted in accordance with section 110 of the on or before August 23, 2010. Flood Disaster Protection Act of 1973, Proposed Flood Elevation ADDRESSES: The corresponding 42 U.S.C. 4104, and 44 CFR 67.4(a). Determinations preliminary Flood Insurance Rate Map These proposed BFEs and modified AGENCY: Federal Emergency (FIRM) for the proposed BFEs for each BFEs, together with the floodplain Management Agency, DHS. community is available for inspection at management criteria required by 44 CFR ACTION: Proposed rule. the community’s map repository. The 60.3, are the minimum that are required. respective addresses are listed in the They should not be construed to mean SUMMARY: Comments are requested on table below. that the community must change any the proposed Base (1% annual-chance) You may submit comments, identified existing ordinances that are more Flood Elevations (BFEs) and proposed by Docket No. FEMA–B–1104, to Kevin stringent in their floodplain

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29247

management requirements. The CFR part 10, Environmental List of Subjects in 44 CFR Part 67 community may at any time enact Consideration. An environmental stricter requirements of its own or impact assessment has not been Administrative practice and pursuant to policies established by other prepared. procedure, Flood insurance, Reporting Federal, State, or regional entities. Regulatory Flexibility Act. As flood and recordkeeping requirements. These proposed elevations are used to elevation determinations are not within Accordingly, 44 CFR part 67 is meet the floodplain management the scope of the Regulatory Flexibility proposed to be amended as follows: requirements of the NFIP and also are Act, 5 U.S.C. 601–612, a regulatory used to calculate the appropriate flood flexibility analysis is not required. PART 67—[AMENDED] insurance premium rates for new Executive Order 12866, Regulatory buildings built after these elevations are Planning and Review. This proposed 1. The authority citation for part 67 made final, and for the contents in those rule is not a significant regulatory action continues to read as follows: buildings. under the criteria of section 3(f) of Executive Order 12866, as amended. Authority: 42 U.S.C. 4001 et seq.; Comments on any aspect of the Flood Executive Order 13132, Federalism. Reorganization Plan No. 3 of 1978, 3 CFR, Insurance Study and FIRM, other than This proposed rule involves no policies 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, the proposed BFEs, will be considered. that have federalism implications under 3 CFR, 1979 Comp., p. 376. A letter acknowledging receipt of any Executive Order 13132. § 67.4 [Amended] comments will not be sent. Executive Order 12988, Civil Justice National Environmental Policy Act. Reform. This proposed rule meets the 2. The tables published under the This proposed rule is categorically applicable standards of Executive Order authority of § 67.4 are proposed to be excluded from the requirements of 44 12988. amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Canyon County, Idaho, and Incorporated Areas

Renshaw Canal ...... Just upstream of Union Pacific Railroad ...... None +2346 City of Greenleaf. Just upstream of State Highway 19 ...... None +2352

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Greenleaf Maps are available for inspection at City Hall, 20523 North Whittier Drive, Greenleaf, ID 83626.

Adams County, Illinois, and Incorporated Areas

Cedar Creek ...... At the confluence with the Mississippi River ...... +486 +487 City of Quincy, Unincor- porated Areas of Adams County. Approximately 1,000 feet downstream of U.S. Route +486 +487 24. Curtis Creek ...... At the confluence with the Mississippi River ...... +485 +486 Unincorporated Areas of Adams County. Approximately 150 feet upstream of State Route 57 ... +485 +486 Mill Creek ...... At the confluence with the Mississippi River ...... +480 +481 Unincorporated Areas of Adams County. Approximately 1,850 feet upstream of State Route 57 +480 +481 Mississippi River ...... Approximately 2.9 miles upstream of U.S. Route 36 +477 +479 City of Quincy, Unincor- (River Mile 312.4). porated Areas of Adams County. Approximately 4.1 miles upstream of Lock and Dam +495 +494 No. 20 (River Mile 347.4).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29248 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Quincy Maps are available for inspection at City Hall, 730 Maine Street, Quincy, IL 62301. Unincorporated Areas of Adams County Maps are available for inspection at the Adams County Highway Department, 101 North 54th Street, Quincy, IL 62305.

Grundy County, Illinois, and Incorporated Areas

Claypool Ditch ...... Approximately at Carbon Hill Road ...... None +546 Village of Carbon Hill. Approximately 0.38 mile upstream of Carbon Hill None +546 Road. Des Plaines River ...... Approximately 1.75 mile upstream of the upstream +509 +510 Unincorporated Areas of side of the Dresden Island Lock and Dam. Grundy County, Village of Channahon. Approximately 0.1 mile upstream of Will Road ex- +511 +510 tended. East Fork Mazon River ...... Approximately 1,275 feet downstream of Rice Street None +581 Village of East Brooklyn. Approximately at Rice Street ...... None +582 Gooseberry Creek ...... Approximately 750 feet upstream of Old Mazon Road +613 +612 Unincorporated Areas of Grundy County, Village of Dwight. Approximately 425 feet upstream of U.S. Route 66 .... None +620 Illinois River ...... Approximately 0.4 mile downstream of the railroad ..... +496 +497 City of Morris, Unincor- porated Areas of Grundy County, Village of Channahon, Village of Seneca. Just downstream of the Dresden Island Lock and +505 +507 Dam.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Morris Maps are available for inspection at City Hall, 320 Wauponsee Street, Morris, IL 60450. Unincorporated Areas of Grundy County Maps are available for inspection at the Grundy County Administration Building, 1320 Union Street, Morris, IL 60450. Village of Carbon Hill Maps are available for inspection at the Village Hall, 695 North Holcomb Street, Carbon Hill, IL 60416. Village of Channahon Maps are available for inspection at the Village Hall, 24555 South Navajo Drive, Channahon, IL 60410. Village of Dwight Maps are available for inspection at the Dwight Public Services Complex, 209 South Prairie Avenue, Dwight, IL 60420. Village of East Brooklyn Maps are available for inspection at the Village Hall, 170 Monroe Street, East Brooklyn, IL 60474. Village of Seneca Maps are available for inspection at the Village Hall, 340 North Cash, Seneca, IL 61360.

La Salle County, Illinois, and Incorporated Areas

Bailey Creek...... Approximately 0.52 mile downstream of Pontiac None +638 Unincorporated Areas of Street. La Salle County, Village of Tonica. Approximately 100 feet downstream of I–39 ...... None +651

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29249

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Bailey Creek Unnamed Trib- Approximately at the confluence with Bailey Creek ..... None +646 Village of Tonica. utary. Approximately 225 feet upstream of IL–251 ...... None +652 Clark Run ...... Approximately at the confluence with the Illinois River +466 +467 Unincorporated Areas of La Salle County, Village of North Utica. Approximately 525 feet downstream of the Illinois and +466 +467 Michigan Canal. Fox River ...... Approximately at the confluence with the Illinois River +472 +474 City of Ottawa, Unincor- porated Areas of La Salle County. Approximately 0.87 mile upstream of U.S. Route 6/ +473 +474 Norris Drive. Goose Creek ...... Approximately at the confluence with the Fox River ... +472 +474 City of Ottawa, Unincor- porated Areas of La Salle County. Approximately 100 feet upstream of Champlain Street +473 +474 Illinois River...... Approximately 0.51 mile downstream of the con- +466 +463 City of La Salle, City of fluence with Cedar Creek. Marseilles, City of Oglesby, City of Ottawa, City of Peru, Unincor- porated Areas of La Salle County, Village of Naplate, Village of North Utica, Village of Seneca. Approximately 1.1 mile upstream of IL–170 ...... +497 +498 Mendota Creek ...... Approximately 0.4 mile downstream of 1st Street ...... None +724 City of Mendota, Unincor- porated Areas of La Salle County. Approximately 0.55 mile upstream of Lakewood Plaza +766 +767 Drive. Rat Run ...... Approximately at the confluence with the Illinois River +493 +495 Unincorporated Areas of La Salle County, Village of Seneca. Approximately 125 feet downstream of IL–170 ...... +494 +495

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of La Salle Maps are available for inspection at City Hall, 745 2nd Street, La Salle, IL 61301. City of Marseilles Maps are available for inspection at City Hall, 209 Lincoln Street, Marseilles, IL 61341. City of Mendota Maps are available for inspection at City Hall, 800 Washington Street, Mendota, IL 61342. City of Oglesby Maps are available for inspection at City Hall, 110 East Walnut Street, Oglesby, IL 61348. City of Ottawa Maps are available for inspection at City Hall, 301 West Madison Street, Ottawa, IL 61350. City of Peru Maps are available for inspection at City Hall, 1727 4th Street, Peru, IL 61354. Unincorporated Areas of La Salle County Maps are available for inspection at the La Salle County Courthouse, Etna Road Complex, 707 East Etna Road, Ottawa, IL 61350. Village of Naplate Maps are available for inspection at the Village Hall, 2000 West Ottawa Avenue, Naplate, IL 61350. Village of North Utica Maps are available for inspection at the Village Hall, 801 South Clark Street, North Utica, IL 61373.

VerDate Mar<15>2010 18:07 May 24, 2010 Jkt 220001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29250 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Village of Seneca Maps are available for inspection at the Village Hall, 340 North Cash Street, Seneca, IL 61360. Village of Tonica Maps are available for inspection at the Village Hall, 308 Uncas Street, Tonica, IL 61370.

Marion County, Illinois, and Incorporated Areas

CEI Branch of Town Creek ... Approximately 650 feet upstream of the Chicago and None +530 Unincorporated Areas of Eastern Illinois Dam. Marion County. Approximately 1,100 feet upstream of Old Yards None +530 Road. Crooked Creek ...... Approximately 1,650 feet downstream of West Green None +464 Unincorporated Areas of Street extended. Marion County. Approximately at the upstream side of Breway Hill None +468 Road. Folks Creek ...... Approximately at the downstream side of Kell Street .. None +515 Unincorporated Areas of Marion County. Approximately at the upstream side of Blair Street ..... None +531 Fulton Branch ...... Approximately at the upstream side of the railroad ..... None +490 City of Centralia. Approximately 300 feet upstream of U.S. Route 51 None +492 (Southbound Lane). Fulton Branch Tributary ...... Approximately at the upstream side of Wabash Ave- None +499 City of Centralia. nue. Approximately at the downstream side of U.S. Route None +512 51. Raccoon Creek ...... Approximately 0.85 mile downstream of Green Street None +468 Unincorporated Areas of Road. Marion County. Approximately at the downstream side of the Rac- None +468 coon Lake Dam. Raccoon Lake ...... Approximately at the upstream side of the Raccoon None +480 Unincorporated Areas of Lake Dam. Marion County. Approximately 1.27 mile downstream of IL–161 ...... None +480 Town Creek ...... Approximately at the downstream side of Kell Street .. None +502 Unincorporated Areas of Marion County. Approximately 1,600 feet downstream of Tonti Road .. None +550 Tributary No. 1 ...... Approximately at the upstream side of Franklin Street None +530 Unincorporated Areas of Marion County. Approximately 570 feet upstream of Franklin Street ... None +530 Tributary No. 2 ...... Approximately 1,200 feet downstream of Lake Street None +525 Unincorporated Areas of extended. Marion County. Approximately at the downstream side of West Blair None +542 Street. Unnamed Tributary A...... Approximately 420 feet upstream of Green Street +471 +468 City of Centralia, Unincor- Road. porated Areas of Marion County. Approximately 90 feet downstream of Club House +471 +468 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Centralia Maps are available for inspection at City Hall, 222 South Poplar Street, Centralia, IL 62801. Unincorporated Areas of Marion County Maps are available for inspection at the Marion County Courthouse, 100 Broadway Avenue, Salem, IL 62881.

Pottawatomie County, Kansas, and Incorporated Areas

Big Blue River Tributary ...... Approximately 100 feet upstream of the confluence None +1,010 Unincorporated Areas of with the Big Blue River. Pottawatomie County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29251

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 1,200 feet upstream of Junietta Road .. None +1,058 College Creek ...... Approximately 0.9 mile downstream of Palmer Street None +937 City of St. Marys, Unincor- porated Areas of Pottawatomie County. Approximately 50 feet downstream of Mt. Calvary None +1,001 Road. College Creek Left Overflow Approximately 0.4 mile downstream of Our Ladys Cir- None +954 Unincorporated Areas of cle. Pottawatomie County. At Our Ladys Circle ...... None +959 College Creek Lower Left Approximately 1.1 mile upstream of the confluence None +941 City of St. Marys, Unincor- Overflow. with the Kansas River. porated Areas of Pottawatomie County. At Bertrand Street ...... None +959 College Creek Right Over- Approximately 600 feet upstream of the confluence None +941 Unincorporated Areas of flow. with College Creek. Pottawatomie County. Approximately 425 feet upstream of 1st Street ...... None +962 Elbo Creek ...... Approximately 1,600 feet upstream of the confluence None +1,010 Unincorporated Areas of with the Big Blue River. Pottawatomie County. Approximately 1,400 feet upstream of the confluence None +1,064 with School Creek. Elbo Creek Tributary ...... At the confluence with Elbo Creek ...... None +1,042 Unincorporated Areas of Pottawatomie County. Approximately 950 feet upstream of Junietta Road ..... None +1,068 School Creek ...... At the confluence with Elbo Creek ...... None +1,061 Unincorporated Areas of Pottawatomie County. Approximately 0.5 mile feet upstream of the con- None +1,075 fluence with Elbo Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of St. Marys Maps are available for inspection at City Hall, 200 South 7th Street, St. Marys, KS 66536. Unincorporated Areas of Pottawatomie County Maps are available for inspection at the Pottawatomie County Courthouse, Zoning Office, 207 North First, Westmoreland, KS 66549.

Gratiot County, Michigan (All Jurisdictions)

Pine River Lower Reach ...... At Chessman Road ...... None +724 Township of Pine River. Approximately 0.65 mile upstream of Chessman Road None +724 Pine River Upper Reach ...... Approximately 0.77 mile upstream of the State Street None +735 Township of Arcada. Dam. Approximately 0.96 mile upstream of the State Street None +735 Dam.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Township of Arcada Maps are available for inspection at the Arcada Township Hall, 3200 West Tyler Road, Alma, MI 48801. Township of Pine River Maps are available for inspection at the Pine River Township Hall, 1495 West Monroe Road, St. Louis, MI 48880.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29252 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Erie County, Pennsylvania, (All Jurisdictions)

Fourmile Creek ...... Approximately 735 feet downstream of Access Road None +577 Township of Harborcreek, Township of Lawrence Park. Approximately 745 feet downstream of Buffalo Road None +688 Approximately 485 feet downstream of Buffalo Road None +693 Approximately 400 feet upstream of Mindi Court ...... None +770 Lake Erie ...... Entire coastline in the Commonwealth of Pennsyl- None +577 Township of Girard, Town- vania. ship of Harborcreek, Township of North East.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Township of Girard Maps are available for inspection at the Municipal Building, 10140 West Ridge Road, Girard, PA 16417. Township of Harborcreek Maps are available for inspection at 5601 Buffalo Road, Harborcreek, PA 16421. Township of Lawrence Park Maps are available for inspection at the Lawrence Park Township Office, 4230 Iroquois Avenue, Erie, PA 16511. Township of North East Maps are available for inspection at the Township Main Office, 1300 West Main Road, North East, PA 16428.

Dinwiddie County, Virginia, and Incorporated Areas

Appomattox River ...... Approximately 1.65 mile downstream of Ferndale None +55 Unincorporated Areas of Road (State Route 600). Dinwiddie County. Approximately 1.28 mile upstream of the Vepco Dam None +131

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Dinwiddie County Maps are available for inspection at the Dinwiddie County Government Center, Planning Department, 14016 Boydton Plank Road, Dinwiddie, VA 23841.

Fremont County, Wyoming, and Incorporated Areas

Big (Middle) Popo Agie River Approximately 80 feet upstream of the confluence None +5,239 City of Lander, Unincor- with the North Popo Agie River. porated Areas of Fre- mont County. Approximately 6,030 feet upstream of Field Station None +5,978 Road. Dickinson Creek...... Approximately 240 feet downstream of Fremont None +5,398 City of Lander, Unincor- Street. porated Areas of Fre- mont County. Approximately 3,360 feet upstream of Fremont Street None +5,438 Fremont Street Split ...... Approximately 160 feet downstream of 3rd Street ...... None +5,389 City of Lander. Approximately 380 feet upstream of 4th Street ...... None +5,402

* National Geodetic Vertical Datum. + North American Vertical Datum.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29253

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

# Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Lander Maps are available for inspection at 240 Lincoln Street, Lander, WY 82520. Unincorporated Areas of Fremont County Maps are available for inspection at 450 North 2nd Street, Room 360, Lander, WY 82520.

Catalog of Federal Domestic Assistance No. used by insurance agents and others to community may at any time enact 97.022, ‘‘Flood Insurance.’’) calculate appropriate flood insurance stricter requirements of its own or Dated: May 11, 2010. premium rates for new buildings and pursuant to policies established by other Sandra K. Knight, the contents in those buildings. Federal, State, or regional entities. Deputy Federal Insurance and Mitigation DATES: Comments are to be submitted These proposed elevations are used to Administrator, Mitigation, Department of on or before August 23, 2010. meet the floodplain management Homeland Security, Federal Emergency ADDRESSES: The corresponding requirements of the NFIP and also are Management Agency. preliminary Flood Insurance Rate Map used to calculate the appropriate flood [FR Doc. 2010–12489 Filed 5–24–10; 8:45 am] (FIRM) for the proposed BFEs for each insurance premium rates for new BILLING CODE 9110–12–P community is available for inspection at buildings built after these elevations are the community’s map repository. The made final, and for the contents in those respective addresses are listed in the buildings. DEPARTMENT OF HOMELAND table below. Comments on any aspect of the Flood SECURITY You may submit comments, identified Insurance Study and FIRM, other than by Docket No. FEMA–B–1097, to Kevin the proposed BFEs, will be considered. Federal Emergency Management A letter acknowledging receipt of any Agency C. Long, Acting Chief, Engineering Management Branch, Mitigation comments will not be sent. National Environmental Policy Act. 44 CFR Part 67 Directorate, Federal Emergency Management Agency, 500 C Street, SW., This proposed rule is categorically [Docket ID FEMA–2010–0003; Internal Washington, DC 20472, (202) 646–2820, excluded from the requirements of 44 Agency Docket No. FEMA–B–1097] or (e-mail) [email protected]. CFR part 10, Environmental Consideration. An environmental FOR FURTHER INFORMATION CONTACT: Proposed Flood Elevation impact assessment has not been Kevin C. Long, Acting Chief, Determinations prepared. Engineering Management Branch, Regulatory Flexibility Act. As flood AGENCY: Federal Emergency Mitigation Directorate, Federal elevation determinations are not within Management Agency, DHS. Emergency Management Agency, 500 C the scope of the Regulatory Flexibility ACTION: Proposed rule. Street, SW., Washington, DC 20472, Act, 5 U.S.C. 601–612, a regulatory (202) 646–2820, or (e-mail) SUMMARY: Comments are requested on flexibility analysis is not required. [email protected]. the proposed Base (1% annual-chance) Executive Order 12866, Regulatory Flood Elevations (BFEs) and proposed SUPPLEMENTARY INFORMATION: The Planning and Review. This proposed BFE modifications for the communities Federal Emergency Management Agency rule is not a significant regulatory action listed in the table below. The purpose (FEMA) proposes to make under the criteria of section 3(f) of of this notice is to seek general determinations of BFEs and modified Executive Order 12866, as amended. information and comment regarding the BFEs for each community listed below, Executive Order 13132, Federalism. proposed regulatory flood elevations for in accordance with section 110 of the This proposed rule involves no policies the reach described by the downstream Flood Disaster Protection Act of 1973, that have federalism implications under and upstream locations in the table 42 U.S.C. 4104, and 44 CFR 67.4(a). Executive Order 13132. below. The BFEs and modified BFEs are These proposed BFEs and modified Executive Order 12988, Civil Justice a part of the floodplain management BFEs, together with the floodplain Reform. This proposed rule meets the measures that the community is management criteria required by 44 CFR applicable standards of Executive Order required either to adopt or to show 60.3, are the minimum that are required. 12988. evidence of having in effect in order to They should not be construed to mean qualify or remain qualified for that the community must change any List of Subjects in 44 CFR Part 67 participation in the National Flood existing ordinances that are more Administrative practice and Insurance Program (NFIP). In addition, stringent in their floodplain procedure, Flood insurance, Reporting these elevations, once finalized, will be management requirements. The and recordkeeping requirements.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29254 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

Accordingly, 44 CFR part 67 is Authority: 42 U.S.C. 4001 et seq.; § 67.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, proposed to be amended as follows: 2. The tables published under the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, PART 67—[AMENDED] 3 CFR, 1979 Comp., p. 376. authority of § 67.4 are proposed to be amended as follows: 1. The authority citation for part 67 continues to read as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location** ground ∧ Elevation in meters (MSL) Existing Modified

City of Hampton, Virginia

Virginia ...... City of Hampton .... Newmarket Creek...... Approximately 275 feet downstream of +8 +9 Big Bethel Road. Approximately 20 feet upstream of the None +22 confluence with Newmarket Creek Trib- utary. City of Hampton .... Newmarket Creek Tribu- At the confluence with Newmarket Creek. None +22 tary. Approximately 30 feet downstream of I– None +22 64.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Hampton Maps are available for inspection at the Central Permits Office, 22 Lincoln Avenue, Hampton, VA 23669.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Rio Grande County, Colorado, and Incorporated Areas

Willow Creek ...... At the confluence with the Rio Grande, approximately None +8,154 Unincorporated Areas of 400 feet north of U.S. Route 160. Rio Grande County. Approximately 1.1 mile south of East Lake Court ...... None +8,766

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Rio Grande County Maps are available for inspection at 925 6th Street, Del Norte, CO 81132.

Washington County, Florida, and Incorporated Areas

Alligator Creek ...... At the upstream side of County Road 166 ...... None +76 Unincorporated Areas of Washington County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29255

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 3.2 miles upstream of County Road None +81 166. Bear Bay Creek ...... At the confluence with Pine Log Creek ...... None +44 Unincorporated Areas of Washington County. Approximately 3.9 miles upstream of the confluence None +76 with Pine Log Creek. Botheration Creek ...... At the confluence with Pine Log Creek ...... None +32 Unincorporated Areas of Washington County. Approximately 200 feet downstream of the county None +90 boundary. Brock Mill Branch ...... At the confluence with Jones Rice Mill Branch ...... None +54 Unincorporated Areas of Washington County. Approximately 100 feet downstream of State Road 77 None +109 Flat Creek ...... At the confluence with Hard Labor Creek ...... None +50 Unincorporated Areas of Washington County. Approximately 9.7 miles upstream of the confluence None +160 with Hard Labor Creek. Hard Labor Creek ...... At State Road 277 ...... None +43 Unincorporated Areas of Washington County. Approximately 15.6 miles upstream of the confluence None +114 with Holmes Creek. Helms Branch ...... At the confluence with Alligator Creek ...... None +78 City of Chipley, Unincor- porated Areas of Wash- ington County. Approximately 3.2 miles upstream of the confluence None +89 with Alligator Creek. Johnson Branch ...... At Roche Avenue ...... None +37 City of Vernon, Unincor- porated Areas of Wash- ington County. Approximately 3.8 miles upstream of the confluence None +101 with Holmes Creek. Jones Rice Mill Branch ...... At the upstream side of State Road 277 ...... None +54 Unincorporated Areas of Washington County. Approximately 5.9 miles upstream of the confluence None +146 with Holmes Creek. Pine Log Creek ...... Approximately 1.9 mile upstream of the confluence None +21 Town of Ebro, Unincor- with the East River. porated Areas of Wash- ington County. At the confluence with Bear Bay Creek ...... None +44 Piney Branch ...... At State Road 77 ...... None +40 Unincorporated Areas of Washington County. Approximately 6.6 miles upstream of the confluence None +193 with Holmes Creek. Pippen Mill Creek ...... At Roche Avenue ...... None +37 City of Vernon, Unincor- porated Areas of Wash- ington County. Approximately 5.4 miles upstream of the confluence None +95 with Holmes Creek. Reedy Creek ...... At the confluence with Hard Labor Creek ...... None +59 Town of Wausau, Unincor- porated Areas of Wash- ington County. Approximately 3.8 miles upstream of the confluence None +105 with Hard Labor Creek. Unnamed Tributary 1 to Alli- Approximately 765 feet upstream of State Road 277 .. None +68 Unincorporated Areas of gator Creek. Washington County. Approximately 1.4 mile upstream of State Road 277 .. None +121 Unnamed Tributary 2 to Alli- Approximately 0.4 mile upstream of the confluence None +72 City of Chipley, Unincor- gator Creek. with Alligator Creek. porated Areas of Wash- ington County. Approximately 2.2 miles upstream of the confluence None +111 with Alligator Creek. Unnamed Tributary 3 to Alli- At the confluence with Alligator Creek ...... None +76 City of Chipley, Unincor- gator Creek. porated Areas of Wash- ington County. Approximately 2 miles upstream of the confluence None +102 with Alligator Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29256 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Unnamed Tributary to Helms Approximately 300 feet downstream of Brickyard None +117 City of Chipley, Unincor- Branch. Road. porated Areas of Wash- ington County. Approximately 0.6 mile upstream of Brickyard Road ... None +131 Unnamed Tributary to Approximately 0.4 mile upstream of the confluence None +36 City of Vernon, Unincor- Holmes Creek. with Holmes Creek. porated Areas of Wash- ington County. Approximately 2.2 miles upstream of the confluence None +52 with Holmes Creek. Unnamed Tributary to At the confluence with Unnamed Tributary to Holmes None +42 City of Vernon, Unincor- Holmes Creek East Branch. Creek. porated Areas of Wash- ington County. Approximately 1.3 mile upstream of the confluence None +55 with Unnamed Tributary to Holmes Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Chipley Maps are available for inspection at City Hall, 1442 Jackson Avenue, Chipley, FL 32428. City of Vernon Maps are available for inspection at 2808 Yellow Jacket Drive, Vernon, FL 32462. Town of Ebro Maps are available for inspection at the Town Hall, 6629 Dog Track Road, Ebro, FL 32437. Town of Wausau Maps are available for inspection at the Town Hall, 1607 2nd Avenue, Wausau, FL 32463. Unincorporated Areas of Washington County Maps are available for inspection at the Washington County Clerk’s Office, 1293 Jackson Avenue, Chipley, FL 32428.

Butler County, Iowa, and Incorporated Areas

Beaver Creek ...... Approximately 1,800 feet downstream of Utica Ave- None +896 Unincorporated Areas of nue. Butler County. Approximately 1.2 mile upstream of Utica Avenue ...... None +901 Shell Rock River ...... Approximately 1.1 mile downstream of Cherry Street None +899 Unincorporated Areas of Butler County. Approximately 0.9 mile upstream of the dam ...... None +909 Shell Rock River ...... On the downstream side of Iowa Northern Railway .... None +923 Unincorporated Areas of Butler County. Approximately 1,000 feet upstream of Chicago and None +931 North Western Railroad. Shell Rock River ...... Approximately 0.7 mile downstream of Traer Street ... None +955 Unincorporated Areas of Butler County. Approximately 700 feet upstream of State Highway 14 None +960 Shell Rock River Overflow Approximately 900 feet downstream of Main Street .... None +955 Unincorporated Areas of Channel 2. Butler County. Approximately 400 feet upstream of Main Street ...... None +958

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29257

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

ADDRESSES Unincorporated Areas of Butler County Maps are available for inspection at the Butler County Courthouse, 428 6th Street, Allison, IA 50602.

Chesterfield County, Virginia, and Incorporated Areas

Appomattox River ...... Approximately 0.9 mile upstream of the confluence None *9 Unincorporated Areas of with Swift Creek. Chesterfield County. At the Chesterfield County/City of Colonial Heights/ None *20 City of Petersburg boundary. Blackman Creek ...... At the confluence with Deep Creek and Horsepen None *197 Unincorporated Areas of Creek. Chesterfield County. Approximately 3.7 miles upstream of Otterdale Road None *287 (SR–667). Crooked Branch ...... On the upstream side of State Highway 288 ...... *127 *131 Unincorporated Areas of Chesterfield County. At the upstream side of Centralia Road (SR–145) ...... *147 *148 Deep Creek ...... At the confluence with the Swift Creek Reservoir ...... None *182 Unincorporated Areas of Chesterfield County. At the confluence with Blackman Creek and Horse- None *197 pen Creek. Fuqua Branch ...... At the confluence with Dry Creek ...... None *185 Unincorporated Areas of Chesterfield County. Approximately 2.2 miles upstream of the Ashbrook None *261 Lake Dam. Great Branch...... Approximately 500 feet upstream of Hamlin Creek *102 *103 Unincorporated Areas of Parkway. Chesterfield County. Approximately 250 feet downstream of Chalkley Road *139 *141 Great Branch Tributary ...... At the confluence with Great Branch ...... *126 *129 Unincorporated Areas of Chesterfield County. Approximately 1,000 feet downstream of Ecoff Ave- *127 *129 nue. Horsepen Creek ...... At the confluence with Blackman Creek and Deep None *197 Unincorporated Areas of Creek. Chesterfield County. Approximately 3.0 miles upstream of the confluence None *257 with Blackman Creek and Deep Creek. Johnsons Creek ...... Approximately 800 feet downstream of Spruce Ave- *18 *19 Unincorporated Areas of nue. Chesterfield County. Approximately 0.8 mile upstream of Old Bermuda None *128 Hundred Road. Johnsons Creek Tributary ..... Approximately 320 feet upstream of East Hundred None *57 Unincorporated Areas of Road (SR–10). Chesterfield County. Approximately 100 feet upstream of Bermuda Hun- None *63 dred Road. Lake Chesdin ...... Entire shoreline in Chesterfield County ...... None *163 Unincorporated Areas of Chesterfield County. Little Tomahawk Creek ...... At the confluence with the Swift Creek Reservoir ...... *183 *184 Unincorporated Areas of Chesterfield County. Approximately 1,800 feet upstream of the confluence *183 *184 with the Swift Creek Reservoir. Proctors Creek ...... On the upstream side of the railroad ...... *25 *27 Unincorporated Areas of Chesterfield County. Approximately 850 feet upstream of the confluence *136 *137 with Tributary 2 to Proctors Creek. Swift Creek ...... At Woolridge Road (SR–668) ...... None *182 Unincorporated Areas of Chesterfield County. At the Powhatan County boundary ...... None *227 Swift Creek Reservoir ...... Between Swift Creek Reservoir Dam and Woolridge None *182 Unincorporated Areas of Road (SR–668). Chesterfield County. Between Genito Road and the confluence with Little None *184 Tomahawk Creek and Tomahawk Creek. Tomahawk Creek ...... At the confluence with the Swift Creek Reservoir ...... *183 *184 Unincorporated Areas of Chesterfield County. Approximately 1,500 feet upstream of the confluence *183 *184 with the Swift Creek Reservoir. Turkey Creek ...... At the confluence with Swift Creek ...... None *194 Unincorporated Areas of Chesterfield County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29258 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 1.7 miles upstream of Mount Herman None *258 Road (SR–606). Winterpock Creek ...... At the confluence with Lake Chesdin ...... None *163 Unincorporated Areas of Chesterfield County. Approximately 450 feet upstream of Beach Road None *241 (SR–655).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Chesterfield County Maps are available for inspection at 9800 Government Center Parkway, Chesterfield, VA 23832.

(Catalog of Federal Domestic Assistance No. measures that the community is BFEs for each community listed below, 97.022, ‘‘Flood Insurance.’’) required either to adopt or to show in accordance with section 110 of the Dated: May 5, 2010. evidence of having in effect in order to Flood Disaster Protection Act of 1973, Sandra K. Knight, qualify or remain qualified for 42 U.S.C. 4104, and 44 CFR 67.4(a). Deputy Federal Insurance and Mitigation participation in the National Flood These proposed BFEs and modified Administrator, Mitigation, Department of Insurance Program (NFIP). In addition, BFEs, together with the floodplain Homeland Security, Federal Emergency these elevations, once finalized, will be management criteria required by 44 CFR Management Agency. used by insurance agents and others to 60.3, are the minimum that are required. [FR Doc. 2010–12481 Filed 5–24–10; 8:45 am] calculate appropriate flood insurance They should not be construed to mean BILLING CODE 9110–12–P premium rates for new buildings and that the community must change any the contents in those buildings. existing ordinances that are more DATES: Comments are to be submitted stringent in their floodplain DEPARTMENT OF HOMELAND on or before August 23, 2010. management requirements. The SECURITY ADDRESSES: The corresponding community may at any time enact preliminary Flood Insurance Rate Map stricter requirements of its own or Federal Emergency Management (FIRM) for the proposed BFEs for each pursuant to policies established by other Agency community is available for inspection at Federal, State, or regional entities. the community’s map repository. The These proposed elevations are used to 44 CFR Part 67 respective addresses are listed in the meet the floodplain management [Docket ID FEMA–2010–0003; Internal table below. requirements of the NFIP and also are Agency Docket No. FEMA–B–1125] You may submit comments, identified used to calculate the appropriate flood by Docket No. FEMA–B–1125, to Kevin insurance premium rates for new Proposed Flood Elevation C. Long, Acting Chief, Engineering buildings built after these elevations are Determinations Management Branch, Mitigation made final, and for the contents in those Directorate, Federal Emergency buildings. AGENCY: Federal Emergency Management Agency, 500 C Street, SW., Management Agency, DHS. Comments on any aspect of the Flood Washington, DC 20472, (202) 646–2820, Insurance Study and FIRM, other than ACTION: Proposed rule. or (e-mail) [email protected]. the proposed BFEs, will be considered. SUMMARY: Comments are requested on FOR FURTHER INFORMATION CONTACT: A letter acknowledging receipt of any the proposed Base (1% annual-chance) Kevin C. Long, Acting Chief, comments will not be sent. Flood Elevations (BFEs) and proposed Engineering Management Branch, National Environmental Policy Act. BFE modifications for the communities Mitigation Directorate, Federal This proposed rule is categorically listed in the table below. The purpose Emergency Management Agency, 500 C excluded from the requirements of 44 of this notice is to seek general Street, SW., Washington, DC 20472, CFR part 10, Environmental information and comment regarding the (202) 646–2820, or (e-mail) Consideration. An environmental proposed regulatory flood elevations for [email protected]. impact assessment has not been the reach described by the downstream SUPPLEMENTARY INFORMATION: The prepared. and upstream locations in the table Federal Emergency Management Agency Regulatory Flexibility Act. As flood below. The BFEs and modified BFEs are (FEMA) proposes to make elevation determinations are not within a part of the floodplain management determinations of BFEs and modified the scope of the Regulatory Flexibility

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29259

Act, 5 U.S.C. 601–612, a regulatory Executive Order 12988, Civil Justice PART 67—[AMENDED] flexibility analysis is not required. Reform. This proposed rule meets the applicable standards of Executive Order 1. The authority citation for part 67 Executive Order 12866, Regulatory continues to read as follows: Planning and Review. This proposed 12988. rule is not a significant regulatory action Authority: 42 U.S.C. 4001 et seq.; List of Subjects in 44 CFR Part 67 Reorganization Plan No. 3 of 1978, 3 CFR, under the criteria of section 3(f) of 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 12866, as amended. Administrative practice and 3 CFR, 1979 Comp., p. 376. procedure, Flood insurance, Reporting Executive Order 13132, Federalism. § 67.4 [Amended] This proposed rule involves no policies and recordkeeping requirements. that have federalism implications under Accordingly, 44 CFR part 67 is 2. The tables published under the authority of § 67.4 are proposed to be Executive Order 13132. proposed to be amended as follows: amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Lawrence County, Illinois, and Incorporated Areas

Brushy Creek ...... Approximately 100 feet downstream of North 1550th None +437 Unincorporated Areas of Street (County Route 5 Bridge). Lawrence County. Approximately at the downstream side of North None +437 1550th Street (County Route 5 Bridge). Wabash River ...... Approximately 3.5 miles downstream of the Wabash None +415 City of St. Francisville. Cannonball Railroad Bridge. Approximately 0.5 mile downstream of the Wabash None +417 Cannonball Railroad Bridge.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of St. Francisville Maps are available for inspection at City Hall, 207 South 6th Street, St. Francisville, IL 62460. Unincorporated Areas of Lawrence County Maps are available for inspection at the Lawrence County Courthouse, 1100 State Street, Lawrenceville, IL 62439.

Marshall County, Kentucky, and Incorporated Areas

Barrett Branch (Backwater At the confluence with Little Cypress Creek ...... +342 +341 Unincorporated Areas of effects from Tennessee Marshall County. River). Approximately 1,600 feet upstream of the confluence +342 +341 with Howard Branch. Bee Creek ...... Approximately 1,250 feet downstream of KY–408 ...... None +390 City of Benton, Unincor- porated Areas of Mar- shall County. Approximately 1,250 feet upstream of KY–408 ...... None +405 Clear Creek (Backwater ef- From the confluence with Kentucky Lake to approxi- None +375 Unincorporated Areas of fects from Kentucky Lake). mately 0.8 mile upstream of the confluence with Marshall County. Kentucky Lake. Cypress Creek ...... Approximately 600 feet downstream of I–24 ...... None +347 City of Calvert City. Approximately 900 feet downstream of the confluence None +348 with Little John Creek. Cypress Creek (Backwater At the confluence with the Tennessee River ...... +342 +341 Unincorporated Areas of effects from Tennessee Marshall County. River). Approximately 0.7 mile downstream of Industrial Park- +342 +341 way (KY–1523). East Fork Clarks River ...... At the confluence with Strow Branch ...... None +361 City of Benton. Approximately 0.5 mile upstream of U.S. Route 641 None +365 (Main Street).

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29260 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Howard Branch (Backwater From the confluence with Barrett Branch to approxi- +342 +341 Unincorporated Areas of effects from Tennessee mately 0.6 mile upstream of the confluence with Marshall County. River). Barrett Branch. Jonathan Creek (Backwater From the confluence with Kentucky Lake to approxi- None +375 Unincorporated Areas of effects from Kentucky mately 1.6 mile upstream of the confluence with Marshall County. Lake). Kentucky Lake. Little Cypress Creek (Back- At the confluence with Cypress Creek ...... +342 +341 Unincorporated Areas of water effects from Ten- Marshall County. nessee River). Approximately 0.4 mile upstream of U.S. Route 62 .... +342 +341 Little White Oak Creek From the confluence with White Oak Creek to ap- +342 +341 Unincorporated Areas of (Backwater effects from proximately 1 mile upstream of the confluence with Marshall County. Tennessee River). White Oak Creek. Olive Branch (Backwater ef- From the confluence with Kentucky Lake to approxi- None +375 Unincorporated Areas of fects from Kentucky Lake). mately 0.7 mile upstream of the confluence with Marshall County. Kentucky Lake. Olive Branch Tributary 6 From the confluence with Olive Branch to approxi- None +375 Unincorporated Areas of (Backwater effects from mately 0.6 mile upstream of the confluence with Marshall County. Kentucky Lake). Olive Branch. Ruff Creek (Backwater ef- From the confluence with Kentucky Lake to approxi- None +375 Unincorporated Areas of fects from Kentucky Lake). mately 0.6 mile upstream of the confluence with Marshall County. Kentucky Lake. Strow Branch ...... Approximately 500 feet downstream of West 1st None +362 City of Benton, Unincor- Street. porated Areas of Mar- shall County. Approximately 300 feet downstream of KY–348 ...... None +372 Strow Branch...... Approximately 1,400 feet downstream of Allen None +407 Unincorporated Areas of Heights Drive. Marshall County. Approximately 500 feet upstream of Allen Heights None +433 Drive. Strow Branch Tributary H ..... Approximately 1,000 feet downstream of Colonial None +424 Unincorporated Areas of Drive. Marshall County. Approximately 100 feet upstream of Colonial Drive .... None +447 Tennessee River ...... Approximately 0.7 mile downstream of the confluence +342 +340 City of Calvert City, Unin- with White Oak Creek. corporated Areas of Marshall County. Just downstream of the Kentucky Dam ...... +345 +343 Town Creek ...... Approximately 150 feet downstream of the railroad .... None +370 City of Benton. Approximately 950 feet upstream of the railroad ...... None +373 Town Creek ...... Approximately 1,300 feet upstream of Main Street ..... None +398 City of Benton. At the confluence with Town Creek Tributary E ...... None +410 Town Creek Tributary C ...... At the confluence with Town Creek ...... None +370 City of Benton, Unincor- porated Areas of Mar- shall County. Just downstream of KY–408 ...... None +378 Town Creek Tributary C ...... Just downstream of KY–1445 ...... None +389 City of Benton, Unincor- porated Areas of Mar- shall County. Approximately 200 feet downstream of Haltom Road None +436 Town Creek Tributary D ...... At the confluence with Town Creek ...... None +398 City of Benton. Approximately 800 feet upstream of Country Club None +423 Lane. Town Creek Tributary E ...... Just upstream of Golf Course Road ...... None +416 Unincorporated Areas of Marshall County. Approximately 950 feet downstream of Town Creek None +436 Tributary F. Town Creek Tributary F ...... Approximately 450 feet upstream of the confluence None +449 Unincorporated Areas of with Town Creek Tributary E. Marshall County. Approximately 1,100 feet upstream of the confluence None +462 with Town Creek Tributary E. Tributary A East of Jackson Approximately 300 feet downstream of the railroad .... None +371 City of Benton, Unincor- Purchase Parkway. porated Areas of Mar- shall County. Approximately 450 feet downstream of Old Symsonia None +397 Road. Tributary B East of Jackson At the confluence with Tributary A East of Jackson None +389 Unincorporated Areas of Purchase Parkway. Purchase Parkway. Marshall County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29261

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 350 feet downstream of Old Symsonia None +399 Road. Tributary B West of Jackson Approximately 350 feet downstream of the railroad .... None +364 Unincorporated Areas of Purchase Parkway. Marshall County. Just downstream of Symsonia Highway (KY–348) ...... None +377 West Fork Ruff Creek (Back- From the confluence with Kentucky Lake to approxi- None +375 Unincorporated Areas of water effects from Ken- mately 0.6 mile upstream of the confluence with Marshall County. tucky Lake). Kentucky Lake. White Oak Creek (Backwater From the confluence with the Tennessee River to ap- +342 +340 Unincorporated Areas of effects from Tennessee proximately 1.5 mile upstream of the confluence Marshall County. River). with the Tennessee River. White Oak Creek Tributary 1 From the confluence with White Oak Creek to ap- +342 +340 Unincorporated Areas of (Backwater effects from proximately 1,500 feet upstream of the confluence Marshall County. Tennessee River). with White Oak Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Benton Maps are available for inspection at 1009 Main Street, Benton, KY 42025. City of Calvert City Maps are available for inspection at 861 East 5th Avenue, Calvert City, KY 42029. Unincorporated Areas of Marshall County Maps are available for inspection at 1101 Main Street, Benton, KY 42025.

Sherburne County, Minnesota, and Incorporated Areas

Big Elk Lake ...... Entire Shoreline ...... +968 +969 Unincorporated Areas of Sherburne County. Briggs Lake ...... Entire Shoreline ...... +968 +969 Unincorporated Areas of Sherburne County. Eagle Lake ...... Entire Shoreline ...... None +928 Unincorporated Areas of Sherburne County. Elk Lake ...... Entire Shoreline ...... None +953 Unincorporated Areas of Sherburne County. Elk River ...... Approximately 50 feet upstream of U.S. Route 10 ...... +878 +877 City of Becker, City of Big Lake, City of Elk River, Unincorporated Areas of Sherburne County. At Big Elk Lake ...... +968 +969 Fremont Lake ...... Entire Shoreline ...... None +977 City of Zimmerman, Unin- corporated Areas of Sherburne County. Julia Lake ...... Entire Shoreline ...... +968 +969 Unincorporated Areas of Sherburne County. Long Pond ...... Entire Shoreline ...... None +966 Unincorporated Areas of Sherburne County. Rush Lake ...... Entire Shoreline ...... +968 +969 Unincorporated Areas of Sherburne County. Trott Brook ...... At the Anoka County boundary ...... +880 +879 City of Elk River. Approximately 0.86 mile upstream of Brook Road ...... None +943

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29262 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Becker Maps are available for inspection at City Hall, 12060 Sherburne Avenue, Becker, MN 55308. City of Big Lake Maps are available for inspection at City Hall, 160 Lake Street North, Big Lake, MN 55309. City of Elk River Maps are available for inspection at City Hall, 13065 Orono Parkway, Elk River, MN 55330. City of Zimmerman Maps are available for inspection at City Hall, 12980 Fremont Avenue, Zimmerman, MN 55398. Unincorporated Areas of Sherburne County Maps are available for inspection at the Sherburne County Government Center, 13880 U.S. Route 10, Elk River, MN 55330.

Broome County, New York (All Jurisdictions)

Butler Brook ...... At the confluence with West Branch Delaware River .. +986 +993 Village of Deposit. Approximately 200 feet upstream of Elm Street ...... +997 +998 Chenango River ...... At the confluence with Susquehanna River Reach 1 .. +843 +846 City of Binghamton, Town of Barker, Town of Chenango, Town of Dickinson, Town of Fen- ton, Village of Port Dick- inson. Approximately 5,210 feet upstream of State Route 79 +900 +901 Choconut Creek ...... At the confluence with Susquehanna River Reach 1 .. +829 +832 Town of Vestal. Approximately 1,875 feet upstream of Front Street ..... +831 +832 Deer Lake ...... Entire shoreline within county ...... None +1521 Town of Windsor. East Branch Nanticoke Creek Approximately 3,026 feet downstream of Leekville None +975 Town of Maine. Road. Approximately 1,993 feet downstream of Leekville None +979 Road. Little Snake Creek ...... At the confluence with Susquehanna River Reach 1 .. +862 +866 Town of Conklin. Approximately 100 feet downstream of Milltown Drive +865 +866 Nanticoke Creek ...... At the confluence with Susquehanna River Reach 1 .. +829 +831 Town of Maine, Town of Union, Village of Endi- cott. Approximately 1,400 feet upstream of Nanticoke Drive +872 +870 Oquaga Creek ...... At the confluence with West Branch Delaware River .. +985 +992 Village of Deposit. Approximately 130 feet downstream of Mill Street ...... +991 +992 Osborne Creek ...... At the confluence with the Chenango River ...... +869 +872 Town of Colesville, Town of Fenton. Approximately 2.5 miles upstream of Ballyhack Road None +1011 Page Brook ...... At the confluence with the Chenango River ...... +876 +878 Town of Fenton. Approximately 630 feet downstream of Rodgers Road +877 +878 Snake Creek ...... At the confluence with Susquehanna River Reach 1 .. +864 +868 Town of Conklin. Approximately 1,800 feet upstream of Conklin Road .. +867 +868 Susquehanna River Reach 1 Approximately 3.6 miles downstream of Old Vestal +827 +828 City of Binghamton, Town Avenue. of Binghamton, Town of Conklin, Town of Kirk- wood, Town of Union, Town of Vestal, Village of Endicott, Village of Johnson City. Approximately 3.6 miles upstream of Cedarhurst +867 +872 Road. Susquehanna River Reach 2 Approximately 6.5 miles downstream of State High- +912 +918 Town of Colesville, Town way 17. of Windsor, Village of Windsor. Approximately 890 feet upstream of Nineveh Bridge .. +963 +965 Tioughnioga River Reach 1 .. At the confluence with the Chenango River ...... None +898 Town of Chenango. Approximately 1,270 feet upstream of State Route 12 None +898 West Branch Delaware River Approximately 1.8 mile downstream of Hale Eddy +948 +953 Town of Sanford, Village Bridge Road. of Deposit. Approximately 3,920 feet upstream of Pine Street ...... +994 +999

* National Geodetic Vertical Datum.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29263

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

+ North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Binghamton Maps are available for inspection at City Hall, 38 Hawley Street, Binghamton, NY 13901. Town of Barker Maps are available for inspection at the Barker Town Hall, 151 Hyde Street, Castle Creek, NY 13744. Town of Binghamton Maps are available for inspection at the Binghamton Town Hall, 279 Park Avenue, Binghamton, NY 13903. Town of Chenango Maps are available for inspection at the Chenango Town Hall, 1529 State Route 12, Binghamton, NY 13901. Town of Colesville Maps are available for inspection at the Colesville Town Hall, 780 Welton Street, Harpursville, NY 13787. Town of Conklin Maps are available for inspection at the Town Hall, 1271 Conklin Road, Conklin, NY 13748. Town of Dickinson Maps are available for inspection at the Dickinson Town Hall, 531 Old Front Street, Binghamton, NY 13905. Town of Fenton Maps are available for inspection at the Fenton Town Hall, 44 Park Street, Port Crane, NY 13833. Town of Kirkwood Maps are available for inspection at the Town Hall, 70 Crescent Drive, Kirkwood, NY 13795. Town of Maine Maps are available for inspection at the Town Hall, 12 Lewis Street, Maine, NY 13802. Town of Sanford Maps are available for inspection at the Sanford Town Hall, 91 2nd Street, Deposit, NY 13754. Town of Union Maps are available for inspection at the Union Town Hall, 3111 East Main Street, Endwell, NY 13760. Town of Vestal Maps are available for inspection at the Town Hall, 605 Vestal Parkway West, Vestal, NY 13850. Town of Windsor Maps are available for inspection at the Windsor Town Hall, 124 Main Street, Windsor, NY 13865. Village of Deposit Maps are available for inspection at the Village Hall, 146 Front Street, Deposit, NY 13754. Village of Endicott Maps are available for inspection at the Village Office, 1009 East Main Street, Endicott, NY 13760. Village of Johnson City Maps are available for inspection at the Village Municipal Office, 243 Main Street, Johnson City, NY 13790. Village of Port Dickinson Maps are available for inspection at the Port Dickinson Village Hall, 786 Chenango Street, Binghamton, NY 13901. Village of Windsor Maps are available for inspection at the Windsor Village Community House, 107 Main Street, Windsor, NY 13865.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00049 Fmt 4702 Sfmt 9990 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29264 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

(Catalog of Federal Domestic Assistance No. DATES: Comments are to be submitted made final, and for the contents in these 97.022, ‘‘Flood Insurance.’’) on or before August 23, 2010. buildings. Dated: May 11, 2010. ADDRESSES: The corresponding Comments on any aspect of the Flood Sandra K. Knight, preliminary Flood Insurance Rate Map Insurance Study and FIRM, other than Deputy Federal Insurance and Mitigation (FIRM) for the proposed BFEs for each the proposed BFEs, will be considered. Administrator, Mitigation, Department of community is available for inspection at A letter acknowledging receipt of any Homeland Security, Federal Emergency the community’s map repository. The comments will not be sent. Management Agency. respective addresses are listed in the National Environmental Policy Act. [FR Doc. 2010–12486 Filed 5–24–10; 8:45 am] table below. This proposed rule is categorically BILLING CODE 9110–12–P You may submit comments, identified excluded from the requirements of 44 by Docket No. FEMA–B–1112, to Kevin CFR part 10, Environmental C. Long, Acting Chief, Engineering Consideration. An environmental DEPARTMENT OF HOMELAND Management Branch, Mitigation impact assessment has not been SECURITY Directorate, Federal Emergency prepared. Management Agency, 500 C Street, SW., Regulatory Flexibility Act. As flood Federal Emergency Management Washington, DC 20472, (202) 646–2820, elevation determinations are not within Agency or (e-mail) [email protected]. the scope of the Regulatory Flexibility FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory 44 CFR Part 67 Kevin C. Long, Acting Chief, flexibility analysis is not required. Engineering Management Branch, Executive Order 12866, Regulatory [Docket ID FEMA–2010–0003; Internal Mitigation Directorate, Federal Planning and Review. This proposed Agency Docket No. FEMA–B–1112] Emergency Management Agency, 500 C rule is not a significant regulatory action Street, SW., Washington, DC 20472, under the criteria of section 3(f) of Proposed Flood Elevation (202) 646–2820, or (e-mail) Executive Order 12866, as amended. Determinations [email protected]. Executive Order 13132, Federalism. This proposed rule involves no policies AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: The that have federalism implications under Management Agency, DHS. Federal Emergency Management Agency Executive Order 13132. (FEMA) proposes to make ACTION: Proposed rule. Executive Order 12988, Civil Justice determinations of BFEs and modified Reform. This proposed rule meets the SUMMARY: Comments are requested on BFEs for each community listed below, applicable standards of Executive Order the proposed Base (1% annual-chance) in accordance with section 110 of the 12988. Flood Elevations (BFEs) and proposed Flood Disaster Protection Act of 1973, BFE modifications for the communities 42 U.S.C. 4104, and 44 CFR 67.4(a). List of Subjects in 44 CFR Part 67 listed in the table below. The purpose These proposed BFEs and modified Administrative practice and of this notice is to seek general BFEs, together with the floodplain procedure, Flood insurance, Reporting information and comment regarding the management criteria required by 44 CFR and recordkeeping requirements. proposed regulatory flood elevations for 60.3, are the minimum that are required. the reach described by the downstream They should not be construed to mean Accordingly, 44 CFR part 67 is and upstream locations in the table that the community must change any proposed to be amended as follows: below. The BFEs and modified BFEs are existing ordinances that are more a part of the floodplain management stringent in their floodplain PART 67—[AMENDED] measures that the community is management requirements. The 1. The authority citation for part 67 required either to adopt or to show community may at any time enact continues to read as follows: evidence of having in effect in order to stricter requirements of its own or Authority: 42 U.S.C. 4001 et seq.; qualify or remain qualified for pursuant to policies established by other Reorganization Plan No. 3 of 1978, 3 CFR, participation in the National Flood Federal, State, or regional entities. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Program (NFIP). In addition, These proposed elevations are used to 3 CFR, 1979 Comp., p. 376. these elevations, once finalized, will be meet the floodplain management used by insurance agents and others to requirements of the NFIP and also are § 67.4 [Amended] calculate appropriate flood insurance used to calculate the appropriate flood 2. The tables published under the premium rates for new buildings and insurance premium rates for new authority of § 67.4 are proposed to be the contents in those buildings. buildings built after these elevations are amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Carter County, Kentucky, and Incorporated Areas

Barrett Creek (Backwater From the confluence with the Little Sandy River to ap- None +581 Unincorporated Areas of from Little Sandy River). proximately 0.5 mile upstream of Eagle Drive. Carter County. Bens Run (Backwater from From the confluence with Tygarts Creek to approxi- None +752 Unincorporated Areas of Tygarts Creek). mately 0.6 mile upstream of the confluence with Carter County. Tygarts Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29265

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Big Sinking Creek (Back- From the confluence with the Little Sandy River to ap- None +610 Unincorporated Areas of water from Little Sandy proximately 0.5 mile upstream of the confluence Carter County. River). with the Little Sandy River. Davy Run (Backwater from From the confluence with Little Fork Little Sandy None +613 Unincorporated Areas of Little Fork Little Sandy River to approximately 0.6 mile upstream of the Carter County. River). confluence with Little Fork Little Sandy River. Dry Branch (Backwater from From the confluence with Tygarts Creek to just down- None +804 Unincorporated Areas of Tygarts Creek). stream of U.S. Route 60. Carter County. Fourmile Creek (Backwater From the confluence with the Little Sandy River to ap- None +604 Unincorporated Areas of from Little Sandy River). proximately 400 feet upstream of Glory Lane. Carter County. Huff Run (Backwater from From the confluence with Little Fork Little Sandy None +616 Unincorporated Areas of Little Fork Little Sandy River to approximately 0.7 mile upstream of the Carter County. River). confluence with Little Fork Little Sandy River. Johns Run (Backwater from From the confluence with Little Fork Little Sandy None +623 Unincorporated Areas of Little Fork Little Sandy River to approximately 0.6 mile upstream of the Carter County. River). confluence with Little Fork Little Sandy River. Lost Creek (Backwater from From the confluence with Dry Fork to approximately None +632 Unincorporated Areas of Dry Fork). 0.5 mile downstream of Eddie Dean Road. Carter County. Straight Creek (Backwater From the confluence with Little Fork Little Sandy None +609 Unincorporated Areas of from Little Fork Little River to approximately 1,750 feet downstream of Carter County. Sandy River). Mount Savage Lane. Wolf Creek (Backwater from From the confluence with the Little Sandy River to ap- None +603 Unincorporated Areas of Little Sandy River). proximately 0.6 mile upstream of the confluence Carter County. with the Little Sandy River.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Carter County Maps are available for inspection at 300 West Main Street, Grayson, KY 41143.

Butler County, Nebraska, and Incorporated Areas

Platte River ...... Approximately 100 feet downstream of the Saunders None +1,309 Unincorporated Areas of County boundary. Butler County. Approximately 575 feet downstream of the Polk None +1,442 County boundary.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Butler County Maps are available for inspection at 451 North 5th Street, David City, NE 68632.

Otoe County, Nebraska, and Incorporated Areas

Missouri River ...... At easternmost tip of the Otoe County limits ...... +913 +914 City of Nebraska City, Un- incorporated Areas of Otoe County. At Nebraska Highway 2/Burlington Northern Railroad +930 +931 At Everett Lane extended ...... +940 +943

* National Geodetic Vertical Datum.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29266 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

+ North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Nebraska City Maps are available for inspection at 1409 Central Avenue, Nebraska City, NE 68410. Unincorporated Areas of Otoe County Maps are available for inspection at the Otoe County Courthouse, 1021 Central Avenue, Nebraska City, NE 68410.

Rio Arriba County, New Mexico, and Incorporated Areas

Llano Ditch Tributary ...... Just downstream of McCurdy Road Northwest ...... None +5,655 Unincorporated Areas of Rio Arriba County, Pueblo of Ohkay Owingeh. Just upstream of Simmons Lane ...... None +5,705

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Pueblo of Ohkay Owingeh Maps are available for inspection at the Governor’s Office, 1 Kee Road, Espanola, NM 87532. Unincorporated Areas of Rio Arriba County Maps are available for inspection at the County Clerk’s Office, 1122 Industrial Park Road, Espanola, NM 87532.

Wake County, North Carolina, and Incorporated Areas

Basin 10, Stream 13 ...... At the confluence with Basin 10, Stream 14 ...... +277 +276 Unincorporated Areas of Wake County. Approximately 1,400 feet upstream of the confluence +277 +276 with Basin 10, Stream 14. Basin 10, Stream 14 ...... Approximately 0.5 mile upstream of the confluence +269 +268 Unincorporated Areas of with the Little River. Wake County. At the Wake County boundary ...... +306 +307 Horse Creek Tributary 1 ...... At the downstream side of Keighley Forest Drive ...... None +341 Unincorporated Areas of Wake County. Approximately 850 feet upstream of Keighley Forest None +345 Drive. Richland Creek ...... Approximately 850 feet upstream of the confluence +302 +301 Town of Wake Forest. with Richland Creek Tributary 2. Approximately 500 feet downstream of the confluence +312 +315 with Hattles Branch. Richland Creek Tributary 2 ... Approximately 750 feet upstream of the confluence None +301 Town of Wake Forest. with Richland Creek. Approximately 0.4 mile upstream of the confluence None +317 with Richland Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29267

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Wake Forest Maps are available for inspection at the Planning Department, 401 Elm Street, Wake Forest, NC 27587. Unincorporated Areas of Wake County Maps are available for inspection at the Wake County Office Building, Environmental Services, 1st Floor, 337 Salisbury Street, Raleigh, NC 27601.

Wagoner County, Oklahoma, and Incorporated Areas

Adams Creek ...... Approximately 717 feet downstream of the confluence None +600 Town of Fair Oaks. with School Creek. Approximately 0.61 mile upstream of the confluence None +605 with School Creek. Salt Creek ...... Approximately 0.60 mile downstream of 305th Avenue None +557 Town of Fair Oaks. Approximately 365 feet upstream of 257th Avenue ..... None +607 Verdigris River ...... Approximately 245 feet downstream of 72nd Street .... None +516 Town of Okay. Approximately 0.45 mile upstream of 72nd Street ...... None +516

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Fair Oaks Maps are available for inspection at the Office of the County Commissioner, 219 South Missouri Street, Claremore, OK 74017. Town of Okay Maps are available for inspection at the Office of the County Commissioner, 306 East Cherokee Street, Wagoner, OK 74107.

Erath County, Texas, and Incorporated Areas

North Bosque River ...... Just upstream of East Lingleville Road ...... None +1,265 Unincorporated Areas of Erath County. Approximately 0.5 mile upstream of State Highway None +1,276 108.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Erath County Maps are available for inspection at the Erath County Courthouse, 100 West Washington, Stephenville, TX 76401.

Limestone County, Texas, and Incorporated Areas

Salt River ...... Just upstream of State Highway 14 ...... None +473 Unincorporated Areas of Limestone County. Approximately 0.66 mile upstream of State Highway None +483 14.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29268 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Limestone County Maps are available for inspection at the Limestone County Courthouse, 200 West State Street, Groesbeck, TX 76642.

(Catalog of Federal Domestic Assistance No. premium rates for new buildings and requirements of the NFIP and also are 97.022, ‘‘Flood Insurance’’) the contents in those buildings. used to calculate the appropriate flood Dated: May 11, 2010. DATES: Comments are to be submitted insurance premium rates for new Sandra K. Knight, on or before August 23, 2010. buildings built after these elevations are Deputy Federal Insurance and Mitigation ADDRESSES: The corresponding made final, and for the contents in those Administrator, Mitigation, Department of preliminary Flood Insurance Rate Map buildings. Homeland Security, Federal Emergency (FIRM) for the proposed BFEs for each Comments on any aspect of the Flood Management Agency. community is available for inspection at Insurance Study and FIRM, other than [FR Doc. 2010–12490 Filed 5–24–10; 8:45 am] the community’s map repository. The the proposed BFEs, will be considered. BILLING CODE 9110–12–P respective addresses are listed in the A letter acknowledging receipt of any table below. comments will not be sent. You may submit comments, identified National Environmental Policy Act. DEPARTMENT OF HOMELAND by Docket No. FEMA–B–1115, to Kevin This proposed rule is categorically SECURITY C. Long, Acting Chief, Engineering excluded from the requirements of 44 Management Branch, Mitigation CFR part 10, Environmental Federal Emergency Management Directorate, Federal Emergency Consideration. An environmental Agency Management Agency, 500 C Street, SW., impact assessment has not been Washington, DC 20472, (202) 646–2820, prepared. Regulatory Flexibility Act. As flood 44 CFR Part 67 or (e-mail) [email protected]. elevation determinations are not within FOR FURTHER INFORMATION CONTACT: the scope of the Regulatory Flexibility [Docket ID FEMA–2010–0003; Internal Kevin C. Long, Acting Chief, Agency Docket No. FEMA–B–1115] Act, 5 U.S.C. 601–612, a regulatory Engineering Management Branch, flexibility analysis is not required. Mitigation Directorate, Federal Proposed Flood Elevation Executive Order 12866, Regulatory Emergency Management Agency, 500 C Determinations Planning and Review. This proposed Street, SW., Washington, DC 20472, rule is not a significant regulatory action AGENCY: Federal Emergency (202) 646–2820, or (e-mail) under the criteria of section 3(f) of Management Agency, DHS. [email protected]. Executive Order 12866, as amended. ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: The Executive Order 13132, Federalism. Federal Emergency Management Agency This proposed rule involves no policies SUMMARY: Comments are requested on (FEMA) proposes to make that have federalism implications under the proposed Base (1% annual-chance) determinations of BFEs and modified Executive Order 13132. Flood Elevations (BFEs) and proposed BFEs for each community listed below, Executive Order 12988, Civil Justice BFE modifications for the communities in accordance with section 110 of the Reform. This proposed rule meets the listed in the table below. The purpose Flood Disaster Protection Act of 1973, applicable standards of Executive Order of this notice is to seek general 42 U.S.C. 4104, and 44 CFR 67.4(a). 12988. information and comment regarding the These proposed BFEs and modified List of Subjects in 44 CFR Part 67 proposed regulatory flood elevations for BFEs, together with the floodplain the reach described by the downstream management criteria required by 44 CFR Administrative practice and and upstream locations in the table 60.3, are the minimum that are required. procedure, Flood insurance, Reporting below. The BFEs and modified BFEs are They should not be construed to mean and recordkeeping requirements. a part of the floodplain management that the community must change any Accordingly, 44 CFR part 67 is measures that the community is existing ordinances that are more proposed to be amended as follows: required either to adopt or to show stringent in their floodplain PART 67—[AMENDED] evidence of having in effect in order to management requirements. The qualify or remain qualified for community may at any time enact 1. The authority citation for part 67 participation in the National Flood stricter requirements of its own or continues to read as follows: Insurance Program (NFIP). In addition, pursuant to policies established by other Authority: 42 U.S.C. 4001 et seq.; these elevations, once finalized, will be Federal, State, or regional entities. Reorganization Plan No. 3 of 1978, 3 CFR, used by insurance agents and others to These proposed elevations are used to 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, calculate appropriate flood insurance meet the floodplain management 3 CFR, 1979 Comp., p. 376.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29269

§ 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Bradford County, Florida, and Incorporated Areas

Lake Crosby ...... Entire shoreline ...... None +135 City of Starke, Unincorporated Areas of Bradford County. Lake Rowell ...... Entire shoreline ...... None +135 Unincorporated Areas of Bradford County. Lake Sampson ...... Entire shoreline ...... None +135 Unincorporated Areas of Bradford County. Unnamed Ponding Area .... North boundary: Approximately 2,000 feet south None +138 Unincorporated Areas of Bradford of Route 100/East boundary: Approximately County. 1,000 feet west of Southwest 75th Avenue/ South boundary: Southwest 163rd Street/West boundary: Approximately 1,500 feet east of Southwest 101st Avenue.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Starke Maps are available for inspection at the City Clerk’s Office, 209 North Thompson Street, Starke, FL 32091. Unincorporated Areas of Bradford County Maps are available for inspection at the Bradford County Building and Zoning Department, 945–F North Temple Avenue, Starke, FL 32091.

Pike County, Illinois, and Incorporated Areas

Hardy Creek ...... Approximately 0.67 mile upstream of East Street None +452 Unincorporated Areas of Pike County. Approximately 0.74 mile upstream of East Street None +452 Illinois River ...... Approximately 1,660 feet downstream of Bee +442 +441 Unincorporated Areas of Pike Creek Road (River Mile 38.9). County. Approximately 0.59 mile downstream of County +442 +441 Route 176 North (River Mile 40.2). Approximately 1.56 miles upstream of County +446 +447 Route 2400 North extended (River Mile 66.6). Approximately 0.54 mile upstream of IL–104 +447 +448 (River Mile 71.9). Kiser Creek Diversion Approximately 1,795 feet downstream of IL–96 .. None +478 Town of New Canton. Ditch. Approximately 1,848 feet upstream of IL–96 ...... None +486 Mississippi River...... Approximately 0.65 mile downstream of U.S. +462 +463 Unincorporated Areas of Pike Route 54 (River Mile 282.5). County. Approximately 700 feet upstream of 1st Avenue +477 +479 extended (River Mile 312).

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29270 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of New Canton Maps are available for inspection at the Sny Island Drainage District, 490 North Main Street, New Canton, IL 62356. Unincorporated Areas of Pike County Maps are available for inspection at the Pike County Courthouse, 100 East Washington Street, Pittsfield, IL 62363.

Clay County, Indiana, and Incorporated Areas

Birch Creek—Pouges Run Approximately 720 feet downstream of White None +624 City of Brazil, Unincorporated Rock Road. Areas of Clay County. Approximately 1.29 miles upstream of White None +652 Rock Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Brazil Maps are available for inspection at City Hall, 203 East National Avenue, Brazil, IN 47834. Unincorporated Areas of Clay County Maps are available for inspection at the Clay County Emergency Management Agency, Clay County Justice Center, 611 East Jackson Street, Brazil, IN 47834.

Owen County, Kentucky, and Incorporated Areas

Balls Branch (Backwater From the confluence with the Kentucky River to None +495 Unincorporated Areas of Owen effects from Kentucky approximately 0.4 mile upstream of Point of County. River). Rock Road. Big Twin Creek (Backwater From the confluence with the Kentucky River to None +478 Unincorporated Areas of Owen effects from Kentucky approximately 2.3 miles upstream of KY–355. County. River). Cedar Creek (Backwater From the confluence with the Kentucky River to None +493 City of Monterey, Unincorporated effects from Kentucky approximately 1,230 feet upstream of U.S. Areas of Owen County. River). Route 127. Clay Lick Creek (Back- From the confluence with the Kentucky River to None +485 City of Gratz, Unincorporated water effects from Ken- approximately 780 feet upstream of the con- Areas of Owen County. tucky River). fluence with Clay Lick Creek Tributary 3. Clay Lick Creek Tributary 3 From the confluence with Clay Lick Creek to ap- None +485 Unincorporated Areas of Owen (Backwater effects from proximately 1,585 feet upstream of the con- County. Kentucky River). fluence with Clay Lick Creek. Eagle Creek (Backwater From the confluence with the Kentucky River to None +473 Unincorporated Areas of Owen effects from Kentucky approximately 1.2 mile upstream of KY–227. County. River). Kentucky River ...... At the confluence with Eagle Creek ...... None +473 City of Gratz, City of Monterey, Unincorporated Areas of Owen County. At approximately 3.3 miles upstream of the con- None +497 fluence with Balls Branch. Little Twin Creek (Back- From the confluence with the Kentucky River to None +478 Unincorporated Areas of Owen water effects from Ken- approximately 485 feet upstream of KY–325. County. tucky River). Lowderbach Branch (Back- From the confluence with the Kentucky River to None +485 City of Gratz, Unincorporated water effects from Ken- approximately 0.5 mile upstream of KY–355. Areas of Owen County. tucky River).

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29271

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Mill Creek (Backwater ef- From the confluence with the Kentucky River to None +478 Unincorporated Areas of Owen fects from Kentucky approximately 100 feet downstream of KY–355. County. River). Mint Spring Branch (Back- From the confluence with Severn Creek to ap- None +489 Unincorporated Areas of Owen water effects from Ken- proximately 0.45 mile upstream of the con- County. tucky River). fluence with Severn Creek. Severn Creek (Backwater From the confluence with the Kentucky River to None +489 Unincorporated Areas of Owen effects from Kentucky approximately 1.6 mile upstream of the con- County. River). fluence with Mint Spring Branch.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Gratz Maps are available for inspection at City Hall, 94 Main Street, Gratz, KY 40327. City of Monterey Maps are available for inspection at City Hall, 610 Monterey Pike, Monterey, KY 40359. Unincorporated Areas of Owen County Maps are available for inspection at the Owen County Courthouse, 100 North Thomas Street, Owenton, KY 40359.

Trigg County, Kentucky, and Incorporated Areas

Barnett Creek (Backwater From the confluence with Kentucky Lake to ap- None +375 Unincorporated Areas of Trigg effects from Kentucky proximately 2,324 feet upstream of the con- County. Lake). fluence with Kentucky Lake. Beechy Fork (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 0.75 mile upstream of the con- County. kley). fluence with Lake Barkley. Big Hurricane Creek From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 2,185 feet upstream of the con- County. Lake Barkley). fluence with Lake Barkley. Blockhouse Creek (Back- From the confluence with Kentucky Lake to ap- None +375 Unincorporated Areas of Trigg water effects from Ken- proximately 1,850 feet upstream of the con- County. tucky Lake). fluence with Kentucky Lake. Colson Creek (Backwater From the confluence with Kentucky Lake to ap- None +375 Unincorporated Areas of Trigg effects from Kentucky proximately 1,426 feet upstream of the con- County. Lake). fluence with Kentucky Lake. Craig Branch (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 0.6 mile upstream of the con- County. kley). fluence with Lake Barkley. Crooked Creek (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 0.8 mile upstream of the con- County. kley). fluence with Lake Barkley. Cumberland River Tribu- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg tary 1 (Backwater effects proximately 2,538 feet upstream of the con- County. from Lake Barkley). fluence with Lake Barkley. Donaldson Creek (Back- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg water effects from Lake proximately 1.0 mile upstream of Linton Road. County. Barkley). Donaldson Creek Tributary From the confluence with Donaldson Creek to None +375 Unincorporated Areas of Trigg 1 (Backwater effects approximately 1,200 feet upstream of the con- County. from Lake Barkley). fluence with Donaldson Creek. Donaldson Creek Tributary From the confluence with Donaldson Creek to None +375 Unincorporated Areas of Trigg 19 (Backwater effects approximately 1,315 feet upstream of the con- County. from Lake Barkley). fluence with Donaldson Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29272 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Dry Creek (Backwater ef- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg fects from Lake Barkley). proximately 0.56 mile upstream of the con- County. fluence with Lake Barkley. Dry Creek I (Backwater ef- From the confluence with Muddy Fork Little None +375 Unincorporated Areas of Trigg fects from Lake Barkley). River to approximately 2,430 feet upstream of County. the confluence with Muddy Fork Little River. Dyers Creek (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 2,335 feet upstream of the con- County. kley). fluence with Lake Barkley. Dyers Creek Tributary 1.1 From the confluence with Dyers Creek to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 1,030 feet upstream of the con- County. Lake Barkley). fluence with Dyers Creek. Elbow Creek (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 2,715 feet upstream of the con- County. kley). fluence with Lake Barkley. Hopson Creek (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 0.54 mile upstream of the con- County. kley). fluence with Lake Barkley. Jake Fork (Backwater ef- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg fects from Lake Barkley). proximately 1,407 feet upstream of the con- County. fluence with Lake Barkley. Kelly Branch (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 0.57 mile upstream of the con- County. kley). fluence with Lake Barkley. Kentucky Lake ...... Entire shoreline within county ...... None +375 Unincorporated Areas of Trigg County. Lake Barkley ...... Entire shoreline within county ...... None +375 Unincorporated Areas of Trigg County. Laura Furnace Creek From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 0.71 mile upstream of the con- County. Lake Barkley). fluence with Lake Barkley. Lick Creek (Backwater ef- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg fects from Lake Barkley). proximately 0.55 mile upstream of the con- County. fluence with Lake Barkley. Little Creek (Backwater ef- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg fects from Lake Barkley). proximately 0.78 mile upstream of the con- County. fluence with Lake Barkley. Little Hurricane Creek From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 2,280 feet upstream of the con- County. Lake Barkley). fluence with Lake Barkley. Little River (Backwater ef- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg fects from Lake Barkley). proximately 4.5 miles upstream of the con- County. fluence with Lake Barkley. Little River Tributary 1 From the confluence with the Little River to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 1,678 feet upstream of the con- County. Lake Barkley). fluence with the Little River. Little River Tributary 40 From the confluence with the Little River to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 1,330 feet upstream of the con- County. Lake Barkley). fluence with the Little River. Long Creek (Backwater ef- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg fects from Lake Barkley). proximately 0.83 mile upstream of the con- County. fluence with Lake Barkley. Long Pond Branch (Back- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg water effects from Lake proximately 1,793 feet upstream of the con- County. Barkley). fluence with Lake Barkley. Muddy Fork Little River From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 0.8 mile upstream of Princeton County. Lake Barkley). Road. North Fork Sugar Creek From the confluence with Kentucky Lake to ap- None +375 Unincorporated Areas of Trigg (Backwater effects from proximately 0.57 mile upstream of the con- County. Kentucky Lake). fluence with Kentucky Lake. Pond Creek (Backwater ef- From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg fects from Lake Barkley). proximately 0.6 mile upstream of the con- County. fluence with Lake Barkley.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29273

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Rhodes Creek (Backwater From the confluence with Kentucky Lake to ap- None +375 Unincorporated Areas of Trigg effects from Kentucky proximately 0.54 mile upstream of the con- County. Lake). fluence with Kentucky Lake. Shaw Branch (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 1,740 feet upstream of the con- County. kley). fluence with Lake Barkley. Shelly Creek (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 0.52 mile upstream of the con- County. kley). fluence with Lake Barkley. Taylor Creek (Backwater From the confluence with Lake Barkley to ap- None +375 Unincorporated Areas of Trigg effects from Lake Bar- proximately 2,435 feet upstream of the con- County. kley). fluence with Lake Barkley. Turkey Creek (Backwater From the confluence with Kentucky Lake to ap- None +375 Unincorporated Areas of Trigg effects from Kentucky proximately 0.54 mile upstream of the con- County. Lake). fluence with Kentucky Lake. Vickers Creek (Backwater From the confluence with Kentucky Lake to ap- None +375 Unincorporated Areas of Trigg effects from Kentucky proximately 2,376 feet upstream of the con- County. Lake). fluence with Kentucky Lake. West Fork Laura Furnace From the confluence with Laura Furnace Creek None +375 Unincorporated Areas of Trigg Creek (Backwater effects to approximately 1,247 feet upstream of the County. from Lake Barkley). confluence with Laura Furnace Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Trigg County Maps are available for inspection at the Trigg County Courthouse, 12 Court Street, Cadiz, KY 42211.

Buchanan County, Missouri, and Incorporated Areas

102 River ...... At the confluence with the Platte River ...... +847 +848 City of St. Joseph, Unincorporated Areas of Buchanan County. Approximately 1.1 mile upstream of Cook Road +861 +864 Bee Creek ...... Approximately 1.3 mile downstream of Stafford +883 +882 Unincorporated Areas of Bu- Road. chanan County. Approximately 360 feet upstream of Southeast None +942 Vincent Road. Blacksnake Creek ...... Just upstream of Jules Street ...... +840 +837 City of St. Joseph. Approximately 895 feet upstream of U.S. Route +936 +940 59. Brown’s Branch ...... Approximately 1,025 feet downstream of 3rd +859 +861 City of St. Joseph. Street. Approximately 0.7 mile upstream of 3rd Street ... None +904 Castile Creek ...... Approximately 500 feet downstream of Missouri +821 +822 Unincorporated Areas of Bu- Route 116. chanan County. Approximately 2.5 miles upstream of the con- +839 +838 fluence with Jenkins Branch. Charles Street Drainage Approximately 365 feet downstream of Edmund +858 +854 City of St. Joseph. Course. Street. Approximately 147 feet upstream of 25th Street None +982 Contrary Creek ...... Approximately 1,483 feet upstream of the con- None +808 City of St. Joseph, Unincorporated fluence with the Missouri River. Areas of Buchanan County. Approximately 3.7 miles upstream of the con- None +808 fluence with the Missouri River. Approximately 63 feet downstream of Marie None +832 Road. Approximately 0.8 mile upstream of Keck Lane .. None +849

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29274 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Corby Parkway Drainage At the confluence with Blacksnake Creek ...... None +863 City of St. Joseph. Course. Approximately 1,260 feet upstream of Corby None +904 Parkway. East Branch Bee Creek .... At the confluence with Bee Creek ...... None +925 Unincorporated Areas of Bu- chanan County. Approximately 0.9 mile upstream of Missouri None +944 Route DD. Jenkins Branch ...... At the confluence with Castile Creek ...... +826 +827 Unincorporated Areas of Bu- chanan County. Approximately 1,500 feet upstream of Missouri +901 +900 Route H. Little Third Fork Platte At the confluence with the Third Fork Platte +854 +858 Unincorporated Areas of Bu- River. River. chanan County. Approximately 0.5 mile upstream of County +861 +862 Road 135 Northeast. Missouri River...... Approximately 2.0 miles downstream of U.S. +789 +791 City of Rushville, City of St. Jo- Route 59. seph. Approximately 4.2 miles upstream of the con- +821 +825 Unincorporated Areas of Bu- fluence with Blacksnake Creek. chanan County, Village of Lewis And Clark. Mitchell Avenue Drainage Just upstream of 13th Street ...... +841 +849 City of St. Joseph. Course. Approximately 950 feet upstream of Frederick +925 +924 Avenue. North Tributary to Black- At the confluence with Blacksnake Creek ...... +918 +921 City of St. Joseph. snake Creek. Approximately 370 feet upstream of Miller Road +949 +950 North Tributary to Brown’s At the confluence with Brown’s Branch ...... +878 +881 City of St. Joseph. Branch. Approximately 78 feet upstream of 14th Street ... None +935 North Tributary to White- At the confluence with Whitehead Creek ...... +856 +859 City of St. Joseph. head Creek. Approximately 12 feet upstream of Pickett Road None +906 Pigeon Creek ...... At the confluence with the Platte River ...... +838 +839 Town of Agency, Unincorporated Areas of Buchanan County. Approximately 3.0 miles upstream of Missouri +878 +883 Route FF. Platte River...... Approximately 1.0 mile upstream of Missouri +824 +823 City of St. Joseph, Town of Agen- Route 116. cy. Approximately 1.1 mile upstream of Cook Road +855 +856 Unincorporated Areas of Bu- chanan County. Possum Hollow ...... Approximately 1,670 feet upstream of the con- +838 +839 Town of Agency, Unincorporated fluence with Pigeon Creek. Areas of Buchanan County. Approximately 40 feet downstream of Missouri +838 +839 Route H. South Tributary to White- Approximately 825 feet downstream of I–229 ..... None +838 City of St. Joseph. head Creek. Approximately 106 feet downstream of Center +935 +934 Drive. Third Fork Platte River ...... Approximately 1.5 mile upstream of the con- +846 +845 Unincorporated Areas of Bu- fluence with the Platte River. chanan County. Approximately 0.5 mile upstream of Missouri +874 +873 Route P. Whitehead Creek ...... Approximately 30 feet downstream of I–229 ...... None +829 City of St. Joseph. Approximately 1.8 mile upstream of South 22nd None +888 Street.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29275

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Rushville Maps are available for inspection at the Buchanan County Courthouse, 411 Jules Street, St. Joseph, MO 64501. City of St. Joseph Maps are available for inspection at City Hall, 1100 Frederick Avenue, St. Joseph, MO 64501. Town of Agency Maps are available for inspection at the Town Hall, State Route FF, Agency, MO 64401. Unincorporated Areas of Buchanan County Maps are available for inspection at the Buchanan County Courthouse, 411 Jules Street, St. Joseph, MO 64501. Village of Lewis And Clark Maps are available for inspection at the Village Hall, 400 Lake Crest Drive, Rushville, MO 64484.

Gasconade County, Missouri, and Incorporated Areas

Brushy Fork (Backwater ef- From the confluence with First Creek to approxi- +524 +526 Unincorporated Areas of Gas- fects from Missouri mately 0.64 mile upstream of the confluence conade County. River). with Howard Creek. Cole Creek (Backwater ef- From the confluence with the Missouri River to None +522 Unincorporated Areas of Gas- fects from Missouri approximately 1.4 mile upstream of the con- conade County. River). fluence with the Missouri River. First Creek (Backwater ef- From the confluence with the Gasconade River +524 +526 Unincorporated Areas of Gas- fects from Missouri to approximately 1,320 feet upstream of the conade County. River). confluence with First Creek Tributary 6. First Creek Tributary 6 From the confluence with First Creek to approxi- +524 +526 Unincorporated Areas of Gas- (Backwater effects from mately 1,478 feet upstream of the confluence conade County. Missouri River). with First Creek. Frene Creek (Backwater From the confluence with the Missouri River to +518 +519 City of Hermann, Unincorporated effects from Missouri approximately 68 feet downstream of 14th Areas of Gasconade County. River). Street. Frene Creek Tributary 8 From the confluence with Frene Creek to ap- +518 +519 City of Hermann, Unincorporated (Backwater effects from proximately 314 feet upstream of Schiefers Areas of Gasconade County. Missouri River). Branch Road. Gasconade River (Back- From the confluence with the Missouri River to +524 +526 Unincorporated Areas of Gas- water effects from Mis- approximately 0.58 mile downstream of the conade County. souri River). confluence with Gasconade River Tributary 26. Howard Creek (Backwater From the confluence with Brushy Fork to ap- None +526 Unincorporated Areas of Gas- effects from Missouri proximately 0.74 mile upstream of the con- conade County. River). fluence with Brushy Fork. Little Berger Creek (Back- From the confluence with the Missouri River to +513 +515 Unincorporated Areas of Gas- water effects from Mis- Missouri Route 100. conade County. souri River). Missouri River...... Approximately 0.7 mile upstream of the con- +515 +516 Unincorporated Areas of Gas- fluence with Little Berger Creek in Franklin conade County. County. Approximately 690 feet downstream of the con- +527 +528 fluence with Shawnee Creek. Richland Creek (Backwater From the confluence with the Gasconade River +524 +526 Unincorporated Areas of Gas- effects from Missouri to approximately 1,816 feet downstream of the conade County. River). confluence with Richland Creek Tributary 2. Sugar Creek (Backwater From approximately 0.68 mile downstream of +524 +526 Unincorporated Areas of Gas- effects from Missouri Missouri Route J to the confluence with the conade County. River). Gasconade River.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29276 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

ADDRESSES City of Hermann Maps are available for inspection at 1902 Jefferson Street, Hermann, MO 65041. Unincorporated Areas of Gasconade County Maps are available for inspection at 119 East 1st Street, Hermann, MO 65041.

Anderson County, South Carolina, and Incorporated Areas

Bailey Creek ...... Approximately 600 feet upstream of the con- None +673 City of Anderson, Unincorporated fluence with Cox Creek. Areas of Anderson County. Approximately 1.4 mile upstream of Simpson None +732 Road. Bear Creek ...... At the confluence with the Rocky River ...... None +556 Unincorporated Areas of Ander- son County. Approximately 1.7 mile upstream of Due West None +714 Highway. Beaver Creek ...... At the confluence with the Rocky River ...... None +571 Unincorporated Areas of Ander- son County. Approximately 2,300 feet upstream of the con- None +770 fluence with Beaver Creek Tributary 15. Beaver Creek Tributary 1 .. At the confluence with Beaver Creek ...... None +572 Unincorporated Areas of Ander- son County. Approximately 1,100 feet upstream of Mimosa None +585 Trail. Beaver Creek Tributary 12 Approximately 380 feet upstream of the con- None +690 Unincorporated Areas of Ander- fluence with Beaver Creek. son County. Approximately 2,180 feet upstream of Kaye None +738 Drive. Beaver Creek Tributary 13 Approximately 270 feet upstream of the con- None +704 Unincorporated Areas of Ander- fluence with Beaver Creek. son County. Approximately 1,050 feet upstream of Keys None +789 Street. Beaver Creek Tributary 14 Approximately 210 feet upstream of the con- None +704 Unincorporated Areas of Ander- fluence with Beaver Creek. son County. Approximately 650 feet upstream of Winfield None +776 Drive. Beaver Creek Tributary 15 At the confluence with Beaver Creek ...... None +744 Unincorporated Areas of Ander- son County. Approximately 3,010 feet upstream of the con- None +764 fluence with Beaver Creek. Beaverdam Creek A ...... At the confluence with the Rocky River ...... None +690 Unincorporated Areas of Ander- son County. Approximately 3,480 feet upstream of Welcome None +766 Road. Beaverdam Creek A Tribu- At the confluence with Beaverdam Creek A ...... None +757 Unincorporated Areas of Ander- tary 15. son County. Approximately 3,530 feet upstream of the con- None +774 fluence with Beaverdam Creek A. Beaverdam Creek B Tribu- Approximately 260 feet downstream of I–85 ...... None +680 Unincorporated Areas of Ander- tary 3. son County. Approximately 2,860 feet upstream of I–85 ...... None +717 Big Brushy Creek ...... Approximately 500 feet upstream of the con- None +777 Unincorporated Areas of Ander- fluence with the Saluda River. son County. At the Pickens County boundary ...... None +901 Big Brushy Creek Tributary At the confluence with Big Brushy Creek ...... None +789 Unincorporated Areas of Ander- 17. son County. Approximately 4,330 feet upstream of the con- None +809 fluence with Big Brushy Creek. Big Brushy Creek Tributary At the confluence with Big Brushy Creek ...... None +782 Unincorporated Areas of Ander- 23. son County. Approximately 550 feet upstream of Blossom None +818 Branch Road. Big Brushy Creek Tributary At the confluence with Big Brushy Creek ...... None +800 Unincorporated Areas of Ander- 9. son County. Approximately 450 feet upstream of Cater Drive None +810

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29277

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Big Creek ...... At the confluence with the Saluda River ...... None +647 Town of Williamston, Unincor- porated Areas of Anderson County. Approximately 2,060 feet upstream of U.S. None +871 Route 29. Big Creek Tributary 13 ...... At the confluence with Big Creek ...... None +695 Unincorporated Areas of Ander- son County. Approximately 2,640 feet upstream of the con- None +716 fluence with Big Creek. Big Garvin Creek ...... At the confluence with Three and Twenty Creek None +726 Unincorporated Areas of Ander- son County. Approximately 1,950 feet upstream of Central None +788 Road. Big Garvin Creek Tributary At the confluence with Big Garvin Creek ...... None +745 Unincorporated Areas of Ander- 3. son County. Approximately 630 feet upstream of Bishops None +767 Branch Road. Big Generostee Creek...... Approximately 600 feet upstream of the con- None +613 Unincorporated Areas of Ander- fluence with Lazy Branch. son County. Just downstream of Michelin Boulevard ...... None +664 Big Generostee Creek At the confluence with Big Generostee Creek ..... None +624 Unincorporated Areas of Ander- Tributary 15. son County. Approximately 1,860 feet upstream of the con- None +644 fluence with Big Generostee Creek. Big Generostee Creek At the confluence with Big Generostee Creek ..... None +627 Unincorporated Areas of Ander- Tributary 17. son County. Approximately 1,980 feet upstream of the con- None +644 fluence with Big Generostee Creek. Big Generostee Creek At the confluence with Big Generostee Creek ..... None +634 Unincorporated Areas of Ander- Tributary 20. son County. Approximately 2,160 feet upstream of the con- None +661 fluence with Big Generostee Creek. Big Generostee Creek At the confluence with Big Generostee Creek ..... None +641 Unincorporated Areas of Ander- Tributary 22. son County. Approximately 4,180 feet upstream of the con- None +685 fluence with Big Generostee Creek. Big Generostee Creek Approximately 480 feet upstream of the con- None +670 Unincorporated Areas of Ander- Tributary 28. fluence with Big Generostee Creek. son County. Approximately 490 feet upstream of the railroad None +787 Big Generostee Creek Approximately 380 feet upstream of the con- None +679 Unincorporated Areas of Ander- Tributary 30. fluence with Big Generostee Creek. son County. Approximately 2,540 feet upstream of the con- None +690 fluence with Big Generostee Creek. Big Generostee Creek Approximately 1,000 feet upstream of the con- None +682 Unincorporated Areas of Ander- Tributary 31. fluence with Big Generostee Creek. son County. Approximately 2,130 feet upstream of West None +794 Shockley Fry Road. Big Generostee Creek Approximately 960 feet upstream of the con- None +683 Unincorporated Areas of Ander- Tributary 32. fluence with Big Generostee Creek. son County. Approximately 100 feet upstream of New Pond None +773 Road. Broad Mouth Creek ...... At the Abbeville County boundary ...... None +593 Unincorporated Areas of Ander- son County. Approximately 2,700 feet upstream of State None +778 Highway 247. Broad Mouth Creek Tribu- At the confluence with Broad Mouth Creek ...... None +648 Unincorporated Areas of Ander- tary 11. son County. Approximately 1,330 feet upstream of Nalley None +667 Road. Broad Mouth Creek Tribu- At the confluence with Broad Mouth Creek Tribu- None +651 Unincorporated Areas of Ander- tary 11.1. tary 11. son County. Approximately 1,380 feet upstream of the con- None +664 fluence with Broad Mouth Creek Tributary 11. Broadway Creek ...... At the confluence with the Rocky River ...... None +597 Unincorporated Areas of Ander- son County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29278 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Approximately 300 feet downstream of Broadway None +672 School Road. Brushy Creek ...... At the confluence with Big Brushy Creek ...... None +802 Unincorporated Areas of Ander- son County. At the Pickens County boundary ...... None +877 Brushy Creek Tributary 7 .. At the confluence with Big Brushy Creek ...... None +819 Unincorporated Areas of Ander- son County. Approximately 3,010 feet upstream of Laboone None +851 Road. Camp Creek ...... Approximately 1,250 feet upstream of Cherokee None +801 Town of Williamston. Road. Approximately 1,850 feet upstream of Cherokee None +805 Road. Canoe Creek ...... At the confluence with Little Generostee Creek .. None +490 Unincorporated Areas of Ander- son County. Approximately 2.0 miles upstream of Turpin None +635 Road. Canoe Creek Tributary 3 ... At the confluence with Canoe Creek ...... None +520 Unincorporated Areas of Ander- son County. Approximately 2,900 feet upstream of Gene For- None +620 ester Road. Canoe Creek Tributary 6 ... At the confluence with Canoe Creek ...... None +544 Unincorporated Areas of Ander- son County. Approximately 2,800 feet upstream of Hatchery None +626 Road. Canoe Creek Tributary 6.1 At the confluence with Canoe Creek Tributary 6 None +553 Unincorporated Areas of Ander- son County. Approximately 260 feet upstream of Gray Circle None +588 Carmel Creek ...... At the confluence with Three and Twenty Creek None +796 Unincorporated Areas of Ander- son County. At the Pickens County boundary ...... None +824 Charles Creek ...... At the confluence with Three and Twenty Creek None +804 Unincorporated Areas of Ander- son County. Approximately 1.2 mile upstream of Ridge Road None +867 Cherokee Creek ...... Approximately 660 feet upstream of the con- None +773 City of Belton, Unincorporated fluence with Cherokee Creek Tributary 17. Areas of Anderson County. Approximately 970 feet upstream of the con- None +793 fluence with Cherokee Creek Tributary 17. Cherokee Creek Tributary At the confluence with Cherokee Creek ...... None +780 City of Belton, Unincorporated 17. Areas of Anderson County. Approximately 1,090 feet upstream of Watkins None +792 Road. Corner Creek ...... Approximately 400 feet upstream of the Abbe- None +692 Town of Honea Path, Unincor- ville County boundary. porated Areas of Anderson County. Approximately 150 feet upstream of Oak Drive ... None +762 Corner Creek Tributary 2 .. At the confluence with Corner Creek ...... None +703 Town of Honea Path, Unincor- porated Areas of Anderson County. Approximately 830 feet upstream of Pinson Drive None +771 Corner Creek Tributary 4 .. Approximately 200 feet upstream of the con- None +717 Town of Honea Path. fluence with Corner Creek. Approximately 460 feet upstream of Park Ave- None +740 nue. Craven Creek ...... Approximately 400 feet upstream of the con- None +787 Unincorporated Areas of Ander- fluence with the Saluda River. son County. Approximately 3,010 feet upstream of Cannon None +795 Lane. Crooked Creek ...... At the confluence with Little Generostee Creek .. None +481 Unincorporated Areas of Ander- son County. Approximately 1.3 mile upstream of Sam Turner None +530 Road. Crooked Creek Tributary 2 At the confluence with Crooked Creek ...... None +497 Unincorporated Areas of Ander- son County. Approximately 2,170 feet upstream of the con- None +511 fluence with Crooked Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29279

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Cuffie Creek ...... At the confluence with Three and Twenty Creek None +729 Unincorporated Areas of Ander- son County. Approximately 2.1 miles upstream of Bishops None +809 Branch Road. Deep Step Creek ...... At the confluence with Jordan Creek ...... None +613 Unincorporated Areas of Ander- son County. Approximately 1,600 feet upstream of the con- None +623 fluence with Jordan Creek. Double Branch ...... At the confluence with Three and Twenty Creek None +758 Unincorporated Areas of Ander- son County. Approximately 3,220 feet upstream of Burgess None +789 Road. East Beards Creek ...... At the Abbeville County boundary ...... None +505 Unincorporated Areas of Ander- son County. Approximately 100 feet upstream of Saxton Gin None +726 Road. East Prong Creek ...... At the confluence with Little Generostee Creek .. None +518 Unincorporated Areas of Ander- son County. Approximately 70 feet downstream of Johnny None +647 Long Road. East Prong Creek Tributary At the confluence with East Prong Creek ...... None +578 Unincorporated Areas of Ander- 11. son County. Approximately 1,340 feet upstream of Hall Road None +641 Eighteen Mile Creek ...... Approximately 1,100 feet upstream of the con- None +663 Town of Pendleton, Unincor- fluence with the Seneca River. porated Areas of Anderson County. Approximately 80 feet upstream of Central Road None +709 Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +663 Unincorporated Areas of Ander- tary 1. son County. Approximately 2,090 feet upstream of the con- None +663 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +664 Unincorporated Areas of Ander- tary 3. son County. Approximately 2,780 feet upstream of the con- None +670 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +665 Unincorporated Areas of Ander- tary 4. son County. Approximately 2,410 feet upstream of the con- None +678 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +665 Unincorporated Areas of Ander- tary 5. son County. Approximately 2,960 feet upstream of the con- None +674 fluence with eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +667 Unincorporated Areas of Ander- tary 6. son County. Approximately 2,350 feet upstream of the con- None +677 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +667 Unincorporated Areas of Ander- tary 7. son County. Approximately 2,060 feet upstream of Fants None +692 Grove Circle. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +671 Unincorporated Areas of Ander- tary 10. son County. Approximately 3,710 feet upstream of the con- None +734 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +671 Unincorporated Areas of Ander- tary 11. son County. Approximately 1.6 mile upstream of the con- None +734 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +674 Unincorporated Areas of Ander- tary 12. son County. Approximately 3,380 feet upstream of the con- None +694 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +680 Unincorporated Areas of Ander- tary 13. son County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29280 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Approximately 1,110 feet upstream of Fants None +718 Grove Road. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek Trib- None +697 Unincorporated Areas of Ander- tary 13.2. utary 13. son County. Approximately 3,020 feet upstream of the con- None +721 fluence with Eighteen Mile Creek Tributary 13. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +687 Unincorporated Areas of Ander- tary 18. son County. Approximately 2,480 feet upstream of West None +727 Queen Street. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +688 Town of Pendleton, Unincor- tary A. porated Areas of Anderson County. Approximately 4,160 feet upstream of the con- None +730 fluence with Eighteen Mile Creek. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek Trib- None +701 Town of Pendleton. tary A Tributary 1. utary A. Approximately 1.0 mile upstream of the con- None +768 fluence with Eighteen Mile Creek Tributary A. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek ...... None +695 Town of Pendleton, Unincor- tary B. porated Areas of Anderson County. Approximately 850 feet upstream of Hamberg None +738 Street. Eighteen Mile Creek Tribu- At the confluence with Eighteen Mile Creek Trib- None +738 Town of Pendleton. tary B Tributary 2. utary B. Approximately 1,000 feet upstream of Crenshaw None +796 Street. First Creek ...... At the confluence with the Rocky River ...... None +549 Unincorporated Areas of Ander- son County. Approximately 400 feet upstream of First Creek None +597 Road. First Creek Tributary 1 ...... At the confluence with First Creek ...... None +549 Unincorporated Areas of Ander- son County. Approximately 1,930 feet upstream of the con- None +557 fluence with First Creek. Five Mile Creek ...... At the confluence with Big Generostee Creek ..... None +648 Unincorporated Areas of Ander- son County. Approximately 2,480 feet upstream of New Pros- None +725 pect Church Road. Five Mile Creek Tributary 1 At the confluence with Five Mile Creek ...... None +657 Unincorporated Areas of Ander- son County. Approximately 1.2 mile upstream of Jones Drive None +744 Five Mile Creek Tributary 5 At the confluence with Five Mile Creek ...... None +688 Unincorporated Areas of Ander- son County. Approximately 2,070 feet upstream of Country None +712 Meadow Road. Five Mile Creek Tributary 9 At the confluence with Five Mile Creek ...... None +718 Unincorporated Areas of Ander- son County. Approximately 1,130 feet upstream of the con- None +741 fluence with Five Mile Creek. Governors Creek ...... At the confluence with Rocky Creek ...... None +554 Unincorporated Areas of Ander- son County. Approximately 2,700 feet upstream of Gillespie None +624 Road. Governors Creek Tributary At the confluence with Governors Creek ...... None +583 Unincorporated Areas of Ander- 4. son County. Approximately 4,550 feet upstream of the con- None +639 fluence with Governors Creek. Hartwell Reservoir Tribu- At the confluence with Town Creek A ...... None +663 City of Anderson, Unincorporated tary. Areas of Anderson County. Approximately 1,100 feet downstream of Valley None +690 Drive. Hembree Creek ...... At the confluence with Six and Twenty Creek ..... None +666 City of Anderson, Unincorporated Areas of Anderson County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29281

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Approximately 3,820 feet upstream of Salem None +724 Church Road. Hencoop Creek ...... At the confluence with the Rocky River ...... None +558 Unincorporated Areas of Ander- son County. Approximately 500 feet upstream of Due West None +615 Highway. Hornbuckle Creek ...... At the confluence with Big Brushy Creek ...... None +806 Unincorporated Areas of Ander- son County. Approximately 160 feet upstream of Sitton Hill None +829 Road. Hurricane Creek A ...... At the confluence with Six and Twenty Creek ..... None +666 Unincorporated Areas of Ander- son County. Approximately 3,960 feet upstream of I–85 ...... None +706 Hurricane Creek B ...... At the confluence with the Saluda River ...... None +739 Unincorporated Areas of Ander- son County. Approximately 2,590 feet upstream of State None +849 Highway 17. Hurricane Creek B Tribu- At the confluence with Hurricane Creek B ...... None +817 Unincorporated Areas of Ander- tary 11. son County. Approximately 3,350 feet upstream of the con- None +829 fluence with Hurricane Creek B. Hurricane Creek B Tribu- At the confluence with Hurricane Creek B ...... None +763 Unincorporated Areas of Ander- tary 7. son County. Approximately 3,330 feet upstream of the con- None +784 fluence with Hurricane B. Hurricane Creek B Tribu- At the confluence with Hurricane Creek B ...... None +765 Unincorporated Areas of Ander- tary 8. son County. Approximately 1,660 feet upstream of the con- None +772 fluence with Hurricane Creek B. Indian Branch ...... At the confluence with Little Generostee Creek .. None +551 Unincorporated Areas of Ander- son County. Approximately 1,400 feet upstream of Pollard None +616 Road. Indian Branch Tributary 3 .. At the confluence with Indian Branch ...... None +573 Unincorporated Areas of Ander- son County. Approximately 3,440 feet upstream of the con- None +600 fluence with Indian Branch. Jones Creek ...... At the confluence with Six and Twenty Creek ..... None +675 Unincorporated Areas of Ander- son County. Approximately 100 feet downstream of Scotts None +692 Bridge Road. Jones Creek Tributary 1 .... At the confluence with Jones Creek ...... None +683 Unincorporated Areas of Ander- son County. Approximately 1,850 feet upstream of I–85 ...... None +714 Jordan Creek ...... At the confluence with Wilson Creek ...... None +561 Unincorporated Areas of Ander- son County. Approximately 1,000 feet upstream of Hebron None +639 Church Road. Jordan Creek Tributary 1 .. At the confluence with Jordan Creek ...... None +569 Unincorporated Areas of Ander- son County. Approximately 1,500 feet upstream of Aubrey None +583 Hardy Road. Little Beaverdam Creek..... Approximately 600 feet upstream of Hattons None +662 Unincorporated Areas of Ander- Ford Road. son County. At the Oconee County boundary ...... None +691 Little Beaverdam Creek A At the confluence with the Rocky River ...... None +697 Unincorporated Areas of Ander- son County. Approximately 4,850 feet upstream of Welcome None +786 Road. Little Beaverdam Creek At the confluence with Little Beaverdam Creek ... None +677 Unincorporated Areas of Ander- Tributary 2. son County. Approximately 3,510 feet upstream of the con- None +692 fluence with Little Beaverdam Creek. Little Beaverdam Creek At the confluence with Little Beaverdam Creek ... None +669 Unincorporated Areas of Ander- Tributary 4. son County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29282 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Approximately 2,200 feet upstream of Gaines None +697 Road. Little Beaverdam Creek At the confluence with Little Beaverdam Creek ... None +668 Unincorporated Areas of Ander- Tributary 5. son County. Approximately 4,470 feet upstream of Fred Dob- None +705 bins Road. Little Beaverdam Creek At the confluence with Little Beaverdam Creek ... None +668 Unincorporated Areas of Ander- Tributary 6. son County. Approximately 2,750 feet upstream of Bradberry None +710 Road. Little Beaverdam Creek At the confluence with Little Beaverdam Creek ... None +664 Unincorporated Areas of Ander- Tributary 7. son County. Approximately 2,870 feet upstream of the con- None +688 fluence with Little Beaverdam Creek. Little Beaverdam Creek At the confluence with Little Beaverdam Creek ... None +663 Unincorporated Areas of Ander- Tributary 8. son County. Approximately 1,950 feet upstream of Slaton None +671 Road. Little Brushy Creek ...... At the confluence with Big Brushy Creek ...... None +793 Unincorporated Areas of Ander- son County. Approximately 1,270 feet upstream of Mountain None +846 Springs Road. Little Garvin Creek ...... At the confluence with Big Garvin Creek ...... None +731 Unincorporated Areas of Ander- son County. Approximately 2,750 feet upstream of Bishops None +764 Branch Road. Little Generostee Creek .... At the Elbert County, Georgia, boundary ...... None +480 Town of Starr, Unincorporated Areas of Anderson County. Approximately 3,400 feet upstream of Erwin None +732 Street. Little Generostee Creek At the confluence with Little Generostee Creek .. None +648 Unincorporated Areas of Ander- Tributary 6. son County. Approximately 2,600 feet upstream of the con- None +732 fluence with Little Generostee Creek Tributary 6.2. Little Generostee Creek At the confluence with Little Generostee Creek None +707 Unincorporated Areas of Ander- Tributary 6.2. Tributary 6. son County. Approximately 1,600 feet upstream of the con- None +707 fluence with Little Generostee Creek Tributary 6. Little Generostee Creek At the confluence with Little Generostee Creek .. None +623 Unincorporated Areas of Ander- Tributary 8. son County. Approximately 2,430 feet upstream of the con- None +655 fluence with Little Generostee Creek. Little Generostee Creek At the confluence with Little Generostee Creek .. None +565 Unincorporated Areas of Ander- Tributary 9. son County. Approximately 3,950 feet upstream of the con- None +587 fluence with Little Generostee Creek. Long Branch A ...... At the Abbeville County boundary ...... None +591 Unincorporated Areas of Ander- son County. Approximately 2,400 feet upstream of Liberty None +618 Road. Middle Branch Brushy At the confluence with Big Brushy Creek ...... None +863 Unincorporated Areas of Ander- Creek. son County. At the Pickens County boundary ...... None +875 Milwee Creek ...... At the confluence with Three and Twenty Creek None +696 Unincorporated Areas of Ander- son County. Approximately 1.0 mile upstream of Gentry Road None +868 Mountain Creek...... Approximately 30 feet upstream of the con- None +554 Unincorporated Areas of Ander- fluence with Big Generostee Creek. son County. Approximately 1.6 mile upstream of Mountain None +724 Church Creek Road. Mountain Creek Tributary At the confluence with Mountain Creek ...... None +594 Unincorporated Areas of Ander- 11. son County. Approximately 1.2 mile upstream of the con- None +675 fluence with Mountain Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29283

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Mountain Creek Tributary 5 At the confluence with Mountain Creek ...... None +572 Unincorporated Areas of Ander- son County. Approximately 4,500 feet upstream of Carl Baker None +617 Road. Mountain Creek Tributary 6 At the confluence with Mountain Creek ...... None +579 Unincorporated Areas of Ander- son County. Approximately 3,680 feet upstream of the con- None +598 fluence with Mountain Creek. Mountain Creek Tributary 7 At the confluence with Mountain Creek ...... None +580 Unincorporated Areas of Ander- son County. Approximately 2,350 feet upstream of the con- None +601 fluence with Mountain Creek. Mountain Creek Tributary 9 At the confluence with Mountain Creek ...... None +586 Unincorporated Areas of Ander- son County. Approximately 150 feet upstream of Chris De None +652 Lane. Mountain Creek Tributary At the confluence with Mountain Creek Tributary None +602 Unincorporated Areas of Ander- 9.3. 9. son County. Approximately 2,890 feet upstream of Martin None +624 Road. Mountain Creek Tributary At the confluence with Mountain Creek Tributary None +618 Unincorporated Areas of Ander- 9.5. 9. son County. Approximately 1.8 mile upstream of the con- None +743 fluence with Mountain Creek Tributary 9. Mountain Creek Tributary At the confluence with Mountain Creek Tributary None +636 Unincorporated Areas of Ander- 9.8. 9. son County. Approximately 2,510 feet upstream of the con- None +653 fluence with Mountain Creek Tributary 9. Neals Creek ...... At the confluence with Broadway Creek ...... None +623 Unincorporated Areas of Ander- son County. Approximately 900 feet upstream of State High- None +731 way 252. Nesbit Creek...... Approximately 290 feet upstream of the con- None +619 Unincorporated Areas of Ander- fluence with Beaver Creek. son County. Approximately 1,840 feet upstream of the con- None +624 fluence with Beaver Creek. Pea Creek ...... At the confluence with Broadway Creek ...... None +635 Unincorporated Areas of Ander- son County. Approximately 1,360 feet upstream of Sherwood None +801 Drive. Pickens Creek ...... At the confluence with Three and Twenty Creek None +786 Unincorporated Areas of Ander- son County. Approximately 1,370 feet upstream of Hunt Road None +874 Pickens Creek Tributary 6 At the confluence with Pickens Creek ...... None +828 Unincorporated Areas of Ander- son County. Approximately 530 feet upstream of Lake Road None +860 Richland Creek ...... At the confluence with Big Generostee Creek ..... None +633 Unincorporated Areas of Ander- son County. Approximately 1.4 mile upstream of U.S. Route None +740 29. Richland Creek Tributary 3 At the confluence with Richland Creek ...... None +652 Unincorporated Areas of Ander- son County. Just downstream of Richland Drive ...... None +652 Richland Creek Tributary 4 At the confluence with Richland Creek ...... None +670 Unincorporated Areas of Ander- son County. Approximately 190 feet upstream of Richland None +670 Drive. Rocky Branch ...... At the confluence with Big Generostee Creek ..... None +638 Unincorporated Areas of Ander- son County. Approximately 1,630 feet upstream of Strawberry None +729 Road. Rocky River ...... At the Abbeville County boundary ...... None +548 City of Anderson, Unincorporated Areas of Anderson County. Approximately 2,180 feet upstream of the con- None +707 fluence with Little Beaverdam Creek A.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29284 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Rocky River Tributary 1 .... At the confluence with the Rocky River ...... None +548 Unincorporated Areas of Ander- son County. Approximately 1.3 mile upstream of the con- None +578 fluence with the Rocky River. Rocky River Tributary 18 .. At the confluence with the Rocky River ...... None +578 Unincorporated Areas of Ander- son County. Approximately 2,600 feet upstream of Due West None +600 Highway. Rocky River Tributary 20 .. At the confluence with the Rocky River ...... None +591 Unincorporated Areas of Ander- son County. Approximately 2,000 feet upstream of Scott None +598 Road. Rocky River Tributary 27 .. Approximately 400 feet upstream of the con- None +651 Unincorporated Areas of Ander- fluence with the Rocky River. son County. Approximately 2,300 feet upstream of the con- None +776 fluence with Rocky River Tributary 27.3. Rocky River Tributary 27.3 At the confluence with Rocky River Tributary 27 None +751 Unincorporated Areas of Ander- son County. Approximately 1,410 feet upstream of George Al- None +781 bert Lake Road. Rocky River Tributary 28 .. Approximately 150 feet downstream of Lawrence None +652 Unincorporated Areas of Ander- Road. son County. Approximately 1,000 feet upstream of Lawrence None +665 Road. Salem Creek ...... Approximately 1,300 feet upstream of the con- None +660 Unincorporated Areas of Ander- fluence with Six and Twenty Creek. son County. Approximately 7,900 feet upstream of Centerville None +671 Road. Salem Creek Tributary 4 ... Approximately 600 feet upstream of the con- None +690 Unincorporated Areas of Ander- fluence with Salem Creek. son County. Approximately 590 feet upstream of Quail Ridge None +695 Road. Saluda River ...... At the Abbeville/Greenville county boundary ...... None +568 Town of Pelzer, Unincorporated Areas of Anderson County. Approximately 1,500 feet downstream of the None +750 confluence with Saluda River Tributary 41. Saluda River Tributary 1 ... Approximately 250 feet upstream of the con- None +804 Unincorporated Areas of Ander- fluence with the Saluda River. son County. Approximately 1.29 mile upstream of Sterling None +898 Bridge Road. Saluda River Tributary 41 Approximately 100 feet upstream of the con- None +757 Unincorporated Areas of Ander- fluence with the Saluda River. son County. Approximately 500 feet upstream of Iler Street ... None +757 Saluda River Tributary 42 At the confluence with the Saluda River ...... None +747 Unincorporated Areas of Ander- son County. Approximately 100 feet upstream of Osteen Hill None +761 Road. Saluda River Tributary 51 At the confluence with the Saluda River ...... None +732 Unincorporated Areas of Ander- son County. Approximately 1,800 feet upstream of Holiday None +784 Street. Saluda River Tributary 52 At the confluence with the Saluda River ...... None +732 Unincorporated Areas of Ander- son County. Approximately 1,160 feet upstream of Old River None +736 Road. Saluda River Tributary 62 At the confluence with the Saluda River ...... None +702 Unincorporated Areas of Ander- son County. Approximately 2,600 feet upstream of the con- None +730 fluence with the Saluda River. Saluda River Tributary At the confluence with the Saluda River ...... None +639 Unincorporated Areas of Ander- 103.1. son County. Approximately 3,600 feet upstream of the con- None +661 fluence with the Saluda River. Savannah River ...... At the Abbeville County boundary ...... None +480 Unincorporated Areas of Ander- son County. Just downstream of the Hartwell Dam ...... None +480

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29285

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Savannah River Tributary At the Hart County, Georgia, boundary ...... None +480 Unincorporated Areas of Ander- 23. son County. Approximately 5,000 feet upstream of the Hart None +490 County, Georgia, boundary. Shanklin Creek Tributary A Approximately 650 feet upstream of the con- None +768 Town of Pendleton. fluence with Shanklin Creek. Approximately 260 feet upstream of East Queen None +792 Street. Silver Brook ...... Approximately 500 feet upstream of the con- None +664 City of Anderson, Unincorporated fluence with the Rocky River. Areas of Anderson County. Approximately 350 feet upstream of White Street None +742 Silver Brook Tributary 2 .... At the confluence with Silver Brook ...... None +703 City of Anderson, Unincorporated Areas of Anderson County. Approximately 140 feet upstream of Hall Street .. None +774 Six and Twenty Creek...... Approximately 4,670 feet downstream of the None +665 Unincorporated Areas of Ander- confluence with Hurricane Creek A. son County. Approximately 250 feet upstream of the con- None +668 fluence with Six and Twenty Creek Tributary 16. Six and Twenty Creek At the confluence with Six and Twenty Creek ..... None +667 Unincorporated Areas of Ander- Tributary 10. son County. Approximately 3,610 feet upstream of Manse None +676 Jolly Road. Six and Twenty Creek At the confluence with Six and Twenty Creek ..... None +667 Unincorporated Areas of Ander- Tributary 11. son County. Approximately 2,050 feet upstream of the con- None +676 fluence with Six and Twenty Creek. Six and Twenty Creek At the confluence with Six and Twenty Creek ..... None +667 Unincorporated Areas of Ander- Tributary 12. son County. Approximately 230 feet upstream of Harris None +696 Bridge Road. Six and Twenty Creek At the confluence with Six and Twenty Creek ..... None +668 Unincorporated Areas of Ander- Tributary 15. son County. Approximately 3,770 feet upstream of the con- None +684 fluence with Six and Twenty Creek. Six and Twenty Creek At the confluence with Six and Twenty Creek ..... None +668 Unincorporated Areas of Ander- Tributary 16. son County. Approximately 4,390 feet upstream of Slater None +701 Road. Six and Twenty Creek Approximately 30 feet upstream of the con- None +679 Unincorporated Areas of Ander- Tributary 19. fluence with Six and Twenty Creek. son County. Approximately 1,800 feet upstream of Dalrymple None +698 Road. Three and Twenty Creek .. Approximately 160 feet upstream of the con- None +661 Unincorporated Areas of Ander- fluence with Six and Twenty Creek. son County. At the Pickens County boundary ...... None +821 Three and Twenty Creek At the confluence with Three and Twenty Creek None +661 Unincorporated Areas of Ander- Tributary 1. son County. Approximately 4,490 feet upstream of the con- None +686 fluence with Three and Twenty Creek. Three and Twenty Creek At the confluence with Three and Twenty Creek None +663 Unincorporated Areas of Ander- Tributary 3. son County. Approximately 1,040 feet upstream of Rock None +688 Creek Road. Three and Twenty Creek At the confluence with Three and Twenty Creek None +665 Unincorporated Areas of Ander- Tributary 5. son County. Approximately 1,480 feet upstream of Hix Road None +706 Three and Twenty Creek At the confluence with Three and Twenty Creek None +665 Unincorporated Areas of Ander- Tributary 5.1. Tributary 5. son County. Approximately 2,410 feet upstream of the con- None +677 fluence with Three and Twenty Creek Tribu- tary 5. Three and Twenty Creek At the confluence with Three and Twenty Creek None +665 Unincorporated Areas of Ander- Tributary 6. son County. Approximately 2,550 feet upstream of the con- None +675 fluence with Three and Twenty Creek.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00071 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29286 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Three and Twenty Creek At the confluence with Three and Twenty Creek None +666 Unincorporated Areas of Ander- Tributary 7. son County. Approximately 4,880 feet upstream of Sandy None +685 Springs Road. Three and Twenty Creek At the confluence with Three and Twenty Creek None +668 Unincorporated Areas of Ander- Tributary 8. son County. Approximately 3,900 feet upstream of the con- None +696 fluence with Three and Twenty Creek. Three and Twenty Creek At the confluence with Three and Twenty Creek None +686 Unincorporated Areas of Ander- Tributary 14. son County. Approximately 400 feet upstream of Lafrance None +714 Road. Three and Twenty Creek At the confluence with Three and Twenty Creek None +692 Unincorporated Areas of Ander- Tributary 15. son County. Approximately 1,950 feet upstream of Lafrance None +730 Road. Three and Twenty Creek At the confluence with Three and Twenty Creek None +744 Unincorporated Areas of Ander- Tributary 29. son County. Approximately 2,000 feet upstream of Olden Por- None +762 ter Road. Three and Twenty Creek At the confluence with Three and Twenty Creek None +747 Unincorporated Areas of Ander- Tributary 34. son County. Approximately 90 feet upstream of Six and None +789 Twenty Road. Three and Twenty Creek At the confluence with Three and Twenty Creek None +778 Unincorporated Areas of Ander- Tributary 43. son County. Approximately 1.0 mile upstream of Slab Bridge None +808 Road. Threemile Creek ...... At the confluence with Big Generostee Creek ..... None +653 Unincorporated Areas of Ander- son County. Approximately 390 feet upstream of Michelin None +726 Boulevard. Toney Creek ...... At the confluence with the Saluda River ...... None +645 Unincorporated Areas of Ander- son County. Approximately 3,700 feet upstream of Cannon None +663 Bottom Road. Toney Creek Tributary 1 ... At the confluence with Toney Creek ...... None +645 Unincorporated Areas of Ander- son County. Approximately 2,600 feet upstream of Rector None +676 Road. Town Creek A ...... At the confluence with Six and Twenty Creek ..... None +667 Unincorporated Areas of Ander- son County. Approximately 140 feet upstream of Foxcroft None +685 Way. Town Creek B ...... At the confluence with Three and Twenty Creek None +715 Town of Pendleton, Unincor- porated Areas of Anderson County. Approximately 3,170 feet upstream of Cherry None +778 Street. Town Creek Tributary ...... At the confluence with Town Creek B ...... None +734 Town of Pendleton, Unincor- porated Areas of Anderson County. Approximately 4,440 feet upstream of Westing- None +783 house Road. Tributary of Eighteen Mile At the confluence with Eighteen Mile Creek ...... None +705 Town of Pendleton, Unincor- Creek. porated Areas of Anderson County. Approximately 3,120 feet upstream of the con- None +729 fluence with Eighteen Mile Creek. Tributary A of Broad Mouth At the confluence with Broad Mouth Creek ...... None +703 City of Belton, Unincorporated Creek. Areas of Anderson County. Approximately 4,600 feet upstream of Blake None +770 Dairy Road. Tributary A of Broad Mouth At the confluence with Tributary A of Broad None +769 City of Belton, Unincorporated Creek Tributary 10. Mouth Creek. Areas of Anderson County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00072 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29287

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Approximately 1,000 feet upstream of the con- None +776 fluence with Tributary A of Broad Mouth Creek. Tributary C of Broad Mouth At the confluence with Broad Mouth Creek ...... None +637 Town of Honea Path, Unincor- Creek. porated Areas of Anderson County. Approximately 600 feet upstream of Carolina Av- None +757 enue. Tributary C of Broad Mouth At the confluence with Tributary C of Broad None +706 Town of Honea Path. Creek Tributary 3. Mouth Creek. Approximately 800 feet upstream of Carter None +753 Street. Tributary C of Broad Mouth At the confluence with Tributary C of Broad None +715 Town of Honea Path. Creek Tributary 4. Mouth Creek. Approximately 1,350 feet upstream of Maryland None +740 Avenue. Tugaloo Creek ...... At the confluence with Beaver Creek ...... None +591 Unincorporated Areas of Ander- son County. Approximately 3,100 feet upstream of Airline None +637 Road. Unnamed Tributary Approximately 200 feet upstream of the con- None +662 Unincorporated Areas of Ander- Beaverdam Creek B fluence with Beaverdam Creek B Tributary 3. son County. Tributary 3. Approximately 2,400 feet upstream of the con- None +700 fluence with Beaverdam Creek B. Unnamed Tributary...... Approximately 50 feet upstream of the con- None +528 Unincorporated Areas of Ander- fluence with Big Generostee Creek. son County. Approximately 1,780 feet upstream of the con- None +541 fluence with Big Generostee Creek. Unnamed Tributary 1 ...... At the Pickens County boundary ...... None +727 Unincorporated Areas of Ander- son County. Approximately 2,380 feet upstream of the Pick- None +749 ens County boundary. Unnamed Tributary of Little At the confluence with Little Beaverdam Creek None +678 Unincorporated Areas of Ander- Beaverdam Creek Tribu- Tributary 5. son County. tary 5. Approximately 4,000 feet upstream of the con- None +712 fluence with Little Beaverdam Creek Tributary 5. Unnamed Tributary of Mid- At the confluence with Middle Branch Brushy None +872 Unincorporated Areas of Ander- dle Branch. Creek. son County. Approximately 2,240 feet upstream of the con- None +904 fluence with Middle Branch Brushy Creek. Weems Creek...... Approximately 50 feet upstream of the con- None +508 Unincorporated Areas of Ander- fluence with Big Generostee Creek. son County. Approximately 2,000 feet upstream of Lenox None +727 Drive. Weems Creek Tributary 12 At the confluence with Weems Creek ...... None +563 Unincorporated Areas of Ander- son County. Approximately 3,040 feet upstream of the con- None +582 fluence with Weems Creek. Weems Creek Tributary 17 At the confluence with Weems Creek ...... None +527 Unincorporated Areas of Ander- son County. Approximately 2,270 feet upstream of the con- None +541 fluence with Weems Creek. West Beards Creek ...... At the Abbeville County boundary ...... None +506 Unincorporated Areas of Ander- son County. Approximately 1,400 feet upstream of Pine None +667 Ridge Road. West Prong Broad Mouth At the confluence with Broad Mouth Creek ...... None +742 Unincorporated Areas of Ander- Creek. son County. Approximately 40 feet upstream of State High- None +760 way 247. Whitner Creek ...... Approximately 70 feet upstream of Lee Street .... None +746 City of Anderson Approximately 100 feet upstream of Blair Street None +766 Wilson Creek ...... At the Abbeville County boundary ...... None +519 Unincorporated Areas of Ander- son County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29288 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

Approximately 230 feet upstream of Wesley None +775 Court. Wilson Creek Tributary 17 At the confluence with Wilson Creek ...... None +595 Unincorporated Areas of Ander- son County. Approximately 3,600 feet upstream of the con- None +614 fluence with Wilson Creek. Wilson Creek Tributary 21 At the confluence with Wilson Creek ...... None +628 Unincorporated Areas of Ander- son County. Approximately 1,650 feet upstream of 1st Ave- None +642 nue. Wilson Creek Tributary 22 At the confluence with Wilson Creek ...... None +637 Unincorporated Areas of Ander- son County. Approximately 640 feet upstream of 1st Avenue None +664 Wilson Creek Tributary 24 At the confluence with Wilson Creek ...... None +650 Unincorporated Areas of Ander- son County. Approximately 1,750 feet upstream of the con- None +718 fluence of Wilson Creek Tributary 24.5. Wilson Creek Tributary 31 At the confluence with Wilson Creek ...... None +689 Unincorporated Areas of Ander- son County. Approximately 1,800 feet upstream of Farmer None +727 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Anderson Maps are available for inspection at 401 South Main Street, Anderson, SC 29624. City of Belton Maps are available for inspection at 306 Anderson Street, Belton, SC 29627. Town of Honea Path Maps are available for inspection at 30 North Main Street, Honea Path, SC 29654. Town of Pelzer Maps are available for inspection at 103 Courtney Street, Pelzer, SC 29669. Town of Pendleton Maps are available for inspection at 301 Greenville Street, Pendleton, SC 29670. Town of Starr Maps are available for inspection at 7725 State Highway 81, Starr, SC 29684. Town of Williamston Maps are available for inspection at 12 West Main Street, Williamston, SC 29697. Unincorporated Areas of Anderson County Maps are available for inspection at 101 South Main Street, Anderson, SC 29622.

Taylor County, West Virginia, and Incorporated Areas

Booths Creek ...... Just downstream of the county boundary ...... None +959 Unincorporated Areas of Taylor County. At the confluence with Corbin Branch and Thom- None +1,000 as Fork. Corbin Branch ...... At the confluence with Booths Creek ...... None +1,000 Unincorporated Areas of Taylor County. Approximately 300 feet downstream of Nuzum None +1,082 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00074 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29289

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Communities Flooding source(s) Location of referenced elevation ground affected ∧ Elevation in meters (MSL) Effective Modified

∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Taylor County Maps are available for inspection at the Taylor County Courthouse, 214 West Main Street, Grafton, WV 26354.

Lincoln County, Wisconsin, and Incorporated Areas

Copper River ...... Approximately 0.8 mile upstream of the con- None +1,279 Unincorporated Areas of Lincoln fluence with the Wisconsin River. County. County Highway E ...... None +1,316 Prairie River ...... Approximately 0.3 mile downstream of Town Hall None +1,436 Unincorporated Areas of Lincoln Road. County. At State Highway 17 ...... None +1,476 Wisconsin River...... Approximately 0.4 mile upstream of the con- +1,229 +1,228 City of Merrill, Unincorporated fluence with the Pine River. Areas of Lincoln County. Approximately 990 feet downstream of South +1,243 +1,244 Center Avenue. Approximately 2.5 miles downstream of the +1,294 +1,293 Grandfather Dam. At the downstream side of the Grandfather Dam +1,308 +1,368 Approximately 0.7 mile upstream of County +1,402 +1,401 Highway E. At the downstream side of the Grandmother +1,410 +1,406 Dam. Approximately 0.9 mile upstream of the con- +1,423 +1,422 fluence with Little Pine Creek. Approximately 0.4 mile downstream of the +1,428 +1,429 Tomahawk Dam.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Merrill Maps are available for inspection at 1004 East 1st Street, Merrill, WI 54452. Unincorporated Areas of Lincoln County Maps are available for inspection at 804 North Sales Street, Merrill, WI 54452.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00075 Fmt 4702 Sfmt 9990 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29290 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

(Catalog of Federal Domestic Assistance No. DATES: Comments are to be submitted made final, and for the contents in those 97.022, ‘‘Flood Insurance.’’) on or before August 23, 2010. buildings. Dated: May 11, 2010. ADDRESSES: The corresponding Comments on any aspect of the Flood Sandra K. Knight, preliminary Flood Insurance Rate Map Insurance Study and FIRM, other than Deputy Federal Insurance and Mitigation (FIRM) for the proposed BFEs for each the proposed BFEs, will be considered. Administrator, Mitigation, Department of community is available for inspection at A letter acknowledging receipt of any Homeland Security, Federal Emergency the community’s map repository. The comments will not be sent. Management Agency. respective addresses are listed in the National Environmental Policy Act. [FR Doc. 2010–12491 Filed 5–24–10; 8:45 am] table below. This proposed rule is categorically BILLING CODE 9110–12–P You may submit comments, identified excluded from the requirements of 44 by Docket No. FEMA–B–1101, to Kevin CFR part 10, Environmental C. Long, Acting Chief, Engineering Consideration. An environmental DEPARTMENT OF HOMELAND Management Branch, Mitigation impact assessment has not been SECURITY Directorate, Federal Emergency prepared. Management Agency, 500 C Street, SW., Regulatory Flexibility Act. As flood Federal Emergency Management Washington, DC 20472, (202) 646–2820, elevation determinations are not within Agency or (e-mail) [email protected]. the scope of the Regulatory Flexibility FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory 44 CFR Part 67 Kevin C. Long, Acting Chief, flexibility analysis is not required. Engineering Management Branch, Executive Order 12866, Regulatory [Docket ID FEMA–2010–0003; Internal Mitigation Directorate, Federal Planning and Review. This proposed Agency Docket No. FEMA–B–1101] Emergency Management Agency, 500 C rule is not a significant regulatory action Street, SW., Washington, DC 20472, under the criteria of section 3(f) of Proposed Flood Elevation (202) 646–2820, or (e-mail) Executive Order 12866, as amended. Determinations [email protected]. Executive Order 13132, Federalism. This proposed rule involves no policies AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: The Management Agency, DHS. Federal Emergency Management Agency that have federalism implications under Executive Order 13132. ACTION: Proposed rule. (FEMA) proposes to make determinations of BFEs and modified Executive Order 12988, Civil Justice SUMMARY: Comments are requested on BFEs for each community listed below, Reform. This proposed rule meets the the proposed Base (1% annual-chance) in accordance with section 110 of the applicable standards of Executive Order Flood Elevations (BFEs) and proposed Flood Disaster Protection Act of 1973, 12988. BFE modifications for the communities 42 U.S.C. 4104, and 44 CFR 67.4(a). List of Subjects in 44 CFR Part 67 listed in the table below. The purpose These proposed BFEs and modified of this notice is to seek general BFEs, together with the floodplain Administrative practice and information and comment regarding the management criteria required by 44 CFR procedure, Flood insurance, Reporting proposed regulatory flood elevations for 60.3, are the minimum that are required. and recordkeeping requirements. the reach described by the downstream They should not be construed to mean Accordingly, 44 CFR part 67 is and upstream locations in the table that the community must change any proposed to be amended as follows: below. The BFEs and modified BFEs are existing ordinances that are more a part of the floodplain management stringent in their floodplain PART 67—[AMENDED] measures that the community is management requirements. The 1. The authority citation for part 67 required either to adopt or to show community may at any time enact continues to read as follows: evidence of having in effect in order to stricter requirements of its own or Authority: 42 U.S.C. 4001 et seq.; qualify or remain qualified for pursuant to policies established by other Reorganization Plan No. 3 of 1978, 3 CFR, participation in the National Flood Federal, State, or regional entities. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Program (NFIP). In addition, These proposed elevations are used to 3 CFR, 1979 Comp., p. 376. these elevations, once finalized, will be meet the floodplain management used by insurance agents and others to requirements of the NFIP and also are § 67.4 [Amended] calculate appropriate flood insurance used to calculate the appropriate flood 2. The tables published under the premium rates for new buildings and insurance premium rates for new authority of § 67.4 are proposed to be the contents in those buildings. buildings built after these elevations are amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location ** ground ∧ Elevation in meters (MSL) Existing Modified

Town of Lincoln, New Hampshire

New Hampshire ..... Town of Lincoln ..... East Branch Approximately 1,800 feet downstream of None * 781 Pemigewasset River. the Richard Cooper Memorial Bridge.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00076 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29291

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location ** ground ∧ Elevation in meters (MSL) Existing Modified

Approximately 375 feet south of the inter- None * 831 section of Lodge Road and Main Street/State Highway 112.

National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Lincoln Maps are available for inspection at the Town Hall, 148 Main Street, Lincoln, NH 03251.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Coles County, Illinois, and Incorporated Areas

Cassell Creek ...... Approximately 1,650 feet upstream of the confluence None +613 City of Charleston. with Town Branch Creek. Approximately at the upstream side of the railroad None +619 (removed). Town Branch Creek ...... Approximately 0.19 mile downstream of the railroad ... None +616 City of Charleston. Approximately 0.08 mile downstream of the railroad ... None +617

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Charleston Maps are available for inspection at City Hall, 520 Jackson Avenue, Charleston, IL 61920.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Moultrie County, Illinois, and Incorporated Areas

Dalton City Drain ...... At the confluence with Marrowbone Creek ...... None +672 Unincorporated Areas of Moultrie County. At State Route 128 ...... None +687 Lowe No. 2 ...... Approximately 1,100 feet downstream of Vine Street None +656 Unincorporated Areas of Moultrie County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00077 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29292 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 540 feet upstream of Progress Street .. None +662

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Moultrie County Maps are available for inspection at the County Courthouse, Planning and Zoning Department, 10 South Main Street, Suite 1, Sullivan, IL 61951.

Madison County, Kentucky, and Incorporated Areas

Brushy Fork ...... At the confluence with Silver Creek ...... None +922 City of Berea, Unincor- porated Areas of Madi- son County. Approximately 305 feet upstream of Mt. Vernon Road None +976 Calloway Creek (Backwater From the confluence with the Kentucky River to ap- None +590 Unincorporated Areas of effects from Kentucky proximately 3,680 feet upstream of the confluence Madison County. River). with the Kentucky River. Clear Creek 1 (Backwater ef- From the confluence with Muddy Creek to approxi- None +600 Unincorporated Areas of fects from Kentucky River). mately 635 feet upstream of Doylesville Road. Madison County. Dreaming Creek Tributary .... At the confluence with Dreaming Creek ...... None +837 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 0.7 mile upstream of Old Wilderness None +917 Trail. Drowning Creek (Backwater From the confluence with the Kentucky River to ap- None +620 Unincorporated Areas of effects from Kentucky proximately 845 feet upstream of the confluence Madison County. River). with Drowning Creek Tributary 3. Drowning Creek Tributary 3 From the confluence with Drowning Creek to approxi- None +620 Unincorporated Areas of (Backwater effects from mately 1,245 feet upstream of the confluence with Madison County. Kentucky River). Drowning Creek. East Fork Silver Creek From the confluence with Silver Creek to approxi- None +843 City of Berea, Unincor- (Backwater effects from mately 80 feet upstream of Gabbard Town Road. porated Areas of Madi- Silver Creek). son County. Falling Branch (Backwater ef- From the confluence with the Kentucky River to ap- None +619 Unincorporated Areas of fects from Kentucky River). proximately 0.5 mile upstream of the confluence Madison County. with the Kentucky River. Flint Creek (Backwater ef- From the confluence with the Kentucky River to ap- None +615 Unincorporated Areas of fects from Kentucky River). proximately 0.5 mile upstream of the confluence Madison County. with the Kentucky River. Hines Creek (Backwater ef- From the confluence with the Kentucky River to ap- None +586 Unincorporated Areas of fects from Kentucky River). proximately 2,284 feet upstream of the confluence Madison County. with the Kentucky River. Jacks Creek (Backwater ef- From the confluence with the Kentucky River to ap- None +585 Unincorporated Areas of fects from Kentucky River). proximately 2,120 feet upstream of the confluence Madison County. with the Kentucky River. Kentucky River ...... At the confluence with Paint Lick Creek ...... +572 +573 Unincorporated Areas of Madison County. At the confluence with Drowning Creek ...... None +620 Kentucky River Tributary 3 From the confluence with the Kentucky River to ap- None +618 Unincorporated Areas of (Backwater effects from proximately 0.8 mile upstream of the confluence Madison County. Kentucky River). with the Kentucky River. Muddy Creek (Backwater ef- From the confluence with the Kentucky River to ap- None +600 Unincorporated Areas of fects from Kentucky River). proximately 0.6 mile upstream of Doylesville Road. Madison County. Old Town Branch (Backwater From the confluence with Taylor Fork to approxi- None +829 Unincorporated Areas of effects from Taylor Fork). mately 1,950 feet upstream of the confluence with Madison County. Taylor Fork. Otter Creek ...... Approximately 0.7 mile downstream of Four Mile None +800 City of Richmond, Unincor- Road. porated Areas of Madi- son County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00078 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29293

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Just upstream of Catalpa Loop ...... None +843 Otter Creek (Backwater ef- From the confluence with the Kentucky River to ap- None +594 Unincorporated Areas of fects from Kentucky River). proximately 680 feet upstream of Boonesborough Madison County. Road. Otter Creek Tributary 1 ...... At the confluence with Otter Creek ...... None +843 City of Richmond, Unincor- porated Areas of Madi- son County. Just downstream of Big Hill Avenue ...... None +890 Otter Creek Tributary 2 ...... At the confluence with Otter Creek ...... None +814 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 755 feet upstream of Douglas Court .... None +895 Paint Lick Creek (Backwater From the confluence with the Kentucky River to ap- None +573 Unincorporated Areas of effects from Kentucky proximately 1,135 feet downstream of the con- Madison County. River). fluence with Sledd Branch. Rocky Lick Branch (Back- From the confluence with Muddy Creek to approxi- None +600 Unincorporated Areas of water effects from Ken- mately 430 feet downstream of Walker Parke Road. Madison County. tucky River). Silver Creek ...... Just downstream of Richmond Road North ...... None +904 City of Berea, Unincor- porated Areas of Madi- son County. Approximately 525 feet upstream of KY–21 ...... None +944 Silver Creek (Backwater ef- From the confluence with the Kentucky River to ap- None +576 Unincorporated Areas of fects from Kentucky River). proximately 813 feet upstream of the confluence Madison County. with Jackson Branch. Stony Fork (Backwater ef- From the confluence with the Kentucky River to ap- None +577 Unincorporated Areas of fects from Kentucky River). proximately 858 feet upstream of Whitlock Road. Madison County. Tate Creek (Backwater ef- From the confluence with the Kentucky River to just +582 +583 City of Richmond, Unincor- fects from Kentucky River). upstream of Tates Creek Road. porated Areas of Madi- son County. Taylor Fork ...... Approximately 0.5 mile upstream of Curtis Pike ...... None +829 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 0.7 mile upstream of the confluence None +970 with Taylor Fork Tributary 1. Taylor Fork Tributary 1 ...... At the confluence with Taylor Fork ...... None +930 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 0.5 mile upstream of the confluence None +978 with Taylor Fork. Taylor Fork Tributary 2 ...... At the confluence with Taylor Fork ...... None +884 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 100 feet downstream of Vickers Drive None +958 Taylor Fork Tributary 2A ...... At the confluence with Taylor Fork Tributary 2 ...... None +897 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 1,775 feet upstream of the confluence None +929 with Taylor Fork Tributary 2. Taylor Fork Tributary 3 ...... At the confluence with Taylor Fork ...... None +878 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 0.5 mile upstream of the confluence None +931 with Taylor Fork. Taylor Fork Tributary 4 ...... At the confluence with Taylor Fork ...... None +874 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 0.4 mile upstream of the confluence None +928 with Taylor Fork. Taylor Fork Tributary 5 ...... At the confluence with Taylor Fork ...... None +865 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 200 feet upstream of Alycia Drive ...... None +916 Taylor Fork Tributary 6 ...... At the confluence with Taylor Fork ...... None +834 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 850 feet upstream of Idylwild Court ..... None +944

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00079 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29294 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Taylor Fork Tributary 7 ...... At the confluence with Taylor Fork ...... None +829 City of Richmond, Unincor- porated Areas of Madi- son County. Approximately 1,855 feet upstream of the confluence None +843 with Taylor Fork. Terrill Branch (Backwater ef- From the confluence with Silver Creek to approxi- None +911 City of Berea, Unincor- fects from Silver Creek). mately 0.4 mile upstream of the confluence with Sil- porated Areas of Madi- ver Creek. son County. Upper Tate Creek ...... Approximately 310 feet downstream of Finney Fork None +784 City of Richmond, Unincor- Road. porated Areas of Madi- son County. Approximately 945 feet upstream of Stocker Drive ..... None +928 Walnut Meadow Branch ...... Approximately 460 feet downstream of Guynn Road .. None +893 City of Berea, Unincor- porated Areas of Madi- son County. Approximately 640 feet upstream of Ginger Drive ...... None +935

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Berea Maps are available for inspection at 212 Chestnut Street, Berea, KY 40403. City of Richmond Maps are available for inspection at 239 West Main Street, Richmond, KY 40475. Unincorporated Areas of Madison County Maps are available for inspection at 101 West Main Street, Richmond, KY 40475.

Anne Arundel County, Maryland, and Incorporated Areas

Cabin Branch ...... Approximately 0.51 mile downstream of I–95 ...... +115 +116 Unincorporated Areas of Anne Arundel County. Approximately 325 feet upstream of Andover Road .... +115 +118 Franklin Branch ...... At the confluence with Midway Branch ...... None +117 Unincorporated Areas of Anne Arundel County. Approximately 780 feet upstream of Clark Road ...... None +214 Little Patuxent River ...... Approximately 600 feet upstream of the confluence +43 +46 Unincorporated Areas of with the Patuxent River. Anne Arundel County. Approximately 270 feet downstream of Brock Bridge +130 +131 Road. Marley Creek ...... Approximately 900 feet downstream of Ritchie High- +8 +9 Unincorporated Areas of way. Anne Arundel County. Approximately 0.20 mile upstream of Nolberry Drive .. None +51 Midway Branch ...... At the confluence with the Little Patuxent River ...... +76 +77 Unincorporated Areas of Anne Arundel County. Approximately 0.59 mile upstream of Clark Road ...... None +211 Patapsco River ...... Approximately 0.77 mile downstream of the Harbor +9 +12 Unincorporated Areas of Tunnel Thruway. Anne Arundel County. Approximately 0.57 mile upstream of Laurel Fort +139 +140 Meade Road. Patuxent River ...... Approximately 2.52 miles downstream of Queen Anne +20 +21 Unincorporated Areas of Bridge Road. Anne Arundel County. Approximately 0.57 mile upstream of Laurel Fort +139 +140 Meade Road. Sawmill Creek ...... At the upstream side of Crain Highway ...... +11 +10 Unincorporated Areas of Anne Arundel County. Approximately 400 feet upstream of Washington Balti- None +105 more and Annapolis Road. Severn Run...... Approximately 0.23 mile downstream of Veterans +6 +8 Unincorporated Areas of Highway. Anne Arundel County.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00080 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29295

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Flooding source(s) Location of referenced elevation ∧ Elevation in meters Communities affected (MSL) Effective Modified

Approximately 0.57 mile upstream of Disney Road ..... None +166

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Anne Arundel County Maps are available for inspection at the County Courthouse, 2604 Riva Road, Annapolis, MD 21404.

Calvert County, Maryland, and Incorporated Areas

Hall Creek ...... At the confluence with the Patuxent River ...... +7 +9 Unincorporated Areas of Calvert County. Approximately 0.52 mile downstream of Southern +9 +11 Maryland Boulevard.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Calvert County Maps are available for inspection at the County Courthouse, 175 Main Street, Prince Frederick, MD 20678.

Benton County, Oregon, and Incorporated Areas

Willamette River ...... Approximately 400 feet upstream of Reiling Lane near None +282 City of Monroe. the Long Tom River. Approximately 0.43 mile upstream of Reiling Lane None +282 near the Long Tom River.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Monroe Maps are available for inspection at 664 Commercial Street, Monroe, OR 97456.

VerDate Mar<15>2010 19:46 May 24, 2010 Jkt 220001 PO 00000 Frm 00081 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29296 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

(Catalog of Federal Domestic Assistance No. DATES: Comments are to be submitted made final, and for the contents in those 97.022, ‘‘Flood Insurance.’’) on or before August 23, 2010. buildings. Dated: May 11, 2010. ADDRESSES: The corresponding Comments on any aspect of the Flood Sandra K. Knight, preliminary Flood Insurance Rate Map Insurance Study and FIRM, other than Deputy Federal Insurance and Mitigation (FIRM) for the proposed BFEs for each the proposed BFEs, will be considered. Administrator, Mitigation, Department of community is available for inspection at A letter acknowledging receipt of any Homeland Security, Federal Emergency the community’s map repository. The comments will not be sent. Management Agency. respective addresses are listed in the National Environmental Policy Act. [FR Doc. 2010–12492 Filed 5–24–10; 8:45 am] table below. This proposed rule is categorically BILLING CODE 9110–12–P You may submit comments, identified excluded from the requirements of 44 by Docket No. FEMA–B–1122, to Kevin CFR part 10, Environmental C. Long, Acting Chief, Engineering Consideration. An environmental DEPARTMENT OF HOMELAND Management Branch, Mitigation impact assessment has not been SECURITY Directorate, Federal Emergency prepared. Management Agency, 500 C Street, SW., Regulatory Flexibility Act. As flood Federal Emergency Management Washington, DC 20472, (202) 646–2820, elevation determinations are not within Agency or (e-mail) [email protected]. the scope of the Regulatory Flexibility FOR FURTHER INFORMATION CONTACT: Act, 5 U.S.C. 601–612, a regulatory 44 CFR Part 67 Kevin C. Long, Acting Chief, flexibility analysis is not required. Engineering Management Branch, Executive Order 12866, Regulatory [Docket ID FEMA–2010–0003; Internal Mitigation Directorate, Federal Planning and Review. This proposed Agency Docket No. FEMA–B–1122] Emergency Management Agency, 500 C rule is not a significant regulatory action Street, SW., Washington, DC 20472, under the criteria of section 3(f) of Proposed Flood Elevation (202) 646–2820, or (e-mail) Executive Order 12866, as amended. Determinations [email protected]. Executive Order 13132, Federalism. This proposed rule involves no policies AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: The Management Agency, DHS. Federal Emergency Management Agency that have federalism implications under Executive Order 13132. ACTION: Proposed rule. (FEMA) proposes to make determinations of BFEs and modified Executive Order 12988, Civil Justice SUMMARY: Comments are requested on BFEs for each community listed below, Reform. This proposed rule meets the the proposed Base (1% annual-chance) in accordance with section 110 of the applicable standards of Executive Order Flood Elevations (BFEs) and proposed Flood Disaster Protection Act of 1973, 12988. BFE modifications for the communities 42 U.S.C. 4104, and 44 CFR 67.4(a). List of Subjects in 44 CFR Part 67 listed in the table below. The purpose These proposed BFEs and modified of this notice is to seek general BFEs, together with the floodplain Administrative practice and information and comment regarding the management criteria required by 44 CFR procedure, Flood insurance, Reporting proposed regulatory flood elevations for 60.3, are the minimum that are required. and recordkeeping requirements. the reach described by the downstream They should not be construed to mean Accordingly, 44 CFR part 67 is and upstream locations in the table that the community must change any proposed to be amended as follows: below. The BFEs and modified BFEs are existing ordinances that are more a part of the floodplain management stringent in their floodplain PART 67—[AMENDED] measures that the community is management requirements. The 1. The authority citation for part 67 required either to adopt or to show community may at any time enact continues to read as follows: evidence of having in effect in order to stricter requirements of its own or Authority: 42 U.S.C. 4001 et seq.; qualify or remain qualified for pursuant to policies established by other Reorganization Plan No. 3 of 1978, 3 CFR, participation in the National Flood Federal, State, or regional entities. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Program (NFIP). In addition, These proposed elevations are used to 3 CFR, 1979 Comp., p. 376. these elevations, once finalized, will be meet the floodplain management used by insurance agents and others to requirements of the NFIP and also are § 67.4 [Amended] calculate appropriate flood insurance used to calculate the appropriate flood 2. The tables published under the premium rates for new buildings and insurance premium rates for new authority of § 67.4 are proposed to be the contents in those buildings. buildings built after these elevations are amended as follows:

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00082 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29297

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

Fairbanks-North Star Borough, Alaska, and Incorporated Areas

Groundwater seepage from An area north of the Tanana River levee and south of +431 +432 Fairbanks-North Star Bor- Tanana River and Chena Mitchell Expressway from a point approximately 1,900 ough. River. feet southwest of the intersection of Airport Dike Road and Airport Perimeter Road to the intersection of Air- port Way and Mitchell Expressway. An area just north of and adjacent to Mitchell Express- None +432–434 way from the intersection of Peger Road and Mitchell Expressway to the east to approximately 930 feet southeast of the intersection of Old Airport Road and Mitchell Expressway to the west. An area north of the Tanana River levee and south of None +446 Mitchell Expressway from the intersection of Old Rich- ardson Highway and Richardson Highway to a point approximately 1,800 feet south of the intersection of Lake View Terrace Road and Frontier Avenue. An area bound by Peger Road to the west, Eagan Ave- None +433–437 nue to the north, Lathrop Street to the east, and Mitch- ell Expressway to the south.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Fairbanks-North Star Borough Maps are available for inspection at the Borough Administrative Center, 809 Pioneer Road, Fairbanks, AK 99701.

Fayette County, Iowa, and Incorporated Areas

Otter Creek (City of Elgin) .... Approximately 1,550 feet upstream of the bridge at None +804 Unincorporated Areas of Cedar Road. Fayette County. Approximately 80 feet downstream of the bridge at Mill None +831 Street. Otter Creek (City of Oelwein) Approximately 460 feet upstream of West Charles Street None +1004 Unincorporated Areas of Fayette County. City of Oelwein/Fayette County (unincorporated areas) None +1019 corporate limit approximately 1.4 mile upstream of Lake Oelwein Dam. Turkey River ...... Approximately 0.3 mile downstream of the Center Street None +802 Unincorporated Areas of Bridge. Fayette County. Approximately 1.6 mile upstream of the Center Street None +809 Bridge.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Fayette County Maps are available for inspection at the Fayette County Courthouse, 114 North Vine Street, West Union, IA 52175.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00083 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29298 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

Henry County, Illinois, and Incorporated Areas

Geneseo Creek ...... Approximately 0.13 mile downstream of Elk Street ...... None +615 City of Geneseo, Unincor- porated Areas of Henry County. Approximately 0.59 mile upstream of I–80 ...... None +642 Rock River ...... Approximately 0.75 mile downstream of Hurd Road (in +583 +584 Unincorporated Areas of Whiteside County). Henry County. Approximately 2.5 miles upstream of Hurd Road (in +583 +585 Whiteside County). Rock River ...... Approximately 1.04 mile upstream of I–80 ...... +578 +577 Village of Cleveland. Approximately 1.63 mile upstream of I–80 ...... +579 +578

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Geneseo Maps are available for inspection at City Hall, 101 South State Street, Geneseo, IL 61254. Unincorporated Areas of Henry County Maps are available for inspection at the Henry County Courthouse, 307 West Center Street, Cambridge, IL 61238. Village of Cleveland Maps are available for inspection at the Village Hall, 408 Jackson Street, Cleveland, IL 61241.

Jessamine County, Kentucky, and Incorporated Areas

East Hickman Creek Tribu- From the confluence with East Hickman Creek to ap- None +872 Unincorporated Areas of tary 1 (Backwater effects proximately 580 feet upstream of the confluence with Jessamine County. from East Hickman Creek). East Hickman Creek. Hickman Creek (Backwater From the confluence with the Kentucky River to approxi- None +566 Unincorporated Areas of effects from Kentucky mately 1.9 mile upstream of the confluence with the Jessamine County. River). Kentucky River. Jessamine Creek (Backwater From the confluence with the Kentucky River to approxi- None +559 Unincorporated Areas of effects from Kentucky mately 0.9 mile upstream of the confluence with Jessa- Jessamine County. River). mine Creek Tributary 9. Jessamine Creek Tributary 9 From the confluence with Jessamine Creek to approxi- None +559 Unincorporated Areas of (Backwater effects from mately 785 feet upstream of the confluence with Jes- Jessamine County. Kentucky River). samine Creek. Kentucky River ...... Approximately 1,770 feet downstream of the confluence +545 +548 Unincorporated Areas of with Kentucky River Tributary 4. Jessamine County. Approximately 2 miles upstream of the confluence with +581 +582 Marble Creek. Kentucky River Tributary 2 From the confluence with the Kentucky River to approxi- None +573 Unincorporated Areas of (Backwater effects from mately 1,445 feet upstream of River Road (KY–1541). Jessamine County. Kentucky River). Kentucky River Tributary 4 From the confluence with the Kentucky River to approxi- +545 +548 Unincorporated Areas of (Backwater effects from mately 0.4 mile upstream of the confluence with the Jessamine County. Kentucky River). Kentucky River. Kentucky River Tributary 33 From the confluence with the Kentucky River to approxi- None +569 Unincorporated Areas of (Backwater effects from mately 1,900 feet upstream of the confluence with the Jessamine County. Kentucky River). Kentucky River. Kentucky River Tributary 83 From the confluence with the Kentucky River to approxi- None +576 Unincorporated Areas of (Backwater effects from mately 1,320 feet upstream of the confluence with the Jessamine County. Kentucky River). Kentucky River. Left Branch Tributary to At the confluence with Tributary to Town Fork ...... None +922 Unincorporated Areas of Town Fork. Jessamine County, City of Nicholasville. Approximately 385 feet upstream of the confluence with None +923 Tributary to Town Fork.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00084 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29299

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

Little Hickman Creek (Back- From the confluence with the Kentucky River to approxi- None +566 Unincorporated Areas of water effects from Ken- mately 0.7 mile upstream of the confluence with the Jessamine County. tucky River). Kentucky River. Marble Creek (Backwater ef- From the confluence with the Kentucky River to approxi- None +580 Unincorporated Areas of fects from Kentucky River). mately 0.5 mile upstream of the confluence with the Jessamine County. Kentucky River. Tributary to Town Fork ...... At the confluence with Town Fork ...... None +914 City of Nicholasville, Unin- corporated Areas of Jes- samine County. Approximately 1,080 feet upstream of Miles Road ...... None +927 West Hickman Creek Tribu- From the confluence with West Hickman Creek to ap- None +884 Unincorporated Areas of tary 1 (Backwater effects proximately 90 feet upstream of West Hickman Plant Jessamine County. from West Hickman Creek). Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Nicholasville Maps are available for inspection at 517 North Main Street, Nicholasville, KY 40340. Unincorporated Areas of Jessamine County Maps are available for inspection at City Hall, 517 North Main Street, Nicholasville, KY 40356.

Ingham County, Michigan, and Incorporated Areas

Deer Creek ...... At CSX Railway ...... None +864 City of Williamston, Town- ship of Wheatfield. Approximately 0.4 mile upstream of Wallace Street ...... None +864 Moon and Hamilton County At Detention Area F Control Structure ...... *860 +861 City of Lansing. Drain. At I–96/69 ...... *868 +863 Red Cedar River ...... Approximately 1.4 mile upstream of the upstream cross- None +868 City of Williamston, Town- ing at North Putnam Street. ship of Leroy, Township of Locke, Township of Wheatfield, Township of Williamstown, Village of Webberville. At Grammer Road North ...... None +875 Remey Chandler Drain/ Approximately 0.7 mile downstream of West Lake Lan- None +844 City of East Lansing, Char- Sanderson Drain. sing Road. ter Township of Meridian. At West Lake Lansing Road ...... None +844 Willow Creek ...... Approximately 1,250 feet upstream of U.S. Route 127 .... None +893 Township of Vevay. Approximately 0.58 mile upstream of U.S. Route 127 ...... None +893

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Charter Township of Meridian Maps are available for inspection at Meridian Township Hall, 5151 Marsh Road, Okemos, MI 48864. City of East Lansing Maps are available for inspection at City Hall, 410 Abbott Road, East Lansing, MI 48823.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00085 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29300 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

City of Lansing Maps are available for inspection at City Hall, 124 West Michigan Avenue, Lansing, MI 48933. City of Williamston Maps are available for inspection at City Hall, 161 East Grand River Avenue, Williamston, MI 48895. Township of Leroy Maps are available for inspection at Leroy Township Hall, 315 West Walnut Street, Webberville, MI 48892. Township of Locke Maps are available for inspection at Locke Township Hall, 3805 Bell Oak Road, Williamston, MI 48895. Township of Vevay Maps are available for inspection at Vevay Township Hall, 780 South Eden Road, Mason, MI 48854. Township of Wheatfield Maps are available for inspection at Wheatfield Township Hall, 985 East Hold Road, Williamston, MI 48895. Township of Williamstown Maps are available for inspection at the Township Hall, 4990 North Zimmer Road, Williamston, MI 48895. Village of Webberville Maps are available for inspection at the Village Hall, 115 South Main Street, Webberville, MN 48892.

Attala County, Mississippi, and Incorporated Areas

Canal Creek ...... Approximately 700 feet downstream of Jefferson Street .. +403 +404 City of Kosciusko. Approximately 500 feet downstream of Veterans Memo- +409 +411 rial Highway.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Kosciusko Maps are available for inspection at 222 East Washington Street, Kosciusko, MS 39090.

Wood County, Ohio, and Incorporated Areas

Crane Creek ...... Approximately 0.5 mile downstream of State Highway 51 None +609 Unincorporated Areas of Wood County. At State Highway 51 ...... None +609 Maumee River ...... At the Wood/Lucas county boundary ...... +577 +579 City of Rossford, Village of Grand Rapids. At the Wood/Henry county boundary ...... None +649 North Branch Portage River Approximately 1,000 feet downstream of Highway 6 ...... None +668 City of Bowling Green, Unin- corporated Areas of Wood County. Approximately 1,650 feet upstream of State Highway 25 None +678 Rocky Ford Creek Tributary Approximately 130 feet downstream of North Baltimore None +725 Village of North Baltimore. Road. Approximately 400 feet upstream of North Baltimore None +726 Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00086 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules 29301

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

ADDRESSES City of Bowling Green Maps are available for inspection at City Hall, 304 North Church Street, Bowling Green, OH 43402. City of Rossford Maps are available for inspection at City Hall, 133 Osborn Street, Rossford, OH 43460. Unincorporated Areas of Wood County Maps are available for inspection at the Wood County Office Building, 1 Courthouse Square, Bowling Green, OH 43402. Village of Grand Rapids Maps are available for inspection at the Village Hall, 17460 Sycamore Road, Grand Rapids, OH 43522. Village of North Baltimore Maps are available for inspection at the Village Hall, 205 North Main Street, North Baltimore, OH 45872.

Dillon County, South Carolina, and Incorporated Areas

Bear Swamp Creek ...... Just upstream of West 5th Avenue ...... None +81 Town of Lake View. Approximately 900 feet upstream of Cedar Street ...... None +92 Little Pee Dee River...... Approximately 1,200 feet upstream of the confluence None +85 Unincorporated Areas of Dil- with Maple Swamp. lon County. Approximately 1,600 feet upstream of State Route 9 ...... None +87 Maple Swamp ...... At the confluence with the Little Pee Dee River ...... None +85 Town of Dillon, Unincor- porated Areas of Dillon County. Approximately 200 feet upstream of the railroad ...... None +104 Maple Swamp Tributary 5 ..... At the confluence with Maple Swamp ...... None +106 Town of Dillon, Unincor- porated Areas of Dillon County. Approximately 1,400 feet upstream of Longstreet Road ... None +113 Reedy Creek Tributary 1 ...... Approximately 3,000 feet downstream of Academy Street None +88 Town of Latta, Unincor- porated Areas of Dillon County. Just upstream of the railroad ...... None +103 Reedy Creek Tributary 2 ...... Approximately 2,000 feet downstream of West Academy None +93 Town of Latta, Unincor- Street. porated Areas of Dillon County. Approximately 600 feet upstream of Manning View Road None +102

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Dillon County Maps are available for inspection at 109 South 3rd Street, Dillon, SC 29536. Town of Dillon Maps are available for inspection at 401 West Main Street, Dillon, SC 29536. Town of Lake View Maps are available for inspection at 205 North Main Street, Lake View, SC 29563. Town of Latta Maps are available for inspection at 107 Northwest Railroad Avenue, Latta, SC 29565.

Jones County, Texas, and Incorporated Areas

Lake Fort Phantom Hill ...... Just downstream of County Highway 1082 ...... +1,641 +1,642 City of Abilene, Unincor- porated Areas of Jones County. Approximately 300 feet downstream of County Road 341 None +1,656

* National Geodetic Vertical Datum. + North American Vertical Datum.

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00087 Fmt 4702 Sfmt 4702 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29302 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Proposed Rules

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

# Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Abilene Maps are available for inspection at City Hall, 555 Walnut Street, Abilene, TX 79601. Unincorporated Areas of Jones County Maps are available for inspection at the Jones County Courthouse, 1100 12th Street, Anson, TX 79501.

(Catalog of Federal Domestic Assistance No. Dated: May 11, 2010. 97.022, ‘‘Flood Insurance.’’) Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–12493 Filed 5–24–10; 8:45 am] BILLING CODE 9110–12–P

VerDate Mar<15>2010 17:54 May 24, 2010 Jkt 220001 PO 00000 Frm 00088 Fmt 4702 Sfmt 9990 E:\FR\FM\25MYP1.SGM 25MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS 29303

Notices Federal Register Vol. 75, No. 100

Tuesday, May 25, 2010

This section of the FEDERAL REGISTER of Public Law 320. The USDA Food name, position, e-mail address, contains documents other than rules or Connect Web site supports the U.S. telephone number, company name, proposed rules that are applicable to the Department of Agriculture, Agricultural address, country, and whether they are public. Notices of hearings and investigations, Marketing Service’s mission of a national or regional processor. committee meetings, agency decisions and facilitating the efficient, fair marketing Distributors who choose to register on rulings, delegations of authority, filing of petitions and applications and agency of U.S. agricultural products. the USDA Food Connect Web site statements of organization and functions are Registering to participate on or use the provide the following information: The examples of documents appearing in this USDA Food Connect Web site is registrant’s name, position, e-mail section. voluntary. address, telephone number, company The USDA Food Connect Web site name, address, country, and whether provides a Web-based resource where they are a national or regional DEPARTMENT OF AGRICULTURE food processors and distributors register distributor. Brokers who choose to their nutritious, value-added foods for register on the USDA Food Connect Agricultural Marketing Service institutional food service professionals Web site provide the following [Doc. No. AMS–FV–10–0026, FV–10–329] to choose from, for the products they information: The registrant’s name, require through a neutral venue. Brokers position, e-mail address, telephone Notice of Request for Extension of a can also list the food processors and number, brokerage company name, Currently Approved Information regions they represent on the Web site address, country, and the States they Collection along with food associations’ serve. Food related associations who information on their educational choose to register on the USDA Food AGENCY: Agricultural Marketing Service, resources. Connect Web site provide the following USDA. The National School Lunch Program information: The association name, ACTION: Notice and request for is a Federally assisted meal program address, city, State, zip code, country, e- comments. operating in over 100,000 public and mail address, telephone number, and a non-profit private schools and description of association services. SUMMARY: In accordance with the residential childcare institutions. It Information provided by institutional Paperwork Reduction Act of 1995 (44 provides nutritionally balanced, low- food service professionals assists U.S.C. Chapter 35), this notice cost or free lunches to more than 30.5 processors, distributors, and brokers to announces that the Agricultural million children each school day. In view meal-serving information of a Marketing Service (AMS) is requesting 1998, Congress expanded the National school or organization. Processor and approval from the Office of Management School Lunch Program to include distributor food product and contact and Budget for extension of the reimbursement for snacks served to information are available to the information collection: USDA Food children in after-school educational and institutional food service professionals Connect Web site. enrichment programs, to include to assist them in locating processors and DATES: Comments received by July 26, children through 18 years of age. The distributors that handle the food 2010 will be considered. USDA Food Connect Web site was products that they want to use. The Additional Information or Comments: developed to assist schools and other information provided by brokers enables Contact Lynne E. Yedinak, Business feeding programs, such as those serving institutional food service professionals Development and Quality Assurance Native American facilities, health care to know which manufacturers the Section, Processed Products Branch, facilities, prisons, and needy families, to broker represents, which States the Fruit and Vegetable Programs, find the most nutritious, value-added broker serves, and contacts at the Agricultural Marketing Service, U.S. foods purchased by the Federal brokerage firm. All registrants on the Department of Agriculture, STOP 0247, Government. USDA Food Connect Web site will be 1400 Independence Avenue, SW., Institutional food service re-directed to the USDA Washington, DC 20250–0247, telephone: professionals (public and private eAuthentication Web site to register (202) 720–9939 and Fax: (202) 690– schools, the military, Veterans their Level 1 Access (OMB No. 0503– 1527; or Internet: http:// Administration facilities, Native 0014). Each new user must create their www.regulations.gov. American facilities, health care own login ID and password, to meet the SUPPLEMENTARY INFORMATION: facilities, colleges and universities, eAuthentication requirements. Title: USDA Food Connect Web site. prisons, child care facilities and The USDA Food Connect Web site has OMB Number: 0581–0224. facilities for needy families) who choose not had any changes since this Expiration Date of Approval: to register on the USDA Food Connect information collection was approved December 30, 2010. Web site provide the following December 30, 2007. Prior to launching Type of Request: Extension of a information: The registrant’s name, the USDA Food Connect Web site in Currently Approved Information position, e-mail address, telephone 2004, the food manufacturers requested Collection. number, school/organization name, and changes to streamline the data entry Abstract: The information collection address. Processors who choose to process. These changes were made and requirements in this request are register on the USDA Food Connect the Web site was redeployed October necessary for the operation of the U.S. Web site provide the following 2006. The changes to the Web site Department of Agriculture (USDA) Food information: Confirmation that the provide processors and distributors with Connect Web site, which operates company is eligible to participate in three methods to load product data to pursuant to the authority of Section 32 Federal procurement, the registrant’s the USDA Food Connect Web site. Since

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29304 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

deploying the Web site October 2006, prisons, child care facilities and completes this submission once for each the new methods for entering date has facilities for needy families). product they register. dramatically reduced the actual number Estimated Number of Respondents: Estimated Total Annual Burden on of responses and burden hours: Total 188. Respondents: 5 hours. actual responses reduced from an Estimated Number of Responses: 188. (5) Processors Add a New Product estimate of 1,845 to 374; total burden Estimated Number of Responses per registration submission (AFS estimated hours from 292 hours to 53 Respondent: Respondents only Technologies, Inc.). Processors use this hours annually. Processors and complete the registration once. registration submission to register their distributors may continue to enter Estimated Total Annual Burden on products manufactured from USDA products one product at a time, but now Respondents: 21 hours. supplied commodities and their have the opportunity to download their (2) Processors registration submission. commercial food products, on the USDA product information from existing Processors use this registration Food Connect Web site using this product databases and use a template submission to register their companies method. Processors may include which they complete and download to on the USDA Food Connect Web site. additional product information Estimate of Burden: Public reporting the USDA Food Connect Web site. including but not limited to: Estimating Burden: The estimated burden for this collection of information Ingredients, product description, total burden for revision of a currently is estimated to average 9 minutes per preparation and cooking instructions, approved information collection for the response. nutrients, packaging data, and product Respondents: Processors. fact sheet link. USDA Food Connect Web site once Estimated Number of Respondents: USDA eAuthentication Web site Estimate of Burden: Public reporting 37. burden for this collection of information registration is completed is as follows: Estimated Number of Responses: 37. Estimate of Burden: Public reporting is estimated to average 2 minutes per Estimated Number of Responses per response. burden for this collection of information Respondent: Respondents only is estimated to average 0.14 hours per Respondents: Processors. complete the registration once. Estimated Number of Respondents: 5. response. Estimated Total Annual Burden on Respondents: Institutional food Estimated Number of Responses: 5. Respondents: 6 hours. Estimated Number of Responses per service professionals (public and private (3) Processors Add a Plant and Respondent: Each respondent that uses schools, the military, Veterans Request an Audit registration AFS Technologies, Inc., Food Profile Administration facilities, Native submission. Processors use this database to register their products American facilities, health care submission to register the plants in completes this submission once. facilities, colleges and universities, which they manufacture their products Estimated Total Annual Burden on prisons, child care facilities, and on the USDA Food Connect Web site. Respondents: 0.15 hours. facilities for needy families), processors, Estimate of Burden: Public reporting (6) Processors Add a New Product distributors, brokers, and associations. burden for this collection of information registration submission (Excel Estimated Number of Respondents: is estimated to average 8 minutes per spreadsheet). Processors use this 275 (188 institutional food service response. registration submission to register their professionals, 37 processors, 7 Respondents: Processors. products manufactured from USDA distributors, 40 brokers, and 3 Estimated Number of Respondents: supplied commodities and their associations). 37. commercial food products, on the USDA Estimated Number of Responses: 388. Estimated Number of Responses: 37. Food Connect Web site using this Estimated Number of Responses per Estimated Number of Responses per method. Processors may include Respondent: 1.41. Respondent: Each respondent completes additional product information Estimated Total Annual Burden on this submission once for each plant they including but not limited to: Respondents: 53 hours register. Ingredients, product description, New registration submissions, for the Estimated Total Annual Burden on preparation and cooking instructions, USDA Food Connect Web site, are Respondents: 5 hours. nutrients, packaging data, and product completed as follows: (4) Processors Add a New Product (1) Institutional Food Service fact sheet link. registration submission (A Single Estimate of Burden: Public reporting Professional registration submission. Product). Processors use this registration burden for this collection of information Institutional food service professionals submission to register their products is estimated to average 10 minutes per (public and private schools, the manufactured from USDA supplied response. military, Veterans Administration commodities and their commercial food Respondents: Processors. facilities, Native American facilities, products, on the USDA Food Connect Estimated Number of Respondents: health care facilities, colleges and Web site using this method. Processors 30. universities, prisons, child care facilities may include additional product Estimated Number of Responses: 30. and facilities for needy families) use this information including but not limited Estimated Number of Responses per registration submission to create their to: Ingredients, product description, Respondent: Each respondent that uses user profile on the USDA Food Connect preparation and cooking instructions, the Excel spreadsheet to register their Web site. nutrients, packaging data, and product products completes this submission Estimate of Burden: Public reporting fact sheet link. once. burden for this collection of information Estimate of Burden: Public reporting Estimated Total Annual Burden on is estimated to average 7 minutes per burden for this collection of information Respondents: 4 hours. response. is estimated to average 16 minutes per (7) Distributors registration Respondents: Institutional food response. submission. Distributors use this service professionals (public and private Respondents: Processors. registration submission to register their schools, the military, Veterans Estimated Number of Respondents: 2. food service distribution companies on Administration facilities, Native Estimated Number of Responses: 2. the USDA Food Connect Web site. American facilities, health care Estimated Number of Responses per Estimate of Burden: Public reporting facilities, colleges and universities, Respondent: 10. Each respondent burden for this collection of information

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29305

is estimated to average 9 minutes per preparation and cooking instructions, the brokerage on the USDA Food response. nutrients, package and packaging data, Connect Web site. Respondents: Distributors. and product fact sheet link. This page is Estimate of Burden: Public reporting Estimated Number of Respondents: 7. currently inactive due to technical burden for this collection of information Estimated Number of Responses: 7. problems. is estimated to average 9 minutes per Estimated Number of Responses per Estimate of Burden: Public reporting response. Respondent: Respondents only burden for this collection of information Respondents: Brokers. complete the registration once. is estimated to average 2 minutes per Estimated Number of Respondents: 1. Estimated Total Annual Burden on response. Estimated Number of Responses: 1. Respondents: 1 hour. Respondents: Distributors. Estimated Number of Responses per (8) Distributors Add a Warehouse and Estimated Number of Respondents: 2. Respondent: 3. Respondents only Request an Audit registration Estimated Number of Responses: 1. complete this submission when they submission. Distributors use this Estimated Number of Responses per have branch offices; if so, they complete submission to register the warehouses in Respondent: Each respondent that uses one for each branch office. which they store the products they list the AFS Technologies, Inc., Food Profile Estimated Total Annual Burden on on the USDA Food Connect Web site. database to register their products Respondents: 0.45 hours. This page is currently inactive due to completes this submission once. (14) Association registration technical problems. Estimated Total Annual Burden on submission. Associations in the food Estimate of Burden: Public reporting Respondents: 1 hour. service arena use this registration burden for this collection of information (11) Distributors Add a New Product submission to create their user profile is estimated to average 8 minutes per registration submission (Excel on the USDA Food Connect Web site. response. spreadsheet). Distributors use this Estimate of Burden: Public reporting Respondents: Distributors. registration submission to register their burden for this collection of information Estimated Number of Respondents: 7. branded commercial food products on is estimated to average 7 minutes per Estimated Number of Responses: 7. the USDA Food Connect Web site using response. Estimated Number of Responses per this method. Distributors may include Respondents: Associations. Respondent: Each respondent completes additional product information Estimated Number of Respondents: 3. this submission once for each including but not limited to: Estimated Number of Responses: 3. warehouse they register. Ingredients, product description, Estimated Number of Responses per Estimated Total Annual Burden on preparation and cooking instructions, Respondent: Respondents only Respondents: 1 hour. nutrients, package and packaging data, complete the registration once. (9) Distributors Add a New Product and product fact sheet link. This page is Estimated Total Annual Burden on registration submission (A Single currently inactive due to technical Respondents: 0.33 hours. Comments: Comments are invited on: Product). Distributors use this problems. registration submission to register their Estimate of Burden: Public reporting (1) Whether the proposed collection of branded commercial food products on burden for this collection of information information is necessary for the proper the USDA Food Connect Web site using is estimated to average 10 minutes per performance of the functions of the this method. Distributors may include response. agency, including whether the additional product information Respondents: Distributors. information will have practical utility; including but not limited to: Estimated Number of Respondents: 4. (2) the accuracy of the agency’s estimate Ingredients, product description, Estimated Number of Responses: 1. of the burden of the proposed collection preparation and cooking instructions, Estimated Number of Responses per of information including the validity of nutrients, package and packaging data, Respondent: Each respondent that uses the methodology and assumptions used; and product fact sheet link. This page is the Excel spreadsheet to register their (3) ways to enhance the quality, utility, currently inactive due to technical products completes this submission and clarity of the information to be problems. once. collected; and (4) ways to minimize the Estimate of Burden: Public reporting Estimated Total Annual Burden on burden of the collection of information burden for this collection of information Respondents: 1 hour. on those who are to respond, including is estimated to average 16 minutes per (12) Brokers registration submission. the use of appropriate automated, response. Brokers use this registration submission electronic, mechanical, or other Respondents: Distributors. to register the brokerage and the technological collection techniques or Estimated Number of Respondents: 1. companies they represent on the USDA other forms of information technology. Estimated Number of Responses: 5. Food Connect Web site. Comments may be sent to Lynne E. Estimated Number of Responses per Estimate of Burden: Public reporting Yedinak, Process Products Branch, Fruit Respondent: Each respondent completes burden for this collection of information and Vegetable Programs, Agricultural this submission once for each product is estimated to average 16 minutes per Marketing Service, U.S. Department of they register. response. Agriculture, STOP 0247, 1400 Estimated Total Annual Burden on Respondents: Brokers. Independence Avenue, SW., Respondents: 1 hour. Estimated Number of Respondents: Washington, DC 20250–0247, telephone: (10) Distributors Add a New Product 40. (202) 720–9939 and Fax: (202) 690– registration submission (AFS Estimated Number of Responses: 40. 1527; or Internet: http:// Technologies, Inc.). Distributors use this Estimated Number of Responses per www.regulations.gov. All comments registration submission to register their Respondent: Respondents only received will be available for public branded commercial food products on complete the registration once. inspection in the above office during the USDA Food Connect Web site using Estimated Total Annual Burden on regular business hours at the same this method. Distributors may include Respondents: 6 hours. address or can be viewed at http:// additional product information (13) Brokers Add a Branch www.regulations.gov. including but not limited to: registration submission. Brokers use this All responses to this notice will be Ingredients, product description, submission to register any branches for summarized and included in the request

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29306 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

for OMB approval. All comments will Abstract: The dairy grading program Estimated Number of Respondents: become a matter of public record. is a voluntary user fee program 250. Dated: May 19, 2010. authorized under the Agricultural Estimated Total Annual Responses: 250. David R. Shipman, Marketing Act (AMA) of 1946 (7 U.S.C. 1621–1627). The regulations governing Estimated Number of Responses per Acting Administrator, Agricultural Marketing Respondent: 1. Service. inspection and grading services of manufactured or processed dairy Estimated Total Annual Burden on [FR Doc. 2010–12473 Filed 5–24–10; 8:45 am] products are contained in 7 CFR part 58. Respondents: 12.5 hours. BILLING CODE 3410–02–P In order for a voluntary inspection Comments are invited on: (1) Whether program to perform satisfactorily, the proposed collection of information is necessary for the proper performance DEPARTMENT OF AGRICULTURE appropriate information must be collected. In general, information of the functions of the agency, including whether the information will have Agricultural Marketing Service requested is used to identify and contact the party responsible for payment of the practical utility; (2) the accuracy of the agency’s estimate of the burden of the [Doc. No. AMS–DA–10–005; DA–10–02] export certification, inspection, grading or equipment evaluation fee and proposed collection of information Notice of Request for Approval of a expense. The information requested on including the validity of the methodology and assumptions used; (3) New Information Collection the two new forms is required for AMS ways to enhance the quality, utility, and Dairy Grading Branch to set up accounts AGENCY: Agricultural Marketing Service, clarity of the information to be to allow applicants to do business with USDA. collected; and (4) ways to minimize the AMS Dairy Grading Branch. This burden of the collection of information ACTION: Notice and request for information is currently collected over on those who are to respond, including comments. the telephone, or through faxes, letters the use of appropriate automated, or e-mails. The new forms will allow for SUMMARY: In accordance with the electronic, mechanical, or other uniform collection of the information Paperwork Reduction Act of 1995 (44 technological collection techniques or and more secure management of the U.S.C. Chapter 35), this notice other forms of information technology. announces the Agricultural Marketing information. All responses to this notice will be Estimate of Burden: Public reporting Service’s (AMS) intention to request summarized and included in the request burden for this collection of information approval, from the Office of for OMB approval. All comments will is estimated to average 0.05 hours per Management and Budget, for two new become a matter of public record. response. forms: (1) Request for Applicant Respondents: Businesses or other for- Dated: May 19, 2010. Number and (2) Export Applicant profit. Rayne Pegg, Number Activation. Estimated Number of Respondents: Administrator, Agricultural Marketing DATES: Comments on this notice must be 250. Service. received by July 26, 2010 to be assured Estimated Total Annual Responses: [FR Doc. 2010–12470 Filed 5–24–10; 8:45 am] of consideration. 250. BILLING CODE 3410–02–P ADDRESSES: Comments may be sent to Estimated Number of Responses per Office of the Deputy Administrator, Respondent: 1. USDA/AMS/Dairy Programs, Room Estimated Total Annual Burden on DEPARTMENT OF AGRICULTURE 2968–S, 1400 Independence Avenue, Respondents: 12.5 hours. SW., Washington, DC 20090–6465 or (2) Title: Export Applicant Number Agricultural Marketing Service may be submitted at the Federal Activation. [Doc. No. AMS–LS–10–0035] eRulemaking Portal: http// OMB Number: 0581–NEW. www.regulations.gov. Comments should Expiration date of Approval: Three Notice of Request for Extension of a reference the docket number and the years from approval date. Currently Approved Information date and page of issue in the Federal Type of Request: New information Collection Register. All comments received will be collection. Abstract: The dairy grading program AGENCY: Agricultural Marketing Service, available for public inspection during is a voluntary user fee program USDA. regular business hours at the above authorized under the Agricultural ACTION: Notice and request for address or at http:// Marketing Act (AMA) of 1946 (7 U.S.C. comments. www.regulations.gov. The identity of the 1621–1627). The regulations governing individuals or entities submitting SUMMARY: inspection and grading services of In accordance with the comments will be made public. manufactured or processed dairy Paperwork Reduction Act of 1995 (44 Additional Information: Contact products are contained in 7 CFR part 58. U.S.C. Chapter 35), this notice Kenneth Vorgert, USDA/AMS/Dairy In order for a voluntary inspection announces the Agricultural Marketing Programs, Dairy Grading Branch, 2150 program to perform satisfactorily, Service’s (AMS) intention to request Western Court, Suite 100, Lisle, IL appropriate information must be approval from the Office of Management 60532–1973; Tel: 630–437–5037, Fax: collected. The information collected and Budget, for an extension of the 630–437–5037 or via e-mail at: will be used to activate the applicants currently approved information [email protected]. account number in an automated system collection used to compile and generate SUPPLEMENTARY INFORMATION: (1) Title: to request export certificates. cattle, swine, lamb, and boxed beef Request for Applicant Number. Estimate of Burden: Public reporting market news reports under the OMB Number: 0581–NEW. burden for this collection of information Livestock Mandatory Reporting Act of Expiration Date of Approval: Three is estimated to average 0.05 hours per 1999. years from approval date. response. DATES: Comments on this notice must be Type of Request: New information Respondents: Businesses or other for- received by July 26, 2010 to be assured collection. profit. of consideration.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29307

Additional Information or Comments: an average of 75,000 head of lambs or Estimate of Burden: Public reporting Comments may be mailed to Jimmy A. processed an average of 75,000 lamb burden for this Collection of Beard; Assistant to the Chief; Livestock carcasses during the immediately information is estimated to average and Grain Market News Branch, preceding 5 calendar years were .1928 hours per response. Livestock and Seed Program, required to submit information to AMS. Respondents: Business or other for- Agricultural Marketing Service, U.S. Additionally, a lamb processing plant profit entities, individuals or Department of Agriculture; STOP 0252; that did not slaughter an average of households, farms, and the Federal 1400 Independence Avenue, SW.; Room 75,000 lambs or process an average of Government. 2619–S; Washington, DC 20250–0252; 75,000 lamb carcasses during the Estimated Number of Respondents: Phone (202) 720–8054; Fax (202) 690– immediately preceding 5 calendar years 389. 3732; or e-mailed to the Federal was required to report information if the Estimated Number of Responses: Rulemaking Portal: http:// Secretary determined the processing 118,768. www.regulations.gov or e-mailed to plant should be considered a packer Estimated Number of Responses per [email protected]. State based on its capacity. In addition, the Respondent: 305. that your comments refer to Docket No. Act also established that for any Estimated Total Annual Burden on AMS–AMS–10–0012. calendar year, an importer of lamb that Respondents: 22,898 hours. FOR FURTHER INFORMATION CONTACT: imported an average of 5,000 metric Comments are invited on: (1) Whether Michael Lynch, Acting Chief, Livestock tons of lamb meat products per year the proposed collection of information and Grain Market News Branch, AMS, during the immediately preceding 5 is necessary for the proper performance USDA, by telephone on 202/720–6231, calendar years, report information on of the functions of the Agency, or via e-mail at: the domestic sales of imported boxed including whether the information will [email protected], or Jimmy lamb cuts. Additionally, an importer have practical utility; (2) the accuracy of A. Beard, Assistant to the Chief, that did not import an average of 5,000 the Agency’s estimate of the burden of Livestock and Grain Market News metric tons of lamb meat products the proposed collection of information, Branch, AMS, USDA, or by telephone during the immediately preceding 5 including the validity of the on 202/720–6231, or e-mail at: calendar years was required to report methodology and assumptions used; (3) [email protected]. information if the Secretary determined ways to enhance the quality, utility, and that the person should be considered an clarity of the information to be SUPPLEMENTARY INFORMATION: Title: Livestock Mandatory Reporting importer based on their volume of lamb collected; and (4) ways to minimize the Act of 1999. imports. The regulations implementing burden of the collection of information OMB Number: 0581–0186. the Act appear at 7 CFR, part 59. On on those who are to respond, including Expiration Date of Approval: 09–30– September 2, 2004, AMS published a the use of appropriate automated, 2010. final rule (69 FR 53783) that revised the electronic, mechanical, or other Type of Request: Extension of a threshold for importers to 2,500 metric technological collection techniques or currently approved information tons and modified the definition of other forms of information technology. collection. carlot when used in reference to boxed Comments may be sent to Jimmy A. Abstract: The 1999 Act was enacted lamb cuts. Beard, 1400 Independence Ave., Room into law on October 22, 1999 (Pub. L. The 1999 Act was reauthorized in 2619–S; Washington, DC 20250–0252. 106–78; 7 U.S.C. 1635–1636h), as an October 2006, which re-established the Comments can be submitted to: http:// amendment to the Agricultural regulatory authority and amended the www.regulations.gov and viewed there Marketing Act of 1946 (7 U.S.C. 1621– swine reporting requirements to include as well. All comments received will be 1627). The 1999 Act as originally passed swine packers that slaughtered an available for public inspection during provided for the mandatory reporting of average of at least 200,000 sows, boars, regular business hours at the same market information by federally or combination thereof per year during address or on the Internet at http:// inspected livestock processing plants the immediately preceding 5 calendar www.ams.usda.gov/lsmnpubs. that have slaughtered an average years. On May 16, 2008, AMS published All responses to this notice will be number of livestock during the a final rule (75 FR 28606) implementing summarized and included in the request immediately preceding 5 calendar years the same. for OMB approval. All comments will (125,000 for cattle and 100,000 for The reports that are generated by the become a matter of public record. swine), including any processing plant 1999 Act are used by other Government Dated: May 19, 2010. that did not slaughter during the agencies to evaluate market conditions David R. Shipman, immediately preceding 5 calendar years and calculate price levels, such as Acting Administrator, Agricultural Marketing if the Secretary determines that the USDA’s Farm Service Agency, that Service. plant should be considered a packer administers the Farmer-owned Reserve [FR Doc. 2010–12468 Filed 5–24–10; 8:45 am] Program. Economists at most major based on the plant’s capacity. For BILLING CODE 3410–02–P entities that did not slaughter during the agricultural colleges and universities immediately preceding 5 calendar years, use the reports to make short and long- such as a new plant or existing plant term market projections. Also, the DEPARTMENT OF AGRICULTURE that begins operations, AMS projects the Government is a large purchaser of plant’s annual slaughter or production livestock and related products. A system Agricultural Marketing Service based upon the plant’s estimate of to monitor the collection and reporting annual slaughter capacity to determine of data therefore is needed. [Doc. No FV10–CP–01, AMS–FV–10–0041] which entities meet the definition of a The information must be collected, Web Based Supply Chain Management packer as defined in this regulation. The compiled, and disseminated by an Commodity Offer Form, Paperwork 1999 Act also gave the Secretary the impartial third-party, in a manner Collection Notice latitude to provide for the reporting of which protects the confidentiality of the lamb information. Federally inspected reporting entity. AMS is in the best AGENCY: Agricultural Marketing Service, lamb processing plants that slaughtered position to provide this service. USDA.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29308 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

ACTION: Notice; request for comments. domestic nutrition assistance programs. technological collection techniques or Currently, vendors respond by other forms of information technology. SUMMARY: In accordance with the submitting sealed bids electronically via All comments to this notice will be Paperwork Reduction Act of 1995, the Domestic Electronic Bid Entry System summarized and included in the request Agricultural Marketing Service (AMS) is (DEBES). for OMB approval. All comments will seeking comments from all interested This information collection request is also become a matter of public record. individuals and organizations on a for the new WBSCM system where Dated: May 19, 2010. revision of a currently approved respondents will submit information David R. Shipman, information collection request. This electronically via that system. It will information collection is necessary to Acting Administrator, Agricultural Marketing replace DEBES. Service. support the procurement of agricultural Vendor information and the annual commodities for domestic nutrition [FR Doc. 2010–12472 Filed 5–24–10; 8:45 am] certification information will be entered BILLING CODE 3410–02–P assistance programs. AMS issues and received electronically in WBSCM. invitations to purchase fresh and All of the domestic offer information processed commodities for domestic will be entered and received DEPARTMENT OF AGRICULTURE nutrition assistance programs on a year electronically in WBSCM. Vendors will round basis. The revision to the be able to access WBSCM to see the date Food Safety and Inspection Service information collection request is and time the system shows for receipt [Docket No. FSIS–2010–0004] required for the implementation of a of bid, bid modification, or bid new system named Web Based Supply cancellation information. At bid Availability of Compliance Guide for Chain Management (WBSCM) that will opening date and time, the bid Mobile Slaughter Units allow respondents to submit information is evaluated through the information electronically. It will WBSCM system. Acceptances will be AGENCY: Food Safety and Inspection replace the existing computer request sent to the successful offerors Service, USDA. for information collected with and a electronically. Awarded contracts will ACTION: Notice of availability and similar set of computer requested data be posted on the AMS Web site. opportunity for comments. in WBSCM. The information collection Estimate of Burden: Public reporting SUMMARY: The Food Safety and burden for respondents should not burden for collecting information under increase. Inspection Service (FSIS) is announcing this notice is estimated to average 25 the availability of a compliance guide DATES: Comments on this notice must be (divide the burden hours by # of on mobile slaughter units. FSIS will received on or before July 26, 2010. responses 944/2266 = .41 or 25 minutes) post this compliance guide on its ADDRESSES: We invite you to submit minutes per response, including the Significant Guidance Documents Web comments on this notice. In your time for reviewing instructions, page http://www.fsis.usda.gov/ comment, include date, and page searching existing data sources, Significant_Guidance/index.asp. FSIS number of this issue of the Federal gathering and maintaining the data encourages those who own or manage Register. You may submit comments by needed, and completing and reviewing mobile slaughter units to avail any of the following methods: the collection of information. themselves of this guidance document • E-mail: Send comments to: Respondents: Businesses. in meeting the pertinent regulatory [email protected]. Estimated Number of Respondents: requirements. FSIS is also soliciting • Fax: (202) 720–2782. 344. comments on this compliance guide. • Mail: David Tuckwiller, Project Estimated Average Number of The Agency will consider carefully all Manager, Web Based Supply Chain Responses per Respondent: 6.59 (# of comments submitted and will revise the Management System, Agricultural response/# of respondents 2266/344 = guide as warranted. Marketing Service (AMS), 1400 6.59). DATES: Submit written comments by Independence Ave., SW., Room 1406, Estimated Total Annual Responses: July 26, 2010. Washington, DC 20090. 2266. ADDRESSES: FSIS invites interested You may also send comments to the Estimated Total Annual Burden on persons to submit comments on this Desk Officer for Agriculture, Office of Respondents: 944 hours. notice and the compliance guidelines. Information and Regulatory Affairs, We are requesting comments on all Comments may be submitted by either Office of Management and Budget, aspects of this information collection of the following methods: Washington, DC 20503. that will help us to: Federal eRulemaking Portal: This FOR FURTHER INFORMATION CONTACT: (1) Evaluate whether the collection of Web site provides the ability to type David Tuckwiller, Project Manager, Web information is necessary for the proper short comments directly into the Based Supply Chain Management performance of the functions of the comment field on this Web page or System, phone (202) 720–4517. agency, including whether the attach a file for lengthier comments. Go SUPPLEMENTARY INFORMATION: information will have practical utility; to http://www.regulations.gov. Follow Title: WBSCM Offer Forms. (2) Evaluate the accuracy of the the online instructions at that site for OMB Number: 0581–NEW. agency’s estimate of burden including submitting comments. Expiration Date: Three years from the validity of the methodology and Mail, including floppy disks or CD– approval. assumptions used; ROMs, and hand- or courier-delivered Type of Request: Regular. (3) Enhance the quality, utility and items: Send to Docket Clerk, U.S. Abstract: AMS purchases clarity of the information to be Department of Agriculture (USDA), commodities for various domestic collected; FSIS, Room 2–2127, George Washington nutrition assistance programs, and (4) Minimize the burden of the Carver Center, 5601 Sunnyside Avenue, provides support for commodity collection of information on those who Mailstop 5474, Beltsville, MD 20705– markets with surplus inventory. AMS are to respond, including through the 5474. issues invitations to purchase use of appropriate automated, Instructions: All items submitted by agricultural commodities for use in electronic, mechanical, or other mail or electronic mail must include the

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29309

Agency name and docket number FSIS– communicated via Listserv, a free SUPPLEMENTARY INFORMATION: 2010–0004. Comments received in electronic mail subscription service for Background response to this docket will be made industry, trade groups, consumer available for public inspection and interest groups, health professionals, Under the regulations in ‘‘Subpart— posted without change, including any and other individuals who have asked Fruits and Vegetables’’ (7 CFR 319.56-1 personal information, to http:// to be included. The Update is also through 319.56-50, referred to below as www.regulations.gov. available on the FSIS Web page. the regulations), the Animal and Plant Docket: For access to background Through the Listserv and Web page, Health Inspection Service (APHIS) of documents or to comments received, go FSIS is able to provide information to a the U.S. Department of Agriculture to the FSIS Docket Room at the address much broader and more diverse prohibits or restricts the importation of listed above between 8:30 a.m. and 4:30 audience. In addition, FSIS offers an fruits and vegetables into the United p.m., Monday through Friday. electronic mail subscription service States from certain parts of the world to FOR FURTHER INFORMATION CONTACT: which provides automatic and prevent plant pests from being [email protected], phone: customized access to selected food introduced into and spreading within (770) 304–8919. safety news and information. This the United States. Under that process, APHIS may publish a notice in the SUPPLEMENTARY INFORMATION: service is available at http:// www.fsis.usda.gov/news_and_events/ Federal Register announcing the Background email_subscription/. Options range from availability of a pest risk analysis that A mobile slaughter unit (MSU) is a recalls to export information to evaluates the risks associated with the self-contained slaughter facility that can regulations, directives and notices. importation of a particular fruit or travel from site to site. The MSU Customers can add or delete vegetable. Following the close of the 60- compliance guide is intended for subscriptions themselves, and have the day comment period, APHIS may begin owners and managers of a new or option to password protect their issuing permits for importation of the existing red meat or poultry mobile accounts. fruit or vegetable subject to the risk- slaughter unit who want their business Done at Washington, DC, on May 17, 2010. mitigation measures identified in the pest risk analysis if: (1) No comments to come under Federal inspection and to Alfred V. Almanza, were received on the pest risk analysis; operate in accordance with FSIS Administrator. regulations. The document includes the (2) the comments on the pest risk [FR Doc. 2010–12510 Filed 5–24–10; 8:45 am] analysis revealed that no changes to the procedures necessary to receive a BILLING CODE 3410–DM–P Federal grant of inspection, unique pest risk analysis were necessary; or (3) concerns that may arise with mobile changes to the pest risk analysis were made in response to public comments, slaughter units, and links to regulatory DEPARTMENT OF AGRICULTURE requirements and resources. but the changes did not affect the The meat and poultry industries have Animal and Plant Health Inspection overall conclusions of the analysis and become increasingly consolidated, Service the Administrator’s determination of while consumer interest in locally risk. [Docket No. APHIS-2010-0003] In accordance with that process, we grown and specialty products has 1 continued to expand. MSUs can help published a notice in the Federal Notice of Decision to Issue Permits for Register on February 9, 2010 (75 FR producers meet consumer demand for the Importation of Fresh Male Summer locally grown and specialty products 6346, Docket No. APHIS-2010-0003) in Squash Flowers From Israel Into the which we announced the availability, and can serve multiple small producers Continental United States in areas where slaughter services might for review and comment, of a pest risk be unaffordable or otherwise AGENCY: Animal and Plant Health analysis evaluating the risks associated unavailable. Therefore MSUs can help Inspection Service, USDA. with the importation into the small producers expand their businesses ACTION: Notice. continental United States of fresh male and create wealth in rural communities. summer squash flowers from Israel. We SUMMARY: We are advising the public of solicited comments on the notice for 60 Additional Public Notification our decision to begin issuing permits for days ending on April 12, 2010. We Public awareness of all segments of the importation into the continental received one comment during that time. rulemaking and policy development is United States of fresh male summer The commenter wrote in support of important. Consequently, in an effort to squash flowers from Israel. Based on the allowing the importation of fresh male ensure that minorities, women, and findings of a pest risk analysis, which summer squash flowers from Israel into persons with disabilities are aware of we made available to the public for the continental United States. this notice, FSIS will announce it online review and comment through a previous Therefore, in accordance with the through the FSIS Web page located at notice, we believe that the application regulations in § 319.56-4(c)(2)(ii), we are http://www.fsis.usda.gov/ of one or more designated phytosanitary announcing our decision to begin regulations_&_policies/ measures will be sufficient to mitigate issuing permits for the importation into 2010_Notices_Index/index.asp. the risks of introducing or disseminating the continental United States of fresh FSIS will also make copies of this plant pests or noxious weeds via the male summer squash flowers from Israel Federal Register publication available importation of fresh male summer provided that each commercial through the FSIS Constituent Update, squash flowers from Israel. consignment of the squash flowers is which is used to provide information EFFECTIVE DATE: May 25, 2010. accompanied by a phytosanitary regarding FSIS policies, procedures, FOR FURTHER INFORMATION CONTACT: Ms. certificate stating that the consignment regulations, Federal Register notices, Donna L. West, Senior Import has been inspected and found free of FSIS public meetings, and other types of Specialist, Regulatory Coordination and 1 To view the notice and the pest risk analysis, information that could affect or would Compliance, PPQ, APHIS, 4700 River go to (http://www.regulations.gov/fdmspublic/ be of interest to constituents and Road Unit 133, Riverdale, MD 20737; component/main?main=DocketDetail&d=APHIS- stakeholders. The Update is (301) 734-0627. 2010-0003).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29310 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

Helicoverpa armigera and Scirtothrips DEPARTMENT OF AGRICULTURE Read Applications: All applications dorsalis and that each consignment is and comments will be available for subject to inspection at the port of entry. Grain Inspection, Packers and public inspection at the office above Stockyards Administration These conditions will be listed in the during regular business hours (7 CFR 1.27(c)). Fruits and Vegetables Import Designation for the Muncie, IN; Requirements database (available at Fremont, NE; Maryland; and West SUPPLEMENTARY INFORMATION: In the (http://www.aphis.usda.gov/favir)) . In Lafayette, IN Areas September 4, 2009, Federal Register (74 addition to these specific measures, FR 45803), GIPSA requested fresh male summer squash flowers from AGENCY: Grain Inspection, Packers and applications for designation to provide Israel will be subject to the general Stockyards Administration, USDA. official services in the geographic areas requirements listed in § 319.56-3 that ACTION: Notice. presently serviced by the agencies named above. Applications were due by are applicable to the importation of all SUMMARY: GIPSA is announcing the fruits and vegetables. October 1, 2009. designation of the following East Indiana, Fremont, Maryland, and Authority: 7 U.S.C. 450, 7701-7772, organizations to provide official services Titus were the sole applicants for and 7781-7786; 21 U.S.C. 136 and 136a; under the United States Grain Standards designations to provide official services 7 CFR 2.22, 2.80, and 371.3. Act, as amended (USGSA): East Indiana in these areas. As a result, GIPSA did Grain Inspection, Inc. (East Indiana); Done in Washington, DC, this 19th day not ask for additional comments. Fremont Grain Inspection Department, of May 2010. GIPSA evaluated all available Inc. (Fremont); Maryland Department of information regarding the designation Kevin Shea Agriculture (Maryland); Enid Grain criteria in section 7(f)(l) of the USGSA Acting Administrator, Animal and Plant Inspection Company, Inc. (Enid); and (7 U.S.C. 79(f)) and determined that East Health Inspection Service. Titus Grain Inspection, Inc. (Titus). Indiana, Fremont, Maryland, and Titus [FR Doc. 2010–12532 Filed 5–24–10; 10:03 am] DATES: Effective Date: July 1, 2010. are qualified to provide official services BILLING CODE 3410–34–S ADDRESSES: Karen W. Guagliardo, in the geographic areas specified in the Branch Chief, Review Branch, September 4, 2009, Federal Register for Compliance Division, GIPSA, USDA, which they applied. These designation STOP 3604, Room 1647–S, 1400 actions to provide official services in the Independence Avenue, SW., specified areas are effective July 1, 2010, Washington, DC 20250–3604. and terminate on June 30, 2013. FOR FURTHER INFORMATION CONTACT: Interested persons may obtain official Karen W. Guagliardo, 202–720–8262 or services by calling the telephone [email protected]. numbers listed below:

Designation Designation Official agency Headquarters location and telephone start end

East Indiana ...... Muncie, IN (765–289–1206) ...... 7/1/2010 ...... 6/30/2013 Fremont ...... Fremont, NE (402–721–5086) ...... 7/1/2010 ...... 6/30/2013 Additonal Location: Denison, IA. Maryland ...... Annapolis, MD (410–841–2750) ...... 7/1/2010 ...... 6/30/2013 Titus ...... West Lafayette, IN (765–497–2202) ...... 7/1/2010 ...... 6/30/2013

Section 7(f)(1) of the USGSA DEPARTMENT OF AGRICULTURE agencies: Columbus Grain Inspection, authorizes GIPSA’s Administrator to Inc. (Columbus); Gulf Country Grain designate a qualified applicant to Grain Inspection, Packers and Inspection Service, Inc. (Gulf Country); provide official services in a specified Stockyards Administration and Northeast Indiana Grain Inspection, area after determining that the applicant Inc. (Northeast Indiana). Opportunity for Designation in the is better able than any other applicant Columbus, OH; Dallas, TX; and DATES: Applications and comments to provide such official services (7 Decatur, IN Areas; Request for must be received by July 1, 2010. U.S.C. 79 (f)(1)). Comments on the Official Agencies ADDRESSES: Submit applications and Under section 7(g)(1) of the USGSA, Servicing These Areas comments concerning this notice using designations of official agencies are any of the following methods: effective for 3 years unless terminated AGENCY: Grain Inspection, Packers and • Applying for Designation on the by the Secretary; however, designations Stockyards Administration, USDA. Internet: Use FGISonline (https:// ACTION: Notice. may be renewed according to the fgis.gipsa.usda.gov/ criteria and procedures prescribed in default_home_FGIS.aspx) and then click section 7(f) of the Act. SUMMARY: The designations of the official agencies listed below will end on the Delegations/Designations and Authority: 7 U.S.C. 71–87k. on December 31, 2010. We are asking Export Registrations (DDR) link. You will need to obtain an FGISonline Marianne Plaus, persons or governmental agencies interested in providing official services customer number and USDA Acting Administrator, Grain Inspection, in the areas presently served by these eAuthentication username and Packers and Stockyards Administration. agencies to submit an application for password prior to applying. [FR Doc. 2010–12382 Filed 5–24–10; 8:45 am] designation. In addition, we are asking • Submit Comments Using the BILLING CODE 3410–KD–P for comments on the quality of services Internet: Go to Regulations.gov (http:// provided by the following designated www.regulations.gov). Instructions for

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29311

submitting and reading comments are line west to State Route 560; State Route 560 Designation in the specified geographic detailed on the site. north to State Route 296; State Route 296 areas is for the period beginning January • Hand Delivery/Courier Address: west to Interstate 75; Interstate 75 north to 1, 2011, and ending December 31, 2013. Karen W. Guagliardo, Review Branch State Route 47; State Route 47 northeast to To apply for designation or for more U.S. Route 68 (including all of Sidney, Ohio); information, contact Karen W. Chief, Compliance Division, GIPSA, U.S. Route 68 north to the southern Hancock USDA, Room 1647–S, 1400 County line; the southern Hancock County Guagliardo at the address listed above or Independence Avenue, SW., line west to the western Hancock, Wood and visit GIPSA’s Web site at http:// Washington, DC 20250. Lucus County lines north to the Michigan- www.gipsa.usda.gov. • Mail: Karen W. Guagliardo, Review Ohio State line; the Michigan-Ohio State line Request for Comments Branch Chief, Compliance Division, west to State Route 127. We are publishing this notice to GIPSA, USDA, STOP 3604, 1400 Columbus’ assigned geographic area provide interested persons the Independence Avenue, SW., does not include those export port opportunity to comment on the quality Washington, DC 20250–3604. locations within their assigned • of services provided by the Columbus, Fax: Karen W. Guagliardo, 202– geographic areas, which are serviced by Gulf Country, and Northeast Indiana 690–2755. GIPSA. • E-mail: official agencies. In the designation [email protected]. Gulf Country process, we are particularly interested Read Applications and Comments: All Pursuant to Section 7(f)(2) of the Act, in receiving comments citing reasons applications and comments will be the following geographic areas, in the and pertinent data supporting or available for public inspection at the State of Texas are assigned to this objecting to the designation of the office above during regular business official agency: applicants. Submit all comments to hours (7 CFR 1.27(c)). Karen W. Guagliardo at the above Bounded on the North by the northern address or at http:// FOR FURTHER INFORMATION CONTACT: Young, Jack, Montague, Cooke, Grayson, www.regulations.gov. Karen W. Guagliardo, 202–720–8262 or Fannin, Lamar, Red River, Morris, and We consider applications, comments, [email protected]. Marion County lines east to the Texas State line; Bounded on the East by the eastern and other available information when SUPPLEMENTARY INFORMATION: Section Texas State line south to the southern Shelby determining which applicant will be 7(f)(1) of the United States Grain County line; Bounded on the South by the designated. Standards Act (USGSA) (7 U.S.C. 71– southern Shelby, Rusk, Smith, Henderson, Authority: 7 U.S.C. 71–87k. 87k) authorizes GIPSA’s Administrator Navarro, Hill, Bosque, Hamilton, and Mills to designate a qualified applicant to County lines west to the western Mills Marianne Plaus, provide official services in a specified county line; and Bounded on the West by the Acting Administrator, Grain Inspection, area after determining that the applicant western Mills, Comanche, Eastland, Packers and Stockyards Administration. is better able than any other applicant Stephens, and Young County lines north to [FR Doc. 2010–12381 Filed 5–24–10; 8:45 am] the northern Young County line. to provide such official services. Under BILLING CODE 3410–KD–P section 7(g)(1) of the USGSA, Northeast Indiana designations of official agencies are Pursuant to Section 7(f)(2) of the Act, effective for 3 years unless terminated DEPARTMENT OF AGRICULTURE the following geographic areas, in the by the Secretary, but may be renewed State of Indiana are assigned to this according to the criteria and procedures Grain Inspection, Packers and official agency: prescribed in section 7(f) of the Act. Stockyards Administration Bounded on the North by the northern Areas Open for Designation Lagrange and Steuben County lines; Bounded Solicitation of Nominations for Members of the USDA Grain Inspection Columbus on the East by the eastern Steuben, De Kalb, Allen, and Adams County lines; Bounded on Advisory Committee Pursuant to Section 7(f)(2) of the Act, the South by the southern Adams and Wells AGENCY: Grain Inspection, Packers and the following geographic areas, in the County lines; and Bounded on the West by Stockyards Administration, USDA. States of Michigan and Ohio are the western Wells County line; the southern assigned to this official agency: Huntington and Wabash County lines; the ACTION: Notice reopening time period In Michigan: western Wabash County line north to State for soliciting nominees to the Grain Route 114; State Route 114 northwest to State Inspection Advisory Committee. Jackson (east of U.S. Route 127 and south Route 19; State Route 19 north to Kosciusko and west of State Road 50), Lenawee (east County; the western and northern Kosciusko SUMMARY: The Department of Bounded on the West by State Route 127 at County lines; the western Noble and Agriculture’s (USDA) Grain Inspection, the Michigan-Ohio State line north to State Lagrange County lines. Packers and Stockyards Administration Route 50; Bounded on the north by State (GIPSA) is reopening the time period for Route 50 at State Route 127 east to the The following grain elevator, located Michigan State line; the Michigan state line outside of the above contiguous submitting nominations for individuals south to the Michigan-Ohio State line. geographic area, is part of this to serve on the USDA Grain Inspection geographic area assignment: E.M.P. Advisory Committee (Advisory In Ohio: Coop, Payne, Paulding County, Ohio Committee) to invite additional The northern Ohio State line east to the to (located inside Michigan Grain nominations. USDA values diversity. In the Ohio Pennsylvania State line; Bounded Inspection Services, Inc.’s, area). an effort to obtain nominations of on the East by the Ohio-Pennsylvania State diverse candidates, USDA encourages line south to the Ohio River; Bounded on the Opportunity for Designation the nominations of men and women of South by the Ohio River south-southwest to Interested persons or governmental all racial and ethnic groups. The the western Scioto County line; and Bounded on the West by the western Scioto County agencies may apply for designation to Advisory Committee meets twice line north to State Route 73; State Route 73 provide official services in the annually to advise GIPSA on the northwest to U.S. Route 22; U.S. Route 22 geographic areas specified above under programs and services it delivers under west to U.S. Route 68; U.S. Route 68 north the provisions of section 7(f) of the the U.S. Grain Standards Act (USGSA). to Clark County; the northern Clark County USGSA and 7 CFR 800.196(d). Recommendations by the Advisory

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29312 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

Committee help GIPSA better meet the expired in March 2010. GIPSA is to pay the petition to make special fee needs of its customers who operate in a reopening for 30 days the time period in order to request an application enter dynamic and changing marketplace. for submitting additional nominations all current pilot and fully implemented DATES: GIPSA will consider for individuals to serve on the Advisory PPH programs. The elimination of the nominations received by June 24, 2010. Committee. petition fee will simplify the PPH ADDRESSES: Submit nominations for the Persons interested in serving on the requirements and is expected to Advisory Committee by completing Advisory Committee or nominating encourage greater PPH participation. form AD–755. Nominations may be another individual to serve, may Since 2006, the USPTO has submitted by: contact: Terri L. Henry by telephone at implemented the Patent Prosecution • E-Mail: [email protected]. 202–205–8281, by fax at 202–690–2173, Highway (PPH) programs with a number • Mail: Terri Henry, GIPSA, USDA, or by electronic mail at of patent offices as part of efforts to 1400 Independence Ave., SW., Room [email protected] to request Form pursue work sharing to avoid 1633–S, Stop 3642, Washington, DC AD–755. Form AD–755 may also be duplication of work among patent 20250–3642. obtained via GIPSA’s Web site at offices, and for reducing its own • Fax: (202) 690–2173. http://www.gipsa.usda.gov. Under the pendency and backlog. Notices • Hand Delivery or Courier: Terri section ‘‘I Want To…’’ select ‘‘Learn regarding the PPH programs are Henry, GIPSA, USDA, 1400 about the Advisory Committee,’’ then available on the USPTO Web site at: Independence Ave., SW., Room 1633–S, select Form AD–755. To ensure that http://www.uspto.gov/patents/ Stop 3642, Washington, DC 20250– recommendations of the Advisory init_events/pph/index.jsp. Until now, 3642. Committee take into account the needs the PPH notices have indicated that a • Internet: Go to http:// of the diverse groups served by the request for participation in the PPH www.regulations.gov and follow the USDA, nominations shall include, to the program must be accompanied by a online instructions for submitting extent practicable, individuals with petition to make special under 37 CFR comments. demonstrated ability and experience to 1.102(d) along with the required FOR FURTHER INFORMATION CONTACT: represent the interests of racial and petition fee set forth in 37 CFR 1.17(h). Terri L. Henry, telephone (202) 205– ethnic minorities, women, and persons The PPH applications have proven, on 8281 or e-mail [email protected]. with disabilities. average, to take significantly less time to The final selection of Advisory prosecute than non-PPH applications. SUPPLEMENTARY INFORMATION: As Committee members and alternates is Using the PPH process also increases required by section 21 of the USGSA (7 made by the Secretary of Agriculture the sharing and re-use of information U.S.C. 87j), as amended, the Secretary of without regard to race, color, religion, (primarily search and examination Agriculture established the Grain sex, national origin, age, mental or results) between the USPTO and its Inspection Advisory Committee to physical disability, marital status, partner patent offices. Improving the provide advice to the GIPSA familial status, political beliefs, sexual PPH framework to make it more user- Administrator on implementation of the orientation, or because all or part of friendly, and thereby encourage greater USGSA. The current authority for the their income is derived from public participation by applicants, would Advisory Committee expires on assistance. support the Office’s goal to optimize September 30, 2015. As specified in the both the quality and timeliness of USGSA, each member’s term is 3 years Marianne Plaus, patents. Therefore, the USPTO has and no member may serve successive Acting Administrator, Grain Inspection, determined that all PPH applications terms. Packers and Stockyards Administration. will now be advanced out of turn for The Advisory Committee consists of [FR Doc. 2010–12380 Filed 5–24–10; 8:45 am] examination under 37 CFR 1.102(a) in 15 members, appointed by the BILLING CODE 3410–KD–P order to expedite the business of the Secretary, who represent the interests of Office. Applications that are advanced grain producers, processors, handlers, out of turn under 37 CFR 1.102(a) do not merchandisers, consumers, exporters, DEPARTMENT OF COMMERCE require the petition fee set forth in 37 and scientists with expertise in research CFR 1.17(h). Previously, applications related to the policies in section 2 of the Patent and Trademark Office were advanced out of turn under 37 CFR USGSA (7 U.S.C. 74). Members of the 1.102(d). Advisory Committee serve without [Docket No.: PTO–2010–0031] compensation. USDA may reimburse DATES: Effective Date: May 25, 2010. Notice Regarding the Elimination of FOR FURTHER INFORMATION CONTACT: members for travel expenses, including the Fee for Petitions To Make Special per diem in lieu of subsistence, for Magdalen Greenlief, Office of the Filed Under the Patent Prosecution Associate Commissioner for Patent travel away from their homes or regular Highway (PPH) Programs places of business in performance of Examination Policy, by telephone at Advisory Committee service (see 5 AGENCY: United States Patent and 571–272–8140, by facsimile U.S.C. 5703). Trademark Office, Commerce. transmission to 571–273–8140, or by mail addressed to: Mail Stop A list of current Advisory Committee ACTION: Notice. members and other relevant information Comments–Patents, Commissioner for are available on the GIPSA Web site at SUMMARY: The United States Patent and Patents, P.O. Box 1450, Alexandria, VA http://www.gipsa.usda.gov. Under the Trademark Office (USPTO) is 22313–1450. section ‘‘I Want To * * * ’’ select ‘‘Learn eliminating the fee for the petition to SUPPLEMENTARY INFORMATION: PPH is a about the Advisory Committee.’’ make special under the Patent first concrete implementation of a work- On November 10, 2009, GIPSA Prosecution Highway (PPH) programs. sharing framework which was jointly published a notice in the Federal Currently, applicants must pay a developed by the USPTO and the Japan Register (74 FR 57991) soliciting petition fee under 37 CFR 1.17(h) to Patent Office (JPO) in 2006 as a pilot nominations to serve on the Advisory have an application to enter into the project. The objective of the PPH is to Committee to replace five members and PPH program. With the elimination of promote work sharing while at the same eight alternate members whose terms the fee, applicants will no longer have time allowing applicants to obtain

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29313

patentability determinations faster in Convention route applications. The bedroom furniture (WBF) from the multiple jurisdictions. The USPTO expectation is that by expanding the People’s Republic of China (PRC), currently has PPH arrangements with PPH to include PCT work products, covering the period January 1, 2009 ten patent offices–those in Japan, the participation will increase. through December 31, 2009. See United Kingdom, the Republic of Korea, The USPTO is taking additional steps Wooden Bedroom Furniture From the Canada, Australia, the European Patent to enhance the PPH framework to make People’s Republic of China: Preliminary Office (EPO), Denmark, Germany, the programs more user friendly and Results of Antidumping Duty Singapore and Finland. Notices thereby encourage more participation. Administrative Review and Intent To regarding the PPH programs with these All petitions to make special filed with Rescind Review in Part, 75 FR 5952 patent offices are available on the a PPH request on or after May 25, 2010 (February 5, 2010). The final results of USPTO Web site at: http:// will be treated as a request that the this administrative review were www.uspto.gov/patents/init_events/ Director order their application be originally due no later than June 5, pph/index.jsp. advanced out of turn to expedite the 2010. As explained in the memorandum Under the PPH program, if an business of the Office under 37 CFR from the Deputy Assistant Secretary for application filed in an Office of First 1.102(a), and the petition fee set forth in Import Administration, the Department Filing (OFF) receives an indication that 37 CFR 1.17(h) will not be required. If has exercised its discretion to toll at least one claim is patentable, a the request for participation in the PPH deadlines for the duration of the closure corresponding application with and the request to the Director are of the Federal Government from corresponding claims filed in the granted, the application will be February 5, through February 12, 2010. USPTO as the Office of Second Filing advanced out of turn for examination by Thus, all deadlines in this segment of (OSF) may be advanced out of turn for order of the Director under 37 CFR the proceeding have been extended by examination. To have the request for 1.102(a). seven days. The revised deadline for the participation in the PPH accepted in the Petitions to make special filed with a final results of this review is currently USPTO, an applicant must make PPH request prior to May 25, 2010 will June 12, 2010. See Memorandum to the available to the USPTO the relevant be treated under 37 CFR 1.102(d) and Record from Ronald Lorentzen, DAS for work of the OFF as well as any the petition fee set forth in 37 CFR necessary translation. In addition, the Import Administration, regarding 1.17(h) will be required. ‘‘ request for participation in the PPH, Tolling of Administrative Deadlines As until now, had to be accompanied by a Dated: May 18, 2010. a Result of the Government Closure petition to make special under 37 CFR David J. Kappos, During the Recent Snowstorm,’’ dated 1.102(d) along with the required Under Secretary of Commerce for Intellectual February 12, 2010. petition fee under 37 CFR 1.17(h). Property and Director of the United States Patent and Trademark Office. Extension of Time Limit of Final The PPH has proven to be a useful Results work-sharing vehicle, as shown by the [FR Doc. 2010–12471 Filed 5–24–10; 8:45 am] following statistics (as of February BILLING CODE 3510–16–P Section 751(a)(3)(A) of the Tariff Act 2010): of 1930, as amended (the Act), requires • Over 2,500 PPH requests received that the Department issue the final by the USPTO since 2006; DEPARTMENT OF COMMERCE results of an administrative review • First action allowance rate for PPH International Trade Administration within 120 days after the date on which applications is about 25%, about double the preliminary results are published. If the first action allowance rate for all [A–570–890] it is not practicable to complete the applications; review within that time period, section • Overall allowance rate for PPH Wooden Bedroom Furniture from the 751(a)(3)(A) of the Act allows the applications is about 93%, about double People’s Republic of China: Extension Department to extend the deadline for the allowance rate for all applications; of Time Limit for the Final Results of the final results to a maximum of 180 the Antidumping Duty Administrative and days after the date on which the • Review The average number of actions per preliminary results are published. disposal for PPH applications is about AGENCY: 1.7, which is significantly less than the Import Administration, The Department finds that it is not number of actions per disposal for non- International Trade Administration, practicable to complete the final results PPH applications. Department of Commerce. of this review by June 12, 2010, because While the PPH has been useful, it can EFFECTIVE DATE: May 25, 2010. the Department needs additional time to be improved. The USPTO has taken a FOR FURTHER INFORMATION CONTACT: Jeff consider over 30 complex issues the number of steps, in concert with the Pedersen or David Edmiston, AD/CVD parties have raised. Therefore, in Japan Patent Office (JPO) and other PPH Operations, Office 4, Import accordance with section 751(a)(3)(A) of partners, to enhance the PPH framework Administration, International Trade the Act, the Department is extending the to make it more user friendly and Administration, U.S. Department of time limit for completion of the final thereby encourage greater participation. Commerce, 14th Street and Constitution results by 60 days to August 11, 2010. In January 2010, the USPTO, JPO and Avenue, NW, Washington, DC 20230; This notice is published in EPO began a test implementation of an telephone: (202) 482–2769, and (202) accordance with sections 751(a)(3)(A) expanded PPH framework, to allow 482–0989 respectively. and 777(i) of the Act. participation of the Patent Cooperation SUPPLEMENTARY INFORMATION: Treaty (PCT) national/regional phase Dated: May 19, 2010. applications when the International Background John M. Andersen, Authority has determined that one or On February 5, 2010, the Department Acting Deputy Assistant Secretary for more claims have novelty, inventive of Commerce (the Department) Antidumping and Countervailing Duty step and industrial applicability in the published the preliminary results of the Operations. international phase. Previously, all PPH administrative review of the [FR Doc. 2010–12566 Filed 5–24–10; 8:45 am] programs were confined to Paris antidumping duty order on wooden BILLING CODE 3510–DS–S

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29314 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

DEPARTMENT OF COMMERCE Extension of Time Limits for Final antidumping duty order on hand trucks Results and certain parts thereof from the International Trade Administration Section 751(a)(3)(A) of the Tariff Act People’s Republic of China (PRC). The [A–570–831] of 1930, as amended (the Act), provides review covers one exporter. The period that the Department will issue the final of review (POR) is December 1, 2007 Fresh Garlic From the People’s results in an administrative review of an through November 30, 2008. We gave Republic of China: Extension of Time antidumping duty order within 120 interested parties an opportunity to Limits for Final Results of the days after the date on which the comment on the preliminary results. Antidumping Duty Administrative preliminary results are published. Based on our analysis of the comments Review However, the Department may extend received, we have made changes to the margin calculations. Therefore, the final AGENCY: the deadline for completion of the final Import Administration, results differ from the preliminary International Trade Administration, results of an administrative review to 180 days if it determines it is not results. The final weighted–average Department of Commerce. dumping margin for the reviewed firm DATES: Effective Date: May 25, 2010. practicable to complete the review within the foregoing time period. See is listed below in the section entitled FOR FURTHER INFORMATION CONTACT: section 751(a)(3)(A) of the Act and 19 ‘‘Final Results of Review.’’ Scott Lindsay, AD/CVD Operations, CFR 351.213(h)(2). EFFECTIVE DATE: May 25, 2010. Office 6, Import Administration, The Department determines that it is International Trade Administration, FOR FURTHER INFORMATION CONTACT: Fred not practicable to complete the final U.S. Department of Commerce, 14th Baker or Robert James, AD/CVD results of this administrative review by Street and Constitution Avenue, NW., Operations, Office 7, Import the current deadline of May 14, 2010. Washington, DC 20230; telephone: (202) Administration, International Trade Specifically, the Department requires 482–0780. Administration, U.S. Department of additional time to analyze issues raised Commerce, 14th Street and Constitution Background by interested parties. Thus, we are Avenue, NW, Washington, DC 20230; On December 24, 2008, the extending the time for completion of the telephone (202) 482–2924 or (202) 482– Department of Commerce (Department) final results of this administrative 0649, respectively. published the initiation of an review by an additional 30 days, as SUPPLEMENTARY INFORMATION: On administrative review of fresh garlic permitted by section 751(a)(3)(A) of the January 11, 2010, the Department of from the People’s Republic of China Act. The final results are now due no Commerce (the Department) published 1 covering the period November 1, 2007 later than June 14, 2010. in the Federal Register the preliminary through October 31, 2008. See Initiation This notice is published in results of administrative review of the of Antidumping and Countervailing accordance with sections 751(a)(1) and antidumping duty order on hand trucks Duty Administrative Reviews and 777(i)(1) of the Act. and certain parts thereof from the Request for Revocation in Part, 73 FR Dated: May 11, 2010. People’s Republic of China (PRC). See 79055 (December 24, 2008). On John M. Andersen, Hand Trucks and Certain Parts Thereof December 8, 2009, the Department Acting Deputy Assistant Secretary for from the People’s Republic of China: published the preliminary results of this Antidumping and Countervailing Duty Preliminary Results of Antidumping antidumping duty administrative Operations. Duty Administrative Review and review. See Fresh Garlic From the [FR Doc. 2010–12580 Filed 5–24–10; 8:45 am] Rescission in Part, 75 FR 1339 (January People’s Republic of China: Preliminary BILLING CODE 3510–DS–P 11, 2010) (Preliminary Results). The Results of, and Intent To Rescind, in administrative review covers Since Part, the Antidumping Duty Hardware (Guangzhou) Co., Ltd. (Since Administrative Review, 74 FR 64677 DEPARTMENT OF COMMERCE Hardware).1 We invited interested (December 8, 2009) (Preliminary parties to comment on the preliminary International Trade Administration Results). results. On February 12, 2010 we As explained in the memorandum [A–570–891] received a case brief from petitioners. from the Deputy Assistant Secretary We received no case or rebuttal briefs (DAS) for Import Administration, the Hand Trucks and Parts Thereof from from Since Hardware. No interested Department exercised its discretion to the People’s Republic of China: Final party requested a hearing. toll deadlines for the duration of the Results of Antidumping Duty closure of the Federal Government from Administrative Review Scope of the Order February 5 through February 12, 2010. The merchandise subject to this AGENCY: Import Administration, Thus, all deadlines in this segment of antidumping duty order consists of the proceeding were extended by seven International Trade Administration, Department of Commerce. days. See Memorandum to the Record 1 This review originally covered four exporters. SUMMARY: from Ronald Lorentzen, DAS for Import On January 11, 2010, the See Initiation of Antidumping and Countervailing Administration, Re: Tolling of Department of Commerce (the Duty Administrative Reviews and Requests for Administrative Deadlines As a Result of Department) published in the Federal Revocation in Part, 74 FR 5821 (February 2, 2009). Register the preliminary results of However the Department rescinded the review on the Government Closure During the two of those exporters on June 19, 2009. See Notice Recent Snowstorm (February 12, 2010). administrative review of the of Partial Rescission, Intent to Rescind and On April 8, 2010, the Department Extension of Preliminary Results of Antidumping 1 We note that the 187th day after the December Duty Administrative Review: Hand Trucks and postponed the final results of this 8, 2009 publication date of the preliminary results Certain Parts Thereof From the People’s Republic of review by 30 days, until May 14, 2010. falls on Sunday, June 13, 2010. When a deadline China, 74 FR 29178 (June 19, 2009). It rescinded the See Fresh Garlic from the People’s falls on a weekend, the Department’s practice is to review on another of the four exporters on January Republic of China: Extension of Time use the next business day as the appropriate 11, 2010. See Hand Trucks and Certain Parts deadline. See Notice of Clarification: Application of Thereof from the People’s Republic of China: Limits for Final Results of the Next Business Day Rule for Administrative Preliminary Results of Antidumping Duty Antidumping Duty Administrative Determination Deadlines Pursuant to the Act, 70 FR Administrative Review and Rescission in Part, 75 Review, 75 FR 19364 (April 14, 2010). 24533 (May 10, 2005). FR 1339 (January 11, 2010).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29315

hand trucks manufactured from any Excluded from the scope are small 7216.91.61, rather than HTS 7216.91.00. material, whether assembled or two–wheel or four–wheel utility carts See comment 5 of the decision unassembled, complete or incomplete, specifically designed for carrying loads memorandum. suitable for any use, and certain parts like personal bags or luggage in which thereof, namely the vertical frame, the the frame is made from telescoping Final Results of Review handling area and the projecting edges tubular materials measuring less than 5/ The Department has determined that or toe plate, and any combination 8 inch in diameter; hand trucks that use the following margin exists for the thereof. motorized operations either to move the period December 1, 2007, through A complete or fully assembled hand hand truck from one location to the next November 30, 2008: truck is a hand–propelled barrow or to assist in the lifting of items placed consisting of a vertically disposed frame on the hand truck; vertical carriers Weighted–Average having a handle or more than one designed specifically to transport golf Exporter/Manufacturer Margin (Percent- handle at or near the upper section of bags; and wheels and tires used in the age) the vertical frame; at least two wheels at manufacture of hand trucks. Since Hardware or near the lower section of the vertical Separate Rates frame; and a horizontal projecting edge (Guangzhou) Co. Ltd. 119.98 or edges, or toe plate, perpendicular or In proceedings involving non–market angled to the vertical frame, at or near economy (NME) countries, the Assessment Rates the lower section of the vertical frame. Department begins with a rebuttable The Department intends to issue The projecting edge or edges, or toe presumption that all companies within plate, slides under a load for purposes the country are subject to government assessment instructions to U.S. Customs of lifting and/or moving the load. control and, thus, should be assigned a and Border Protection (CBP) fifteen days after publication of these final results of That the vertical frame can be single antidumping duty deposit rate. It converted from a vertical setting to a is the Department’s policy to assign all administrative review. In calculating horizontal setting, then operated in that exporters of merchandise subject to importer–specific assessment rates, we horizontal setting as a platform, is not review in an NME country this single divided the total dumping margins a basis for exclusion of the hand truck rate unless an exporter can demonstrate (calculated as the difference between from the scope of this petition. That the that it is sufficiently independent so as normal value and export price) for each vertical frame, handling area, wheels, to be entitled to a separate rate. of Since Hardware’s importers or projecting edges or other parts of the In the preliminary results, we found customers by the total number of units hand truck can be collapsed or folded is that Since Hardware demonstrated its the exporter sold to that importer or not a basis for exclusion of the hand eligibility for separate rate status. We customer. We will direct CBP to assess truck from the scope of the petition. received no comments from interested the resulting per–unit dollar amount That other wheels may be connected to parties regarding Since Hardware’s against each unit of merchandise in the vertical frame, handling area, separate rate status. In these final results each of that importer’s/customer’s projecting edges, or other parts of the of review, we continue to find the entries during the POR. hand truck, in addition to the two or evidence placed on the record by Since Cash Deposit Requirements more wheels located at or near the lower Hardware demonstrates an absence of section of the vertical frame, is not a government control, both in law and in fact, with respect to Since Hardware’s The following cash deposit basis for exclusion of the hand truck requirements will be effective upon from the scope of the petition. Finally, exports of the merchandise under review. Thus, we have determined that publication of these final results of that the hand truck may exhibit physical administrative review for all shipments characteristics in addition to the vertical Since Hardware is eligible to receive a separate rate. of subject merchandise entered, or frame, the handling area, the projecting withdrawn from warehouse, for edges or toe plate, and the two wheels Changes Since the Preliminary Results consumption on or after the publication at or near the lower section of the Based on our analysis of comments date, as provided by section 751(a)(2)(C) vertical frame, is not a basis for received, we have made the following of the Tariff Act of 1930, as amended exclusion of the hand truck from the changes in our margin calculations: (the Act): (1) for Since Hardware the scope of the petition. • We included defective hand trucks as cash deposit rate will be 119.98 percent; Examples of names commonly used to part of the total production volume. See (2) for previously investigated or reference hand trucks are hand truck, comment 2 of the decision reviewed PRC and non–PRC exporters convertible hand truck, appliance hand memorandum. truck, cylinder hand truck, bag truck, not listed above that have separate rates, oWe valued the ‘‘rubber wheel’’ input the cash deposit rate will continue to be dolly, or hand trolley. They are typically using Indian import statistics from imported under heading 8716.80.50.10 the exporter–specific rate published for harmonized tariff schedule (HTS) the most recent period; (3) for all PRC of the Harmonized Tariff Schedule of 8716.90.90. See comment 3 of the exporters of subject merchandise which the United States (HTSUS), although decision memorandum. they may also be imported under • We used the financial statement of have not been found to be entitled to a heading 8716.80.50.90. Specific parts of Rexello Castors Private Limited in separate rate, the cash deposit rate will a hand truck, namely the vertical frame, combination with that of Godrej & be the PRC–wide rate of 383.60 percent; the handling area and the projecting Boyce Manufacturing Co., Ltd., to and (4) for all non–PRC exporters of edges or toe plate, or any combination calculate ratios for selling, general and subject merchandise which have not thereof, are typically imported under administrative expenses, overhead, and received their own rate, the cash deposit heading 8716.90.50.60 of the HTSUS. profit. See comment 4 of the decision rate will be the rate applicable to the Although the HTSUS subheadings are memorandum. PRC exporter that supplied that non– provided for convenience and customs PRC exporter. These cash deposit purposes, the Department’s written • We valued the ‘‘zinc–galvanized cold– requirements will remain in effect until description of the scope is dispositive. rolled plate’’ input using HTS further notice.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29316 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

Reimbursement of Duties DEPARTMENT OF COMMERCE disclosure of which would be likely to frustrate significantly implementation of This notice also serves as a final Bureau of Industry and Security an agency action as described in 5 reminder to importers of their U.S.C. 552b(c)(9)(B) shall be exempt responsibility under 19 CFR 351.402(f) Regulations and Procedures Technical from the provisions relating to public to file a certificate regarding the Advisory Committee; Notice of meetings found in 5 U.S.C. app. 2 reimbursement of antidumping duties Partially Closed Meeting §§ 10(a)1 and 10(a)(3). The remaining prior to liquidation of the relevant The Regulations and Procedures portions of the meeting will be open to entries during this POR. Failure to Technical Advisory Committee (RPTAC) the public. comply with this requirement could will meet June 8, 2010, 9 a.m., Room For more information, call Yvette result in the Secretary’s presumption 4830, in the Herbert C. Hoover Building, Springer at (202) 482–2813. that reimbursement of antidumping 14th Street between Constitution and Dated: May 20, 2010. duties occurred and the subsequent Pennsylvania Avenues, NW., Yvette Springer, assessment of doubled antidumping Washington, DC. The Committee Committee Liaison Officer. duties. advises the Office of the Assistant [FR Doc. 2010–12517 Filed 5–24–10; 8:45 am] Secretary for Export Administration on Administrative Protective Orders BILLING CODE 3510–JT–P implementation of the Export This notice also serves as a reminder Administration Regulations (EAR) and to parties subject to administrative provides for continuing review to DEPARTMENT OF COMMERCE protective orders (APO) of their update the EAR as needed. National Oceanic and Atmospheric responsibility concerning the return or Agenda destruction of proprietary information Administration Public Session disclosed under APO in accordance RIN 0648–XW60 with 19 CFR 351.305, which continues 1. Opening remarks by the Chairman. to govern business proprietary 2. Presentation of papers or comments Marine Mammals; File No. 13599 information in this segment of the by the Public. AGENCY: proceeding. Timely written notification 3. Opening remarks by Bureau of National Marine Fisheries of the return/destruction of APO Industry and Security. Service (NMFS), National Oceanic and materials or conversion to judicial 4. Export Enforcement update. Atmospheric Administration (NOAA), protective order is hereby requested. 5. Regulations update. Commerce. Failure to comply with the regulations 6. Working group reports. ACTION: Notice; receipt of application and terms of an APO is a violation 7. Automated Export System (AES) for permit amendment. which is subject to sanction. update. SUMMARY: Notice is hereby given that This administrative review and notice Closed Session the National Ocean Service Marine are in accordance with sections 8. Discussion of matters determined to Forensic Lab (NOS Lab, Julie Carter, 751(a)(1) and 777(i) of the Act and 19 be exempt from the provisions relating Principal Investigator), 219 Fort Johnson CFR 351.213. to public meetings found in 5 U.S.C. Road, Charleston, SC 29412, has applied Dated: May 18, 2010. app. 2 §§ 10(a)(1) and 10(a)(3). for an amendment to Scientific Research Permit No. 13599. John M. Andersen, The open session will be accessible DATES: Written, telefaxed, or e-mail Acting Deputy Assistant Secretary for via teleconference to 20 participants on Antidumping and Countervailing Duty a first come, first serve basis. To join the comments must be received on or before Operations. conference, submit inquiries to Ms. June 24, 2010. Yvette Springer at ADDRESSES: Documents associated with Appendix [email protected] no later than this amendment request are available June 1, 2010. upon written request or by appointment Comment 1. Bank fees incurred on U.S. A limited number of seats will be in the following office(s): sales. available for the public session. Permits, Conservation and Education Comment 2. Whether to include Reservations are not accepted. To the Division, Office of Protected Resources, defective hand trucks as part of extent that time permits, members of the NMFS, 1315 East-West Highway, Room production volume. public may present oral statements to 13705, Silver Spring, MD 20910; phone Comment 3. How to value the input the Committee. The public may submit (301) 713–2289; fax (301) 713–0376; and ‘‘rubber wheel.’’ written statements at any time before or Southeast Region, NMFS, 263 13th after the meeting. However, to facilitate Avenue South, Saint Petersburg, Florida Comment 4. What financial statement to the distribution of public presentation 33701; phone (727) 824–5312; fax (727) use for calculating financial ratios. materials to the Committee members, 824–5309. Comment 5. How to value the input the Committee suggests that presenters Written comments on this application ‘‘zinc galvanized cold–rolled plate.’’ forward the public presentation should be submitted to the Chief, Comment 6. Whether to use Indian materials prior to the meeting to Ms. Permits, Conservation and Education import statistics denominated in U.S. Springer via e-mail. Division, at the address listed above. dollars. The Assistant Secretary for Comments may also be submitted by Administration, with the concurrence of facsimile to (301) 713–0376, or by email the delegate of the General Counsel, to [email protected]. Comment 7. Whether to adjust the formally determined on March 11, 2010, Please include the File No. in the surrogate value for domestic inland pursuant to section 10(d) of the Federal subject line of the email comment. freight to account for shipment volumes. Advisory Committee Act, as amended (5 Those individuals requesting a public [FR Doc. 2010–12565 Filed 5–24–10; 8:45 am] U.S.C. app. 2 §§ (10)(d)), that the portion hearing should submit a written request BILLING CODE 3510–DS–S of the meeting dealing with matters the to the Chief, Permits, Conservation and

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29317

Education Division at the address listed ACTION: Notice of updates to the List of territorial, tribal and/or local above. The request should set forth the National System Marine Protected Areas governments that collectively enhance specific reasons why a hearing on this (MPAs) and response to comments on conservation of the nation’s natural and application would be appropriate. nominations of existing MPAs to the cultural marine heritage and represent FOR FURTHER INFORMATION CONTACT: national system. its diverse ecosystems and resources. Jennifer Skidmore or Kate Swails, (301) Although participating sites continue to 713–2289. SUMMARY: NOAA and the Department of be managed independently, national the Interior (DOI) invited federal, state, SUPPLEMENTARY INFORMATION: The system MPAs also work together at the commonwealth, and territorial MPA subject amendment to Permit No. 13599 regional and national levels to achieve programs with potentially eligible is requested under the authority of the common objectives for conserving the Endangered Species Act of 1973, as existing MPAs to nominate their sites to nation’s important natural and cultural amended (16 U.S.C. 1531 et seq.) and the national system of MPAs (national resources, with emphasis on achieving the regulations governing the taking, system). This was the second round of the priority conservation objectives of importing, and exporting of endangered nominations, following the nomination the Framework. MPAs include sites and threatened species (50 CFR 222– of 225 sites in the initial round of with a wide range of protection, from 226). nominations, completed in April 2009. multiple use areas to no take reserves Permit No. 13599, issued on For the second round, a total of 32 where all extractive uses are prohibited. December 16, 2008 (73 FR 78724), nominations were received. Following a The term MPA refers only to the marine authorizes the permit holder to receive, 45-day public review period, 114 public portion of a site (below the mean high import, export, transfer, archive, and comments were received by the tide mark) that may include both conduct analyses of marine mammal National Marine Protected Areas Center terrestrial and marine components. and endangered species parts. Species (MPA Center) and forwarded to the The national system is a mechanism include all cetaceans, pinnipeds (except relevant managing agencies. After to foster greater collaboration among for walrus), sea turtles (in the water), review of the public comments, participating MPA sites and programs in smalltooth sawfish (Pristis pectinata), managing agencies were asked to make order to enhance stewardship in the shortnose sturgeon (Acipenser a final determination of sites to waters of the United States. brevirostrum) and white abalone nominate to the national system. All the The act of joining the national system (Haliotis sorenseni). nominations were confirmed by the does not create new MPAs, or create The permit holder is requesting the managing agencies. Finding them to be new restrictions for the existing MPAs permit be amended to include eligible for the national system, the that become members. In fact, a site additional species under NMFS MPA Center has accepted the must have existing protections of jurisdiction including Chinook nominations for 29 sites and placed natural and/or cultural resources in (Oncorhynchus tshawytscha), chum them on the List of National System place in order to be eligible to join the (Oncorhynchus keta), coho MPAs. national system, as well as meet other (Oncorhynchus kisutch) and sockeye The national system and the criteria described in the Framework. (Oncorhynchus nerka) salmon, nomination process are described in the However, joining the national system steelhead trout (Oncorhynchus mykiss), Framework for the National System of does not establish new regulatory green (Acipenser medirostris) and Gulf Marine Protected Areas of the United authority or change existing regulations (Acipenser oxyrinchus desotoi) States of America (Framework), in any way, nor does it require changes sturgeon, totoaba (Totoaba macdonaldi), developed in response to Executive affecting the designation process or and black abalone (Haliotis cracherodii). Order 13158 on Marine Protected Areas. management of member MPAs. Nor In compliance with the National The final Framework was published on does it bring state, territorial, tribal or Environmental Policy Act of 1969 (42 November 19, 2008, and provides local sites under federal authority. guidance for collaborative efforts among U.S.C. 4321 et seq.), an initial Benefits of joining the national federal, state, commonwealth, determination has been made that the system, which are expected to increase territorial, tribal and local governments activity proposed is categorically over time as the system matures, and stakeholders to develop an effective excluded from the requirement to include a facilitated means to work with and well coordinated national system prepare an environmental assessment or other sites in the MPA’s region, and that includes existing MPAs meeting environmental impact statement. nationally on issues of common national system criteria as well as new Dated: May 19, 2010. conservation concern; fostering greater sites that may be established by public and international recognition of P. Michael Payne, managing agencies to fill key U.S. MPAs and the resources they Chief, Permits, Conservation and Education conservation gaps in important ocean Division, Office of Protected Resources, protect; priority in the receipt of areas. National Marine Fisheries Service. available technical and other support for [FR Doc. 2010–12561 Filed 5–24–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: cross-cutting needs; and the opportunity BILLING CODE 3510–22–S Lauren Wenzel, NOAA, at 301–713– to influence federal and regional ocean 3100, ext. 136 or via e-mail at conservation and management [email protected]. A detailed initiatives (such as Coastal and Marine DEPARTMENT OF COMMERCE electronic copy of the List of National Spatial Planning, integrated ocean System MPAs is available for download observing systems, systematic National Oceanic and Atmospheric at http://www.mpa.gov. monitoring and evaluation, targeted Administration SUPPLEMENTARY INFORMATION: outreach to key user groups, and helping to identify and address MPA Response to Comments on the Second Background on National System Round of Nominated Sites to the research needs). In addition, the National System of MPAs The national system of MPAs is made national system provides a forum for up of member MPA sites, networks and coordinated regional planning about AGENCY: NOAA, Department of systems established and managed by place-based conservation priorities that Commerce (DOC). federal, state, commonwealth, does not otherwise exist.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29318 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

Nomination Process Updates to List of National System Existing Marine Protected Areas (MPAs) MPAs to the National System of Marine The Framework describes two major The following MPAs have been Protected Areas for public comment, for focal areas for building the national the nomination of 32 existing MPAs. By system of MPAs—a nomination process nominated by their managing programs to join the national system of MPAs. the end of the 45-day comment period, to allow existing MPAs that meet the 114 individual submissions had been entry criteria to become part of the Two nominated MPAs, Acadia National Park and Apostle Islands National received from a variety of state and system and a collaborative regional gap tribal government agencies, non- analysis process to identify areas of Lakeshore have requested additional time to consult with stakeholders and governmental organizations, industry significance for natural or cultural and conservation interests, advisory resources that may merit additional tribal governments and are not included in this round of nominations. An groups and the public. Given the protection through existing federal, breadth and multi-faceted nature of state, commonwealth, territorial, tribal additional MPA, the Queen Anne’s Revenge Shipwreck site, has withdrawn comments and recommendations or local MPA authorities. The second received, related comments have been round of nominations for the national from the nomination process. The complete List of National System MPAs, grouped below into categories to system began on August 6, 2009, when simplify responses. For each of the the MPA Center sent a letter to federal, which now includes 254 members, is available at http://www.mpa.gov. comment categories listed below, a state, commonwealth, and territorial summary of comments is provided, and MPA programs inviting them to submit Federal Marine Protected Areas a corresponding response provides an nominations of eligible MPAs to the National Parks explanation and rationale about changes national system. The deadline for that were or were not made in the nominations was November 20, 2009. A Buck Island Reef National Monument official List of National System Marine public comment period was held from Cabrillo National Monument Protected Areas (MPAs) for this second December 23, 2009 through February 22, Canaveral National Seashore round of nominated sites. 2010. Cape Cod National Seashore Comment Category 1: Purpose and There are three entry criteria for Cape Hatteras National Seashore Cape Lookout National Seashore Scope of National System existing MPAs to join the national Fire Island National Seashore Comment Category 2: Concerns with system, plus a fourth for cultural Gateway National Recreation Area Restrictions on Use, Access and heritage. Sites that meet all pertinent Golden Gate National Recreation Area Associated Economic and Cultural criteria are eligible for the national Indiana Dunes National Lakeshore Impacts system. Jean Lafitte National Historical Park and Comment Category 3: Concerns about 1. Meets the definition of an MPA as Preserve Designating an Area as an MPA defined in the Framework. Kalaupapa National Historical Park Comment Category 4: Benefits of Joining 2. Has a management plan (can be Kaloko-Honokahau National Historical the National System Comment Category 5: Support for site-specific or part of a broader Park Nomination of Specific Sites to programmatic management plan; must National Park of American Samoa National System have goals and objectives and call for Olympic National Park Comment Category 6: Nominating monitoring or evaluation of those goals Pictured Rocks National Lakeshore Salt River Bay National Historical Park Additional Sites and objectives). and Ecological Preserve Comment Category 7: Questioning 3. Contributes to at least one priority San Juan Islands National Historical Eligibility of Specific Sites for the conservation objective as listed in the Park National System, the Definition of Framework (see below). Sleeping Bear Dunes National Lakeshore ‘‘Marine’’ and the Mean High Tide 4. Cultural heritage MPAs must also Mark National Wildlife Refuges conform to criteria for the National Comment Category 8: Gap Analysis Register for Historic Places. Blackbeard Island National Wildlife Comment Category 9: Stakeholder Additional sites not currently meeting Refuge Engagement the management plan criterion can be Harris Neck National Wildlife Refuge Comment Category 10: Tribal Issues Merritt Island National Wildlife Refuge evaluated for eligibility to be nominated Pickney Island National Wildlife Refuge Comments and Responses to the system on a case-by-case basis Tybee National Wildlife Refuge Comment Category 1: Purpose and based on their ability to fill gaps in the Wassaw National Wildlife Refuge Scope of National System national system coverage of the priority Wolf National Wildlife Refuge A few comments called for more conservation objectives and design clarity about the purpose and vision of Partnership Marine Protected Areas principles described in the Framework. the national system. One respondent The MPA Center used existing Jobos Bay National Estuarine Research asked if the national system of MPAs information in the MPA Inventory to Reserve (Puerto Rico) could assist in specific local coastal determine which MPAs meet the first State Marine Protected Areas issues (e.g., coastal erosion). and second criteria. The inventory is Response: online at http://www.mpa.gov/ Virgin Islands The purpose of the national system is _ helpful resources/inventory.html, and East End Marine Park to support the effective stewardship, potentially eligible sites are posted conservation, restoration, sustainable online at http://mpa.gov/pdf/national- Washington use, and public understanding and system/allsitesumsheet120408.pdf. As San Juan County/Cypress Island Marine appreciation of the nation’s significant part of the nomination process, the Biological Preserve natural and cultural marine resources. managing entity for each potentially The national system works across all eligible site is asked to provide Response to Public Comments levels of government to address information on the third and fourth On January 7, 2010, NOAA and DOI problems that extend beyond the criteria. (agencies) published the Nomination of boundaries of a single MPA. Decisions

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29319

about national system priorities commonwealth, territorial, tribal or that has been reserved by federal, state, consider the interests of and local authorities and their associated territorial, tribal, or local laws or implications for all who use, benefit legal processes. Decisions about regulations to provide lasting protection from, and care about our marine restrictions on access and use of an for part or all of the natural and cultural environment. MPA will continue to be made by its resources therein.’’ Most MPAs in the While the national system is managing agency in accordance with the United States allow multiple uses such concerned with local coastal and ocean authority under which the MPA was as recreational and commercial fishing. issues, due to the national scope of the created and the goals and objectives of Inclusion in the national system does system and limited resources, the the MPA. Two hundred and twenty five not change how the site’s resources are national system does not focus on issues existing MPAs, approximately half managed or uses are regulated, particular to one site but rather focuses federal and half state sites, joined the including regulation of fishing. on strengthening and coordinating National System in early 2009 and none Comment Category 4: Benefits of MPAs and MPA programs. have revised their regulations as a result Joining the National System The purpose and scope of the national of this action. Summary: system, and plans for its The inclusion of an MPA into the Several comments noted that while implementation were developed with national system in no way ‘‘federalizes’’ inclusion of a site does not impose extensive stakeholder engagement from any state or local areas included within additional restrictions, they saw no 2004 through 2008. During this period, the system. Further, the inclusion of a benefit to joining the national system the Framework for the National System site in the national system of MPAs will either. of Marine Protected Areas of the United have no adverse impact on the Response: States of America (Framework) was economic or cultural aspects of a The national system provides benefits developed. Three separate public specific locale. However, it does serve to to the nation, to participating MPAs, comment periods on the document were highlight the importance of that site’s and to ocean stakeholders. Benefits to held and announced in the Federal natural and cultural resources which joining the national system include, Register and through other means. In contribute greatly to state and local among others: addition, the National Marine Protected cultural heritage and economic values. • Enhancing stewardship through Areas Center (MPA Center) held By contributing to the priority better coordination on regional and numerous meetings with stakeholders to conservation objectives in the national scales, improved public obtain input on the Framework, and Framework, each site receives awareness, and enhanced site worked closely with the Marine recognition for sustaining the natural management capacity; Protected Areas Federal Advisory and cultural resources on which local • Building partnerships for MPAs to Committee (MPA FAC) in open communities and the nation depend for work together toward common meetings on key concepts that were recreational opportunities, their conservation objectives; incorporated into the document. The livelihood and their cultural heritage. • Increasing support for marine final Framework document was Several comments cited data from the conservation through the recognition published in November 2008. MPA Inventory on restrictions on provided by the national system; Comment Category 2: Concerns with commercial and/or recreational fishing, • Priority access to resources Restrictions on Use, Access, and believing these to be newly proposed available for capacity building and Associated Economic and Cultural regulations as part of the nomination stewardship improvements; Impacts process to the national system. This is • Protecting representative Summary: not the case. The MPA Inventory ecosystems and resources from all the Most comments expressed concerns summarizes existing characteristics of nation’s ecosystem and habitat types; that the inclusion of a site in the U.S. MPAs, including existing and national system will limit access to an regulations on fishing, public access, • Providing a transparent process for area, and in particular will impose and other uses or activities. This future MPA planning that is science- additional restrictions on recreational information in the Inventory does not based and includes a commitment to fishing or boating, commercial fishing or indicate that additional restrictions are balanced stakeholder involvement. coastal industry. Several other being proposed for any site nominated These benefits will enhance comments expressed concern that the to the national system. conservation and values of resources in inclusion of a site in the national system Comment Category 3: Concerns about MPAs over time as implementation of would adversely affect the economic or Designating an Area as an MPA the national system moves forward. cultural well being of local Summary: Comment Category 5: Support for communities. Many comments were concerned that Nomination of Specific Sites to National Response: inclusion in the national system of System As noted above, the purpose of the MPAs would designate a particular site Summary: national system is to coordinate MPA as an MPA. Several comments supported the agencies to support the conservation Response: nomination of specific sites to the and management of marine resources. It A site must already meet the national system. They noted the is not intended to, nor does it have the definition of an MPA as defined by the significant ecological and cultural value authority to, impose new restrictions on Framework for the National System of of the areas, and added that the access or use. Under Executive Order Marine Protected Areas of the United participation of these sites in the 13158, ‘‘this national system framework States of America in order to be national system will lead to a and the work of the MPA Center is nominated to the national system. Many strengthening of their conservation intended to support, not interfere with, commenters appeared to assume that efforts, as well as enhancing the agencies’ independent exercise of their the term ‘‘MPA’’ refers to a fully national system. own existing authorities.’’ protected marine reserve or highly Response: MPAs will continue to be established, restricted site. In fact, an MPA is These comments support the goals of managed, regulated and revised under defined by Executive Order 13158 as Executive Order 13158, which directs each site’s existing federal, state, ‘‘Any area of the marine environment NOAA, DOI and other federal agencies

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29320 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

to sustain the ecological, cultural and connecting waters; or (d) a combination solicit input from federal, state, economic values of the nation’s ocean of the above. The term ‘‘intertidal’’ is commonwealth, territorial, tribal, and and Great Lakes resources, by understood to mean the shore zone local government partners, Fishery establishing the national system. between the mean low water and mean Management Councils, Advisory Managing agencies are responsible for high water marks. An MPA may be a Committees, stakeholder groups, and nominating their individual sites. marine component part of a larger site the general public about their Comments that support the nominations that includes uplands. However, the perspectives on the national system. of sites to the national system were terrestrial portion is not considered an The Center has limited resources that forwarded to the appropriate managing MPA.’’ cannot support extensive stakeholder agencies. NOAA and DOI recognize the critical consultation at the local and regional Comment Category 6: Nominating importance of areas above the high tide levels, but is working with its partners Additional Sites mark to marine species, resources, and and the managing agencies to reach out Summary: ecosystem processes. Examples of such to local communities to address One comment recommended areas include turtle nesting beaches and questions and uncertainties they may additional National Parks to be included seabird rookeries. The agencies have have related to the national system. The in the third round of nominations to the requested the Marine Protected Areas majority of comments opposed to the national system of MPAs. Federal Advisory Committee to develop proposed nominations relate to Response: recommendations about how to address concerns about potential restrictions on Sites must be nominated by the site’s this issue during their 2010–2011 fishing or prohibitions on access to managing agency. This comment was sessions. marine areas, and possible impacts from forwarded to the National Park Service All sites nominated to the national such restrictions. The MPA Center will for their consideration in subsequent system have geographic information continue to clarify for the public and nomination phases. system (GIS) boundaries available to the local communities that nomination to Comment Category 7: Questioning public through the MPA Inventory on the national system does not impose Eligibility of Specific Sites for the the http://www.mpa.gov Web site. In additional restrictions or propose National System, the Definition of addition, the MPA Center has recently additional regulatory authority to ‘‘Marine’’ and the Mean High Tide Mark developed an interactive MPA mapping restrict uses of marine resources. Summary: tool on the above Web site to make MPA The national system nomination Several comments questioned the boundary information easily viewable process is transparent. All nominated eligibility of sites for inclusion in the by the general public without GIS sites were published in the Federal national system. Some eligibility expertise. Register, and the general public was concerns included whether or not sites Comment Category 8: Gap Analysis invited to provide public comment on met the definition of ‘‘marine’’ and Summary: all sites nominated for inclusion in the whether a site should be included in the One comment noted support for the national system in a 45-day public national system if the area’s boundary planned MPA gap analysis process to comment period. In addition, the MPA extends only to the mean low water identify marine areas in need of greater Center used the mpa.gov web site, mark. One comment noted the protection. newsletters, listserves, and other importance of terrestrial habitats to Response: communication mechanisms to ensure marine species, such as turtles and The regional gap analysis process the widest possible outreach to the wading birds, and asked that the described in the Framework will public. The MPA Center then forwarded definition of ‘‘marine’’ be revised to identify areas in the marine all public comment to the MPA more adequately protect these species. environment that contribute to the managing entity. Because no comment Response: priority conservation objectives of the asked for an extension of the comment According to the Framework for the national system, including resources period, we believe the 45-day comment National System of Marine Protected currently represented in marine period provided adequate time to gather Areas of the United States of America protected areas. This process will more information. (Framework), a site is eligible for complement the nominations of existing Comment Category 10: Tribal Issues inclusion in the national system if the sites to the National System of MPAs by Summary: Two comments focused on site: (1) Meets the definition of an MPA providing information on resources the need to ensure that the inclusion of as defined in the Framework; (2) has a currently under management by MPA MPAs in the national system does not management plan (can be site-specific management agencies, as well as areas infringe upon Tribal treaty rights. One or part of a broader programmatic that may be in need of additional comment noted that the Tribe supported management plan); (3) contributes to at protection. NOAA and DOI are currently the nomination of a local MPA with the least one priority conservation objective developing plans for the gap analysis recognition that the Tribe will continue as listed in the Framework; and (4) process that will also support emerging to rely upon its usual and accustomed meets additional criteria for cultural information needs for Coastal and areas within the MPA for economic and heritage MPAs (conforming to criteria Marine Spatial Planning activities. subsistence activities. Another comment for the National Register for Historic Comment Category 9: Stakeholder requested a formal government to Places). Engagement government consultation on the Only the ‘‘marine’’ portion of a site is Summary: nomination of the Apostle Islands eligible for inclusion in the national Some comments were concerned that National Lakeshore. This nomination is system. According to the Framework, to the stakeholder process did not provide not included in the current round in be marine, a site ‘‘must be: (a) Ocean or enough information and time to allow order to provide additional time for the coastal waters (coastal waters may for informed response to nominations. requested tribal consultation. include intertidal areas, bays or Response: Response: estuaries); (b) an area of the Great Lakes NOAA and DOI are committed to Executive Order 13158 states that or their connecting waters; (c) an area of stakeholder engagement as an essential ‘‘This order does not diminish, affect, or submerged lands under ocean or coastal component of the national system. The abrogate Indian treaty rights or United waters or the Great Lakes or their MPA Center continues to work with and States trust responsibilities to Indian

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29321

tribes.’’ NOAA and DOI are committed • Key areas that sustain or restore high- Applicability Date: The appeal brief to consultations with tribes as part of priority fishing grounds review procedure set forth in this notice • the national system development Key areas for maintaining natural age/sex is applicable to appeal briefs filed in ex structure of important harvestable species process. • parte reexamination proceedings on or Key foraging grounds after May 25, 2010. Addendum: From ‘‘Framework for the • Key areas that mitigate the impacts of FOR FURTHER INFORMATION CONTACT: National System of Marine Protected bycatch • Areas of the United States’’ National Key areas that provide compatible Krista Zele, Case Management System Goals and Priority Conservation opportunities for education and research Administrator, Board of Patent Appeals Objectives Dated: May 17, 2010. and Interferences, by telephone at (571) Donna Wieting, 272–9797 or by electronic mail at: Goal 1: For Natural Heritage Marine [email protected]. Resources—Advance comprehensive Director, Office of Ocean and Coastal conservation and management of the nation’s Resource Management. SUPPLEMENTARY INFORMATION: Under the biological communities, habitats, ecosystems, [FR Doc. 2010–12452 Filed 5–24–10; 8:45 am] streamlined procedure for appeal brief and processes and the ecological services, BILLING CODE P review, upon the filing of an appeal uses, and values they provide to present and brief in ex parte reexamination future generations through ecosystem-based proceeding appeals, the Chief Judge will MPA approaches. DEPARTMENT OF COMMERCE review the appeal brief to determine Priority Conservation Objectives for Goal whether the appeal brief complies with 1—Conserve and manage: Patent and Trademark Office 37 CFR 41.37 before it is forwarded to • Key reproduction areas and nursery the Central Reexamination Unit or other grounds [Docket No.: PTO–P–2010–0046] • Key biogenic habitats Technology Center examiner for • Areas of high species and/or habitat Streamlined Procedure for Appeal consideration. The Chief Judge will diversity Brief Review in Ex Parte endeavor to complete this determination • Ecologically important geological Reexamination Proceedings within one month from the filing of the features and enduring/recurring appeal brief. To assist regular ex parte oceanographic features AGENCY: United States Patent and • appeal appellants in complying with 37 Critical habitat of threatened and Trademark Office, Commerce. CFR 41.37, the BPAI has previously endangered species • Unique or rare species, habitats and ACTION: Notice. posted checklists for notices of appeal associated communities and appeal briefs and a list of eight SUMMARY: The United States Patent and • Key areas for migratory species reasons ex parte appeal briefs have been • Linked areas important to life histories Trademark Office (USPTO) is held to be noncompliant, on the USPTO • Key areas that provide compatible streamlining the procedure for the Web site at: [http://www.uspto.gov/ip/ opportunities for education and research review of appeal briefs in ex parte boards/bpai/procedures/ Goal 2: For Cultural Heritage Marine reexamination proceeding appeals to guidance_noncompliant_briefs.jsp]. If Resources—Advance comprehensive increase the efficiency of the appeal the appeal brief is determined to be conservation and management of cultural process and reduce pendency of resources that reflect the nation’s maritime compliant with 37 CFR 41.37, the Chief appeals. The Chief Judge of the Board of Judge will accept the appeal brief and history and traditional cultural connections Patent Appeals and Interferences (BPAI) to the sea, as well as the uses and values they forward it to the examiner for provide to present and future generations or his designee (collectively, ‘‘Chief consideration. If the Chief Judge through ecosystem-based MPA approaches. Judge’’), will have the sole responsibility determines that the appeal brief is not Priority Conservation Objectives for Goal for determining whether appeal briefs compliant with 37 CFR 41.37 and sends 2—Conserve and manage: filed in ex parte reexamination appellant a notice of noncompliant brief • Key cultural and historic resources listed proceeding appeals comply with the requiring a corrected brief, appellant on the National Register of Historic Places applicable regulations, and will will be required to file a corrected brief (NRHP) complete the determination before the • Key cultural and historic resources within the time period set forth in the appeal brief is forwarded to the notice to avoid the dismissal of the determined eligible for the NRHP or listed on examiner for consideration. The a State Register appeal. See 37 CFR 41.37(d). The Chief • Key cultural sites that are paramount to examiner will no longer review appeal Judge will also have the sole a culture’s identity and/or survival briefs for compliance with the responsibility for determining whether • Key cultural and historic sites that may applicable regulations. The USPTO corrected briefs comply with 37 CFR be threatened expects to achieve a reduction in ex 41.37, and will address any inquiries • Key cultural and historic sites that can parte reexamination proceeding appeal and petitions regarding notices of be utilized for heritage tourism pendency as measured from the filing of • noncompliant briefs. Key cultural and historic sites that are a notice of appeal to docketing of the The Chief Judge’s responsibility for underrepresented appeal by eliminating duplicate reviews determining whether appeal briefs Goal 3: For Sustainable Production Marine by the examiner and the BPAI. We are Resources—Advance comprehensive comply with 37 CFR 41.37 is not conservation and management of the nation’s expecting further reduction in pendency considered a transfer of jurisdiction renewable living resources and their habitats because the streamlined procedure will when an appeal brief is filed, but rather (including, but not limited to, spawning, increase consistency in the is only a transfer of the specific mating, and nursery grounds and areas determination, and thereby reduce the responsibility of notifying appellant established to minimize bycatch of species) number of notices of noncompliant under 37 CFR 41.37(d) of the reasons for and the social, cultural, and economic values appeal brief and non-substantive returns non-compliance. The Patent Examining and services they provide to present and from the BPAI that require appellants to Corps retains the jurisdiction over the future generations through ecosystem-based file corrected appeal briefs in ex parte ex parte reexamination proceeding to MPA approaches. reexamination proceeding appeals. Priority Conservation Objectives for Goal consider the appeal brief, conduct an 3—Conserve and manage: DATES: Effective Date: The procedures appeal conference, draft an examiner’s • Key reproduction areas, including larval set forth in this notice are effective on answer, and decide the entry of sources and nursery grounds May 25, 2010. amendments, evidence, and information

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29322 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

disclosure statements filed after the corresponding listing of the Local DEPARTMENT OF DEFENSE final rejection or after the filing of a Redevelopment Authorities (LRA) for notice of appeal. Furthermore, petitions the Air Force Research Laboratory, Office of the Secretary concerning the refusal to enter Arizona, and portions of the Newport amendments and/or evidence remain Naval Complex, Rhode Island, Federal Advisory Committee; delegated to the Patent Examining Corps recognized by the Secretary of Defense, Department of Defense Wage as provided in the Manual of Patent acting through the Department of Committee; Closed Meeting Examining Procedure (MPEP) Defense, Office of Economic Adjustment 1002.02(b) and (c). (OEA), as well as the point of contact, AGENCY: Civilian Personnel Once the Chief Judge accepts the address, and telephone number for the Management Service (Wage and Salary appeal brief as compliant, an examiner’s LRA for each installation. Division), DoD. answer will be provided in the ex parte Representatives of State and local ACTION: Notice of meeting. reexamination proceeding if the governments, homeless providers, and examiner determines that the appeal other parties interested in the SUMMARY: should be maintained. The examiner redevelopment of the installation Pursuant to the provisions of will treat all pending, rejected claims as should contact the person or section 10 of Public Law 92–463, the being on appeal. If the notice of appeal organization listed. The following Federal Advisory Committee Act, DoD or appeal brief identifies fewer than all information will also be published announces the Department of Defense of the rejected claims as being appealed, simultaneously in a newspaper of Wage Committee will meet in closed the issue will be addressed by the BPAI general circulation in the area of the session on June 1, 2010, in Rosslyn, panel. The jurisdiction of the ex parte installation. Virginia. reexamination proceeding will be transferred to the BPAI when a DATES: Effective May 25, 2010. DATES: The meeting will be held on June 1, 2010, at 10 a.m. docketing notice is entered after the FOR FURTHER INFORMATION CONTACT: time period for filing a reply brief Director, Office of Economic ADDRESSES: The meeting will be held at expires or the examiner acknowledges Adjustment, Office of the Secretary of 1400 Key Boulevard, Level A, Room the receipt and entry of the reply brief. Defense, 400 Army Navy Drive, Suite A101, Rosslyn, Virginia 22209–5144. After taking jurisdiction, the BPAI will 200, Arlington, VA 22202–4704, (703) FOR FURTHER INFORMATION CONTACT: Mr. not return or remand the ex parte 604–6020. reexamination proceeding to the Patent Craig Jerabek, Designated Federal Examining Corps for issues related to a Local Redevelopment Authority (LRA) Officer for the Department of Defense Wage Committee, 1400 Key Boulevard, noncompliant appeal brief. Arizona This notice does not apply to inter Suite A105, Arlington, Virginia 22209– partes reexamination proceedings. The Installation Name: Air Force Research 5144, Telephone: (703) 696–1735, Fax: Office is considering a streamlined Laboratory. (703) 696–5472, E-mail: procedure for review of briefs filed in LRA Name: City of Mesa. [email protected]. inter partes reexamination proceedings, in which the Chief Judge will also have Point of Contact: Patrick Murphy, SUPPLEMENTARY INFORMATION: Under the the sole responsibility for determining Project Manager, City of Mesa Economic provisions of section 10(d) of the whether briefs filed in inter partes Development. Federal Advisory Committee Act of reexamination proceedings comply with Address: 20 E. Main Street, Suite 200, 1972, Public Law 92–463, it is hereby 37 CFR 41.37, 41.67, 41.68, and 41.71. P.O. Box 1466, Mesa, AZ 85211–1466. determined that every Wage Committee Dated: May 18, 2010. Phone: (480) 644–3964. meeting concerns matters listed in 5 David J. Kappos, U.S.C. 552b(c)(2) and 5 U.S.C. E-mail address: 552b(c)(4), and that, accordingly, the Under Secretary of Commerce for Intellectual [email protected]. Property and Director of the United States meeting will be closed to the public. Patent and Trademark Office. Rhode Island Purpose of Meeting [FR Doc. 2010–12534 Filed 5–24–10; 8:45 am] Installation Name: Newport Naval BILLING CODE 3510–16–P The Committee will receive, review, Complex. and consider wage survey LRA Name: Aquidneck Island Reuse specifications, wage survey data, local DEPARTMENT OF DEFENSE Planning Authority (AIRPA). wage survey committee reports and Point of Contact: Tina Dolen, recommendations, and wage schedules Office of the Secretary Executive Director, Aquidneck Island derived there from. Reuse Planning Authority. Base Closure and Realignment Request for Waiver Address: 437 Broadway, Newport, RI AGENCY: Office of Economic 02840–1739. Due to unforeseen difficulties, the Adjustment, DoD. Phone: (401) 845–9299. Designated Federal Officer was unable ACTION: Notice. to process the Federal Register notice E-mail Address: for the June 1, 2010, meeting of the SUMMARY: This notice is provided [email protected]. pursuant to section 2905(b)(7)(B)(ii) of Department of Defense Wage the Defense Base Closure and Dated: May 20, 2010. Committee, as required by 41 CFR 102– Realignment Act of 1990. It provides a Mitchell S. Bryman, 3.150(a). Accordingly, the Committee partial list of military installations Alternate OSD Federal Register Liaison Management Officer for the Department closing or realigning pursuant to the Officer, Department of Defense. of Defense, pursuant to 41 CFR 102– 2005 Base Closure and Realignment [FR Doc. 2010–12521 Filed 5–24–10; 8:45 am] 3.150(b), waives the 15-calendar day (BRAC) Report. It also provides a BILLING CODE 5001–06–P notification requirement.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29323

Dated: May 20, 2010. Miramar, 10301 Scripps Lake Drive, San changes to personnel in support of Mitchell S. Bryman, Diego, CA. basing; and conducting F–35B training Alternate OSD Federal Register Liaison (2) June 17, 2010, 4 p.m. to 7 p.m., at and readiness operations in existing Officer, Department of Defense. Gila Vista Junior High School, 2245 S. airspace and on existing ranges to [FR Doc. 2010–12522 Filed 5–24–10; 8:45 am] Arizona Ave., Yuma, AZ. ensure pilots attain and maintain BILLING CODE 5001–06–P Attendees will be able to submit combat ready status. The eight F/A–18 written comments at the public squadrons to be replaced are currently meetings. A stenographer will be authorized for basing at Marine Corps DEPARTMENT OF DEFENSE present to transcribe oral comments; Air Station (MCAS) Miramar. The four however, to ensure the accuracy of the AV–8B squadrons are based at MCAS Department of the Navy record, all statements should be Yuma. submitted in writing. Equal weight will Notice of Public Hearings of the Draft be given to oral and written statements. Purpose and Need Environmental Impact Statement for All statements, oral transcription and The purpose of the Proposed Action Basing the U.S. Marine Corps Joint written, submitted during the public is to efficiently and effectively maintain Strike Fighter F–35B on the West review period will become part of the combat capability and mission readiness Coast public record on the Draft EIS and will as the Marine Corps faces increased be responded to in the Final EIS. deployments across a spectrum of AGENCY: Department of the Navy, DoD. Comments may also be submitted by conflicts, and a corresponding increased ACTION: Notice. regular U.S. mail or electronically as difficulty in maintaining an aging legacy described below. aircraft inventory. The need for the SUMMARY: Pursuant to section (102)(2)(c) ADDRESSES: A copy of the Draft EIS is proposed action is to replace aging of the National Environmental Policy available at the project Web site, legacy aircraft and integrate the Act (NEPA) of 1969, and regulations http://www.usmcjsfwest.com, and at the operational and OT&E F–35B squadrons implemented by the Council on local libraries identified at the end of into the existing Marine Corps Environmental Quality (40 Code of this notice. Comments on the Draft EIS command and organizational structure. Federal Regulations [CFR] parts 1500– can be submitted via the project Web This action would also ensure that the 1508), Department of Navy (DoN) NEPA site, or submitted in writing to: Naval Marine Corps’ aircrews benefit from the regulations (32 CFR part 775), and U.S. Facilities Engineering Command aircraft’s major technological Marine Corps (USMC) NEPA directives Southwest, Attn: JSF EIS Project improvements and enhanced training (Marine Corps Order P5090.2A, changes Manager, 1220 Pacific Highway, San and readiness requirements. 1 and 2), DoN has prepared and filed Diego, California 92132–5190. Mailed with the U.S. Environmental Protection Alternatives Considered in the Draft comments must be postmarked by July Agency (EPA) a Draft Environmental EIS 6, 2010, and electronic comments must Impact Statement (EIS) that evaluates be submitted on or before July 6, 2010, The proposed F–35B squadrons the potential environmental to be considered in this environmental would be split between two aviation consequences that may result from the review process. facilities. Evaluations were made of the basing of the F–35B Joint Strike Fighter following five split-basing alternatives. (JSF) on the West Coast of the United FOR FURTHER INFORMATION CONTACT: Ms. • Alternative 1 (Preferred)—Six States. Adrianne Saboya, Environmental operational squadrons at MCAS Planner, Central Integrated Product With the filing of the Draft EIS, DoN Miramar in San Diego County, Team at telephone: 619–532–4742, by is initiating a 46-day public comment California, and five operational fax: 619–532–4160 or write to Naval period and has scheduled two public squadrons plus one OT&E squadron at Facilities Engineering Command comment meetings to receive oral and MCAS Yuma in southwestern Arizona. Southwest, Attn: Ms. Adrianne Saboya, • written comments on the Draft EIS. Alternative 2—Four operational 1220 Pacific Highway, San Diego, Federal, State and local agencies, and squadrons at MCAS Miramar and seven California 92132–5190. interested parties are encouraged to operational squadrons plus one OT&E provide comments in person at any of SUPPLEMENTARY INFORMATION: A Notice squadron at MCAS Yuma. • the public comment meetings, or in of Intent (NOI) for the EIS was Alternative 3—Seven operational writing anytime during the public published in the Federal Register on squadrons plus one OT&E squadron at comment period. This notice announces January 19, 2009 (Vol. 74, No. 10, p. MCAS Miramar and four operational the date and location of the public 2515). squadrons at MCAS Yuma. • Alternative 4—One operational meetings and provides supplementary Proposed Action information about the environmental squadron plus one OT&E squadron at The proposed action would base up to planning effort. MCAS Miramar and ten operational 11 operational F–35B squadrons and 1 squadrons at MCAS YUMA. DATES: The Draft EIS public review Operational Test and Evaluation (OT&E) • Alternative 5—Ten operational period will begin May 21, 2010, and end squadron (184 aircraft) on the West squadrons at MCAS Miramar and one on July 6, 2010. Each of the two public Coast, and would replace eight F/A–18 operational squadron plus one OT&E meetings will be conducted as an squadrons (126 aircraft) and four AV–8B squadron at MCAS Yuma. informational open house. Individuals squadrons (56 aircraft) currently Under all basing alternatives, MCAS will have the opportunity to review the authorized for basing on the West Coast. Miramar would lose eight F/A–18 information presented in the Draft EIS. The proposed action also includes squadrons and MCAS Yuma would lose Marine Corps and Navy representatives construction and/or renovation of four AV–8B squadrons. Construction of will be available to clarify information airfield facilities necessary to an auxiliary landing field within the related to the Draft EIS. Public comment accommodate and maintain the F–35B Barry M. Goldwater Range West, as well meetings will be held: squadrons, including construction of an as operations within the Bob Stump (1) June 15, 2010, 5 p.m. to 8 p.m., at auxiliary landing field on the Barry M. Training Range Complex and Barry M. Scripps-Miramar Ranch Library Goldwater Range West in Arizona; Goldwater Range East are included as

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29324 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

part of each basing alternative. A sixth The other alternatives have similar Under the PSP, contractors that have alternative, No Action, assumes no types and levels of impacts, with the demonstrated exemplary performance, aircraft would be replaced, aircraft most extensive unavoidable impacts at the corporate level; in the areas of operations would continue at the occurring at MCAS Miramar under cost, schedule, performance, quality, current level, and no infrastructure Alternative 5 (10 operational squadrons and business relations would be granted improvements or personnel changes at MCAS Miramar, 1 operational and 1 Preferred Supplier Status (PSS). related to basing the F–35B aircraft on OT&E squadron at MCAS Yuma) related Contractors that achieved PSS would the West Coast would occur. to the loss of an area supporting vernal receive more favorable contract terms Potential impacts were evaluated in pool habitat and associated federally and conditions in DON contracts. Upon the Draft EIS under all alternatives for listed species. approval of the policy by the Assistant Secretary of the Navy for Research, the following resources: airfields and Schedule airspace; noise; air quality; safety and Development and Acquisition, DON environmental health; land use; The Notice of Availability publication will initiate the pilot phase of the PSP. infrastructure and utilities; in the Federal Register and local print DATES: DON invites interested parties socioeconomics; community facilities media starts the 46-day public comment from both the public and private sectors and services; ground traffic and period for the Draft EIS. DoN will to provide comments to be considered transportation; environmental justice; consider and respond to all written and in the formulation of the final policy hazardous materials management; electronic comments, including e-mail, letter. In particular, DON encourages biological resources; topography, submitted as described above in respondents to offer their views as geology and soils; water resources; and preparing the Final EIS. DoN intends to discussed below, in Section D, cultural and traditional resources. issue the Final EIS in September 2010, ‘‘Solicitation of Public Comment.’’ The preferred alternative would result at which time an NOA will be published Interested parties should submit in a reduction of 30 aircraft and 635 in the Federal Register and local print comments, in writing, to the address military personnel at MCAS Miramar media. A Record of Decision is expected below, on or before July 15, 2010. and an increase of 32 aircraft and 491 in December 2010. Copies of the Draft ADDRESSES: Comments may be military personnel at MCAS Yuma. New EIS can be found on the project Web submitted by any of the following support facilities at MCAS Miramar site, http://www.usmcjsfwest.com or at methods: would include two new hangars, the following locations: Federal eRulemaking Portal: http:// helipad and apron expansion, wash (1) San Diego County Public Library www.regulations.gov. racks and rinse facilities, a simulator Fallbrook Branch, 124 S. Mission Road, E-mail: [email protected]. facility, and a runway upgrade. New Fallbrook, CA 92028, telephone: 760– Facsimile: 703–614–9394. support facilities at MCAS Yuma would 728–2373, Mail: DASN (A&LM), ATTN: Clarence include four new hangars, modifications (2) San Diego Public Library Mira Belton, 1000 Navy Pentagon, Room to an existing hangar, new wash racks, Mesa Branch, 8405 New Salem Street, BF992, Washington, DC 20350–1000. runway upgrades, enlisted quarters and San Diego, CA 92126, telephone: 858– Instructions: Please submit comments dining facility, a simulator facility, new 538–8165, only and cite ‘‘Proposed DON PSP parking apron, and other minor (3) Scripps-Miramar Ranch Library Policy Letter’’ in all correspondence. All infrastructure improvements. Miramar, 10301 Scripps Lake Drive, San comments received will be posted, Environmental consequences of the Diego, CA 92131, telephone: 858–538– without change or redaction, to http:// proposed action would principally arise 8158, www.regulations.gov, so commenters from construction; impacts from (4) Yuma County Library Heritage should not include information that operation of the F–35B would be Branch (Main Library) 350 Third they do not wish to be posted (for relatively minor. The Draft EIS Avenue, Yuma, AZ 85364, telephone: example, personal or business- enumerates an array of conservation and 928–782–1871. confidential). construction measures and features of Dated: May 18, 2010. FOR FURTHER INFORMATION CONTACT: project design and planning that would A.M. Vallandingham, Clarence Belton, 703–693–4006 or avoid and minimize most potential Lieutenant Commander, Judge Advocate [email protected]. impacts. The proposed action would General’s Corps, U.S. Navy, Federal Register SUPPLEMENTARY INFORMATION: fully comply with regulatory Liaison Officer. requirements for the protection of [FR Doc. 2010–12525 Filed 5–24–10; 8:45 am] A. Background environmental resources. BILLING CODE 3810–FF–P Companies in the private sector that Unavoidable impacts of implementing have implemented PSPs have the preferred alternative include significantly improved performance. construction impacts on biological DEPARTMENT OF DEFENSE Cash flow, profit, and contract terms resources at MCAS Miramar, especially and conditions that reduce contractor one threatened (Coastal California Department of the Navy costs and risk are powerful incentives Gnatcatcher) and one endangered that can be used to motivate contractors Preferred Supplier Program (PSP) species (San Diego Fairy Shrimp), and to perform at a high level. DON and its loss of 0.05 acres of vernal pool habitat. AGENCY: Department of the Navy, DoD. contractors negotiate these key Construction of an auxiliary landing ACTION: Notice of proposed policy letter. components of the business field at the Barry M. Goldwater Range arrangement contract by contract. As a West would affect habitat for a species SUMMARY: The Deputy Assistant result of this decentralized and (flat-tailed horned lizard) proposed for Secretary of the Navy, Acquisition and individual approach, DON loses an listing as threatened. A Biological Logistics Management (DASN (A&LM)), extremely important opportunity. This Assessment has been submitted to the is soliciting comments that the policy would establish the PSP to U.S. Fish & Wildlife Service in Department of the Navy (DON) may use recover that opportunity through the use compliance with Section 7 of the in drafting a policy that will establish a of favorable contract terms and Endangered Species Act. Preferred Supplier Program (PSP). conditions that would be available to

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29325

Preferred Suppliers (i.e., suppliers that If a contractor provides 1. What clauses are currently being have demonstrated exemplary documentation sufficient to establish used in government subcontracts, and performance, at the corporate level, in that it has an Energy Efficiency Program, commercial contracts and subcontracts, the areas of cost, schedule, performance, it will receive an additional star, up to to incentivize superior performance, at quality, and business relations). a maximum rating of 5 Stars. A 5-Star the corporate level, in the areas of cost, The proposed policy is now in the rating can only be achieved if the schedule, performance, quality, and conceptual stage. After consideration of contractor maintains an active Energy business relations? the comments, DON may publish a draft Efficiency Program, and otherwise has 2. What solicitation provisions, proposed policy letter for additional received a 4-Star rating. Failure to contract clauses, and performance public comments. demonstrate an active Energy Efficiency incentives will provide contractors with Program will not diminish the the greatest motivation to achieve PSS? C. Proposed Policy Letter Concepts contractor’s PSP rating. 3. Energy Efficiency is a critical DON The general outline of the pilot phase During each fiscal year, DASN requirement significantly impacting the of the PSP, to be established under the (A&LM) shall reassess and rate the top successful achievement of DON’s proposed policy letter, is set forth 25 DON contractors. The top 25 DON missions. How should a contractor’s use below. contractors will be determined by the of energy, as it relates to the entire life- DASN (A&LM) shall be responsible value of contract awards for the most cycle of a product—design, for the assessment of contractors under recent fiscal year. Other contractors may manufacture, use, maintenance, and the PSP. DASN (A&LM) will confer PSS apply to join the PSP. DASN (A&LM) disposal—be considered in the at the corporate level, and will not rate shall evaluate all applicants currently designation of Preferred Suppliers? individual affiliates or subdivisions of eligible for assessment in CPARS using 4. Is there any other aspect of the corporations. the same process as it does to evaluate proposed PSP on which you wish to DASN (A&LM) shall use the the top 25 contractors. DASN (A&LM) comment? Contractor Performance Assessment will establish a 30-day application Dated: May 18, 2010. Reporting System (CPARS) as the period that will begin no later than A.M. Vallandingham, baseline data during the pilot phase of October 1, annually. Lieutenant Commander, Office of the Judge the PSP. In the course of the pilot phase, In negotiating contracts with Preferred Advocate General, U.S. Navy, Federal DON also will identify other sources of Suppliers, DON contracting officers will Register Liaison Officer. data, including information available to be authorized to offer some or all of the [FR Doc. 2010–12524 Filed 5–24–10; 8:45 am] Navy program offices and government following more favorable contract terms BILLING CODE 3810–FF–P contract administration organizations and conditions: that the Department may use to Æ More favorable progress payments. supplement CPARS data in Æ Recognition of PSS in the DEPARTMENT OF EDUCATION implementing the PSP. The factors that development of profit or fee based upon DASN (A&LM) will use to assess weighted guidelines. Submission for OMB Review; contractors during the pilot phase Æ Tailored contract reporting Comment Request include, at a minimum, the following requirements. AGENCY: Department of Education. CPARS areas: Æ Special award fee pools. Technical (Quality of Product). SUMMARY: The Acting Director, PSS shall not be used as a factor or Information Collection Clearance Schedule. sub-factor in any source selection. Cost Control. Division, Regulatory Information However, where the contracting officer Management Services, Office of Management Responsiveness. has a reasonable belief that a Preferred Management of Key Personnel. Management invites comments on the Supplier may submit a bid or proposal, submission for OMB review as required Utilization of Small Business. the solicitation shall contain terms and Other CPARS Factors as Appropriate. by the Paperwork Reduction Act of conditions that will be applicable, after 1995. DASN (A&LM) shall assess Energy award, only if the successful offeror is Efficiency for all contractors as an a Preferred Supplier. DATES: Interested persons are invited to ‘‘excellence factor,’’ in addition to the These special terms and conditions, submit comments on or before June 24, areas above. applicable to contracts with Preferred 2010. During the pilot phase of the PSP, Suppliers, shall be consistent with the ADDRESSES: Written comments should DON will use a 5-star system based limitations specified in regulations be addressed to the Office of upon the 5-color ratings used in CPARS, promulgated pursuant to the Federal Information and Regulatory Affairs, as follows: Acquisition Regulatory System. Attention: Education Desk Officer, Office of Management and Budget, 725 CPARS PSP D. Solicitation of Public Comment 17th Street, NW., Room 10222, New Executive Office Building, Washington, Red ...... 0 DON invites interested parties from Yellow ...... 1 both the public and private sectors to DC 20503, be faxed to (202) 395–5806 or Green ...... 2 provide comments for consideration in e-mailed to Purple ...... 3 the formulation of a policy letter [email protected] with a Dark Blue ...... 4 establishing the PSP. In particular, DON cc: to [email protected]. seeks to better understand how to SUPPLEMENTARY INFORMATION: Section DON will use the CPARS conversion incentivize contractors, at the corporate 3506 of the Paperwork Reduction Act of table above, based upon CPARS data, level, to achieve sustained superior 1995 (44 U.S.C. Chapter 35) requires and, as appropriate, other sources of performance in the areas of cost, that the Office of Management and information and weighting factors. schedule, performance, quality, and Budget (OMB) provide interested Contractors must achieve at least a 3- business relations. Accordingly, DON Federal agencies and the public an early Star rating to be designated as a welcomes feedback regarding the opportunity to comment on information Preferred Supplier. following questions. collection requests. OMB may amend or

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29326 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

waive the requirement for public click on ‘‘Download Attachments ’’ to need for, and proposed use of, the consultation to the extent that public view. Written requests for information information; (5) Respondents and participation in the approval process should be addressed to U.S. Department frequency of collection; and (6) would defeat the purpose of the of Education, 400 Maryland Avenue, Reporting and/or Recordkeeping information collection, violate State or SW., LBJ, Washington, DC 20202–4537. burden. OMB invites public comment. Federal law, or substantially interfere Requests may also be electronically The Department of Education is with any agency’s ability to perform its mailed to the Internet address especially interested in public comment statutory obligations. The Acting [email protected] or faxed to 202– addressing the following issues: (1) Is Director, Information Collection 401–0920. Please specify the complete this collection necessary to the proper Clearance Division, Regulatory title of the information collection when functions of the Department; (2) will Information Management Services, making your request. this information be processed and used Office of Management, publishes that Comments regarding burden and/or in a timely manner; (3) is the estimate notice containing proposed information the collection activity requirements of burden accurate; (4) how might the collection requests prior to submission should be electronically mailed to Department enhance the quality, utility, of these requests to OMB. Each [email protected]. Individuals who and clarity of the information to be proposed information collection, use a telecommunications device for the collected; and (5) how might the grouped by office, contains the deaf (TDD) may call the Federal Department minimize the burden of this following: (1) Type of review requested, Information Relay Service (FIRS) at collection on the respondents, including e.g. new, revision, extension, existing or 1–800–877–8339. through the use of information reinstatement; (2) Title; (3) Summary of [FR Doc. 2010–12578 Filed 5–24–10; 8:45 am] technology. the collection; (4) Description of the BILLING CODE 4000–01–P Dated: May 20, 2010. need for, and proposed use of, the Tomakie Washington, information; (5) Respondents and Acting Director, Information Collection frequency of collection; and (6) DEPARTMENT OF EDUCATION Clearance Division, Regulatory Information Reporting and/or Recordkeeping Management Services, Office of Management. Notice of Proposed Information burden. OMB invites public comment. Collection Requests Office of Special Education and Dated: May 19, 2010. Rehabilitative Services James Hyler, AGENCY: Department of Education. SUMMARY: The Acting Director, Type of Review: Extension. Acting Director, Information Collection Title: Protection and Advocacy for Information Collection Clearance Clearance Division, Regulatory Information Assistive Technology (PAAT) Program Division, Regulatory Information Management Services Office of Management. Assurances. Management Services, Office of Office of Postsecondary Education Frequency: Annually. Management, invites comments on the Affected Public: Not-for-profit Type of Review: New. proposed information collection institutions; State, Local, or Tribal Title: American Indian Tribally requests as required by the Paperwork Gov’t, SEAs or LEAs. Controlled Colleges and Universities Reduction Act of 1995. Reporting and Recordkeeping Hour Program DATES: Interested persons are invited to Burden: Frequency: Annually. submit comments on or before July 26, Responses: 57. Affected Public: Not-for-profit 2010. Burden Hours: 9. institutions. SUPPLEMENTARY INFORMATION: Section Abstract: This information collection Reporting and Recordkeeping Hour 3506 of the Paperwork Reduction Act of instrument will be used by grantees to Burden: 1995 (44 U.S.C. Chapter 35) requires request funds to carry out the PAAT Responses: 31. that the Office of Management and program. PAAT is mandated by the Burden Hours: 368. Budget (OMB) provide interested Assistive Technology Act of 1998, as Abstract: The information is required Federal agencies and the public an early amended in 2004 (AT Act), to provide of institutions of higher education that opportunity to comment on information protection and advocacy services to apply for grants under the Tribally collection requests. OMB may amend or individuals with disabilities for the Controlled Colleges and Universities waive the requirement for public purposes of assisting in the acquisition, Program authorized under Title III, Part consultation to the extent that public utilization, or maintenance of assistive A of the Higher Education Act of 1965, participation in the approval process technology or assistive technology as amended. This information will be would defeat the purpose of the services. used in making funding information collection, violate State or Requests for copies of the proposed recommendations. Federal law, or substantially interfere information collection request may be This information collection is being with any agency’s ability to perform its accessed from http://edicsweb.ed.gov, submitted under the Streamlined statutory obligations. The Acting by selecting the ‘‘Browse Pending Clearance Process for Discretionary Director, Information Collection Collections’’ link and by clicking on link Grant Information Collections (1894– Clearance Division, Regulatory number 4306. When you access the 0001). Therefore, the 30-day public Information Management Services, information collection, click on comment period notice will be the only Office of Management, publishes that ‘‘Download Attachments’’ to view. public comment notice published for notice containing proposed information Written requests for information should this information collection. collection requests prior to submission be addressed to U.S. Department of Requests for copies of the information of these requests to OMB. Each Education, 400 Maryland Avenue, SW., collection submission for OMB review proposed information collection, LBJ, Washington, DC 20202–4537. may be accessed from http:// grouped by office, contains the Requests may also be electronically edicsweb.ed.gov, by selecting the following: (1) Type of review requested, mailed to [email protected] or faxed ‘‘Browse Pending Collections’’ link and e.g. new, revision, extension, existing or to 202–401–0920. Please specify the by clicking on link number 4301. When reinstatement; (2) Title; (3) Summary of complete title of the information you access the information collection, the collection; (4) Description of the collection when making your request.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29327

Comments regarding burden and/or and retention of highly qualified special (c) Is integrated and aligned, to the the collection activity requirements education teachers. maximum extent possible, with State should be electronically mailed to In order to meet this priority an plans and activities under the [email protected]. Individuals who applicant must demonstrate that the Elementary and Secondary Education use a telecommunications device for the project for which it seeks funding—(1) Act of 1965, as amended (ESEA); the deaf (TDD) may call the Federal Provides professional development Rehabilitation Act of 1973, as amended; Information Relay Service (FIRS) at activities that improve the knowledge and the Higher Education Act of 1965, 1–800–877–8339. and skills of personnel as defined in as amended (HEA); [FR Doc. 2010–12577 Filed 5–24–10; 8:45 am] section 651(b) of IDEA in delivering (d) Describes a partnership agreement BILLING CODE 4000–01–P scientifically-based instruction to meet that is in effect for the period of the the needs of, and improve the grant, which agreement must specify— performance and achievement of (i) The nature and extent of the DEPARTMENT OF EDUCATION infants, toddlers, preschoolers, and partnership described in accordance children with disabilities; (2) with section 652(b) of IDEA and the Office of Special Education and Implements practices to sustain the respective roles of each member of the Rehabilitative Services; Overview knowledge and skills of personnel who partnership, including, if applicable, an Information; State Personnel have received training in scientifically- individual, entity, or agency other than Development Grants (SPDG) Program based instruction; and (3) Implements the SEA that has the responsibility Notice Inviting Applications for New strategies that are effective in promoting under State law for teacher preparation Awards for Fiscal Year (FY) 2010 the recruitment, hiring, and retention of and certification; and highly qualified special education (ii) How the SEA will work with other Catalog of Federal Domestic Assistance teachers in accordance with section persons and organizations involved in, (CFDA) Number: 84.323A. 602(10) and section 612(a)(14) of IDEA. and concerned with, the education of DATES: Projects funded under this priority children with disabilities, including the Applications Available: May 25, 2010. must also: respective roles of each of the persons Deadline for Transmittal of (a) Budget for a three-day Project and organizations; Applications: July 9, 2010. Directors’ meeting in Washington, DC (e) Describes how the strategies and Deadline for Intergovernmental during each year of the project; activities the SEA uses to address Review: September 7, 2010. (b) Budget $4,000 annually for identified professional development and personnel needs will be coordinated Full Text of Announcement support of the State Personnel Development Grants Program Web site with activities supported with other I. Funding Opportunity Description currently administered by the public resources (including funds provided under Part B and Part C of Purpose of Program: The purpose of University of Oregon (http:// IDEA and retained for use at the State this program, authorized by the www.signetwork.org); and level for personnel and professional Individuals with Disabilities Education (c) If a project receiving assistance development purposes) and private Act, as amended (IDEA), is to assist under this program authority maintains a Web site, include relevant information resources; State educational agencies (SEAs) in (f) Describes how the SEA will align and documents in a form that meets a reforming and improving their systems its personnel development plan with the government or industry-recognized for personnel preparation and plan and application submitted under standard for accessibility. professional development in early sections 1111 and 2112, respectively, of Statutory Requirements. intervention, educational, and transition the ESEA; services in order to improve results for State Personnel Development Plan. (g) Describes strategies the SEA will children with disabilities. An applicant must submit a State use to address the identified Priority: This priority is from the Personnel Development Plan that professional development and notice of final priority for this program, identifies and addresses the State and personnel needs and how such published in the Federal Register on local needs for personnel preparation strategies will be implemented, June 9, 2006 (71 FR 33578). and professional development of including— Absolute Priority: For FY 2010 and personnel, as well as individuals who (i) A description of the programs and any subsequent year in which we make provide direct supplementary aids and activities that will provide personnel awards from the list of unfunded services to children with disabilities, with the knowledge and skills to meet applicants from this competition, this and that— the needs of, and improve the priority is an absolute priority. Under 34 (a) Is designed to enable the State to performance and achievement of, CFR 75.105(c)(3) we consider only meet the requirements of section infants, toddlers, preschoolers, and applications that meet this priority. 612(a)(14) and section 635(a)(8) and (9) children with disabilities; and This priority is: State Personnel of IDEA; (ii) How such strategies will be Development Grants Program Priority: (b) Is based on an assessment of State integrated, to the maximum extent The Assistant Secretary establishes a and local needs that identifies critical possible, with other activities supported priority to assist SEAs in reforming and aspects and areas in need of by grants funded under section 662 of improving their personnel preparation improvement related to the preparation, IDEA; and professional development systems ongoing training, and professional (h) Provides an assurance that the for teachers, principals, administrators, development of personnel who serve SEA will provide technical assistance to related services personnel, infants, toddlers, preschoolers, and local educational agencies (LEAs) to paraprofessionals, and early children with disabilities within the improve the quality of professional intervention personnel. The intent of State, including— development available to meet the this priority is to improve educational (i) Current and anticipated personnel needs of personnel who serve children results for children with disabilities vacancies and shortages; and with disabilities; through the delivery of high quality (ii) The number of preservice and (i) Provides an assurance that the SEA instruction and the recruitment, hiring inservice programs; will provide technical assistance to

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29328 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

entities that provide services to infants (m) Other providers of professional improve teaching practices and student and toddlers with disabilities to development who work with infants, academic achievement; improve the quality of professional toddlers, preschoolers, and children (ii) Improve the knowledge of special development available to meet the with disabilities; education and regular education needs of personnel serving those (n) Other individuals; and teachers and principals and, in children; (o) An individual, entity, or agency as appropriate cases, paraprofessionals, (j) Describes how the SEA will recruit a partner in accordance with section concerning effective instructional and retain highly qualified teachers and 652(b)(3) of IDEA, if State law assigns practices, that— other qualified personnel in geographic responsibility for teacher preparation (A) Provide training in how to teach areas of greatest need; and certification to an individual, and address the needs of children with (k) Describes the steps the SEA will entity, or agency other than the SEA. different learning styles and children take to ensure that economically Use of Funds. who are limited English proficient; disadvantaged and minority children (a) Professional Development (B) Involve collaborative groups of are not taught at higher rates by teachers Activities—Consistent with the absolute teachers, administrators, and, in who are not highly qualified; and priority announced in this notice, each appropriate cases, related services (l) Describes how the SEA will assess, SEA that receives a grant under this personnel; on a regular basis, the extent to which program must use the grant funds to (C) Provide training in methods of— the strategies implemented have been support activities in accordance with (I) Positive behavioral interventions effective in meeting the performance the State’s Personnel Development Plan, and supports to improve student goals described in section 612(a)(15) of including one or more of the following: behavior in the classroom; IDEA. (1) Carrying out programs that provide (II) Scientifically based reading Partnerships. support to both special education and instruction, including early literacy Required Partners. regular education teachers of children instruction; Applicants must establish a with disabilities and principals, such as (III) Early and appropriate partnership with LEAs and other State programs that— interventions to identify and help agencies involved in, or concerned with, (i) Provide teacher mentoring, team children with disabilities; the education of children with teaching, reduced class schedules and (IV) Effective instruction for children disabilities, including— case loads, and intensive professional with low-incidence disabilities; (a) Not less than one institution of development; (V) Successful transitioning to higher education; and (ii) Use standards or assessments for postsecondary opportunities; and (b) The State agencies responsible for guiding beginning teachers that are (VI) Classroom-based techniques to administering Part C of IDEA, early consistent with challenging State assist children prior to referral for education, child care, and vocational student academic achievement and special education; rehabilitation programs. functional standards and with the (D) Provide training to enable Other Partners. requirements for professional personnel to work with and involve An SEA must work in partnership development, as defined in section 9101 parents in their child’s education, with other persons and organizations of the ESEA; and including parents of low income and involved in, and concerned with, the (iii) Encourage collaborative and limited English proficient children with education of children with disabilities, consultative models of providing early disabilities; which may include— intervention, special education, and (E) Provide training for special (a) The Governor; related services. education personnel and regular (b) Parents of children with (2) Encouraging and supporting the education personnel in planning, disabilities ages birth through 26; training of special education and regular developing, and implementing effective (c) Parents of nondisabled children education teachers and administrators and appropriate individualized ages birth through 26; to effectively use and integrate education programs (IEPs); and (d) Individuals with disabilities; technology— (F) Provide training to meet the needs (e) Parent training and information (i) Into curricula and instruction, of students with significant health, centers or community parent resource including training to improve the ability mobility, or behavioral needs prior to centers funded under sections 671 and to collect, manage, and analyze data to serving those students; 672 of IDEA, respectively; improve teaching, decisionmaking, (iii) Train administrators, principals, (f) Community-based and other school improvement efforts, and and other relevant school personnel in nonprofit organizations involved in the accountability; conducting effective IEP meetings; and education and employment of (ii) To enhance learning by children (iv) Train early intervention, individuals with disabilities; with disabilities; and preschool, and related services (g) Personnel as defined in section (iii) To effectively communicate with providers, and other relevant school 651(b) of IDEA; parents. personnel in conducting effective (h) The State advisory panel (3) Providing professional individualized family service plan established under Part B of IDEA; development activities that— (IFSP) meetings. (i) The State interagency coordinating (i) Improve the knowledge of special (4) Developing and implementing council established under Part C of education and regular education initiatives to promote the recruitment IDEA; teachers concerning— and retention of highly qualified special (j) Individuals knowledgeable about (A) The academic and developmental education teachers, particularly vocational education; or functional needs of students with initiatives that have proven effective in (k) The State agency for higher disabilities; or recruiting and retaining highly qualified education; (B) Effective instructional strategies, teachers, including programs that (l) Noneducational public agencies methods, and skills, and the use of State provide— with jurisdiction in the areas of health, academic content standards and student (i) Teacher mentoring from exemplary mental health, social services, and academic achievement and functional special education teachers, principals, juvenile justice; standards, and State assessments, to or superintendents;

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29329

(ii) Induction and support for special requirements are aligned with disabilities to improve instructional education teachers during their first challenging State academic content practices and improve the academic three years of employment as teachers; standards; and achievement of children with or (iii) Special education and regular disabilities. (iii) Incentives, including financial education teachers have the subject (10) When applicable, coordinating incentives, to retain special education matter knowledge and teaching skills, with, and expanding centers established teachers who have a record of success including technology literacy, necessary under section 2113(c)(18) of the ESEA to in helping students with disabilities. to help students with disabilities meet benefit special education teachers. (5) Carrying out programs and challenging State student academic (c) Contracts and Subgrants—An SEA activities that are designed to improve achievement and functional standards. that receives a grant under this the quality of personnel who serve (2) Programs that establish, expand, or program— children with disabilities, such as— improve alternative routes for State (1) Must award contracts or subgrants (i) Innovative professional certification of special education to LEAs, institutions of higher development programs (which may be teachers for highly qualified individuals education, parent training and provided through partnerships with with a baccalaureate or master’s degree, information centers, or community institutions of higher education), including mid-career professionals from parent resource centers, as appropriate, including programs that train teachers other occupations, paraprofessionals, to carry out the State personnel and principals to integrate technology and recent college or university development plan; and into curricula and instruction to graduates with records of academic (2) May award contracts and improve teaching, learning, and distinction who demonstrate the subgrants to other public and private technology literacy and that are potential to become highly effective entities, including the lead agency consistent with the definition of special education teachers. under Part C of IDEA, to carry out the professional development in section (3) Teacher advancement initiatives State plan. 9101 of the ESEA; and for special education teachers that (d) Use of Funds for Professional (ii) The development and use of promote professional growth and Development—An SEA that receives a proven, cost effective strategies for the emphasize multiple career paths (such grant under this program must use— implementation of professional as paths to becoming a career teacher, (1) Not less than 90 percent of the development activities, such as through mentor teacher, or exemplary teacher) funds the SEA receives under the grant the use of technology and distance and pay differentiation. for any fiscal year for the Professional learning. (4) Developing and implementing Development Activities described in (6) Carrying out programs and mechanisms to assist LEAs and schools paragraph (a); and activities that are designed to improve in effectively recruiting and retaining (2) Not more than 10 percent of the the quality of early intervention highly qualified special education funds the SEA receives under the grant personnel, including paraprofessionals teachers. for any fiscal year for the Other and primary referral sources, such as— (5) Reforming tenure systems, Activities described in paragraph (b). (i) Professional development implementing teacher testing for subject (e) Grants to Outlying Areas—Public programs to improve the delivery of matter knowledge, and implementing Law 95–134, permitting the early intervention services; teacher testing for State certification or consolidation of grants to the outlying (ii) Initiatives to promote the licensure, consistent with Title II of the areas, does not apply to funds received recruitment and retention of early HEA (20 U.S.C. 1021 et seq.). under this program authority. intervention personnel; and (6) Funding projects to promote Competitive Preference Priorities: (iii) Interagency activities to ensure reciprocity of teacher certification or Within this absolute priority, we give that early intervention personnel are licensing between or among States for competitive preference to applications adequately prepared and trained. special education teachers, except that that meet one of the following priorities. (b) Other Activities—Consistent with no reciprocity agreement developed For FY 2010 and any subsequent year in the absolute priority announced in this under this absolute priority may lead to which we make awards from the list of notice, each SEA that receives a SPDG the weakening of any State teacher unfunded applicants from this under this program must use the grant certification or licensing requirement. competition, these priorities are funds to support activities in (7) Assisting LEAs to serve children competitive preference priorities. accordance with the State’s Personnel with disabilities through the These priorities are based on Development Plan, including one or development and use of proven, allowable activities specified in section more of the following: innovative strategies to deliver intensive 654 of IDEA (20 U.S.C. 1454), the (1) Reforming special education and professional development programs that provisions in IDEA that authorize the regular education teacher certification are both cost effective and easily SPDG Program. (including re-certification) or licensing accessible, such as strategies that Under 34 CFR 75.105(c)(2)(i) we requirements to ensure that— involve delivery through the use of award an additional five points to an (i) Special education and regular technology, peer networks, and distance application that meets one of the education teachers have— learning. following competitive preference (A) The training and information (8) Developing, or assisting LEAs in priorities. We will award points on an necessary to address the full range of developing, merit-based performance ‘‘all or nothing’’ basis (i.e., five points or needs of children with disabilities systems and strategies that provide zero points) to an applicant that across disability categories; and differential and bonus pay for special addresses one of the competitive (B) The necessary subject matter education teachers. preference priorities in its application knowledge and teaching skills in the (9) Supporting activities that ensure based on whether the applicant meets academic subjects that the teachers that teachers are able to use challenging the priority. These points are in teach; State academic content standards and addition to any points the application (ii) Special education and regular student academic achievement and earns under the selection criteria. To be education teacher certification functional standards, and the results of considered for a competitive preference, (including re-certification) or licensing State assessments for all children with an applicant must identify in its

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29330 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

application the one competitive Note: The regulations in 34 CFR part 79 IV. Application and Submission preference priority it is seeking to meet. apply to all applicants except federally Information recognized Indian tribes. Competitive Preference Priority 1— 1. Address to Request Application Partnerships with LEAs and IHEs to Package: Education Publications Center Improve Special Education Teacher II. Award Information (ED Pubs), U.S. Department of Effectiveness. Education, P.O. Box 22207, Alexandria, We give competitive preference to Type of Award: Discretionary grants. Estimated Available Funds: VA 22304. Telephone, toll free: 1–877– applicants that demonstrate (1) how 433–7827. Fax: (703) 605–6794. If you they will provide evidence-based $10,000,000. Contingent upon the availability of funds and the quality of use a telecommunications device for the professional development activities to deaf (TDD), call, toll free: 1–877–576– improve the effectiveness of special applications, we may make additional awards in FY 2011 from the list of 7734. education teachers of children with You can contact ED Pubs at its Web disabilities from low-income or unfunded applicants from this competition. site, also: http://www.EDPubs.gov or at minority backgrounds or children with its e-mail address: [email protected]. disabilities who are English learners; (2) Estimated Range of Awards: $500,000–$4,000,000 (for the 50 States, If you request an application package how they will track the effectiveness of from ED Pubs, be sure to identify this the professional development activities; the District of Columbia, and the Commonwealth of Puerto Rico). In the competition as follows: CFDA number and (3) how these professional 84.323A. development activities will incorporate case of an outlying area awards will be not less than $80,000. Individuals with disabilities can partnerships between one or more LEAs obtain a copy of the application package serving high concentrations of these Maximum Award: We will reject any application that proposes a budget in an accessible format (e.g., Braille, children and one or more institutions of large print, audiotape, or computer higher education (IHE). exceeding $4,000,000 for a single budget period of 12 months. The Assistant diskette) by contacting the person or Competitive Preference Priority 2— team listed under Accessible Format in Professional Development Activities for Secretary for Special Education and Rehabilitative Services may change the section VIII of this notice. High School Personnel. 2. Content and Form of Application maximum amount through a notice We give competitive preference to Submission: Requirements concerning published in the Federal Register. applicants that demonstrate how they the content of an application, together will provide professional development Note: We will set the amount of each with the forms you must submit, are in activities to enhance the capacity of award after considering— the application package for this personnel, as defined in section 651(b) (1) The amount of funds available for program. of IDEA (20 U.S.C. 1451(b)), in high making the grants; Page Limit: The application narrative (2) The relative population of the State or schools with high concentrations of (Part III of the application) is where you, low-income students and students from outlying area; (3) The types of activities proposed by the the applicant, address the selection minority backgrounds to deliver high- State or outlying area; criteria that reviewers use to evaluate quality instruction and improve (4) The alignment of proposed activities your application. You must limit Part III outcomes for high school youth with with section 612(a)(14) of IDEA; to the equivalent of no more than 100 disabilities. Examples include (5) The alignment of proposed activities pages, using the following standards: professional development activities with State plans and applications submitted • A ‘‘page’’ is 8.5″ × 11″, on one side related to mentoring, post-school under sections 1111 and 2112, respectively, only, with 1″ margins at the top, bottom, transition, and literacy. of the ESEA; and and both sides. Competitive Preference Priority 3— (6) The use, as appropriate, of scientifically • Double space (no more than three Professional Development for Personnel based research and instruction. lines per vertical inch) all text in the Who Work with Children Who Need Estimated Average Size of Awards: application narrative, including titles, High Levels of Support. $1,000,000, excluding outlying areas. headings, footnotes, quotations, We give competitive preference to Estimated Number of Awards: 10. references, abstracts, and captions, as applicants that demonstrate how they Note: The Department is not bound by any well as all text in charts, tables, figures, will provide professional development estimates in this notice. and graphs. to enhance the capacity of early • Use a font that is either 12 point or intervention personnel, special Project Period: Not less than one year larger or no smaller than 10 pitch education and regular education and not more than five years. (characters per inch). teachers, related services personnel, and III. Eligibility Information The page limit does not apply to Part school principals to use collaborative I, the cover sheet; Part II, the budget and consultative models to serve 1. Eligible Applicants: An SEA of one section, including the narrative budget infants, toddlers, and children with of the 50 States, the District of justification; Part IV, the assurances and disabilities who need high levels of Columbia, or the Commonwealth of certifications; or the one-page abstract, support to participate successfully in Puerto Rico or an outlying area (United the resumes, the bibliography, the natural environments or in the least States Virgin Islands, Guam, American references, or the letters of support. restrictive environment. Samoa, and the Commonwealth of the However, the page limit does apply to Northern Mariana Islands). Program Authority: 20 U.S.C. 1451–1455. all of the application narrative section 2. Cost Sharing or Matching: This (Part III). Applicable Regulations: (a) The program does not require cost sharing or We will reject your application if you Education Department General matching. exceed the page limit; or if you apply Administrative Regulations (EDGAR) in 3. Other: General Requirements—The other standards and exceed the 34 CFR parts 74, 75, 77, 79, 80, 81, 82, projects funded under this program equivalent of the page limit. 84, 85, 97, 98, and 99. (b) The notice of must make positive efforts to employ 3. Submission Dates and Times: final priority for this program published and advance in employment qualified Applications Available: May 25, 2010. in the Federal Register on June 9, 2006 individuals with disabilities (see section Deadline for Transmittal of (71 FR 33578). 606 of IDEA). Applications: July 9, 2010.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29331

Applications for grants under this please allow 2–5 weeks for your TIN to Education Supplemental Information for competition may be submitted become active. SF 424, Budget Information—Non- electronically using the Electronic Grant The CCR registration process may take Construction Programs (ED 524), and all Application System (e-Application) five or more business days to complete. necessary assurances and certifications. accessible through the Department’s e- If you are currently registered with the You must attach any narrative sections Grants site, or in paper format by mail CCR, you may not need to make any of your application as files in a .DOC or hand delivery. For information changes. However, please make certain (document), .RTF (rich text), or .PDF (including dates and times) about how that the TIN associated with your DUNS (Portable Document) format. If you to submit your application number is correct. Also note that you upload a file type other than the three electronically, or in paper format by will need to update your CCR file types specified in this paragraph or mail or hand delivery, please refer to registration on an annual basis. This submit a password protected file, we section IV. 6. Other Submission may take three or more business days to will not review that material. Requirements of this notice. complete. • Your electronic application must We do not consider an application 7. Other Submission Requirements: comply with any page limit that does not comply with the deadline Applications for grants under this requirements described in this notice. requirements. competition may be submitted • Prior to submitting your electronic Individuals with disabilities who electronically or in paper format by mail application, you may wish to print a need an accommodation or auxiliary aid or hand delivery. copy of it for your records. • in connection with the application a. Electronic Submission of After you electronically submit process should contact the person listed Applications. your application, you will receive an under FOR FURTHER INFORMATION If you choose to submit your automatic acknowledgment that will CONTACT in section VII of this notice. If application to us electronically, you include a PR/Award number (an the Department provides an must use e-Application, accessible identifying number unique to your accommodation or auxiliary aid to an through the Department’s e-Grants Web application). • individual with a disability in site at: http://e-grants.ed.gov. Within three working days after connection with the application While completing your electronic submitting your electronic application, process, the individual’s application application, you will be entering data fax a signed copy of the SF 424 to the remains subject to all other online that will be saved into a Application Control Center after requirements and limitations in this database. You may not e-mail an following these steps: notice. electronic copy of a grant application to (1) Print SF 424 from e-Application. us. (2) The applicant’s Authorizing Deadline for Intergovernmental Please note the following: Representative must sign this form. Review: September 7, 2010. • Your participation in e-Application (3) Place the PR/Award number in the 4. Intergovernmental Review: This is voluntary. upper right hand corner of the hard- program is subject to Executive Order • You must complete the electronic copy signature page of the SF 424. 12372 and the regulations in 34 CFR submission of your grant application by (4) Fax the signed SF 424 to the part 79. Information about 4:30:00 p.m., Washington, DC time, on Application Control Center at (202) Intergovernmental Review of Federal the application deadline date. E– 245–6272. Programs under Executive Order 12372 Application will not accept an • We may request that you provide us is in the application package for this application for this competition after original signatures on other forms at a competition. 4:30:00 p.m., Washington, DC time, on later date. 5. Funding Restrictions: We reference the application deadline date. Application Deadline Date Extension regulations outlining funding Therefore, we strongly recommend that in Case of System Unavailability: If you restrictions in the Applicable you do not wait until the application are prevented from electronically Regulations section of this notice. deadline date to begin the application submitting your application on the 6. Data Universal Numbering System process. application deadline date because e- Number, Taxpayer Identification • The hours of operation of the e- Application is unavailable, we will Number, and Central Contractor Grants Web site are 6:00 a.m. Monday grant you an extension of one business Registry: To do business with the until 7:00 p.m. Wednesday; and 6:00 day to enable you to transmit your Department of Education, (1) you must a.m. Thursday until 8:00 p.m. Sunday, application electronically, by mail, or by have a Data Universal Numbering Washington, DC time. Please note that, hand delivery. We will grant this System (DUNS) number and a Taxpayer because of maintenance, the system is extension if— Identification Number (TIN); (2) you unavailable between 8:00 p.m. on (1) You are a registered user of e- must register both of those numbers Sundays and 6:00 a.m. on Mondays, and Application and you have initiated an with the Central Contractor Registry between 7:00 p.m. on Wednesdays and electronic application for this (CCR), the Government’s primary 6:00 a.m. on Thursdays, Washington, competition; and registrant database; and (3) you must DC time. Any modifications to these (2) (a) E-Application is unavailable for provide those same numbers on your hours are posted on the e-Grants Web 60 minutes or more between the hours application. site. of 8:30 a.m. and 3:30 p.m., Washington, You can obtain a DUNS number from • You will not receive additional DC time, on the application deadline Dun and Bradstreet. A DUNS number point value because you submit your date; or can be created within one business day. application in electronic format, nor (b) E-Application is unavailable for If you are a corporate entity, agency, will we penalize you if you submit your any period of time between 3:30 p.m. institution, or organization, you can application in paper format. and 4:30:00 p.m., Washington, DC time, obtain a TIN from the Internal Revenue • You must submit all documents on the application deadline date. Service. If you are an individual, you electronically, including all information We must acknowledge and confirm can obtain a TIN from the Internal you typically provide on the following these periods of unavailability before Revenue Service or the Social Security forms: The Application for Federal granting you an extension. To request Administration. If you need a new TIN, Assistance (SF 424), the Department of this extension or to confirm our

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29332 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

acknowledgment of any system original and two copies of your VI. Award Administration Information unavailability, you may contact either application by hand, on or before the 1. Award Notices: If your application (1) the person listed elsewhere in this application deadline date, to the is successful, we notify your U.S. notice under For Further Information Department at the following address: Representative and U.S. Senators and Contact (see VII. Agency Contact) or (2) U.S. Department of Education, send you a Grant Award Notification the e-Grants help desk at 1–888–336– Application Control Center, Attention: (GAN). We may notify you informally, 8930. If e-Application is unavailable (CFDA Number 84.323A), 550 12th also. due to technical problems with the Street, SW., Room 7041, Potomac Center If your application is not evaluated or system and, therefore, the application Plaza, Washington, DC 20202–4260. not selected for funding, we notify you. deadline is extended, an e-mail will be The Application Control Center 2. Administrative and National Policy accepts hand deliveries daily between sent to all registered users who have Requirements: We identify 8:00 a.m. and 4:30:00 p.m., Washington, initiated an e-Application. administrative and national policy DC time, except Saturdays, Sundays, Extensions referred to in this section requirements in the application package and Federal holidays. apply only to the unavailability of e- and reference these and other Application. If e-Application is Note for Mail or Hand Delivery of Paper requirements in the Applicable available, and, for any reason, you are Applications: If you mail or hand deliver Regulations section of this notice. unable to submit your application your application to the Department— We reference the regulations outlining (1) You must indicate on the envelope electronically or you do not receive an the terms and conditions of an award in automatic acknowledgment of your and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, the Applicable Regulations section of submission, you may submit your including suffix letter, if any, of the this notice and include these and other application in paper format by mail or competition under which you are submitting specific conditions in the GAN. The hand delivery in accordance with the your application; and GAN also incorporates your approved instructions in this notice. (2) The Application Control Center will application as part of your binding b. Submission of Paper Applications mail to you a notification of receipt of your commitments under the grant. by Mail. grant application. If you do not receive this grant notification within 15 business days 3. Reporting: At the end of your If you submit your application in project period, you must submit a final paper format by mail (through the U.S. from the application deadline date, you should call the U.S. Department of Education performance report, including financial Postal Service or a commercial carrier), Application Control Center at (202) 245– information, as directed by the you must mail the original and two 6288. Secretary. If you receive a multi-year copies of your application, on or before award, you must submit an annual the application deadline date, to the V. Application Review Information performance report that provides the Department at the following address: 1. Selection Criteria: The selection most current performance and financial U.S. Department of Education, criteria for this program are from 34 CFR expenditure information as directed by Application Control Center, Attention: 75.210 and are listed in the application the Secretary under 34 CFR 75.118. The (CFDA Number 84.323A), LBJ Basement package. Secretary may also require more Level 1, 400 Maryland Avenue, SW., 2. Review and Selection Process: In frequent performance reports under 34 Washington, DC 20202–4260. the past, the Department has had CFR 75.720(c). For specific You must show proof of mailing difficulty finding peer reviewers for requirements on reporting, please go to consisting of one of the following: certain competitions because so many http://www.ed.gov/fund/grant/apply/ (1) A legibly dated U.S. Postal Service individuals who are eligible to serve as appforms/appforms.html. postmark. peer reviewers have conflicts of interest. 4. Performance Measures: The goal of (2) A legible mail receipt with the The Standing Panel requirements under the SPDG Program is to reform and date of mailing stamped by the U.S. IDEA also have placed additional improve State systems for personnel Postal Service. constraints on the availability of preparation and professional (3) A dated shipping label, invoice, or reviewers. Therefore, the Department development in early intervention, receipt from a commercial carrier. has determined that, for some educational, and transition services in (4) Any other proof of mailing discretionary grant competitions, order to improve results for children acceptable to the Secretary of the U.S. applications may be separated into two with disabilities. Under the Government Department of Education. or more groups and ranked and selected Performance and Results Act of 1993, If you mail your application through for funding within specific groups. This the Department has developed the U.S. Postal Service, we do not procedure will make it easier for the performance measures to assess the accept either of the following as proof Department to find peer reviewers by success of the program in meeting these of mailing: ensuring that greater numbers of goals. These measures are: (1) The (1) A private metered postmark. individuals who are eligible to serve as percent of personnel receiving (2) A mail receipt that is not dated by reviewers for any particular group of professional development through the the U.S. Postal Service. applicants will not have conflicts of SPDG Program based on scientific- or If your application is postmarked after interest. It also will increase the quality, evidence-based instructional practices; the application deadline date, we will independence, and fairness of the (2) the percentage of SPDG projects that not consider your application. review process while permitting panel have implemented personnel Note: The U.S. Postal Service does not members to review applications under development/training activities that are uniformly provide a dated postmark. Before discretionary grant competitions for aligned with improvement strategies relying on this method, you should check which they also have submitted identified in their State Performance with your local post office. applications. However, if the Plan; (3) the percentage of professional c. Submission of Paper Applications Department decides to select an equal development/training activities by Hand Delivery. number of applications in each group provided through the SPDG Program If you submit your application in for funding, this may result in different based on scientific- or evidence-based paper format by hand delivery, you (or cut-off points for fundable applications instructional/behavioral practices; (4) a courier service) must deliver the in each group. the percentage of professional

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29333

development/training activities based Note: The official version of this document DOE Desk Officer, Office of Information on scientific- or evidence-based is the document published in the Federal and Regulatory Affairs, Office of instructional/behavioral practices, Register. Free Internet access to the official Management and Budget, New provided through the SPDG Program, edition of the Federal Register and the Code Executive Office Building, Room that are sustained through ongoing and of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/ 10102, 725 17th Street, NW., comprehensive practices (e.g., index.html. Washington, DC 20503. mentoring, coaching, structured FOR FURTHER INFORMATION CONTACT: guidance, modeling, continuous Dated: May 18, 2010. Requests for additional information or inquiry, etc.); (5) in States with SPDG Alexa Posny, copies of the information collection projects that have special education Assistant Secretary for Special Education and instrument and instructions should be teacher retention as a goal, the Rehabilitative Services. directed to Matthew Grosso at Statewide percentage of highly qualified [FR Doc. 2010–12610 Filed 5–24–10; 8:45 am] [email protected], or http:// special education teachers in State- BILLING CODE 4000–01–P www.oe.energy.gov/recovery/1285.htm. identified professional disciplines (e.g., SUPPLEMENTARY INFORMATION: This teachers of children with emotional information collection request contains: disturbance, deafness, etc.), consistent DEPARTMENT OF ENERGY (1) OMB No. 1910–5149; (2) Information with sections 602(a)(10) and 612(a)(14) Collection Request Title: OE Recovery of IDEA, who remain teaching after the Proposed Agency Information Act Financial Assistance Grants; (3) first three years of employment; and (6) Collection Type of Request: Three-year extension the percentage of SPDG projects that of a prior emergency request; (4) AGENCY: U.S. Department of Energy. successfully replicate the use of Purpose: To collect information on the scientific, or evidence-based ACTION: Notice and request for status of grantee activities, instructional/behavioral practices in comments. expenditures, and results, to ensure that schools; and (7) the percentage of SPDG program funds are being used projects whose cost per personnel SUMMARY: The Department of Energy (DOE) invites public comment on DOE’s appropriately, effectively and receiving professional development on expeditiously (especially important for scientific or evidence-based practices is intent to request the Office of Management and Budget (OMB) to Recovery Act funds); (5) Annual within a specified range. Estimated Number of Respondents: 132; Each grantee must annually report its extend for three years the emergency (6) Annual Estimated Number of Total performance on these measures in the Information Collection Request Title: Responses: 1,656; (7) Annual Estimated project’s annual performance report to OE Recovery Act Financial Assistance Number of Burden Hours: 3,312; (8) the Department in accordance with Grants, OMB Control No. 1910–5149 Annual Estimated Reporting and section 653(d) of IDEA and 34 CFR that DOE is developing for submission Recordkeeping Cost Burden: $621,000 75.590. to OMB pursuant to the Paperwork Reduction Act of 1995. Comments are for the first year, $138,000 each VII. Agency Contact invited on: (a) Whether the proposed subsequent year. For Further Information Contact: collection of information is necessary Authority: Title V, Subtitle E of the Energy Jennifer Coffey, U.S. Department of for the proper performance of the Independence and Security Act of 2007 Education, 400 Maryland Avenue, SW., functions of the agency, including (EISA; Pub. L. 110–140). Room 4096, Potomac Center Plaza whether the information shall have Issued in Washington, DC, on May 19, (PCP), Washington, DC 20202–2550. practical utility; (b) the accuracy of the 2010. Telephone: (202) 245–6673. agency’s estimate of the burden of the Terri T. Lee, If you use a TDD, call the Federal proposed collection of information, Chief Operating Officer, Electricity Delivery Relay Service (FRS), toll free, at 1–800– including the validity of the and Energy Reliability. 877–8339. methodology and assumptions used; (c) [FR Doc. 2010–12518 Filed 5–24–10; 8:45 am] VIII. Other Information ways to enhance the quality, utility, and BILLING CODE 6450–01–P clarity of the information to be Accessible Format: Individuals with collected; and (d) ways to minimize the disabilities can obtain this document burden of the collection of information DEPARTMENT OF ENERGY and a copy of the application package in on respondents, including through the an accessible format (e.g., Braille, large use of automated collection techniques Federal Energy Regulatory print, audiotape, or computer diskette) or other forms of information Commission by contacting the Grants and Contracts technology. [Docket Nos. CP10–433–000] Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., DATES: Comments regarding this proposed information collection must Iroquois Gas Transmission System, Room 5075, PCP, Washington, DC L.P.; Notice of Application 20202–2550. Telephone: (202) 245– be received on or before July 26, 2010. 7363. If you use a TDD, call the FRS, toll If you anticipate difficulty in submitting May 18, 2010. free, at 1–800–877–8339. comments within that period, contact Take notice that on May 17, 2010, Electronic Access to This Document: the person listed in ADDRESSES as soon Iroquois Gas Transmission System, L.P. You can view this document, as well as as possible. (Iroquois), One Corporate Drive, all other documents of this Department ADDRESSES: Written comments should Shelton, Connecticut 06484, filed in published in the Federal Register, in be sent to: Docket No. CP10–433–000, an text or Adobe Portable Document Matthew Grosso, U.S. Department of application pursuant to section 3 of the Format (PDF) on the Internet at the Energy, OE/Forrestal Building, 1000 Natural Gas Act (NGA), to amend its following site: http://www.ed.gov/news/ Independence Ave., SW., Washington, authorization under NGA section 3 and fedregister. To use PDF you must have DC 20585, or by fax at 202–586–5860, its Presidential Permit to allow it to Adobe Acrobat Reader, which is or by e-mail at export natural gas from the United available free at this site. [email protected] and States to Canada utilizing Iroquois’

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29334 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

existing cross-border facilities. Iroquois proceeding can ask for court review of DEPARTMENT OF ENERGY proposes no new facilities in its Commission orders in the proceeding. Federal Energy Regulatory application. The application is on file However, a person does not have to Commission with the Commission and open to intervene in order to have comments public inspection. This filing may also considered. The second way to [Project No. 2114–209] be viewed on the Commission’s Web participate is by filing with the site at http://www.ferc.gov using the Secretary of the Commission, as soon as Public Utility District No. 2 of Grant ‘‘eLibrary’’ link. Enter the docket County, WA; Notice of Application for possible, an original and two copies of number, excluding the last three digits, Amendment of License and Soliciting comments in support of or in opposition in the docket number field to access the Comments, Motions To Intervene, and to this project. The Commission will document. For assistance, call (202) Protests 502–8659 or TTY, (202) 208–3676. consider these comments in Any questions regarding this determining the appropriate action to be May 18, 2010. application should be directed to Paul taken, but the filing of a comment alone Take notice that the following W. Diehl, Senior Attorney, Iroquois will not serve to make the filer a party hydroelectric application has been filed Pipeline Operating Company, One to the proceeding. The Commission’s with the Commission and is available Corporate Drive, Suite 600, Shelton, CT rules require that persons filing for public inspection: 06484, phone (203) 925–7228 or comments in opposition to the project a. Application Type: Amendment of facsimile (203) 926–8829. provide copies of their protests only to License. Pursuant to section 157.9 of the the party or parties directly involved in b. Project No: 2114–209. c. Date Filed: February 26, 2010. Commission’s rules, 18 CFR 157.9, the protest. d. Applicant: Public Utility District within 90 days of this Notice the Persons who wish to comment only No. 2 of Grant County, Washington. Commission staff will either: complete on the environmental review of this e. Name of Project: Priest Rapids its environmental assessment (EA) and project should submit an original and Hydroelectric Project. place it into the Commission’s public two copies of their comments to the f. Location: Columbia River, in Grant, record (eLibrary) for this proceeding, or Secretary of the Commission. Yakima, Kittitas, Douglas, Benton, and issue a Notice of Schedule for Environmental commenters will be Chelan Counties, Washington. The Environmental Review. If a Notice of placed on the Commission’s project occupies Federal lands managed Schedule for Environmental Review is environmental mailing list, will receive by the U.S. Bureau of Land issued, it will indicate, among other copies of the environmental documents, Management, U.S. Bureau of milestones, the anticipated date for the and will be notified of meetings Reclamation, U.S. Department of Commission staff’s issuance of the final Energy, U.S. Department of Army, and environmental impact statement (FEIS) associated with the Commission’s environmental review process. U.S. Fish and Wildlife Service. or EA for this proposal. The filing of the g. Filed Pursuant to: Federal Power EA in the Commission’s public record Environmental commenters will not be required to serve copies of filed Act, 16 U.S.C. 791a–825r. for this proceeding or the issuance of a h. Applicant Contact: Kelly Larimer, documents on all other parties. Notice of Schedule for Environmental Lands and Recreation Resources Review will serve to notify Federal and However, the non-party commenters Manager, Public Utility District No. 2 of State agencies of the timing for the will not receive copies of all documents Grant County, Washington, P.O. Box completion of all necessary reviews, and filed by other parties or issued by the 878, Ephrata, WA 98823; (509) 754– the subsequent need to complete all Commission (except for the mailing of 0500. Federal authorizations within 90 days of environmental documents issued by the i. FERC Contact: For questions on this the date of issuance of the Commission Commission) and will not have the right notice, please contact—Jaime Blakesley, staff’s FEIS or EA. to seek court review of the Telephone 312–596–4441, and e-mail: There are two ways to become Commission’s final order. [email protected]. involved in the Commission’s review of Motions to intervene, protests and j. Deadline for filing comments, this project. First, any person wishing to comments may be filed electronically motions to intervene, and protest: June obtain legal status by becoming a party via the Internet in lieu of paper; see, 18 18, 2010. to the proceedings for this project CFR 385.2001(a)(1)(iii) and the All documents (original and eight should, on or before the below listed copies) should be filed with: Secretary, instructions on the Commission’s Web comment date, file with the Federal Federal Energy Regulatory Commission, site under the ‘‘e-Filing’’ link. The Energy Regulatory Commission, 888 888 First Street, NE., Washington, DC First Street, NE., Washington, DC 20426, Commission strongly encourages 20426. a motion to intervene in accordance electronic filings. The Commission’s Rules of Practice with the requirements of the Comment Date: June 8, 2010. and Procedure require all interveners Commission’s Rules of Practice and filing documents with the Commission Procedure (18 CFR 385.214 or 385.211) Kimberly D. Bose, to serve a copy of that document on and the Regulations under the NGA (18 Secretary. each person whose name appears on the CFR 157.10). A person obtaining party [FR Doc. 2010–12503 Filed 5–24–10; 8:45 am] official service list for the project. status will be placed on the service list BILLING CODE 6717–01–P Further, if an intervener files comments maintained by the Secretary of the or documents with the Commission Commission and will receive copies of relating to the merits of an issue that all documents filed by the applicant and may affect the responsibilities of a by all other parties. A party must submit particular resource agency, they must 14 copies of filings made with the also serve a copy of the document on Commission and must mail a copy to that resource agency. A copy of any the applicant and to every other party in motion to intervene must also be served the proceeding. Only parties to the upon each representative of the

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29335

Applicant specified in the particular A copy of the application may be copies should be mailed to: Secretary, application. obtained by agencies directly from the Federal Energy Regulatory Commission, k. Description of Request: The Applicant. If an agency does not file 888 First Street, NE., Washington, DC licensee proposes to amend the comments within the time specified for 20426. For more information on how to recreation resource management plan filing comments, it will be presumed to submit these types of filings, please go and implementation schedules under have no comments. One copy of an to the Commission’s Web site located at article 418 of its license. The proposed agency’s comments must also be sent to http://ferc.gov.filing-comments.asp. amendment includes modifications and the Applicant’s representatives. Please include the project number (P– information pertaining to Crab Creek q. Comments, protests and 2333–068) on any comments, motions, Corridor (Burkett Lake Recreation Area), interventions may be filed electronically or protests. Priest Rapids Park (Desert Aire), Priest via the Internet in lieu of paper. See, 18 k. Description of Request: Rumford Rapids Dam Picnic Area, Crescent Bar CFR 385.2001(a)(1)(iii) and the Falls Hydro, LLC, seeks a non-capacity Recreation Provisions, as well as a instructions on the Commission’s Web amendment of license for the completed revised implementation schedule for the site at http://www.ferc.gov under the ‘‘e- maintenance upgrades to Units 1 and 2 recreation requirements outlined in Filing’’ link. at the Lower Station in the form of Article 418. runner replacements in July of 2008. l. Locations of the Application: A Kimberly D. Bose, The maintenance upgrades resulted in copy of the application is available for Secretary. the efficiency of the units improving, inspection and reproduction at the [FR Doc. 2010–12502 Filed 5–24–10; 8:45 am] increasing flow through each turbine by Commission’s Public Reference Room, BILLING CODE 6717–01–P 98 cfs (196 cfs total) and increasing the located at 888 First Street, NE., Room capacity of each generator by 1,200 2A, Washington, DC 20426, or by calling kilowatts (kW) (2,400 kW total). (202) 502–8371. This filing may also be DEPARTMENT OF ENERGY Rumford Falls Hydro, LLC also replaced viewed on the Commission’s Web site at the runner and rewound the generator http://www.ferc.gov using the ‘‘eLibrary’’ Federal Energy Regulatory on Unit 3 at the Upper Station in 2009. link. Enter the docket number (P–2114) Commission The work on Unit 3 resulted in an excluding the last three digits in the [Project No. 2333–068] increase of 50 cfs flow through the docket number field to access the turbine and an increase in the generator document. You may also register online Rumford Falls Hydro, LLC; Notice of capacity by 1,300 kW. at http://www.ferc.gov/docs-filing/ Application for Amendment of License, l. Location of the Application: The esubscription.asp to be notified via e- and Soliciting Comments, Motions To filing is available for inspection and mail of new filings and issuances Intervene, and Protests reproduction at the Commission’s related to this or other pending projects. Public Reference Room, located at 888 For assistance, call 1–866–208–3676 or May 18, 2010. First Street, NE., Room 2A, Washington, e-mail [email protected], Take notice that the following DC 20426 or by calling (202) 502–8371. for TTY, call (202) 502–8659. A copy is hydroelectric application has been filed This filing may also be viewed on the also available for inspection and with the Commission and is available Commission’s Web site at http://ferc.gov reproduction at the address in item (h) for public inspection: using the ‘‘eLibrary’’ link. Enter the above. a. Type of Application: Amendment docket number excluding the last three m. Individuals desiring to be included of License. digits in the docket number field to on the Commission’s mailing list should b. Project No.: 2333–068. access the document. You may also so indicate by writing to the Secretary c. Date Filed: July 23, 2009 and register online at http://www.ferc.gov/ of the Commission. supplemented May 13, 2010. docsfiling/esubscription.asp to be n. Comments, Protests, or Motions to d. Applicant: Rumford Falls Hydro, notified via e-mail of new filings and Intervene: Anyone may submit LLC. issuances related to this or other comments, a protest, or a motion to e. Name of Project: Rumford Falls. pending projects. For assistance, call 1– intervene in accordance with the f. Location: The project is located on 866–208–3676 or e-mail requirements of Rules of Practice and the Androscoggin River, in the Town of [email protected], for TTY, Procedure, 18 CFR 385.210, .211, .214. Rumford, Oxford County, Maine. call (202) 502–8659. A copy is also In determining the appropriate action to g. Filed Pursuant to: Federal Power available for inspection and take, the Commission will consider all Act, 16 U.S.C. 791a–825r. reproduction at the address in item (h) protests or other comments filed, but h. Applicant Contact: Mr. Brian above. only those who file a motion to Stetson, General Manager, 1024 Central m. Individuals desiring to be included intervene in accordance with the Street, Millinocket, ME 04462, (207) on the Commission’s mailing list should Commission’s Rules may become a 723–4341. so indicate by writing to the Secretary party to the proceeding. Any comments, i. FERC Contact: Any questions of the Commission. protests, or motions to intervene must regarding this notice should be directed n. Comments, Protests, or Motions to be received on or before the specified to Mr. Jeremy Jessup at (202) 502–6779 Intervene: Anyone may submit comment date for the particular or [email protected]. comments, a protest, or a motion to application. j. Deadline for filing comments, intervene in accordance with the o. Any filings must bear in all capital motions to intervene and protest: June requirements of Rules of Practice and letters the title ‘‘COMMENTS’’, 18, 2010. All documents may be filed Procedure, 18 CFR 385.210, .211, .214. ‘‘PROTEST’’, or ‘‘MOTION TO electronically via the Internet. See, 18 In determining the appropriate action to INTERVENE’’, as applicable, and the CFR 385.2001(a)(1)(iii) and the take, the Commission will consider all Project Number of the particular instructions on the Commission’s Web protests or other comments filed, but application to which the filing refers. site at http://www.ferc.gov under the ‘‘e- only those who file a motion to p. Agency Comments: Federal, State, Filing’’ link. If unable to be filed intervene in accordance with the and local agencies are invited to file electronically, documents may be paper- Commission’s Rules may become a comments on the described application. filed. To paper-file, an original and eight party to the proceeding. Any comments,

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29336 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

protests, or motions to intervene must (FEA) for an application filed by the Infrastructure Protection Reliability be received on or before the specified Penobscot River Restoration Trust Standards, 130 FERC ¶ 61,211 at PP 23, comment date for the particular (licensee) on November 7, 2008, 28, 31–33 (2010) (March 18 CIP VSL application. requesting Commission approval to Order). o. Any filing must (1) bear in all surrender the project licenses for the Any person desiring to intervene or to capital letters the title ‘‘COMMENTS’’, Veazie, Great Works, and Howland protest this filing must file in ‘‘PROTEST’’, or ‘‘MOTION TO Hydroelectric Projects, located on the accordance with Rules 211 and 214 of INTERVENE’’ as applicable, (2) set forth Penobscot and Piscataquis Rivers in the Commission’s Rules of Practice and in the heading the name of the applicant Penobscot County, Maine. The licensee Procedure (18 CFR 385.211, 385.214). and the project numbers of the proposes to surrender the project Protests will be considered by the application to which the filing licenses and remove the Veazie and Commission in determining the responds; (3) furnish the name, address, Great Works Dams, and construct a appropriate action to be taken, but will and telephone number of the person nature-like fish bypass around the not serve to make protestants parties to protesting or intervening; and (4) Howland Dam. Surrender of the the proceeding. Any person wishing to otherwise comply with the requirements projects’ licenses is a component of the become a party must file a notice of of 18 CFR 385.2001 through 385.2005. Lower Penobscot River Basin intervention or motion to intervene, as All comments, motions to intervene or Comprehensive Settlement Agreement. appropriate. Such notices, motions, or protests must set forth their evidentiary The FEA evaluates the environmental protests must be filed on or before the basis and otherwise comply with the impacts that would result from comment date. Anyone filing a motion requirements of 18 CFR 4.34(b). All approving the licensee’s proposed to intervene or protest must serve a copy comments, motions to intervene or surrenders. The FEA finds that approval of that document on the Applicant and protests should relate to project works of the application would not constitute all the parties in this proceeding. which are the subject of the license a major Federal action significantly amendment. Agencies may obtain affecting the quality of the human The Commission encourages copies of the application directly from environment. A copy of the FEA is on electronic submission of protests and the applicant. A copy of any protest or file with the Commission and is interventions in lieu of paper using the motion to intervene must be served available for public inspection. The FEA ‘‘eFiling’’ link at http://www.ferc.gov. upon each representative of the may also be viewed on the Persons unable to file electronically applicant specified in the particular Commission’s Web site at http:// should submit an original and 14 copies application. If an intervener files www.ferc.gov using the ‘‘eLibrary’’ link. of the protest or intervention to the comments or documents with the Enter the docket number (P–2403, P– Federal Energy Regulatory Commission, Commission relating to the merits of an 2312, or P–2721) excluding the last 888 First Street, NE., Washington, DC issue that may affect the responsibilities three digits in the docket number field 20426. of a particular resource agency, they to access the document. For assistance, This filing is accessible on-line at must also serve a copy of the document contact FERC Online Support at http://www.ferc.gov, using the on that resource agency. A copy of all [email protected] or toll- ‘‘eLibrary’’ link and is available for other filings in reference to this free at 1–866–208–3372, or for TTY, review in the Commission’s Public application must be accompanied by (202) 502–8659. Reference Room in Washington, DC. proof of service on all persons listed in For further information, contact There is an ‘‘eSubscription’’ link on the the service list prepared by the Christopher Yeakel at (202) 502–8132. Web site that enables subscribers to receive e-mail notification when a Commission in this proceeding, in Kimberly D. Bose, accordance with 18 CFR 4.34(b) and document is added to a subscribed Secretary. 385.2010. docket(s). For assistance with any FERC [FR Doc. 2010–12500 Filed 5–24–10; 8:45 am] Online service, please e-mail Kimberly D. Bose, BILLING CODE 6717–01–P [email protected], or call Secretary. (866) 208–3676 (toll free). For TTY, call [FR Doc. 2010–12501 Filed 5–24–10; 8:45 am] (202) 502–8659. DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory on June 7, 2010. Commission DEPARTMENT OF ENERGY Kimberly D. Bose, [Docket No. RM06–22–013] Secretary. Federal Energy Regulatory Commission North American Electric Reliability [FR Doc. 2010–12504 Filed 5–24–10; 8:45 am] BILLING CODE 6717–01–P [Project Nos. 2403–056; 2721–020; 2312– Corporation; Notice of Filing 019] May 18, 2010. DEPARTMENT OF ENERGY Penobscot River Restoration Trust; Take notice that on May 17, 2010, North American Electric Reliability Notice of Availability of Final Federal Energy Regulatory Environmental Assessment Corporation (NERC) submitted revisions to 57 sets of Violation Severity Level Commission May 18, 2010. (VSL) assignments for Version 1 of the ILP Effectiveness Evaluation 2010; In accordance with the National Critical Infrastructure Protection (CIP) Georgia Power Company; et al.; Notice Environmental Policy Act of 1969 and Reliability Standards, in compliance of Interviews, Teleconferences, the Federal Energy Regulatory with to the Commission’s March 18, Regional Workshops and Multi- Commission’s regulations, 18 CFR part 2010 Order, Mandatory Reliability Stakeholder Technical Conference on 380 (Order No. 486,52 FR 47879) the Standards for Critical Infrastructure The Integrated Licensing Process Office of Energy Projects has prepared Protection, Order Addressing Violation an Final Environmental Assessment Severity Level Assignments for Critical May 18, 2010.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29337

ILP Effectiveness Evaluation 2010...... Docket No. AD10–7– 000. Georgia Power Company ...... Project No. 2237–013. Public Service Company of New Hampshire ...... Project No. 7528–004. Pacific Gas & Electric Company ...... Project No. 803–068. Pacific Gas & Electric Company ...... Project No. 2106–059. PPL, Montana, LLC ...... Project No. 2301–019. Energy Northwest ...... Project No. 2244–022. Appalachian Power Company ...... Project No. 2210–169 Appalachian Power Company ...... Project No. 739–022. Public Service Company of Colorado ...... Project No. 400–051 Public Service Company of Colorado ...... Project No. 12589–001. Green Island Power Authority ...... Project No. 13–023. City of Seattle ...... Project No. 2144–038. Public Utility District of Snohomish Co., WA ...... Project No. 2157–188. Northern Lights, Inc...... Project No. 2594–013. Onyx Specialty Papers, Inc ...... Project No. 2985–006. Mahoning Creek Hydro. Co., LLC ...... Project No. 12555–004. Vermont Marble Power Division of Omya Inc ...... Project No. 2558–029. FPL Energy Maine Hydro LLC ...... Project No. 2615–037. Douglas County PUD ...... Project No. 2149–131.

As part of our commitment to ILP. Because of ex parte concerns, DEPARTMENT OF ENERGY ensuring the effectiveness of the discussions will be limited to process Integrated Licensing Process (ILP), rather than the merits of any proceeding Federal Energy Regulatory Federal Energy Regulatory Commission before the Commission. Commission (FERC) is undertaking a second FERC is exploring hosting the [Docket No. PR10–24–000] effectiveness evaluation. To facilitate Regional Effectiveness Workshops in the this review, FERC has contracted with following locations: New York, American Midstream (Alabama Kearns & West to conduct the 2010 ILP California, Virginia or North Carolina, Intrastate), LLC ; Notice of Petition for Effectiveness Evaluation. This effort and Washington State. Rate Approval includes conducting interviews and teleconferences with a cross-section of The workshops are open to the public May 18, 2010. stakeholders, four regional workshops, and all interested parties are invited to Take notice that on May 14, 2010, and a multi-stakeholder effectiveness attend and participate. Meeting details American Midstream (Alabama technical conference in Washington, and logistics will be noticed and posted Intrastate), LLC (Alabama Intrastate) DC. We invite stakeholders to provide on the Commission’s Web page and filed a petition for rate approval lessons learned from their experience as calendar (http://www.ferc.gov/). pursuant to section 284.123(b)(2) of the a participant in the ILP. Commission’s regulations. Alabama Multi-Stakeholder ILP Effectiveness Intrastate states it is filing for approval Interviews and Teleconferences Technical Conference of the continuation of its currently Over the next few weeks, members of effective maximum transportation rate Kearns & West will be conducting A one-day, multi-stakeholder of $0.1621 per MMBtu, plus phone interviews with a number of technical conference will be held on reimbursement of actual fuel and lost representatives of agencies, tribes, non- Wednesday, November 3, 2010, from 11 and unaccounted-for quantities up to governmental organizations, licensees, a.m. (EST) to 3 p.m., in the Commission three percent for interruptible Commission staff, and others involved Meeting Room at the Federal Energy transportation service provided in the above-identified hydropower Regulatory Commission, 888 First pursuant to Section 311 of the NGPA. licensing proceedings. Applicants in Street, NW., Washington, DC. The Any person desiring to participate in these proceedings have completed the technical conference will focus on this rate proceeding must file a motion pre-filing efforts and filed license gathering information to evaluate the to intervene or to protest this filing must applications using the ILP. Other effectiveness of the ILP and refining file in accordance with Rules 211 and participants in these or other ILP ideas to better implement the ILP. The 214 of the Commission’s Rules of proceedings are encouraged to share technical conference is open to the Practice and Procedure (18 CFR 385.211 their thoughts at the workshops and public and all interested parties are and 385.214). Protests will be technical conference. Following the invited to attend and participate. considered by the Commission in completion of the interviews, three We are exploring opportunities for determining the appropriate action to be teleconferences by sectors (i.e. remote listening, participating, and taken, but will not serve to make protestants parties to the proceeding. applicants, resource agencies and tribes, viewing the Technical Conference. Final Any person wishing to become a party and non-governmental organizations) details will be noticed and posted no must file a notice of intervention or will be held between July 19 and July later than October 1, 2010. 30, 2010. motion to intervene, as appropriate. For additional information, please Such notices, motions, or protests must Regional Effectiveness Workshops contact David Turner at 202–502–6091 be filed on or before the date as Commission staff will hold four or [email protected]. indicated below. Anyone filing an regional workshops on the ILP in intervention or protest must serve a September 2010. The purpose of the Kimberly D. Bose, copy of that document on the Applicant. regional workshops is to seek further Secretary. Anyone filing an intervention or protest feedback on experiences in the ILP and [FR Doc. 2010–12497 Filed 5–24–10; 8:45 am] on or before the intervention or protest to explore ideas to better implement the BILLING CODE 6717–01–P date need not serve motions to intervene

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29338 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

or protests on persons other than the measures. Attached to this notice is the • Robert S. Checketts, MidAmerican Applicant. agenda of conference. Energy Pipeline Group. The Commission encourages A free Webcast of this event is • Al Behrens, Northern Border electronic submission of protests and available through http://www.ferc.gov. Pipeline. interventions in lieu of paper using the Anyone with Internet access who 10:45 a.m.—Panel 3: Waste Heat ‘‘eFiling’’ link at http://www.ferc.gov. desires to listen to this event can do so Recovery Facilities Installation Persons unable to file electronically by navigating to the Calendar of Events Topics include issues and solutions should submit an original and 14 copies at http://www.ferc.gov and locating this for installing waste heat recovery of the protest or intervention to the event in the Calendar. The event will facilities on natural gas pipelines from Federal Energy Regulatory Commission, contain a link to its Webcast. The the facility manufacturers’ standpoint. 888 First Street, NE., Washington, DC Capitol Connection provides technical • Paul Thomsen, Ormat 20426. support for webcasts and offers the Technologies. This filing is accessible on-line at option of listening to the conference via • Jeremy Barnes, GE Oil & Gas. http://www.ferc.gov, using the phone-bridge for a fee. If you have any 11:45 a.m.—Break for Lunch ‘‘eLibrary’’ link and is available for questions, visit http:// 12:45 p.m.—Panel 4: Cost Allocation review in the Commission’s Public www.CapitolConnection.org or call (703) and Revenue Crediting for Reference Room in Washington, DC. 993–3100. Efficiency Measures ‘‘ ’’ There is an eSubscription link on the FERC conferences are accessible Topics to include rate impacts, tariff Web site that enables subscribers to under section 508 of the Rehabilitation concerns and revenue allocations for receive e-mail notification when a Act of 1973. For accessibility efficiency measures, waste heat recovery document is added to a subscribed accommodations please send an e-mail facilities and issues associated with docket(s). For assistance with any FERC to [email protected] or call toll free fugitive methane. Online service, please e-mail 866–208–3372 (voice) or (202)–208– • Richard D. Murphy, S.V.P. Energy [email protected], or call 1659 (TTY), or send a FAX to (202) 208– Solutions Services, National Grid, on (866) 208–3676 (toll free). For TTY, call 2106 with the required behalf of AGA. (202) 502–8659. accommodations. • Richard Notte, on behalf of Process Comment Date: 5 p.m. Eastern Time For information about the conference, Gas Consumers Group. on Tuesday, May 25, 2010. please contact Pamela Romano at (202) • Michael McMahon, Boardwalk 502–6854 or [email protected]. Kimberly D. Bose, Pipeline Partners. • Secretary. Kimberly D. Bose, Tony Straquadine, Alliance [FR Doc. 2010–12498 Filed 5–24–10; 8:45 am] Secretary. Pipeline Inc. 1:45 p.m.—Open Forum BILLING CODE 6717–01–P Federal Energy Regulatory Commission 2:45 p.m.—Closing Remarks Energy Efficiency of Natural Gas 3 p.m.—Adjourn DEPARTMENT OF ENERGY Infrastructure and Operations [FR Doc. 2010–12499 Filed 5–24–10; 8:45 am] Conference BILLING CODE 6717–01–P Federal Energy Regulatory Commission Public Conference; May 25, 2010 9 a.m.—Opening Remarks and ENVIRONMENTAL PROTECTION [Docket No. AD09–11–000] Introductions AGENCY 9:10 a.m.—Agenda Overview [FRL–9154–8] Energy Efficiency of Natural Gas Pamela Romano, Facilitator, Office of Infrastructure and Operations Energy Projects EPA Board of Scientific Counselors Conference; Final Notice of Public 9:15 a.m.—Panel 1: Industry Trade Advisory Board; Notice of Charter Conference Groups Renewal Topics include efficiency measures May 18, 2010. AGENCY: Environmental Protection across the national pipeline grid. As announced in the ‘‘Notice of Public Agency (EPA). • Richard D. Murphy, S.V.P. Energy Conference’’ issued on March 31, 2010, ACTION: Notice of charter renewal. a public conference will be held on May Solutions Services, National Grid, on 25, 2010, from 9 a.m. to 3 p.m. (EST) in behalf of the American Gas Association Notice is hereby given that the (AGA). the Commission Meeting Room at the • Environmental Protection Agency (EPA) Federal Energy Regulatory Commission, Bryan Neskora, Tennessee Gas has determined that, in accordance with 888 First Street, NE., Washington, DC Pipeline, on behalf of The Interstate the provisions of the Federal Advisory 20426. The conference will be open for Natural Gas Association of America Committee Act (FACA), 5 U.S.C. App.2, the public to attend and advance (INGAA). the EPA Board of of Scientific registration is not required. Members of 9:45 a.m.—Panel 2: Interstate Natural Counselors Advisory Board (BOSC) is a the Commission are expected to attend Gas Pipeline Companies necessary committee which is in the and participate in the conference. Topics include efficiency measures as public interest. Accordingly, BOSC will The purpose of this conference is to well as opportunities for waste heat be renewed for an additional two-year explore issues related to efficiency recovery projects and issues associated period. The purpose of BOSC is to measures on the interstate natural gas with fugitive methane. provide advice and recommendations to grid as well as waste heat recovery • Bruce Hedman, ICF International, the Administrator regarding science and opportunities. This conference will also on behalf of INGAA. engineering research, programs and provide an opportunity for interested • Scott Messersmith, Questar Pipeline plans, laboratories, and research- parties to express their views and Co. management practices. Inquiries may be suggestions regarding ongoing efforts at • Murray Birch, Alliance Pipeline directed to Greg Susanke, U.S. EPA, the Commission to promote efficiency Inc. (Mail Code 8104R), 1200 Pennsylvania

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29339

Avenue, NW., Washington, DC 20460, meeting to conduct a peer review of the Availability of Meeting Materials: telephone (202) 564-9945, or EPA’s draft technical documents, The Agendas and materials in support of this [email protected]. Effects of Mountaintop Mines and meeting will be placed on the EPA Web Dated: March 10, 2010. Valley Fills on Aquatic Ecosystems of site at http://www.epa.gov/sab in advance of the meeting. For technical Paul T. Anastas, the Central Appalachian Coalfields External Review Draft (December 2009), questions and information concerning Assistant Administrator, Office of Research EPA’s draft document, please contact and Development. and Field-Based Aquatic Life Benchmark for Conductivity in Central Dr. Michael Slimak, EPA Office of [FR Doc. 2010–12618 Filed 5–24–10; 8:45 am] Appalachian Streams, External Review Research and Development (ORD), at BILLING CODE 6560–50–P Draft (March 2010). The SAB was (703) 347–8524 or by e-mail at established pursuant to 42 U.S.C. 4365 [email protected]. to provide independent scientific and Procedures for Providing Public Input: ENVIRONMENTAL PROTECTION Public comment for consideration by AGENCY technical advice to the Administrator on the technical basis for Agency positions EPA’s federal advisory committees and [FRL–9154–7] and regulations. panels has a different purpose from The SAB is a Federal Advisory public comment provided to EPA Science Advisory Board Staff Office; Committee chartered under FACA. The program offices. Therefore, the process Notification of a Public Meeting of the SAB will comply with the provisions of for submitting comments to a Federal SAB Panel for the Review of Effects of FACA and all appropriate SAB Staff advisory committee is different from the Mountaintop Mines and Valley Fills on Office procedural policies. process used to submit comments to an Aquatic Ecosystems and Aquatic Life Background: EPA’s Office of Research EPA program office. Benchmark for Conductivity Federal advisory committees and and Development (ORD) prepared a panels, including scientific advisory scientific assessment of the ecological AGENCY: Environmental Protection committees, provide independent impacts related to mountaintop mining Agency (EPA). advice to EPA. Members of the public and valley-fill operations entitled ‘‘The ACTION: Notice. can submit comments for a Federal Effects of Mountaintop Mines and advisory committee to consider as it SUMMARY Valley Fills on Aquatic Ecosystems of : The EPA Science Advisory develops advice for EPA. They should ’’ Board (SAB) Staff Office announces a the Central Appalachian Coalfields. send their comments directly to the public meeting of the SAB Panel for the The scope of this assessment includes: Designated Federal Officer for the review of two EPA draft documents on loss of headwater streams, downstream relevant advisory committee. Oral the Effects of Mountaintop Mines and water quality and subsequent effects on Statements: In general, individuals or Valley Fills on Aquatic Ecosystems, and in-stream biota, and cumulative groups requesting an oral presentation on Aquatic Life Benchmark for ecological impacts. In addition, the draft at a public meeting will be limited to Conductivity. assessment evaluates restoration and five minutes per speaker, with no more recovery methods used by mining DATES: The public meeting will be held than a total of one hour for all speakers. companies to address these ecological on July 20, 2010 from 8:30 a.m. to 5 p.m. Each person making an oral statement impacts associated with mountaintop (Eastern Daylight Time), July 21, 2010 should consider providing written mining and valley-fill operations. ORD from 8:30 a.m. to 5 p.m., and July 22, comments as well as their oral statement also developed the ‘‘Field-Based Aquatic 2010 from 8 a.m. to 12 p.m. (Eastern so that the points presented orally can Life Benchmark for Conductivity in Daylight Time). be expanded upon in writing. Interested Central Appalachian Streams’’ report parties should contact Mr. Edward ADDRESSES: The face-to-face meeting on that uses field data to derive an aquatic July 20–22, 2010 will be held at the Hanlon, DFO, in writing (preferably via life benchmark value for conductivity (a e-mail) at the contact information noted Washington Plaza Hotel at 10 Thomas measure of salinity) that may be applied Circle, NW., Washington, DC 20005; above by July 13, 2010 to be placed on to waters in the Appalachian Region the list of public speakers at the face-to- telephone (202) 842–1300. 2¥ that are dominated by salts of SO4 face meeting. Written Statements: FOR FURTHER INFORMATION CONTACT: ¥ Any and HCO3 . ORD requested that the Written statements should be supplied member of the public wishing to obtain SAB review and provide advice on the to the DFO via email at the contact information concerning the public scientific adequacy, suitability and information noted above by July 13, meeting may contact Mr. Edward appropriateness of both the draft 2010 so that the information may be Hanlon, Designated Federal Officer Aquatic Ecosystem Report and the draft made available to the Committee (DFO), EPA Science Advisory Board Conductivity Benchmark Report. members for their consideration. Staff Office (1400F), U.S. Environmental In response to ORD’s request, the SAB Written statements should be supplied Protection Agency, 1200 Pennsylvania Staff Office solicited nominations of in one of the following electronic Avenue, NW., Washington, DC 20460; experts and formed a review panel for formats: Adobe Acrobat PDF, MS Word, by telephone/voice mail at (202) 343– the Review of Effects of Mountaintop MS PowerPoint, or Rich Text files in 9946 or at [email protected]. Mines and Valley Fills on Aquatic IBM–PC/Windows 98/2000/XP format. General information about the SAB, as Ecosystems, and Aquatic Life Submitters are requested to provide well as any updates concerning the Benchmark for Conductivity [Federal versions of signed documents, meeting announced in this notice, may Register Notice dated February 3, 2010 submitted with and without signatures, be found on the EPA Web site at (75 FR 5589—5590)]. The panel will because the SAB Staff Office does not http://www.epa.gov/sab. provide advice on the ecological publish documents with signatures on SUPPLEMENTARY INFORMATION: Pursuant impacts related to mountaintop mining its Web sites. to the Federal Advisory Committee Act and valley-fill operations and on Accessibility: For information on (FACA), 5 U.S.C., App. 2, notice is deriving an aquatic benchmark for access or services for individuals with hereby given that the SAB Mountaintop conductivity using field data. During the disabilities, please contact Mr. Edward Mining/Valley Fill/Conductivity Review face-to-face meeting, the panel will Hanlon at (202) 343–9946 or at Panel will hold a public face-to-face review the technical documents. [email protected]. To request

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29340 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

accommodation of a disability, please B. Federal Reserve Bank of conducted throughout the United States. contact Mr. Hanlon preferably at least Richmond (A. Linwood Gill, III, Vice Additional information on all bank ten days prior to each meeting to give President) 701 East Byrd Street, holding companies may be obtained EPA as much time as possible to process Richmond, Virginia 23261–4528: from the National Information Center your request. 1. CapGen Capital Group IV LLC and website at www.ffiec.gov/nic/. Dated: May 18, 2010. CapGen Capital Group IV LP, both of Unless otherwise noted, comments Anthony F. Maciorowski, New York, New York; to become bank regarding each of these applications holding companies by acquiring up to must be received at the Reserve Bank Deputy Director, EPA Science Advisory Staff Office. 49.9 percent of the voting securities of indicated or the offices of the Board of Jacksonville Bancorp, and The Governors not later than June 18, 2010. [FR Doc. 2010–12617 Filed 5–24–10; 8:45 am] Jacksonville Bank, both of Jacksonville, A. Federal Reserve Bank of BILLING CODE 6560–50–P Florida. Richmond (A. Linwood Gill, III, Vice C. Federal Reserve Bank of Dallas (E. President) 701 East Byrd Street, Ann Worthy, Vice President) 2200 Richmond, Virginia 23261-4528: FEDERAL RESERVE SYSTEM North Pearl Street, Dallas, Texas 75201– 1. CapGen Capital Group IV LLC and CapGen Capital Group IV LP, both of Formations of, Acquisitions by, and 2272: 1. Icon Capital Corporation, Houston, Mergers of Bank Holding Companies New York, New York; to become bank Texas; to become a bank holding holding companies through the The companies listed in this notice company by acquiring 100 percent of acquisition of up to 49.9 percent of the have applied to the Board for approval, the voting shares of Icon Bank of Texas, voting shares of Jacksonville Bancorp, pursuant to the Bank Holding Company N. A., Houston, Texas. Jacksonville, Florida, and thereby Act of 1956 (12 U.S.C. 1841 et seq.) 2. Texas Banc Financial Corporation, indirectly acquire The Jacksonville (BHC Act), Regulation Y (12 CFR Part Fort Worth, Texas; to acquire 100 Bank, Jacksonville, Florida. percent of the voting shares of The 225), and all other applicable statutes Board of Governors of the Federal Reserve and regulations to become a bank Bank, Weatherford, Texas. System, May 20, 2010. holding company and/or to acquire the Board of Governors of the Federal Reserve Robert deV. Frierson, assets or the ownership of, control of, or System, May 19, 2010. Deputy Secretary of the Board. the power to vote shares of a bank or Robert deV. Frierson, [FR Doc. 2010–12509 Filed 5–24–10; 8:45 am] bank holding company and all of the Deputy Secretary of the Board. BILLING CODE 6210–01–S banks and nonbanking companies [FR Doc. 2010–12459 Filed 5–24–10; 8:45 am] owned by the bank holding company, BILLING CODE 6210–01–S including the companies listed below. The applications listed below, as well FEDERAL TRADE COMMISSION as other related filings required by the FEDERAL RESERVE SYSTEM Board, are available for immediate Agency Information Collection inspection at the Federal Reserve Bank Formations of, Acquisitions by, and Activities; Submission for OMB indicated. The applications also will be Mergers of Bank Holding Companies Review; Comment Request available for inspection at the offices of AGENCY: The companies listed in this notice Federal Trade Commission the Board of Governors. Interested (FTC or Commission). persons may express their views in have applied to the Board for approval, ACTION: Notice. writing on the standards enumerated in pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) the BHC Act (12 U.S.C. 1842(c)). If the SUMMARY: The FTC proposes to issue proposal also involves the acquisition of (BHC Act), Regulation Y (12 CFR Part compulsory process orders to major a nonbanking company, the review also 225), and all other applicable statutes food and beverage manufacturers, includes whether the acquisition of the and regulations to become a bank distributors, and marketers and quick nonbanking company complies with the holding company and/or to acquire the service restaurant companies for standards in section 4 of the BHC Act assets or the ownership of, control of, or information concerning, among other (12 U.S.C. 1843). Unless otherwise the power to vote shares of a bank or things, their marketing activities and noted, nonbanking activities will be bank holding company and all of the expenditures targeted toward children conducted throughout the United States. banks and nonbanking companies and adolescents and nutritional Additional information on all bank owned by the bank holding company, information about the companies’ food holding companies may be obtained including the companies listed below. and beverage products marketed to The applications listed below, as well from the National Information Center children and adolescents. As required as other related filings required by the website at www.ffiec.gov/nic/. by the Paperwork Reduction Act (PRA), Board, are available for immediate Unless otherwise noted, comments the FTC is submitting the proposed inspection at the Federal Reserve Bank regarding each of these applications information collection to the Office of indicated. The applications also will be must be received at the Reserve Bank Management and Budget (OMB) for available for inspection at the offices of indicated or the offices of the Board of review and is seeking public comments the Board of Governors. Interested Governors not later than June 18, 2010. on the proposed information collection persons may express their views in A. Federal Reserve Bank of Boston and the associated PRA burden writing on the standards enumerated in (Richard Walker, Community Affairs estimates. Officer) P.O. Box 55882, Boston, the BHC Act (12 U.S.C. 1842(c)). If the Massachusetts 02106–2204: proposal also involves the acquisition of DATES: Comments must be filed on or 1. FHB Formation LLC, Boston, a nonbanking company, the review also before June 24, 2010. Massachusetts; to become a bank includes whether the acquisition of the ADDRESSES: Interested parties are holding company by acquiring up to 60 nonbanking company complies with the invited to submit written comments percent of the voting shares of Northeast standards in section 4 of the BHC Act electronically or in paper form, by Bancorp and Northeast Bank, both of (12 U.S.C. 1843). Unless otherwise following the instructions in Part IV of Lewiston, Maine. noted, nonbanking activities will be the SUPPLEMENTARY INFORMATION section

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29341

below. Comments in electronic form children (ages 2-11) and adolescents companies have not engaged in should be submitted by using the (ages 12-17), such as carbonated and significant marketing efforts but, in following weblink: (https:// non-carbonated beverages, snacks, recent years, some of these fruit and public.commentworks.com/ftc/ baked goods, cereals, prepared meals, vegetable companies have packaged and foodmarketingPRA2) (and following the candy, dairy products, and restaurant promoted their products in ways likely instructions on the web-based form). food. The study found that the reporting to appeal to children, such as by using Comments in paper form should be companies spent more than $1.6 billion licensed characters popular with mailed or delivered to the following marketing their products to children children in their product labels and address: Federal Trade Commission, and adolescents in 2006, and employed displays. Gathering information on Office of the Secretary, Room H-135 a variety of techniques, including these practices will enable FTC staff to (Annex J), 600 Pennsylvania Avenue, promotion through traditional measured compare the marketing techniques and N.W., Washington, D.C. 20580, in the media, the Internet and other ‘‘new’’ expenditures being used to market fruits manner detailed in the SUPPLEMENTARY media, product packaging, and in-store and vegetables relative to foods that INFORMATION section below. advertising, as well as integrated traditionally have been more frequently FOR FURTHER INFORMATION CONTACT: campaigns that combined several marketed to children and adolescents. techniques and cross-promotions with Requests for additional information The information requests will seek should be addressed to Carol Jennings, media and entertainment companies. In addition to presenting the study much of the same types of data and (202) 326-3010, or Sarah Botha, (202) information collected for the 2006 326-2036, Attorneys, Division of findings, the FTC 2008 Report included several recommendations, among them study, such as: (1) the categories of Advertising Practices, Bureau of foods5 marketed to children (ages 2-11 Consumer Protection, Federal Trade that companies marketing food or beverage products should: (1) adopt years) and adolescents (ages 12-17 Commission. The FTC staff contacts can 6 meaningful, uniform nutrition-based years); (2) the types of measured and be reached by mail at: Federal Trade 7 standards for all products marketed to unmeasured media techniques used to Commission, 600 Pennsylvania Avenue, market food products to children and NW, NJ-3212, Washington, D.C. 20580. children under age 12; and (2) apply these standards to all advertising and adolescents; (3) the amount spent to SUPPLEMENTARY INFORMATION: promotional techniques.3 The communicate marketing messages about I. Background and Description of the Commission indicated it would issue a food products to youth; (4) the nature of Proposed Information Collection follow-up report assessing the extent to the marketing activities used to market food products to youth; (5) marketing to In July 2008, the FTC published a which the FTC 2008 Report recommendations have been youth of a specific gender, race, report entitled Marketing Food to ethnicity, or income level; and (6) Children and Adolescents: A Review of implemented and whether additional measures may be warranted. marketing policies, initiatives, or Industry Expenditures, Activities, and research in effect or undertaken by the Self-Regulation (FTC 2008 Report).1 The The FTC proposes to send companies relating to the marketing of 2008 Report analyzed expenditures and information requests to 48 food and food and beverage products to children marketing activities by 44 food beverage manufacturers, distributors, and adolescents. The FTC also proposes companies across various promotional and marketers and quick service to gather nutrition information about activity and food product categories for restaurant companies in the United products the companies marketed to the year 2006. The report also reviewed States, 40 of which were recipients of children and adolescents in calendar policies and initiatives undertaken by information requests as part of the years 2006 and 2009, to evaluate companies to encourage healthy eating Commission’s 2006 study. The possible changes in the nutritional and lifestyle choices by children and companies that will receive these content, and variety, of youth-marketed adolescents, and evaluated the extent to information requests are those foods. Further, the Commission which companies had implemented marketing and selling the categories of recommendations of the report from a food and beverage products that appear proposes to seek scientific and market to be advertised to children and research exploring psychological and workshop on Marketing, Self-Regulation 4 & Childhood Obesity that the FTC and adolescents most frequently. Included other factors that may contribute to food the Department of Health and Human among the 48 companies to which the advertising appeal among youth. Services jointly convened in 2005.2 FTC proposes sending the information The proposed information requests The Commission obtained data and collection are several fruit and vegetable will require the companies to provide information for the 2006 study by producers, distributors, and marketers. their marketing activities and issuing compulsory process orders to Traditionally, fruit and vegetable expenditures during the calendar year producers, distributors, and marketers 2009 in 18 different measured and 3 These advertising and promotional techniques of foods frequently advertised to include television, print, and radio; website, Internet, and digital advertising; word-of-mouth and 5 The specific categories that the FTC will 1 The study was requested by Congress in viral advertising; product packaging and retail examine are: breakfast cereals; snack foods; candy conjunction with the Commission’s FY 2006 promotion; movie and video promotion; use of and frozen desserts; dairy products; baked goods; appropriation (Pub. L. No. 109-108). The premiums in connection with the sale of a product; prepared foods and meals; carbonated beverages; Conference Report (H.R. Rep. No. 109-272 (2005)) product placements, character licensing, and cross- fruit juice and non-carbonated beverages; restaurant for this appropriations law incorporated by promotion; athletic sponsorship; celebrity foods; and fruits and vegetables. reference language from the Senate Report (S. Rep. endorsements; and in-school marketing. 6 ‘‘Measured media’’ include methods typically No. 109-88 (2005)) instructing the FTC to prepare 4 Among the 48 proposed recipients are the 16 measured by market research companies such as a report on food industry marketing activities and members of Council of Better Business Bureaus television, radio, print (magazine and newspaper), expenditures targeted to children and adolescents. Children’s Food and Beverage Advertising Initiative and some forms of Internet advertising. 2 See Federal Trade Commission & Department of (CFBAI). The CFBAI member companies reportedly 7 ‘‘Unmeasured media’’ include methods for Health and Human Services, Perspectives on account for at least three-fourths of children’s food which audience size is not typically measured, such Marketing, Self-Regulation & Childhood Obesity and beverage television advertising expenditures; as in-store marketing (including shelf placement), (2006), at (http://www.ftc.gov/os/2006/05/ therefore, the Commission estimates that the events, package promotions, digital marketing, and PerspectivesOnMarketingSelf-Regulation& proposed FTC study will account for significantly product placement in entertainment media ChildhoodObesityFT more than three-fourths of advertising expenditures (including television shows, movies, video games, CandHHSReportonJointWorkshop.pdf). directed toward children and adolescents. and music recordings).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29342 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

unmeasured media categories,8 and will nuts, and beans). This information will (GMA).11 Two of the commenters require expenditure reporting in each enable the Commission to effectively expressly favored the proposed data media category by food category, by analyze the nutritional profile of foods collection, and none of the commenters brand, and, where such advertising marketed to children and adolescents. opposed the data collection. All exists, by sub-brand. Expenditures will In sum, the proposed information commenters made suggestions for be reported separately for marketing requests seek comprehensive enhancing the quality, utility, and activities directed to children ages 2-11 information about activities and clarity of the information to be and for those directed to adolescents expenditures to promote food and collected, and one commenter offered ages 12-17. This information will allow beverages to children and adolescents, suggestions for reducing the burden on the agency to analyze how industry and the nutritional composition of the the companies. members allocate their promotional products marketed to youth. As A. General Support for the Data expenditures among particular food and explained above, this information will Collection beverage products and particular media allow the agency to analyze how for each age group. Total marketing industry members allocate their The RWJF Center commented that the expenditures for each food product, and promotional activities and expenditures proposed information collection will within each promotional activity among various media and for different contribute to the body of knowledge category, will also be collected to permit food products. In addition, the FTC will regarding youth-directed food and the agency to analyze the percentage of be able to evaluate the impact of self- beverage marketing practices. The FMC marketing expenditures for any product regulatory efforts on the nutritional Workgroup offered strong support for or in any media category that is directed profiles of foods marketed to children the proposed data collection, viewing it to children or adolescents. and adolescents. as necessary and useful. The proposed information requests The FTC has the authority to compel B. Utility of the Information Collection also will require the 48 respondents to production of these data and provide specific nutritional data for information from food and beverage In its September 2009 Notice, the FTC each food product that the companies manufacturers, distributors, and invited comments on whether the marketed to children or adolescents in proposed collections of information are 9 marketers, and quick service restaurant 2009. Recipients of the FTC’s previous companies under Section 6(b) of the necessary for the proper performance of information requests for the 2006 study FTC Act, 15 U.S.C. 46(b). Under the the functions of the FTC, including likewise must provide the requested PRA, the FTC must seek approval from whether the information will have nutrition data for each food product that OMB for the information collection, practical utility. The RWJF Center the company identified as marketed to commented that the FTC’s proposed 10 because the number of separately children or adolescents in 2006. The incorporated companies affected by the information collection is important to nutrition data to be requested include Commission’s requests will exceed nine expanding knowledge of food and common nutrient information that entities. 44 U.S.C. 3501-3520. As beverage marketing given changes that typically appears on the Nutrition Facts required by the PRA, the FTC published have occurred in the marketing panel of packaged goods, such as a Federal Register Notice seeking landscape in the past few years, such as serving size, total calories, calories from comments from the public concerning novel new media and market research fat, total fat, saturated fat, trans fat, the proposed collection of information techniques. The FMC Workgroup cholesterol, sodium, potassium, total from food and beverage companies and commented that collecting 2006 and carbohydrate, dietary fiber, sugars, quick service restaurants. See 74 FR 2009 data will allow the FTC to assess protein, vitamin A, vitamin C, calcium, 48072 (Sept. 21, 2009) (hereinafter the extent to which companies have and iron. The Commission also intends ‘‘ ’’ implemented the Commission’s 2008 to seek certain other information, September 2009 Notice ). In response, the FTC received six comments recommendations, and to identify including added sugar, all grain content additional actions that may be and whole grains content, fruit and fruit (discussed below). Pursuant to the OMB regulations (5 CFR part 1320) that warranted. The FMC Workgroup also juice content, vegetable and vegetable agreed that collecting nutritional data juice content, dairy content, and implement the PRA, the FTC is providing this second opportunity for will allow the Commission to better information on certain protein-rich evaluate the impact of self-regulatory foods (e.g., fish, lean meat/poultry, egg, public comment while requesting that OMB grant the clearance for the pledges. 8 These are: (1) television advertising; (2) radio proposed collection of information. All C. Suggestions for Improvements to advertising; (3) print advertising; (4) company- comments should be filed as prescribed Proposed Information Collection sponsored Internet sites; (5) other Internet and in Part IV of this SUPPLEMENTARY digital advertising; (6) packaging and labeling; (7) INFORMATION section, and must be The FTC invited comments in its movie theater/video/video game advertising; (8) in- received on or before June 24, 2010. September 2009 Notice on ways to store advertising and promotions; (9) specialty item enhance the quality, utility, and clarity or premium distribution; (10) public entertainment II. Public Comments events; (11) product placements; (12) character of the information to be collected. The licensing, toy-co-branding, and cross-promotions; In response to the September 2009 FTC received several suggestions for (13) sponsorship of sports teams or individual Notice, the Commission received enhancing the FTC’s proposed athletes; (14) word-of-mouth and viral marketing; collection of marketing data by (15) celebrity endorsements; (16) in-school comments from the Robert Wood marketing; (17) advertising in conjunction with Johnson Foundation Center to Prevent collecting the following: (1) exposure philanthropic endeavors; and (18) other Childhood Obesity (RWJF Center), data for measured media and new media expenditures. Children Now, Food Marketing to (e.g., Internet, digital, and viral 9 If a company reformulated the food product in marketing); (2) additional data for new 2009, the company must provide nutritional data Children Workgroup (FMC Workgroup), for the last of the formulations in 2009. the African American Collaborative media, including certain expenditure 10 For ease of reporting, the FTC will provide each Obesity Research Network (AACORN), data and measures of ad effectiveness; company that submitted a Special Report for the Children’s Food and Beverage calendar year 2006 with a pre-populated 11 The comments are available at (http:// spreadsheet showing the products that the company Advertising Initiative (CFBAI), and the www.ftc.gov/os/comments/foodmktgkids-2/ previously identified as marketed to youth. Grocery Manufacturers Association index.shtm).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29343

(3) additional market research data; (4) on overall child or adolescent exposure 2. New media other marketing data based on race, to food ads runs a much higher risk of The RWJF Center and Children Now ethnicity, age, and other demographic over-inclusiveness. An exposure suggested that the FTC gather additional indicators; and (5) data regarding approach does not distinguish between expenditure data for new media, such as nutrition information and specific food ads placed on children’s programming information on paid search term and categories. and ads placed on general audience or display advertising, email marketing, 1. Exposure data adult programs that happen to have mobile marketing, digital marketing, many child viewers. Although exposure Children Now, the RWJF Center, and social media marketing, and behavioral data might show whether children and targeting. Both commenters referenced the FMC Workgroup suggested that adolescents are seeing more or fewer ads gathering exposure data is important to increased use of emerging digital media in particular food categories,12 these accurately evaluate child and adolescent practices in the last few years. The data would not aid the Commission’s exposure to measured media and RWJF Center also requested that the assessment of whether the level of various interactive media techniques. Commission assess the effectiveness of The RWJF Center and Children Now intentional targeting of youth with food online and mobile marketing by suggested the FTC gather data on and beverage ads has changed over time. evaluating companies’ implementation exposure and impressions, and the Separately, an exposure approach of self-regulatory policies and use of RWJF Center also suggested gathering could substantially increase the other measures of advertising data on the demographic makeup of the compliance burden on the companies. effectiveness. audiences (e.g., distributions by age An ad for a food product might generate As it did for the FTC 2008 Report, the group and among racial and ethnic a substantial number of youth Commission will request expenditure minority populations). The FMC impressions simply because it ran on data for the forms of new media Workgroup requested that exposure data programs with large general audiences, identified above, including online be collected and disaggregated among such as American Idol or The Simpsons. display advertising, e-mail marketing, different types of new media. Yet, the same ad might never have run mobile marketing, and digital The Congressional appropriations on shows watched predominantly by marketing. In addition to reporting on expenditures and promotional activities language upon which the FTC 2008 children or adolescents. Thus, an for these types of marketing, the follow- Report was based instructed the FTC to exposure approach potentially could up report will include an analysis of prepare a report on food industry encompass many more food products online display advertising that may be marketing activities and expenditures than the percentage of the audience ‘‘ ’’ targeted to youth and time spent at food targeted toward children and approach.13 adolescents. In other words, Congress company websites by youth, using data asked the FTC to examine food Finally, the Commission notes that acquired from comScore and Nielsen advertising intentionally marketed to the FTC14 and several outside Online. The Commission also will youth. Because it was not feasible for researchers have conducted exposure obtain data from comScore’s Ad Metrix the Commission to make ad-by-ad, fact- analyses of food and beverage television Mobile service to evaluate how much intensive determinations of intent, the advertising.15 In addition, the mobile marketing teens see and the FTC relied on objective criteria. For Commission’s follow-up report will amount of food ads they see relative to television, an ad was deemed to be include: an analysis of television ads for other types of products on the child-targeted if the company’s expenditures on the top five broadcast mobile platform. For data on the marketing plan so indicated or if the shows for children and adolescents effectiveness of online and mobile advertisement appeared during a based on audience share; data on online marketing and the use of behavioral program that had a 30% child audience; display ad impressions for foods targeting, the Commission will obtain a 20% threshold was used for generated on child- or teen-oriented marketing research studies from the adolescent-targeted ads. The percentage websites; and an analysis of time spent food companies; to the extent the threshold for child-targeted Internet by youth on websites operated by food companies have researched the appeal advertising was 20% (as opposed to companies based on data purchased and effectiveness of new media 30% for television) because relatively from media research firms. platforms and behavioral targeting to fewer children are active Internet users. individuals under the age of 18, the The FTC chose these percentages 12 To do this comparison, the Commission also Commission will evaluate and report on because they are approximately double would have to collect this data for 2006, thereby that research. the percentages of children and increasing the compliance burden on the adolescents in the medium’s overall companies. 3. Market research data 13 Indeed, GMA commented that the FTC’s audience. The Commission inferred that criteria of a ‘‘30% Children Audience’’ and a ‘‘20% The RWJF Center requested that the a company intended to target children Adolescent Audience’’ are too broad to determine if FTC obtain information and or adolescents by advertising on a show certain types of advertising are directed to children expenditures on neuroscience and or website that disproportionately or adolescents. biometric studies used for developing or 14 attracted youth to such a high degree. Federal Trade Commission, Bureau of implementing food advertising, as well Economics Staff Report, Children’s Exposure to Although the ‘‘percentage of Television Advertising in 1977 and 2004: as research on advertising effectiveness. audience’’ approach runs some risk of Information for the Obesity Debate (2007), at The FMC Workgroup agreed that the under-inclusiveness – i.e., by not (www.ftc.gov/os/2007/06/cabecolor.pdf). FTC should seek information on novel capturing ads placed on programs that 15 E.g., Harris, et al., Rudd Center for Food Policy market research techniques (e.g., & Obesity at Yale Univ., Cereal F.A.C.T.S. (2009), have a relatively low percentage, but available at (www.cerealfacts.org/media/ neuromarketing and biometric high number, of child or adolescent Cereal_FACTS_Report.pdf); Powell, et al., measures). viewers – it established an adequate Nutritional Content of Television Food The FTC has incorporated into the benchmark for future assessments of Advertisements Seen by Children and Adolescents proposed information requests specific in the United States, 120 Pediatrics 576-83 (2007); whether food advertisers have altered Powell, et al., Exposure to Food Advertising on requests for market research on their youth-targeted marketing. By Television Among U.S. Children, 161 Archives of advertising effectiveness and comparison, an approach that focuses Pediatrics & Adolescent Med. (2007). neurological or other factors that may

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29344 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

contribute to food advertising appeal nutritional improvements between 2006 minimize the burden of the collection of among youth. More generally, the and 2009, the Commission will gather information on those who are to Commission believes the wording of the detailed nutrition information from food respond. GMA responded; no individual proposed Specification on market and beverage companies. companies submitted suggestions. research is sufficiently broad to yield For purposes of evaluating changes in GMA suggested that the FTC the type of information described by the the nutrition profile of foods marketed eliminate or consolidate collection of commenters. to youth, the CFBAI recommended that data from categories that accounted for the Commission consider the nutritional few expenditures or activities based on 4. Targeted demographics data density of products and meals (e.g., the 2006 information collection. The Several comments supported the servings of fruit or vegetable in a food). Commission consolidated the collection Commission’s proposal to collect In addition, the CFBAI requested that of certain categories of information, information on food and beverage the FTC analyze reductions in calories, such as combining the candy and frozen marketing directed to youth based on fat, sugars, and sodium in products dessert food categories and the word-of- gender, race, ethnicity, or income level. advertised by CFBAI participants mouth and viral advertising categories. The Commission believes this between 2006 and 2009. The CFBAI also GMA urged the Commission to wait information is important to collect given requested that the Commission examine until after March 30, 2010 to issue the the prevalence of obesity within marketing expenditures based on the information requests, because 2009 particular minority youth populations.16 food groups (e.g., fruit, dairy) contained calendar year data would not likely be The FMC Workgroup and the AACORN in products and meals marketed to available until late in the Second noted that ethnic minority youth are the youth. The RWJF Center requested that Quarter of 2010. This is a reasonable fastest growing segment among the FTC gather data on the specific products request and, under the current proposed youth population, and at the same time promoted by quick service restaurants time frame, the Commission would not are at greater risk for obesity and related in their advertising (e.g., kids meals, issue the information requests until diseases. In addition, the AACORN value meals). Summer 2010. GMA also requested that cited to research indicating that African- The Commission believes the types of the Commission allow companies 120 American and Hispanic youth are nutrition data it proposes to collect are days, rather than 90 days, to respond to exposed to more food marketing for less in keeping with the recommendations of the requests. The Commission believes nutritious foods than youth in the the CFBAI and the RWJF Center. The that 90 days is a reasonable deadline. general population. FTC proposes to collect information on The Commission will entertain requests The FMC Workgroup and the the nutritional density of products and for limited extension of the deadline on AACORN suggested that the FTC obtain meals marketed to youth, such as the a case-by-case basis as it did in information on the ethnic minority fruit, vegetable, whole grain, and connection with the 2006 data youth groups targeted, the manner in protein content per food serving. collection. which they are selected, the campaigns Likewise, the FTC will be able to GMA asked that the FTC apply and products directed to those groups, analyze changes in calories, fat, sugars, narrower criteria for youth-directed and expenditure and exposure data for and sodium of youth-marketed food reportable expenditures than those used new media targeting those groups. The products based on the nutrition data the in the 2007 Orders to avoid over- Commission’s proposed Specification Commission proposes to collect. The reporting. For example, GMA asserted on targeted youth marketing based on Commission will ask restaurant that some of the FTC’s data requests gender, race, ethnicity, or income level companies to list specific menu items, were not tied to actual or potential seeks information on most of the issues including those offered as children’s audience thresholds, resulting in over- reporting of ad expenditures for identified by the commenters. For meal combinations, and to provide programs in which seventy percent or example, companies must identify the expenditure and nutrition data for each more of the audience were not youth. specific sub-populations to which item advertised to youth in 2009 and GMA also indicated that it was reported expenditures and activities 2006. The Commission intends to overbroad to use ‘‘G’’ and ‘‘PG’’ ratings as relate. In addition, companies must evaluate youth-directed food marketing criteria for defining youth-directed identify which of their policies and nutrition data in a manner consistent movie theater spending, and ‘‘E’’ ratings market research pertain to marketing to with the approach it took for analyzing to define youth-directed video game individuals of a specific gender, race, the 2006 expenditure data, and will spending. The Commission has ethnicity, or income level. report nutrition trends on an aggregated narrowed the criteria for adolescent- 5. Nutrition information and data on basis by food category and media 18 directed movie theater and video game certain food product categories category. advertising by omitting reference to A key recommendation of the FTC D. Suggestions for Minimizing the ‘‘PG’’ and ‘‘E’’ ratings and instead basing 2008 Report was for industry to improve Burden of the Information Collection the determination on whether the the nutritional profile of foods marketed In the September 2009 Notice, the viewing audience constituted at least 17 to children and adolescents. To FTC invited comments on ways to 20% of persons ages 12-17. For adequately assess the scope of assessing child-directed advertising, the 18 As an alternative to providing nutritional Commission believes it is reasonable to 16 For example, data from the Centers for Disease information for each product advertised to youth, maintain use of the ‘‘G’’ movie rating and Control and Prevention (CDC) indicate disparities GMA suggested that the Commission extrapolate the ‘‘EC’’ rating for video games. among adolescent racial and ethnic minorities, with changes in the nutritional content of foods GMA suggested that the Commission prevalence of obesity highest among Hispanic marketed to children and adolescents from 2006 to adolescent boys and African-American adolescent 2009 by collecting samples of product nutrition drop the request for expenditure data on girls. CDC website at (http://www.cdc.gov/obesity/ labels and allowing companies to estimate the advertising purchased during the ‘‘Top childhood/trends.html). See also U.S. Dept. Health number of products to which the labels apply. The 5’’ television shows – that is, the five and Human Services, The Surgeon General’s Vision Commission does not believe that GMA’s suggested broadcast programs with the largest for a Healthy and Fit Nation 2-3 (Jan. 2010), at approach will provide accurate and reliable (http://www.surgeongeneral.gov/library/ information upon which to evaluate the nutritional number of adolescent viewers. In the obesityvision/obesityvision2010.pdf) profiles of foods marketed to youth today as FTC 2008 Report, the Commission did 17 See, e.g., FTC 2008 Report, at 67. compared to those marketed in 2006. not include these expenditures in the

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29345

aggregated figures of money spent on indicated in Section III below, the III. Burden Estimates, Document advertising to children and adolescents. Commission has revised its burden Retention, and Confidentiality Rather, the information was ‘‘noted estimates from those stated in the A. Estimated Hours Burden: 17,550 separately . . . to illustrate the point that September 2009 Notice to reflect hours children and adolescents are exposed to estimated burden hours of 17,550 hours a great deal of advertising that is and an estimated total cost of The FTC staff’s estimate of the hours directed to a general, primarily adult, $5,265,000. However, for the following burden is based on the time required to 19 audience.’’ The Commission has reasons, the FTC does not believe the respond to each information request. decided not to request 2009 expenditure likely burden to be as high as GMA’s The Commission intends to issue the data for the ‘‘Top 5’’ television shows; estimate. First, the FTC proposes to information requests to 48 parent instead the FTC will purchase those send the information requests to companies of food and beverage and data from a media research firm. quick service restaurant advertisers. virtually the same group of companies Finally, GMA expressed concern Because these companies vary in size, in that received the information requests in about the burden of collecting the number of products they market to 2007, and it anticipates that the nutritional data from companies. The children and adolescents, and in the Commission does not believe that companies’ experience in answering the extent and variety of their marketing requiring companies to provide the 2007 requests will inform their and advertising, the FTC staff has information is burdensome. First, the responses to the proposed requests, thus provided a range of the estimated hours nutrient data that the FTC proposes to lessening the time needed to compile burden. seek are limited and are commonly and submit the data to the FTC. Second, Based upon its knowledge of the analyzed in evaluating the nutritional the Commission has incorporated into industries and experience with the 2007 20 quality of food marketed to children. the proposed information requests Orders and input from the GMA, the Second, food and beverage companies detailed guidance, instructions, and staff estimates, on average, that the time often maintain databases with detailed templates for companies to use when required to gather, organize, format, and ingredient information about their responding, in order to promote clarity produce responses to the 6(b) Orders products in order to observe proper and efficiency. will range between 150-300 hours per compliance control issues and food information request for companies that F. Other Requests Contained in safety and labeling standards. The market a single category of product to Comments Nutrition Labeling and Education Act of children and adolescents; thus, an 1990 and FDA regulations require average of 225 hours. Similarly, the FTC packaged foods to bear nutrition Children Now requested that the FTC obtain information from children’s staff estimates that companies that labeling, which contains the majority of market multiple categories of products the nutrition content data that the media companies regarding their to children and adolescents will spend Commission seeks.21 policies for, and revenues from, licensing characters used to promote between 300-900 hours to respond to an E. Accuracy of Estimated Burden of the food and beverage products. The FMC information request; thus, an average of Information Collection 600 hours. The total estimated burden Workgoup also requested that the per company is based on the following In the September 2009 Notice, the Commission gather information from assumptions: FTC invited comments on the accuracy media companies. To be consistent with of the agency’s estimate of the burden of the FTC’s prior information collection, Identify, obtain, and organize product the proposed collection of information, the Commission does not intend to information; prepare including the validity of the expand the scope of the proposed response: 25-175 hours methodology and assumptions used. recipients to include children’s media The Commission estimated the total Identify, obtain, and organize companies. The Commission believes it hours burden to be 12,250 and the total information on marketing will be able to glean relevant cost burden to be $3,675,000. The FTC expenditures; prepare 23 offered broad ranges for estimated costs, information about media companies’ response: 50-250 hours policies and practices on use of licensed which were separated into single- Identify, obtain, and organize characters in food marketing via the category and multiple-category information on, and samples of, information on cross-promotions and company ranges, to account for marketing activities; prepare differences in the number of brands and use of licensed characters that will be response: 25-200 hours the amount of marketing the companies provided by the food and beverage engage in for each brand. companies.22 Identify, obtain, and organize information regarding product GMA commented that the The FMC Workgroup suggested that nutrition information and healthy Commission underestimated the burden the FTC collect information on: (1) the to companies to respond to the initiatives; prepare extent to which companies gather response: 30-200 hours proposed data collection. GMA instead personally identifiable information from anticipated the cost to be $100,000 or children and teens; and (2) the scope of Identify, obtain, and organize more for each company that markets a data profiles that companies maintain information regarding market research single product category and $1 million on youth populations. These issues are and marketing to youth of a specific or more for each company that markets outside the scope of Commission’s focus gender, race, ethnicity, or income multiple product categories. As on food marketing to children and level; prepare response: 20-75 hours 19 FTC 2008 Report at Appendix A, at A-4. adolescents. Total: 150-900 hours 20 The data provide a snapshot comparing calendar years 2006 to 2009; the FTC does not 23 For companies that use substantial amounts of 22 propose to seek information on each nutritional In a separate inquiry, the FTC staff is analyzing unmeasured media for advertising and promotional change that occurred between 2006 and 2009 for information about how media companies license activities, the hours required to respond will be individual products. their character properties and attendant policies for greater than for companies that utilize only small 21 21 U.S.C. 343(q); 21 CFR 101.9. their use. amounts of unmeasured media.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29346 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

The Commission intends to send 30 documentary evidence that may be Paperwork Comment; Project No. information requests to parent responsive to this information collection P094511’’ to facilitate the organization of companies that market a single category within the possession or control of a comments. Please note that your of product to children and adolescents. person, partnership, or corporation comment – including your name and As a result, the staff estimates a total subject to the FTC Act may be subject your state – will be placed on the public burden for these companies of to criminal prosecution. 15 U.S.C. 50; record of this proceeding, including on approximately 6,750 hours (30 see also 18 U.S.C. 1505. the publicly accessible FTC Website, at companies x 225 average burden hours 2. Confidentiality (http://www.ftc.gov/os/ per company). The Commission intends publiccomments.shtm). to send 18 information requests to Section 6(f) of the FTC Act, 15 U.S.C. Because comments will be made parent companies that market multiple 46(f), bars the Commission from public, they should not include any categories of products to children and publicly disclosing trade secrets or sensitive personal information, such as adolescents. As a result, the staff confidential commercial or financial an individual’s Social Security Number; estimates a total burden for these information it receives from persons date of birth; driver’s license number or companies of approximately 10,800 pursuant to, among other methods, other state identification number, or hours (18 companies x 600 average special orders authorized by Section foreign country equivalent; passport burden hours per company). Thus, the 6(b) of the FTC Act. Such information number; financial account number; or staff’s estimate of the total burden is also would be exempt from disclosure credit or debit card number. Comments approximately 17,550 hours. These under the Freedom of Information Act. also should not include any sensitive estimates include any time spent by 5 U.S.C. 552(b)(4). Moreover, under health information, such as medical separately incorporated subsidiaries and Section 21(c) of the FTC Act, 15 U.S.C. records or other individually other entities affiliated with the parent 57b-2(c), a submitter who designates a identifiable health information. In company that has received the submission as confidential is entitled to addition, comments should not include information request. 10 days’ advance notice of any any ‘‘[t]rade secret or any commercial or anticipated public disclosure by the financial information which is obtained B. Estimated Cost Burden: $5,265,000 Commission, assuming that the from any person and which is privileged It is difficult to calculate with Commission has determined that the or confidential ....’’ as provided in precision the labor costs associated with information does not, in fact, constitute Section 6(f) of the FTC Act, 15 this data production, as they entail Section 6(f) material. Although U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 varying compensation levels of materials covered under one or more of CFR 4.10(a)(2). Comments containing management and/or support staff among these various sections are protected by material for which confidential companies of different sizes. Financial, stringent confidentiality constraints, the treatment is requested must be filed in legal, marketing, and clerical personnel FTC Act and the Commission’s rules paper form, must be clearly labeled may be involved in the information authorize disclosure in limited ‘‘Confidential,’’ and must comply with circumstances (e.g., official requests by collection process. The FTC staff has FTC Rule 4.9(c), 16 CFR 4.9(c).24 assumed that professional personnel Congress, requests from other agencies Because paper mail addressed to the and outside legal counsel will handle for law enforcement purposes, and FTC is subject to delay due to most of the tasks involved in gathering administrative or judicial proceedings). heightened security screening, please and producing responsive information, Even in those limited contexts, consider submitting your comment in and has applied an average hourly wage however, the Commission’s rules may electronic form. Comments filed in of $300/hour for their labor. Thus, the afford protections to the submitter, such electronic form should be submitted by staff estimates that the total labor costs as advance notice to seek a protective using the following weblink: for the information requests will be order in litigation. See 15 U.S.C. 57b-2; (https://public.commentworks.com/ approximately $5,265,000 (($300 x 16 CFR 4.9-4.11. ftc/foodmarketingPRA2) (and following Finally, the information presented in 6,750 hours for companies that market the instructions on the web-based form). the report will not reveal company- a single category) + ($300 x 10,800 To ensure that the Commission specific data, except data that are hours for companies that market considers an electronic comment, you public. See 15 U.S.C. 57b-2(d)(1)(B). multiple categories)). must file it on the web-based form at the Rather, the Commission anticipates The FTC staff estimates that the (https://public.commentworks.com/ftc/ providing information on an anonymous capital or other non-labor costs foodmarketingPRA2) weblink. If this or aggregated basis, in a manner associated with the information requests Notice appears at (http:// sufficient to protect individual will be minimal. Although the www.regulations.gov/search/Regs/ companies’ confidential information, to information requests may necessitate home.html#home), you may also file an provide a factual summary of: (1) food that industry members maintain the electronic comment through that industry marketing activities and requested information provided to the website. The Commission will consider expenditures targeted to children and Commission, they should already have all comments that (http:// adolescents; and (2) nutritional in place the means to compile and www.regulations.gov) forwards to it. information about the companies’ food maintain business records. You may also visit the FTC website at and beverage products marketed to (http://www.ftc.gov/) to read the Notice C. Document Retention and children and adolescents. and the news release describing it. Confidentiality IV. Instructions for Submitting 1. Document Retention Comments 24 The comment must be accompanied by an explicit request for confidential treatment, Potential recipients of the compulsory Interested parties are invited to including the factual and legal basis for the request, process orders must retain potentially submit written comments electronically and must identify the specific portions of the responsive documents and information. or in paper form. All comments must be comment to be withheld from the public record. The request will be granted or denied by the Subsequent to this notice, any received on or before June 24, 2010. Commission’s General Counsel, consistent with destruction, removal, mutilation, Comments should refer to the ‘‘Food applicable law and the public interest. See FTC alteration, or falsification of Industry Marketing to Children Report: Rule 4.9(c), 16 CFR 4.9(c).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29347

A comment filed in paper form DEPARTMENT OF HEALTH AND disease prevention and control should include the reference ‘‘Food HUMAN SERVICES programs. Traditionally, support has Industry Marketing to Children and been provided through cooperative Adolescents Study: Paperwork Centers for Disease Control and agreements that are specific to a chronic Comment; Project No. P094511’’ both in Prevention disease or condition. In 2009, CDC the text and on the envelope, and [60 Day–10–10DT] announced a new cooperative should be mailed or delivered to the agreement program for collaborative following address: Federal Trade Proposed Data Collections Submitted chronic disease prevention and health Commission, Office of the Secretary, for Public Comment and promotion programs (RFA DP09–901; authorized under sections 301, 307, 310, Room H-135 (Annex J), 600 Recommendations and 311 of the Public Health Service Act Pennsylvania Avenue, N.W., In compliance with the requirement [42 U.S.C. 241 and 247(b)(k)). The new Washington, D.C. 20580. The FTC is of Section 3506(c)(2)(A) of the program streamlines funding, requesting that any comment filed in Paperwork Reduction Act of 1995 for communication and collaboration in paper form be sent by courier or opportunity for public comment on four areas that have previously been overnight service, if possible, because proposed data collection projects, the funded and evaluated independently: U.S. postal mail in the Washington area Centers for Disease Control and Tobacco control, diabetes prevention and at the Commission is subject to Prevention (CDC) will publish periodic and control, State-based surveillance delay due to heightened security summaries of proposed projects. To through the Behavioral Risk Factor precautions. request more information on the Surveillance System (BRFSS), and the Comments on the proposed reporting proposed projects or to obtain a copy of Healthy Communities initiative. requirements, which are subject to OMB the data collection plans and Awardees are the 50 States, the District review under the PRA, should instruments, call 404–639–5960 and of Columbia, Puerto Rico, and the Virgin send comments to Maryam Daneshvar, additionally be submitted to: Office of Islands. The new cooperative agreement CDC Reports Clearance Officer, 1600 Information and Regulatory Affairs, encourages each awardee to collaborate Clifton Road, MS–D74, Atlanta, GA with partners (both internal and Office of Management and Budget, 30333 or send an e-mail to external to the State health department) Attention: Desk Officer for Federal [email protected]. to develop and implement a multi-year, Trade Commission. Comments should Comments are invited on: (a) Whether statewide strategic plan. be submitted via facsimile to (202) 395- the proposed collection of information CDC requests OMB approval to collect 5167 because U.S. postal mail at the is necessary for the proper performance information from the four specified OMB is subject to delays due to of the functions of the agency, including State programs through a new, heightened security precautions. whether the information shall have electronic Management Information The FTC Act and other laws the practical utility; (b) the accuracy of the System (MIS). Upon approval, the new Commission administers permit the agency’s estimate of the burden of the information collection system will collection of public comments to proposed collection of information; (c) replace two previously approved consider and use in this proceeding as ways to enhance the quality, utility, and information collections for tobacco appropriate. The Commission will clarity of the information to be control programs (OMB No. 0920–0601, exp. 5/31/2010), and diabetes consider all timely and responsive collected; and (d) ways to minimize the prevention and control programs (OMB public comments that it receives, burden of the collection of information on respondents, including through the No. 0920–0479, exp. 4/30/2013), and whether filed in paper or electronic use of automated collection techniques harmonize their content. In addition, form. Comments received will be or other forms of information the new MIS will provide a common available to the public on the FTC technology. Written comments should progress reporting framework for State- Website, to the extent practicable, at be received within 60 days of this based BRFSS programs and Healthy (http://www.ftc.gov/os/ notice. Community programs, which have publiccomments.shtm). As a matter of previously reported progress discretion, the FTC makes every effort to Proposed Project information to CDC using standard remove home contact information for Monitoring and Reporting System for progress reporting forms for cooperative individuals from the public comments it Chronic Disease Prevention and Control agreement awardees (OMB No. 4040– receives before placing those comments Programs—New—National Center for 0004, exp. 3/31/2012). on the FTC Website. More information, Chronic Disease Prevention and Health Information will be collected on each including routine uses permitted by the Promotion (NCCDPHP), Centers for program’s objectives, planning Privacy Act, may be found in the FTC’s Disease Control and Prevention (CDC). activities, resources, partnerships, policy and environmental strategies for privacy policy, at (http://www.ftc.gov/ Background and Brief Description ftc/privacy.shtm). preventing or controlling chronic Chronic diseases are the leading diseases, and progress toward meeting David C. Shonka, causes of death and disability in the goals. The increased emphasis on Acting General Counsel. United States, accounting for seven of partnership and collaboration is [FR Doc. 2010–12511 Filed 5–24–10; 8:45 am] every ten deaths and affecting the intended to identify priorities, gaps in quality of life for 90 million Americans. chronic disease prevention and health BILLING CODE 6750–01–S Chronic diseases represent 83% of all promotion activities, and opportunities U.S. health care spending. to leverage CDC and State (Federal and The National Center for Chronic non-Federal) resources. Information will Disease Prevention and Health be collected electronically through a Promotion (NCCDPHP) provides new Management Information System funding to health departments in States, (MIS). The collection of information, in territories, and the District of Columbia a uniform and efficient manner, will to implement and evaluate chronic reduce duplicative reporting

VerDate Mar<15>2010 19:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29348 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

requirements for awardees, minimize their activities and to improve their and control strategies implemented by respondent burden, facilitate efforts to prevent and control chronic awardees. CDC will also use the collaborative efforts and provide diseases. The MIS will allow awardees information collection to respond to common performance metrics across to fulfill their reporting obligations Congressional and stakeholder inquiries program areas. The collaborative under the cooperative agreements in an about chronic disease control activities, cooperative agreement is part of an efficient manner by employing a single program implementation, and program initiative within NCCDPHP to instrument to collect necessary impact. Finally, the information standardize and streamline the funding information for both progress reports collection will allow CDC to evaluate and performance monitoring processes and continuation applications including the success of the collaborative funding for programs funded through the Center; work plans. model which places increased emphasis to promote more efficient ways to use CDC will use the information on partnerships as well as policy and resources; and to achieve greater health collected in the MIS to monitor each impact. The objectives for awardees, awardee’s progress and to make environmental strategies for preventing and the performance indicators defined adjustments, as needed, in the type and and controlling chronic diseases. for them, reflect CDC’s support for more level of technical assistance provided to Information will be collected from integrated approaches to the prevention them. The information collection will each State-based program twice per and control of chronic conditions. allow CDC to oversee the use of Federal year. There are no costs to respondents Awardees will use the information funds, and identify and disseminate other than their time. collection to manage and coordinate information about successful prevention

ESTIMATED ANNUALIZED BURDEN TABLE

Average Number of Number of burden per Type of respondents respondents responses per response Total burden respondent (in hours)

State Diabetes Program ...... 53 2 6 636 State Tobacco Program ...... 53 2 6 636 State BRFSS Program ...... 53 2 6 636 State Healthy Communities Program ...... 53 2 6 636

Total ...... 2,544

Carol Walker, [email protected] or call the HRSA is authorized by section 1128E of the Acting Reports Clearance Officer, Centers for Reports Clearance Officer at (301) 443– Social Security Act (hereinafter referred Disease Control and Prevention. 1129. to as section 1128E), as added by section [FR Doc. 2010–12537 Filed 5–24–10; 8:45 am] Comments are invited on: (a) The 221(a) of the Health Insurance BILLING CODE 4163–18–P proposed collection of information for Portability and Accountability Act of the proper performance of the functions 1996. Section 1128E directs the of the agency; (b) the accuracy of the Secretary of Health and Human Services DEPARTMENT OF HEALTH AND agency’s estimate of the burden of the (the Secretary) to establish a national HUMAN SERVICES proposed collection of information; (c) health care fraud and abuse data ways to enhance the quality, utility, and collection program for the reporting and Health Resources and Services clarity of the information to be disclosing of certain final adverse Administration collected; and (d) ways to minimize the actions (excluding settlements in which burden of the collection of information Agency Information Collection no findings of liability have been made) on respondents, including through the taken against health care providers, Activities: Proposed Collection: use of automated collection techniques Comment Request suppliers, or practitioners. It also directs or other forms of information the Secretary to maintain a database of technology. In compliance with the requirement final adverse actions taken against for opportunity for public comment on Proposed Project: Healthcare Integrity health care providers, suppliers, or proposed data collection projects and Protection Data Bank for Final practitioners. The regulations (section 3506(c)(2)(A) of Title 44, United Adverse Information on Health Care implementing section 1128E governing States Code, as amended by the Providers, Suppliers and Practitioners the operation of the HIPDB are codified Paperwork Reduction Act of 1995, Pub. (45 CFR 61) (OMB No. 0915–0239)— at 45 CFR part 61. The HIPDB became L. 104–13), the Health Resources and [Extension] operational November 22, 1999. Services Administration (HRSA) This is a request for extension of OMB Approval is requested to continue the publishes periodic summaries of approval of the information collections following reporting data collection and proposed projects being developed for contained in regulations found in 45 disclosure requirements and the ensuing submission to the Office of Management CFR part 61 governing the Healthcare HIPDB forms along with the and Budget (OMB) under the Paperwork Integrity and Protection Data Bank instructions. The recordkeeping, Reduction Act of 1995. To request more (HIPDB) and the forms to be used in reporting, and disclosure requirements information on the proposed project or reporting information to and requesting are specified in the regulations to to obtain a copy of the data collection information from the HIPDB cleared implement the HIPDB. The annual plans and draft instruments, e-mail under OMB No. 0915–0239. The HIPDB estimate of burden is as follows:

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29349

DISTRIBUTION OF BURDEN BY REGULATORY CITATION

Responses Regulation citation No. of per Total Hours per Total burden Wage rate Total cost respondents respondent responses** response hours

§ 61.6 (a), (b) Errors & Omissions 188 4.4 817 15 min...... 204.25 $25 $5,106 § 61.6 Revisions/Appeal 130 26.9 3,492 30 min...... 1,746 25 43,650 Status. § 61.7 Reporting By State 305 80.8 24,640 45 min...... 18,480 25 462,000 Licensure Boards. § 61.8 Reporting of State 45 56 2,518 45 min...... 1,888.5 43 81,205 Criminal Convic- tions. § 61.9 Reporting of Civil 4 2.5 10 45 min...... 7.5 43 322 Judgments. § 61.10 (b) Reporting Exclusions 9 320.3 2,883 20 min...... 961.0 38 36,518 from participation in Federal and State Health Care Programs. § 61.11 Reporting of Adju- 92 17 1562 45 min...... 1,171.5 43 50,375 dicated Actions/ Decisions. § 61.12 Request for Infor- mation State and Federal 855 279.3 238,814 5 min...... 19,901.26 25 497,531.50 Agencies. Health Plans ...... 1,239 532.4 659,617 5 min...... 54,968.1 30 1,649,043 Health Care Pro- 50,416 1 50,416 25 min...... 21,006.7 45 945,301.50 viders, Suppliers and Practitioners (self query). § 61.12(a)(4) Requests by Re- 1 1 1 30 min...... 5 38 19 searchers for Ag- gregate Data. § 61.15 Dispute Report ...... 300 1 300 5 min ...... 25 45 1,125 Add Report State- 669 1 669 45 min...... 501.8 100 50,180 ment. Request for Secre- 15 1 15 480 min...... 120 200 24,000 tarial Review. Administrative Forms*.... 0 0 0 0...... 0 0 0

Total ...... 54,268 ...... 985,754 ...... 120,982.11 ...... 3,846,376 *Note: The burden for Administrative Forms has been accounted for in the NPDB OMB clearance renewal submission. **Numbers in the table may not add up exactly due to rounding.

E-mail comments to DEPARTMENT OF HEALTH AND Centers for Disease Control and [email protected] or mail the HRSA HUMAN SERVICES Prevention (CDC) will publish periodic Reports Clearance Officer, Room 10–33, summaries of proposed projects. To Parklawn Building, 5600 Fishers Lane, Centers for Disease Control and request more information on the Rockville, MD 20857. Written comments Prevention proposed projects or to obtain a copy of should be received within 60 days of the data collection plans and this notice. [60-Day10–09BY] instruments, call 404–639–5960, send comments to Maryam I. Daneshvar, CDC Dated: May 19, 2010. Proposed Data Collections Submitted Acting Reports Clearance Officer, 1600 Sahira Rafiullah, for Public Comment and Clifton Road, MS–D74, Atlanta, GA Director, Division of Policy and Information Recommendations 30333 or send an e-mail to Coordination. In compliance with the requirement [email protected]. [FR Doc. 2010–12516 Filed 5–24–10; 8:45 am] of Section 3506(c)(2)(A) of the Comments are invited on: (a) Whether BILLING CODE 4165–15–P Paperwork Reduction Act of 1995 for the proposed collection of information opportunity for public comment on is necessary for the proper performance proposed data collection projects, the of the functions of the agency, including

VerDate Mar<15>2010 19:51 May 24, 2010 Jkt 220001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29350 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

whether the information shall have System (HHLPSS) is to establish examine potential housing-related risk practical utility; (b) the accuracy of the Healthy Homes Surveillance Systems at factors. Childhood lead poisoning is just agency’s estimate of the burden of the the state and national levels. Currently, one of many adverse health conditions proposed collection of information; 40 state and local Childhood Lead that are related to common housing (c) ways to enhance the quality, utility, Poisoning Prevention Programs (CLPPP) deficiencies. Multiple hazards in and clarity of the information to be report information (e.g., presence of lead housing, e.g., mold, vermin, radon and collected; and (d) ways to minimize the paint, age of housing, and type of the lack of safety devices, continue to burden of the collection of information housing) to CDC via the National Blood adversely affect the health of residents. on respondents, including through the Lead Surveillance System (NBLSS) It is in the interest of public health to use of automated collection techniques (OMB No. 0920–0337, exp. 1/31/2012). expand from a single focus on lead or other forms of information The addition of a new panel of housing poisoning prevention to a coordinated, technology. Written comments should questions would help to provide a more comprehensive, and systematic be received within 60 days of this comprehensive picture of housing stock approach to eliminating multiple notice. in the United States and potentially housing-related health hazards. Proposed Project modifiable risk factors. The objectives for developing this HHLPSS builds upon previous efforts Healthy Homes and Lead Poisoning by the NBLSS. While the earlier NBLSS Surveillance System (HHLPSS)—New— system are two-fold. First, the program would like to use surveillance data to was focused on homes of children less National Center for Environmental than six years old, the new HHLPSS, Health (NCEH) and Agency for Toxic estimate the extent of housing-related injuries and asthma. This is important upon approval, will replace the NBLSS Substances and Disease Registry and will enable flexibility to evaluate all (ATSDR)/Centers for Disease Control because it will allow the program to homes, regardless of the presence of and Prevention (CDC). systematically track the management and follow-up of those residents with children < age 6 years. Background and Brief Description these health outcomes. There is no cost to respondents other The overarching goal of the Healthy The next objective for the than their time. Homes and Lead Poisoning Surveillance development of this system is to

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Number of responses burden per Total burden Respondents respondents per response hours respondent (in hrs.)

State and Local Health Departments for Child Surveillance ...... 40 4 4 640

Total ...... 640

Carol Walker, Status: The meeting will be closed to the Dated: May 18, 2010. Acting Reports Clearance Officer,Centers for public in accordance with provisions set Elaine L. Baker, Disease Control and Prevention. forth in Section 552b(c)(4) and (6), Title 5, Director, Management Analysis and Services [FR Doc. 2010–12538 Filed 5–24–10; 8:45 am] U.S.C., and the Determination of the Director, Office, Centers for Disease Control and Management Analysis and Services Office, BILLING CODE P Prevention. CDC, pursuant to Section 10(d) of Public Law [FR Doc. 2010–12564 Filed 5–24–10; 8:45 am] 92–463. BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND Matters To Be Discussed: The meeting will HUMAN SERVICES include the initial review, discussion, and evaluation of applications received in DEPARTMENT OF HEALTH AND Centers for Disease Control and response to ‘‘Miner Safety and Health HUMAN SERVICES Prevention Training Program—Western United States, RFA OH10–001.’’ Food and Drug Administration Disease, Disability, and Injury Agenda items are subject to change as Prevention and Control Special priorities dictate. [Docket No. FDA–2009–D–0260] Emphasis Panel (SEP): Miner Safety Contact Person For More Information: S. Draft Guidance for Industry: Questions and Health Training—Western United Price Connor, PhD, Scientific Review Officer, and Answers Regarding the States, Request for Application (RFA) Office of Extramural Programs, CDC, 1600 Reportable Food Registry as OH10–001, Initial Review Clifton Road, NE., Mailstop E–74, Atlanta, Georgia 30333, Telephone (404) 498–2511. Established by the Food and Drug In accordance with section 10(a)(2) of The Director, Management Analysis and Administration Amendments Act of the Federal Advisory Committee Act Services Office has been delegated the 2007 (Edition 2); Availability authority to sign Federal Register notices (Pub. L. 92–463), the Centers for Disease AGENCY: Food and Drug Administration, pertaining to announcements of meetings and Control and Prevention (CDC), HHS. announces the aforementioned meeting: other committee management activities for both CDC and the Agency for Toxic ACTION: Notice of availability and Time and Date: 8:30 a.m.–5 p.m., June 15, Substances and Disease Registry. request for comments. 2010 (Closed). Place: Hyatt Regency Pittsburgh SUMMARY: The Food and Drug International Airport, 1111 Airport Administration (FDA) is announcing the Boulevard, Pittsburgh, Pennsylvania 15231. availability of a draft guidance entitled

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29351

‘‘Questions and Answers Regarding the the Secretary of Health and Human This draft guidance is being issued Reportable Food Registry as Established Services (the Secretary) to establish consistent with FDA’s good guidance by the Food and Drug Administration within FDA a Reportable Food Registry. practices regulation (21 CFR 10.115). Amendments Act of 2007 (Edition 2).’’ The congressionally-identified purpose The draft guidance, when finalized, will The draft guidance provides information of the Reportable Food Registry is to represent the agency’s current thinking to the industry in complying with the provide a ‘‘reliable mechanism to track on the topics discussed. It does not Reportable Food Registry requirements patterns of adulteration in food [which] create or confer any rights for or on any prescribed by the Food and Drug would support efforts by the Food and person and does not operate to bind Administration Amendments Act of Drug Administration to target limited FDA or the public. An alternate 2007 (FDAAA). Further, the draft inspection resources to protect the approach may be used if such approach guidance addresses inquiries that the public health’’ (Pubic Law 110–085, satisfies the requirements of the agency has received through its section 1005(a)(4)). The Secretary has applicable statutes and regulations. Reportable Food Registry help desk and/ delegated to the Commissioner of Food II. Paperwork Reduction Act of 1995 or by other means since the and Drugs the responsibility for implementation of the Reportable Food administering the act, including section This guidance contains information Registry on September 8, 2009, and 417. To further the development of the collection provisions that are subject to provides information on the new Safety Reportable Food Registry, section 417 of review by the Office of Management and Reporting Portal. The agency is also the act requires FDA to establish an Budget (OMB) under the Paperwork seeking comments from industry on the electronic portal by which instances of Reduction Act of 1995 (44 U.S.C. 3501– Reportable Food Registry requirements, reportable food must be submitted to 3520). The collections of information in and specifically on the issue of FDA by responsible parties and may be this guidance were approved under ‘‘transfer’’ as discussed in the current submitted by public health officials. OMB control numbers 0910–0643 and Edition 1, and draft Edition 2 guidance. After receipt of reports through the 0910–0645. This guidance also refers to previously approved collections of DATES: Although you can comment on electronic portal, FDA is required to information found in FDA regulations. any guidance at any time (see 21 CFR review and assess the information The collection of information in 21 CFR 10.115(g)(5)), to ensure that the agency submitted for purposes of identifying 7.46 has been approved under OMB considers your comments on the draft reportable food, submitting entries to control number 0910–0249. guidance before it begins work on the the Reportable Food Registry, issuing an final version of the guidance, submit alert or notification as FDA deems III. Request for Comments electronic or written comments on the necessary, and exercising other existing In addition, although the industry is draft guidance by July 26, 2010. food safety authorities under the act to encouraged to submit comments ADDRESSES: Submit electronic protect the public health. The regarding any of the requirements under comments on the draft guidance to requirements under the Reportable Food the Reportable Food Registry, the http://www.regulations.gov. Submit Registry became effective on September agency is seeking comments specifically written comments on the draft guidance 8, 2009. with regard to the meaning of the word to the Division of Dockets Management In the Federal Register of June 11, ‘‘transfer’’ as it appears in section (HFA–305), Food and Drug 2009, FDA announced the availability of 417(d)(2)(B) of the act. The meaning of Administration, 5630 Fishers Lane, rm. a draft guidance entitled ‘‘Questions and the word ‘‘transfer’’ in this context was 1061, Rockville, MD 20852. Submit Answers Regarding the Reportable Food discussed in Edition 1 of the guidance written requests for single copies of the Registry as Established by the Food and at Question and Answer numbers 27 draft guidance to the Office of Food Drug Administration Amendments Act and 28, and in the draft Edition 2 Defense, Communication and of 2007’’ and gave interested parties an guidance at Question and Answer Emergency Response (HFS–005), Center opportunity to submit comments by July numbers E.4 and E.5. for Food Safety and Applied Nutrition, 27, 2009 (74 FR 27803). The agency Section 417(d)(2) of the act provides Food and Drug Administration, 5100 reviewed and evaluated these comments an exemption from the requirement that Paint Branch Pkwy., College Park, MD and issued a final guidance on a responsible party submit a reportable 20740. Send two self-addressed September 9, 2009 (74 FR 46434). This food report. In order for the exemption adhesive labels to assist that office in draft guidance is the second edition of to apply, the adulteration must have processing your request. See the that guidance entitled ‘‘Questions and originated with the responsible party, SUPPLEMENTARY INFORMATION section for Answers Regarding the Reportable Food the responsible party must have electronic access to the draft guidance. Registry as Established by the Food and detected the adulteration ‘‘prior to any FOR FURTHER INFORMATION CONTACT: Faye Drug Administration Amendments Act transfer to another person’’ of the article Feldstein, Center for Food Safety and of 2007 (Edition 2)’’ and responds to of food, and the responsible party must Applied Nutrition (HFS–005), Food and inquiries that the agency has received have corrected the adulteration or Drug Administration, 5100 Paint Branch through its Reportable Food Registry destroyed the food. However, Congress Pkwy., College Park, MD 20740, 301– help desk and/or by other means since did not provide a definition for the term 436–2428. the implementation of the Reportable ‘‘transfer’’ as it is used in section SUPPLEMENTARY INFORMATION: Food Registry on September 8, 2009, 417(d)(2)(B) of the act. In Edition 1 of and informs industry about the new the guidance at Question and Answer I. Background Safety Reporting Portal. The Safety numbers 27 and 28, and in the draft On September 27, 2007, the President Reporting Portal is a joint FDA-National Edition 2 guidance at Question and signed into law the Food and Drug Institutes of Health (NIH) system that Answer numbers E.4 and E.5, FDA said Administration Amendments Act of facilitates the process of reporting that a transfer to another person occurs 2007 (FDAAA). This law amends the several categories of safety information when the responsible person releases Federal Food, Drug, and Cosmetic Act to the FDA and the NIH. As of May 24, the food to another person. In this (the act) by creating a new section 417 2010, the Reportable Food electronic document, FDA is asking for comment (21 U.S.C. 350f), Reportable Food portal will be a part of the Safety on whether this interpretation of the Registry. Section 417 of the act requires Reporting Portal. term ‘‘transfer’’ is appropriate, and if not,

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29352 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

what other interpretations of the term Defect Report,’’ as required by FDA apparent effects may take years to ‘‘transfer’’ as it is used in section regulations. manifest. An applicant must report 417(d)(B)(2) of the act would be more DATES: Although you can comment on adverse drug experiences and product/ appropriate. Specifically, we are any guidance at any time (see 21 CFR manufacturing defects on Form FDA requesting comment on whether the 10.115(g)(5)), to ensure that the agency 1932, ‘‘Veterinary Adverse Drug interpretation of the term ‘‘transfer’’ considers your comment on this draft Reaction, Lack of Effectiveness, Product should be dependent upon possession guidance before it begins work on the Defect Report.’’ of the food, whether the interpretation final version of the guidance, submit should be dependent on ownership of written or electronic comments on the II. Significance of Guidance the food, or whether there are other draft guidance by August 9, 2010. This level 1 draft guidance is being interpretations we should consider, ADDRESSES: Submit written requests for issued consistent with FDA’s good such as a combination of possession single copies of the guidance to the and/or ownership. guidance practices regulation (21 CFR Communications Staff (HFV–12), Center 10.115). The draft guidance, when IV. Comments for Veterinary Medicine, Food and Drug finalized, will represent the agency’s Administration, 7519 Standish Pl., current thinking on this topic. It does Interested persons may submit to the Rockville, MD 20855. Send one self- not create or confer any rights for or on Division of Dockets Management (see addressed adhesive label to assist that any person and does not operate to bind ADDRESSES) either electronic or written office in processing your requests. See comments regarding this document. It is FDA or the public. An alternative the SUPPLEMENTARY INFORMATION section only necessary to send one set of for electronic access to the draft approach may be used if such approach comments. It is no longer necessary to guidance. satisfies the requirements of the send two copies of mailed comments. Submit electronic comments on the applicable statutes and regulations. Identify comments with the docket draft guidance to http:// III. Paperwork Reduction Act of 1995 number found in brackets in the www.regulations.gov. Submit written heading of this document. Received comments on the draft guidance to the This draft guidance refers to comments may be seen in the Division Division of Dockets Management (HFA– previously approved collections of of Dockets Management between 9 a.m. 305), Food and Drug Administration, information found in FDA regulations. and 4 p.m., Monday through Friday. 5630 Fishers Lane, rm. 1061, Rockville, These collections of information are V. Electronic Access MD 20852. subject to review by the Office of FOR FURTHER INFORMATION CONTACT: Persons with access to the Internet Management and Budget (OMB) under may obtain the draft guidance at http:// Lynn Post, Center for Veterinary the Paperwork Reduction Act of 1995 www.fda.gov/FoodGuidances or http:// Medicine (HFV–210), Food and Drug (44 U.S.C. 3501–3520). The collections www.regulations.gov. Administration, 7519 Standish Pl., of information in section 512(l) of the Rockville, MD 20855, 240–276–9191, act and § 514.80 have been approved Dated: May 19, 2010. email: [email protected]. under OMB Control No. 0910–0645. David Dorsey, SUPPLEMENTARY INFORMATION: Acting Deputy Commissioner for Policy, IV. Comments Planning and Budget. I. Background [FR Doc. 2010–12456 Filed 5–24–10; 8:45 am] FDA is announcing the availability of Interested persons may submit to the BILLING CODE 4160–01–S a draft guidance for industry #188 Division of Dockets Management (see entitled ‘‘Data Elements for Submission ADDRESSES) either electronic or written of Veterinary Adverse Event Reports to comments regarding this document. It is DEPARTMENT OF HEALTH AND the Center for Veterinary Medicine.’’ only necessary to send one set of HUMAN SERVICES The purpose of this draft guidance is to comments. It is no longer necessary to assist sponsors or non-applicants with send two copies of mailed comments. Food and Drug Administration filling out Form FDA 1932, in both Identify comments with the docket paper and electronic format. Section number found in brackets in the [Docket No. FDA–2010–D–0241] 512(l) of the Federal Food, Drug and heading of this document. Received Draft Guidance for Industry on Data Cosmetic Act (the act) (21 U.S.C. comments may be seen in the Division Elements for Submission of Veterinary 360b(l)) and § 514.80(b) (21 CFR of Dockets Management between 9 a.m. Adverse Event Reports to the Center 514.80(b)) require applicants of and 4 p.m., Monday through Friday. for Veterinary Medicine; Availability approved new animal drug applications (NADAs) and approved abbreviated new V. Electronic Access AGENCY: Food and Drug Administration, animal drug applications (ANADAs) to Persons with access to the Internet HHS. report adverse drug experiences and may obtain the draft guidance at either ACTION: Notice. product/manufacturing defects. This continuous monitoring of http://www.fda.gov/AnimalVeterinary/ SUMMARY: The Food and Drug approved NADAs and ANADAs affords default.htm or http:// Administration (FDA) is announcing the the primary means by which FDA www.regulations.gov. availability of a draft guidance for obtains information regarding potential Dated: May 19, 2010. industry #188 entitled ‘‘Data Elements problems with the safety and efficacy of David Dorsey, for Submission of Veterinary Adverse marketed approved new animal drugs as Acting Deputy Commissioner for Policy, Event Reports to the Center for well as potential product/manufacturing Planning and Budget. Veterinary Medicine.’’ The purpose of problems. Post-approval marketing [FR Doc. 2010–12454 Filed 5–24–10; 8:45 am] this draft guidance is to assist sponsors surveillance is important because data or non-applicants with filling out form previously submitted to FDA may no BILLING CODE 4160–01–S FDA 1932, ‘‘Veterinary Adverse Drug longer be adequate, as animal drug Reaction, Lack of Effectiveness, Product effects can change over time and less

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29353

DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Microbiology and Infectious Diseases HUMAN SERVICES Thomas Morris, MPA, Acting Executive Research, National Institutes of Health, HHS) Secretary, National Advisory Committee Dated: May 19, 2010. Health Resources and Services on Rural Health and Human Services, Jennifer Spaeth, Administration Health Resources and Services Administration, Parklawn Building, Director, Office of Federal Advisory National Advisory Committee on Rural Room 10B–45, 5600 Fishers Lane, Committee Policy. Health and Human Services; Notice of Rockville, MD 20857, Telephone (301) [FR Doc. 2010–12545 Filed 5–24–10; 8:45 am] Meeting 443–0835, Fax (301) 443–2803. BILLING CODE 4140–01–P In accordance with section 10(a)(2) of Persons interested in attending any the Federal Advisory Committee Act portion of the meeting should contact (Pub. L. 92–463), notice is hereby given Michele Pray Gibson, Office of Rural DEPARTMENT OF HEALTH AND that the following Committee will Health Policy (ORHP), and Telephone HUMAN SERVICES convene its sixty-third meeting. (301) 443–0835. The Committee meeting agenda will be posted on ORHP’s Web National Institutes of Health Name: National Advisory Committee on site http://www.ruralhealth.hrsa.gov. Rural Health and Human Services. National Heart, Lung, and Blood Dates and Times: June 14, 2010, 9 a.m.– Dated: May 19, 2010. Institute; Notice of Closed Meeting 4:45 p.m. Sahira Rafiullah, June 15, 2010, 8:30 a.m.–4 p.m. June 16, 2010, 8:45 a.m.–11 a.m. Director, Division of Policy and Information Pursuant to section 10(d) of the Place: Doubletree Guest Suites Charleston- Coordination. Federal Advisory Committee Act, as Historic District, 181 Church Street, [FR Doc. 2010–12515 Filed 5–24–10; 8:45 am] amended (5 U.S.C. App.), notice is Charleston, SC 29401. BILLING CODE 4165–15–P hereby given of the following meeting. Phone: 843–577–2644. Status: The meeting will be open to the The meeting will be closed to the public. DEPARTMENT OF HEALTH AND public in accordance with the Purpose: The National Advisory HUMAN SERVICES provisions set forth in sections Committee on Rural Health and Human 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Services provides advice and National Institutes of Health as amended. The grant applications and recommendations to the Secretary with the discussions could disclose respect to the delivery, research, National Institute of Allergy and development and administration of health confidential trade secrets or commercial and human services in rural areas. Infectious Diseases; Notice of Closed property such as patentable material, Agenda: Monday morning, at 9 a.m., the Meeting and personal information concerning meeting will be called to order by the individuals associated with the grant Chairperson of the Committee, the Honorable Pursuant to section 10(d) of the David Beasley. The first two presentations Federal Advisory Committee Act, as applications, the disclosure of which will be overviews of rural South Carolina. amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted The remainder of the day the Committee will hereby given of the following meeting. invasion of personal privacy. hear presentations on the three chosen The meeting will be closed to the Name of Committee: Heart, Lung, and Subcommittee topics. The first panel will public in accordance with the Blood Initial Review Group, Clinical Trials focus on childhood obesity in rural provisions set forth in sections communities. The second panel will focus on Review Committee. rural implications of the HHS Caring 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: June 28–29, 2010. Communities for Young Children Initiative. as amended. The grant applications and Time: 8 a.m. to 5 p.m. The final panel of the day is focusing on the the discussions could disclose Agenda: To review and evaluate grant rural implications of payment bundling and confidential trade secrets or commercial applications. accountable care organizations. After the property such as patentable material, Place: Hyatt Regency Bethesda, One panel discussions, the Committee Chair will and personal information concerning Bethesda Metro Center, 7400 Wisconsin give an overview of the site visits. This will individuals associated with the grant Avenue, Bethesda, MD 20814. be followed by a call for public comment. The Monday meeting will close at 4:45 p.m. applications, the disclosure of which Contact Person: Keary A Cope, PhD, Tuesday morning, at 8:30 a.m., the would constitute a clearly unwarranted Scientific Review Officer, Review Branch/ Committee will break into Subcommittees invasion of personal privacy. DERA, National Heart, Lung, and Blood and depart to the site visits. The Childhood Name of Committee: National Institute of Institute, 6701 Rockledge Drive, Room 7190, Obesity Subcommittee and the Young Allergy and Infectious Diseases Special Bethesda, MD 20892–7924, 301–435–2222, Children’s Initiative Subcommittee will meet Emphasis Panel, Career Development Grant [email protected]. at Eat Smart, Move More—Walterboro, SC. Review. (Catalogue of Federal Domestic Assistance The Payment Bundling Subcommittee will Date: June 17, 2010. Program Nos. 93.233, National Center for meet in Manning, SC at Clarendon Memorial Time: 10:30 a.m. to 12:30 p.m. Hospital. The subcommittees will return to Sleep Disorders Research; 93.837, Heart and Agenda: To review and evaluate grant the Doubletree Hotel in Charleston at 4 p.m. Vascular Diseases Research; 93.838, Lung applications. Transportation to the site visits will not be Diseases Research; 93.839, Blood Diseases Place: National Institutes of Health, 6700B provided to the public. The Tuesday meeting and Resources Research, National Institutes Rockledge Drive, Bethesda, MD 20817 will close at 4 p.m. of Health, HHS) The final session will be convened on (Telephone Conference Call). Wednesday morning at 8:45 a.m. The Contact Person: Quirijn Vos, PhD, Dated: May 19, 2010. Scientific Review Officer, Scientific Review meeting will open with a review of the Jennifer Spaeth, Program, Division of Extramural Activities, Subcommittee site visits. The staff of the Director, Office of Federal Advisory Office of Rural Health Policy will provide an NIH/NIAID/DHHS, 6700B Rockledge Drive, Committee Policy. update on the Department of Health and MSC 7616, Bethesda, MD 20892, 301–451– Human Services. The Committee will draft a 2666, [email protected]. [FR Doc. 2010–12550 Filed 5–24–10; 8:45 am] letter to the Secretary or Designee and (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P discuss the September 2010 meeting. The Program Nos. 93.855, Allergy, Immunology, meeting will be adjourned at 11 a.m. and Transplantation Research; 93.856,

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00051 Fmt 4703 Sfmt 9990 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29354 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

DEPARTMENT OF HEALTH AND amended (5 U.S.C. App), notice is amended (5 U.S.C. App), notice is HUMAN SERVICES hereby given of the following meeting. hereby given of the following meeting. The meeting will be closed to the The meeting will be closed to the National Institutes of Health public in accordance with the public in accordance with the provisions set forth in sections provisions set forth in sections Eunice Kennedy Shriver National 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 USC, Institute of Child Health & Human as amended. The grant applications and as amended. The grant applications and Development; Notice of Closed the discussions could disclose the discussions could disclose Meeting confidential trade secrets or commercial confidential trade secrets or commercial property such as patentable materials, property such as patentable materials, Pursuant to section 10(d) of the and personal information concerning and personal information concerning Federal Advisory Committee Act, as individuals associated with the grant individuals associated with the grant amended (5 U.S.C. App.), notice is applications, the disclosure of which applications, the disclosure of which hereby given of the following meeting. would constitute a clearly unwarranted would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. invasion of personal privacy. public in accordance with the provisions set forth in sections Name of Committee: National Institute on Name of Committee: National Institute on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Drug Abuse Special Emphasis Panel, Drug Abuse Special Emphasis Panel; NIDA Cognitive Remediation Approaches to Conference Grant (R13) Review. as amended. The grant applications and Improve Drug Abuse Treatment Outcomes. Date: June 16, 2010. the discussions could disclose Date: July 1, 2010. Time: 9 a.m. to 5 p.m. confidential trade secrets or commercial Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate grant property such as patentable material, Agenda: To review and evaluate grant applications. and personal information concerning applications. Place: National Institutes of Health, 6101 individuals associated with the grant Place: Embassy Suites at the Chevy Chase Executive Boulevard, Rockville, MD 20852 applications, the disclosure of which Pavilion, 4300 Military Road, NW., (Virtual Meeting). would constitute a clearly unwarranted Washington, DC 20015. Contact Person: Gerald L. McLaughlin, Contact Person: Kristen V. Huntley, PhD, PhD, Scientific Review Administrator, Office invasion of personal privacy. Scientific Review Administrator, Office of of Extramural Affairs, National Institute on Name of Committee: National Institute of Extramural Affairs, National Institute on Drug Abuse, NIH, DHHS, Room 220, MSC Child Health and Human Development Drug Abuse, NIH, DHHS, Room 220, MSC 8401, 6101 Executive Blvd., Bethesda, MD Special Emphasis Panel, Academic 8401, 6101 Executive Boulevard, Bethesda, 301–402–6626, [email protected]. Community Partnership Conference Series. MD 20892–8401, 301–435–1433, (Catalogue of Federal Domestic Assistance Date: June 14, 2010. [email protected]. Program Nos.: 93.279, Drug Abuse and Time: 8 a.m. to 5 p.m. Name of Committee: National Institute on Addiction Research Programs, National Agenda: To review and evaluate grant Drug Abuse Initial Review Group, Training Institutes of Health, HHS) applications. and Career Development Subcommittee. Place: Embassy Suites at the Chevy Chase Date: July 13–14, 2010. Dated: May 19, 2010. Pavilion, 4300 Military Road, NW., Time: 8:30 a.m. to 5:30 p.m. Jennifer Spaeth, Washington, DC 20015. Agenda: To review and evaluate grant Director, Office of Federal Advisory Contact Person: Michele C. Hindi- applications. Committee Policy. Alexander, PhD, Division of Scientific Place: Ritz-Carlton Hotel at Pentagon City, [FR Doc. 2010–12571 Filed 5–24–10; 8:45 am] Review, National Institutes of Health, Eunice 1250 South Hayes Street, Arlington, VA Kennedy Shriver National Institute of Child 22202. BILLING CODE 4140–01–P Health and Human Development, 1600 Contact Person: Kristen V. Huntley, PhD, Executive Boulevard, Rm. 5B01, Bethesda, Scientific Review Administrator, Office of MD 20892. (301) 435–8382. Extramural Affairs, National Institute on DEPARTMENT OF HEALTH AND [email protected]. Drug Abuse, NIH, DHHS, Room 220, MSC HUMAN SERVICES (Catalogue of Federal Domestic Assistance 8401, 6101 Executive Boulevard, Bethesda, Program Nos. 93.864, Population Research; MD 20892–8401, 301–435–1433, National Institutes of Health 93.865, Research for Mothers and Children; [email protected]. Center for Scientific Review; Notice of 93.929, Center for Medical Rehabilitation (Catalogue of Federal Domestic Assistance Research; 93.209, Contraception and Program Nos.: 93.279, Drug Abuse and Closed Meetings Infertility Loan Repayment Program, National Addiction Research Programs, National Institutes of Health, HHS) Pursuant to section 10(d) of the Institutes of Health, HHS) Federal Advisory Committee Act, as Dated: May 19, 2010. Dated: May 19, 2010. amended (5 U.S.C. App.), notice is Jennifer Spaeth, Jennifer Spaeth, hereby given of the following meetings. Director, Office of Federal Advisory Director, Office of Federal Advisory The meetings will be closed to the Committee Policy. Committee Policy. public in accordance with the [FR Doc. 2010–12575 Filed 5–24–10; 8:45 am] [FR Doc. 2010–12573 Filed 5–24–10; 8:45 am] provisions set forth in sections BILLING CODE 4140–01–P BILLING CODE 4140–01–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND confidential trade secrets or commercial HUMAN SERVICES HUMAN SERVICES property such as patentable material, and personal information concerning National Institutes of Health National Institutes of Health individuals associated with the grant applications, the disclosure of which National Institute on Drug Abuse; National Institute on Drug Abuse; would constitute a clearly unwarranted Notice of Closed Meeting Notice of Closed Meeting invasion of personal privacy. Pursuant to section 10(d) of the Pursuant to section 10(d) of the Name of Committee: Musculoskeletal, Oral Federal Advisory Committee Act, as Federal Advisory Committee Act, as and Skin Sciences Integrated Review Group;

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29355

Skeletal Biology Structure and Regeneration Health, 6701 Rockledge Drive, Room 4040–A, Contact Person: Rajiv Kumar, PhD, Study Section. MSC 7850, Bethesda, MD 20892, 301–435– Scientific Review Officer, Center for Date: June 14–15, 2010. 1235, [email protected]. Scientific Review, National Institutes of Time: 8 a.m. to 5:30 p.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4216, Agenda: To review and evaluate grant Review Special Emphasis Panel; Member MSC 7802, Bethesda, MD 20892, 301–435– applications. Conflict: Epidemiology and Genetics of 1212, [email protected]. Place: Doubletree Hotel Bethesda, 8120 Chronic Diseases. Name of Committee: Center for Scientific Wisconsin Avenue, Bethesda, MD 20814. Date: June 15, 2010. Review Special Emphasis Panel; Member Contact Person: Daniel F. McDonald, PhD, Time: 11 a.m. to 12:30 p.m. Conflict: Neurodevices, Neuroimaging and Scientific Review Officer, Center for Agenda: To review and evaluate grant Neurological Disorders. Scientific Review, National Institutes of applications. Date: June 16, 2010. Health, 6701 Rockledge Drive, Room 4110, Place: National Institutes of Health, 6701 Time: 3 p.m. to 5 p.m. MSC 7814, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant 1215, [email protected]. (Telephone Conference Call). applications. Name of Committee: Vascular and Contact Person: Fungai Chanetsa, MPH, Place: National Institutes of Health, 6701 Hematology Integrated Review Group; PhD, Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892, Hypertension and Microcirculation Study Scientific Review, National Institutes of (Telephone Conference Call). Section. Health, 6701 Rockledge Drive, Room 3135, Contact Person: Vilen A. Movsesyan, PhD, Date: June 15, 2010. MSC 7770, Bethesda, MD 20892, 301–408– Scientific Review Officer, Center for Time: 8 a.m. to 6 p.m. 9436, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Healthcare Delivery Health, 6701 Rockledge Drive, Room 4040M, applications. and Methodologies Biostatistical Methods MSC 7806, Bethesda, MD 20892, 301–402– Place: Mayflower Park Hotel, 405 Olive and Research Design Study Section. 7278, [email protected]. Way, Seattle, WA 98101. Date: June 16, 2010. Name of Committee: Risk, Prevention and Contact Person: Ai-Ping Zou, MD, PhD, Time: 8 a.m. to 5 p.m. Health Behavior Integrated Review Group; Scientific Review Officer, Center for Agenda: To review and evaluate grant Social Psychology, Personality and Scientific Review, National Institutes of applications. Interpersonal Processes Study Section. Health, 6701 Rockledge Drive, Room 4118, Place: Melrose Hotel, 2430 Pennsylvania Date: June 17–18, 2010. MSC 7814, Bethesda, MD 20892, 301–435– Avenue, NW., Washington, DC 20037. Time: 8 a.m. to 5 p.m. 1777, [email protected]. Contact Person: Valerie Durrant, PhD, Agenda: To review and evaluate grant Scientific Review Officer, Center for Name of Committee: Musculoskeletal, Oral applications. Scientific Review, National Institutes of Place: Mayflower Park Hotel, 405 Olive and Skin Sciences Integrated Review Group; Health, 6701 Rockledge Drive, Room 3148, Oral, Dental and Craniofacial Sciences Study Way, Seattle, WA 98101. MSC 7770, Bethesda, MD 20892, (301) 408– Contact Person: Michael Micklin, PhD, Section. 9882, [email protected]. Date: June 15–16, 2010. Scientific Review Officer, Center for Name of Committee: Center for Scientific Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Review Special Emphasis Panel; Member Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3136, Conflict: Biological Rhythms and Sleep. applications. MSC 7759, Bethesda, MD 20892, (301) 435– Date: June 16–17, 2010. Place: Hilton Washington/Rockville, 1750 1258, [email protected]. Time: 8 a.m. to 5 p.m. Name of Committee: Cardiovascular and Rockville Pike, Rockville, MD 20852. Agenda: To review and evaluate grant Contact Person: Yi-Hsin Liu, PhD, applications. Respiratory Sciences Integrated Review Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Group; Clinical and Integrative Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Cardiovascular Sciences Study Section. Health, 6701 Rockledge Drive, Room 4214, (Virtual Meeting). Date: June 17–18, 2010. MSC 7814, Bethesda, MD 20892, 301–451– Contact Person: Edwin C Clayton, PhD, Time: 8 a.m. to 5 p.m. 1327, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Name of Committee: Infectious Diseases Scientific Review, National Institutes of applications. and Microbiology Integrated Review Group; Health, 6701 Rockledge Drive, Room 5180, Place: Courtyard by Marriott Chevy Chase, Bacterial Pathogenesis Study Section. MSC 7844, Bethesda, MD 20892, 301–408– 5520 Wisconsin Avenue, Chevy Chase, MD Date: June 15–16, 2010. 9041, [email protected]. 20815. Contact Person: Russell T. Dowell, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review Officer, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel; Member Scientific Review, National Institutes of applications. Conflict: Immunity and Host Defense, and Health, 6701 Rockledge Drive, Room 4128, Place: InterContinental Harbor Court Inflammation. MSC 7814, Bethesda, MD 20892, (301) 435– Baltimore, 550 Light Street, Baltimore, MD Date: June 16, 2010. 21202. Time: 9:30 a.m. to 6 p.m. 1850, [email protected]. Contact Person: Richard G Kostriken, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center For applications. Review Special Emphasis Panel; PAR08–024: Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Roadmap HTS Assay Development. Health, 6701 Rockledge Drive, Room 3192, Rockledge Drive, Bethesda, MD 20892. Date: June 17–18, 2010. MSC 7808, Bethesda, MD 20892, (301) 402– Contact Person: (Virtual Meeting). Calbert Time: 8 a.m. to 5 p.m. 4454, [email protected]. A. Laing, PhD, Scientific Review Officer, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Center for Scientific Review, National applications. Review Special Emphasis Panel; Member Institutes of Health, 6701 Rockledge Drive, Place: Marriott Courtyard Chicago Conflict: Cellular Neuroscience. Room 4210, MSC 7812, Bethesda, MD 20892, Magnificent Mile, 165 East Ontario Street, Date: June 15–16, 2010. 301–435–1221, [email protected]. Chicago, IL 60611. Time: 8 a.m. to 4:30 p.m. Name of Committee: Center for Scientific Contact Person: James J. Li, PhD, Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel; Oral, Dental Review Officer, Center for Scientific Review, applications. and Craniofacial Sciences. National Institutes of Health, 6701 Rockledge Place: National Institutes of Health, 6701 Date: June 16, 2010. Drive, Room 5148, MSC 7849, Bethesda, MD Rockledge Drive, Bethesda, MD 20892, Time: 10:30 a.m. to 11:30 a.m. 20892, 301–806–8065, [email protected]. (Virtual Meeting). Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Geoffrey G. Schofield, applications. Review Special Emphasis Panel; Selected PhD, Scientific Review Officer, Center for Place: Hilton Washington/Rockville, 1750 Topics in Transfusion Medicine. Scientific Review, National Institutes of Rockville Pike, Rockville, MD 20852. Date: June 17, 2010.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29356 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

Time: 8:30 a.m. to 5 p.m. published in the Federal Register on Dated: May 19, 2010. Agenda: To review and evaluate grant May 11, 2010, 75 FR 26261–26262. Jennifer Spaeth, applications. Place: Beacon Hotel and Corporate The meeting will be held at the Director, Office of Federal Advisory Quarters, 1615 Rhode Island Avenue, NW., Embassy Suites Chicago-O’Hare/ Committee Policy. Washington, DC 20036. Rosemont, 5500 North River Road, [FR Doc. 2010–12568 Filed 5–24–10; 8:45 am] Contact Person: Delia Tang, MD, Scientific Rosemont, IL 60018. The meeting date BILLING CODE 4140–01–P Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge and time remain the same. The meeting Drive, Room 4126, MSC 7802, Bethesda, MD is closed to the public. 20892, 301–435–2506, [email protected]. DEPARTMENT OF HEALTH AND Dated: May 19, 2010. HUMAN SERVICES Name of Committee: Center for Scientific Jennifer Spaeth, Review Special Emphasis Panel; RFA–OD– 10–011: ARRA Comparative Effectiveness Director, Office of Federal Advisory National Institutes of Health Research Mentored Career Development Committee Policy. Award. [FR Doc. 2010–12569 Filed 5–24–10; 8:45 am] National Heart, Lung, and Blood Date: June 17, 2010. BILLING CODE 4140–01–P Institute; Notice of Closed Meeting Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications. Place: Georgetown Suites, 1000 29th Street, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as NW., Washington, DC 20007. HUMAN SERVICES amended (5 U.S.C. App.), notice is Contact Person: Suzanne Ryan, PhD, hereby given of the following meeting. National Institutes of Health Scientific Review Officer, Center for The meeting will be closed to the Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3139, National Heart, Lung, and Blood public in accordance with the Bethesda, MD 20892, (301) 435–1712, Institute; Notice of Closed Meeting provisions set forth in sections [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific Pursuant to section 10(d) of the as amended. The grant applications and Review Special Emphasis Panel; Member the discussions could disclose Conflict: Population Sciences and Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is confidential trade secrets or commercial Epidemiology. property such as patentable material, Date: June 17, 2010. hereby given of the following meeting. and personal information concerning Time: 10 a.m. to 1 p.m. The meeting will be closed to the Agenda: To review and evaluate grant individuals associated with the grant applications. public in accordance with the applications, the disclosure of which Place: National Institutes of Health, 6701 provisions set forth in sections would constitute a clearly unwarranted Rockledge Drive, Bethesda, MD 20892, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. (Telephone Conference Call). as amended. The grant applications and Contact Person: J. Scott Osborne, PhD, the discussions could disclose Name of Committee: Heart, Lung, and Scientific Review Officer, Center for confidential trade secrets or commercial Blood Initial Review Group; Heart, Lung, and Scientific Review, National Institutes of Blood Program Project Review Committee. property such as patentable material, Health, 6701 Rockledge Drive, Room 4114, Date: June 18, 2010. MSC 7816, Bethesda, MD 20892, (301) 435– and personal information concerning Time: 8 a.m. to 5 p.m. 1782, [email protected]. individuals associated with the grant Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications, the disclosure of which applications. Program Nos. 93.306, Comparative Medicine; would constitute a clearly unwarranted Place: Hyatt Regency Bethesda, One 93.333, Clinical Research, 93.306, 93.333, invasion of personal privacy. Bethesda Metro Center, 7400 Wisconsin 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Name of Committee: Heart, Lung, and Avenue, Bethesda, MD 20814. Institutes of Health, HHS) Blood Initial Review Group, NHLBI Contact Person: Jeffrey H. Hurst, PhD, Scientific Review Officer, Review Branch/ Dated: May 19, 2010. Institutional Training Mechanism Review Committee. DERA, National Heart, Lung, and Blood Jennifer Spaeth, Date: June 17–18, 2010. Institute, 6701 Rockledge Drive, Room 7208, Director, Office of Federal Advisory Time: 8 a.m. to 5 p.m. Bethesda, MD 20892–7924, 301–435–0303, Committee Policy. Agenda: To review and evaluate grant [email protected]. [FR Doc. 2010–12570 Filed 5–24–10; 8:45 am] applications. (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Place: Hyatt Regency Bethesda, One Program Nos. 93.233, National Center for Bethesda Metro Center, 7400 Wisconsin Sleep Disorders Research; 93.837, Heart and Avenue, Bethesda, MD 20814. Vascular Diseases Research; 93.838, Lung DEPARTMENT OF HEALTH AND Contact Person: Charles Joyce, PhD, Diseases Research; 93.839, Blood Diseases HUMAN SERVICES Scientific Review Officer, Review Branch/ and Resources Research, National Institutes National Institutes of Health DERA, National Heart, Lung, and Blood of Health, HHS) Institute, 6701 Rockledge Drive, Room 7196, Dated: May 19, 2010. Bethesda, MD 20892–7924. 301–435–0288. Center for Scientific Review; Amended Jennifer Spaeth, Notice of Meeting [email protected]. Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. Notice is hereby given of a change in Program Nos. 93.233, National Center for the meeting of the Center for Scientific Sleep Disorders Research; 93.837, Heart and [FR Doc. 2010–12548 Filed 5–24–10; 8:45 am] Review Special Emphasis Panel, June 4, Vascular Diseases Research; 93.838, Lung BILLING CODE 4140–01–P 2010, 2 p.m. to June 4, 2010, 6 p.m., Diseases Research; 93.839, Blood Diseases Doubletree Hotel Chicago O’Hare and Resources Research, National Institutes Airport-Rosemont, 5460 North River of Health, HHS) Road, Rosemont, IL 60018 which was

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00054 Fmt 4703 Sfmt 9990 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29357

DEPARTMENT OF HEALTH AND SUMMARY: U.S. Customs and Border HEXRIS is a non-intrusive inspection HUMAN SERVICES Protection (CBP) is advising the public technology that is used to aid in that a draft Programmatic inspecting high-density cargo containers National Institutes of Health Environmental Assessment (PEA) for for contraband such as illicit drugs, High Energy X-Ray Inspection Systems currency, guns, and weapons of mass National Center on Minority and Health (HEXRIS) at sea and land ports of entry destruction. To assist in meeting CBP’s Disparities; Notice of Closed Meeting has been prepared and is available for mission requirements of securing the Pursuant to section 10(d) of the public review. The draft PEA analyzes borders of the United States while Federal Advisory Committee Act, as the potential environmental impacts simultaneously facilitating legitimate amended (5 U.S.C. App), notice is due to the use of HEXRIS. CBP seeks trade and travel, HEXRIS units are hereby given of the following meeting. public comment on the draft PEA. CBP proposed to be deployed and operated The meeting will be closed to the will consider comments before issuing a at both sea and land ports of entry public in accordance with the final PEA. across the U.S. and Puerto Rico. HEXRIS fills a unique niche in the types of provisions set forth in sections DATES: The draft PEA will be available 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., for public review and comment for a inspection tools used by CBP at the nation’s ports of entry. HEXRIS is as amended. The grant applications and period of 30 days beginning on the date capable of penetrating dense cargo loads the discussions could disclose this document is published in the that cannot otherwise be examined with confidential trade secrets or commercial Federal Register. To ensure other technologies such as gamma property such as patentable materials, consideration, comments must be imaging systems or low-energy X-ray and personal information concerning received by June 24, 2010. Comments systems. HEXRIS will also assist in individuals associated with the grant regarding the draft PEA may be fulfilling the requirement for the 100% applications, the disclosure of which submitted as set forth in the ADDRESSES scanning of containers entering the U.S. would constitute a clearly unwarranted section of this document. as directed in the Security and invasion of personal privacy. ADDRESSES: Copies of the draft PEA may Accountability for Every (SAFE) Port Name of Committee: National Center on be obtained by accessing the following Act of 2006. Public Law 109–347 (Oct. Minority Health and Health Disparities Internet address: http:// 13, 2006). Special NCMHD Health Disparities Research ecso.swf.usace.army.mil/Pages/ The draft PEA addresses the potential on Minority and Underserved Population Publicreview.cfm, or by sending a impacts from the installation and (R01). request to Guy Feyen of CBP by operation of HEXRIS at various ports Date: June 16–18, 2010. telephone (202–344–1531), by fax (202– Time: 5:30 p.m. to 2 p.m. throughout the United States for the Agenda: To review and evaluate grant 344–1418), by e-mail to purpose of conducting non-intrusive applications. [email protected] or by writing to: inspections of high density cargo Place: Embassy Suites at the Chevy Chase CBP, Attn: Guy Feyen, 1300 containers. Evaluations were conducted Pavillion, 4300 Military Road, NW., Pennsylvania Avenue, NW., Suite 1575, on various resources present at the Washington, DC 20015. Washington, DC 20229. ports, including: Climate, soils, water Contact Person: Prabha L. Atreya, PhD, You may submit comments on the quality, air quality, vegetation, wildlife, Chief, Office of Scientific Review, National draft PEA by mail or e-mail. Comments noise, infrastructure, aesthetics, and Center on Minority Health and Health are to be addressed to CBP, Attention: radiological heath and safety. Disparities, 6707 Democracy Boulevard, Suite 800, Bethesda, MD 20892. (301) 594– Guy Feyen, 1300 Pennsylvania Avenue, Next Steps 8696, [email protected]. NW., Suite 1575, Washington, DC 20229, or sent to [email protected]. This process is being conducted Dated: May 19, 2010. Substantive comments received pursuant to the National Environmental Jennifer Spaeth, during the comment period will be Policy Act of 1969 (NEPA), the Council Director, Office of Federal Advisory addressed in, and included as an on Environmental Quality Regulations Committee Policy. appendix to, the final PEA. The final for Implementing the NEPA (40 CFR [FR Doc. 2010–12543 Filed 5–24–10; 8:45 am] PEA will be made available to the parts 1500–1508), and Department of BILLING CODE 4140–01–P public through a Notice of Availability Homeland Security Management in the Federal Register. Directive 5100.1, Environmental Planning Program of April 19, 2006. FOR FURTHER INFORMATION CONTACT: Substantive comments concerning DEPARTMENT OF HOMELAND Antoinette DiVittorio, Environmental environmental impacts received from SECURITY and Energy Division, U.S. Customs and the public and agencies during the Border Protection, telephone (202) 344– comment period will be evaluated to U.S. Customs and Border Protection 3131. determine whether further SUPPLEMENTARY INFORMATION: environmental impact review is needed Notice of Availability of the Draft in order to complete the final PEA. Programmatic Environmental Background Should CBP determine that the Assessment for the Deployment and A draft Programmatic Environmental implementation of the proposed action Operation of High Energy X-Ray Assessment (PEA) for the deployment would not have a significant impact on Inspection Systems at Sea and Land and operation of High Energy X-Ray the environment, it will prepare a Ports of Entry Inspection Systems (HEXRIS) at sea and Finding of No Significant Impact AGENCY: U.S. Customs and Border land ports of entry has been completed (FONSI). The FONSI would be Protection, Department of Homeland by the U.S. Customs and Border published in the Federal Register. Security. Protection (CBP), Office of Information Should CBP determine that significant and Technology, Laboratories and environmental impacts exist due to the ACTION: Notice of availability of draft Scientific Services, Interdiction action, CBP will prepare a Notice of Programmatic Environmental Technology Branch. The draft PEA is Intent (NOI) to prepare an Assessment and request for comments. available for public comment. Environmental Impact Statement (EIS).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29358 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

This NOI to prepare an EIS would be The combination of piracy and weak Office of the Secretary of Defense, Joint published in the Federal Register. rule of law in the region offers a Chiefs of Staff, Department of Dated: May 18, 2010. potential breeding ground for other Transportation/Maritime Gregory Giddens, transnational threats. Accordingly, the Administration, Office of Naval U.S. has used existing statutory Intelligence, Department of Commerce, Executive Director, Facilities Management and Engineering, Office of Administration. authority to develop regulations Department of Justice, Military Sealift designed to protect U.S.-flagged vessels Command, Global Maritime Situational [FR Doc. 2010–12512 Filed 5–24–10; 8:45 am] and continues to work with Awareness, Overseas Security Advisory BILLING CODE 9111–14–P international partners to prevent piracy. Council, United States Agency for On February 10, 2006, the Coast International Development, Naval Guard announced the release of DEPARTMENT OF HOMELAND Criminal Investigative Service, Customs MARSEC Directive 104–6 (71 FR 7054) SECURITY and Border Protection, Transportation for those owners and operators of Security Administration, U.S. Africa Coast Guard vessels subject to 33 CFR parts 101 and Command, U.S. Central Command, and 104 to provide direction to U.S. flagged U.S. Transportation Command prior to [Docket No. USCG–2009–0384] vessels operating in high risk areas issuing these Directives. where acts of piracy and armed robbery Maritime Security Directive 104–6 (Rev All MARSEC Directives issued against ships is prevalent. MARSEC pursuant to 33 CFR 101.405 are marked 2 and 3); Guidelines for U.S. Vessels Directive 104–6 (Rev 1) provided an Operating in High Risk Waters as SSI in accordance with 49 CFR Part updated list of the high risk waters 1520. COTPs and District Commanders AGENCY: Coast Guard, DHS. based on a biennial review of global will require individuals requesting a ACTION: Notice of availability. piracy and terrorism threats. MARSEC Directive to prove that they MARSEC Directive 104–6 (Rev 2), meet the standards for a ‘‘covered SUMMARY: The Coast Guard announces which was completed on May 11, 2009, person’’ under 49 CFR 1520.7, have a the release of Maritime Security provides additional counter-piracy ‘‘need to know’’ the information, as (MARSEC) Directive 104–6 (Rev 2 and guidance to U.S. flagged vessels defined in 49 CFR 1520.11, and that 3). This Directive only applies to U.S. operating in high risk waters where acts they will safeguard the SSI in MARSEC flagged vessels subject to the Maritime of piracy and armed robbery against Directive 104–6 (Rev 3) as required in Transportation Security Act (MTSA) on ships are prevalent. It also provides a 49 CFR 1520.9. international voyages through or in listing of additional high risk waters, designated high risk waters, and updated from the previous version of Dated: May 17, 2010. provides additional anti-piracy the Directive. Kevin S. Cook, guidance and mandatory measures for MARSEC Directive 104–6 (Rev 3) USCG, Director of Prevention Policy. these vessels operating in these areas encourages the use of industry best [FR Doc. 2010–12483 Filed 5–24–10; 8:45 am] where acts of piracy and armed robbery management practices that have proven BILLING CODE 9110–04–P against ships are prevalent. MARSEC to be successful in thwarting pirate Directive 104–6 (Rev 2 and 3) also attacks and incorporates lessons-learned includes an annex that provides specific since the issuance of Revision 2. DEPARTMENT OF HOUSING AND direction for vessels operating around To support the issuance of MARSEC URBAN DEVELOPMENT the Horn of Africa. MARSEC Directives Directive 104–6 (series), we have [Docket No. FR–5376–N–44] are designated Sensitive Security developed piracy-related Port Security Advisories (PSAs)to provide further Information (SSI) and are not subject to Notice of Submission of Proposed public release. guidance and direction to U.S. flagged vessels operating in high risk waters to Information Collection to OMB; DATES: MARSEC Directive 104–6 (Rev 2 Emergency Comment Request; HUD and 3) are available on May 25, 2010. help facilitate compliance with this directive. The PSAs can be found at Office of Sustainable Housing and ADDRESSES: The latest MARSEC http://homeport.uscg.mil/piracy, Communities—Sustainable Directives are available at your local including a non-SSI version of this Communities Regional Planning Grant Captain of the Port (COTP) office. Phone MARSEC Directive. Program, Public Law 111–117 numbers and addresses for your local Procedural: COTP office can be found in the Port AGENCY: Office of Sustainable Housing COTPs and District Commanders can and Communities, HUD. Directory at http://homeport.uscg.mil. access all MARSEC directives on ACTION: FOR FURTHER INFORMATION CONTACT: If Homeport by logging in and going to Notice of proposed information you have questions on this notice, call Missions > Maritime Security > collection. LCDR James T. Fogle, Office of Vessel Maritime Transportation Security Act SUMMARY: The proposed information Activities, Coast Guard, telephone 202— (MTSA) > Policy. Owners and operators collection requirement described below 372–1038, e-mail of U.S. flagged vessels that travel on has been submitted to the Office of [email protected]. If you have international voyages must contact their Management and Budget (OMB) for questions on viewing material on the local COTP or cognizant District emergency review and approval, as docket, call Renee V. Wright, Program Commander to acquire a copy of required by the Paperwork Reduction Manager, Docket Operations, telephone MARSEC Directive 104–6 (Rev 3). Act. The Department is soliciting public 202–366–9826. COTPs or cognizant District comments on the subject proposal. SUPPLEMENTARY INFORMATION: Somali Commanders may provide this MARSEC DATES: Comments Due Date: June 1, pirates operate along a 2,300 mile coast Directive to appropriate vessel owners 2010. and in 2.5 million square miles of and operators via mail or fax in ocean. Given the size and complexity of accordance with SSI handling ADDRESSES: Interested persons are the affected area, a combination of procedures. invited to submit comments regarding domestic and international efforts is Pursuant to 33 CFR 101.405, we this proposal. Comments must be necessary to curb piratical activities. consulted with the Department of State, received within seven (7) days from the

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29359

date of this Notice. Comments should Funding Availability (NOFA) we hope Secretary of Commerce. The duty of the refer to the proposal by name /or OMB incorporating Rating Factor forms will Council is to provide national approval number and should be sent to: achieve the following: (1) Facilitate the leadership regarding invasive species HUD Desk Officer, Office of submission of information as part of the issues. Management and Budget, New applicant’s grant application; (2) ensure Purpose of Meeting: The meeting will Executive Office Building, Washington, that the information submitted is be held on June 22–24, 2010 in San DC 20503; e-mail: consistent and uniform amongst all Francisco, California, and will focus [email protected]; fax: applicants; and (3) facilitate the review primarily on aquatic invaders. The Bay (202) 395–5806. process when applications are being Area was chosen as the meeting location FOR FURTHER INFORMATION CONTACT: reviewed, ranked and rated. because it is one of the most invaded Leroy McKinney, Reports Management OMB Control Number: Pending. marine/coastal environments in the Officer, QDAM, Department of Housing Agency Form Numbers: N/A, the data world, with over 50 invasive species and Urban Development, 451 Seventh will be collected via form. that threaten the Bay’s vibrant economy. Street, SW., Washington, DC 20410; Members of Affected Public: State, ISAC will provide recommendations to e-mail: [email protected]; Local Government and Non-profit the Council concerning both the unique telephone (202) 402–5564. This is not a organizations. challenges faced by the Bay Area, and Estimation of the total numbers of toll-free number. Copies of available broader challenges faced by NISC hours needed to prepare the information documents submitted to OMB may be agencies elsewhere in the nation. ISAC collection including number of obtained from Mr. McKinney. will also address the complex respondents, frequency of responses, SUPPLEMENTARY INFORMATION: This relationship between climate change and hours of responses: The estimated and invasive species, opportunities for Notice is soliciting comments from number of respondents is 300 and the members of the public and affected green jobs creation within invasive number of responses is 1. There will be, species efforts, ballast water related agencies concerning the proposed in total, approximately 300 responses. collection of information to: (1) Evaluate issues, and the development of state The total reporting burden is 600 hours. invasive species councils. whether the proposed collection of Status of the Proposed Information DATES: Meeting of the Invasive Species information is necessary for the proper Collection: New collection of Advisory Committee: Tuesday, June 22, performance of the functions of the information for Sustainable 2010 and Thursday, June 24, 2010; agency, including whether the Communities Regional Planning Grant beginning at approximately 8 a.m., and information will have practical utility; Program applicants. (2) evaluate the accuracy of the agency’s ending at approximately 5 p.m. each estimate of the burden of the proposed Authority: The Paperwork Reduction Act day. Members will be participating in an of 1995, 44 U.S.C. Chapter 35, as amended. collection of information; (3) enhance off-site field tour on Wednesday, June the quality, utility, and clarity of the Dated: May 19, 2010. 23, 2010. information to be collected; and (4) Leroy McKinney, Jr., ADDRESSES: The Argonaut Hotel, 495 minimize the burden of the collection of Departmental Reports Management Officer, Jefferson Street at Hyde, San Francisco, information on those who are to Office of the Chief Information Officer. California 94109–1314. The general respond, including through the use of [FR Doc. 2010–12572 Filed 5–24–10; 8:45 am] session on June 22, 2010 and June 24, appropriate automated collection BILLING CODE 4210–67–P 2010 will be held in the Golden Gate techniques or other forms of information Ballroom. technology; e.g., permitting electronic FOR FURTHER INFORMATION CONTACT: submission of responses. DEPARTMENT OF THE INTERIOR Kelsey Brantley, National Invasive This Notice also lists the following Species Council Program Analyst and Office of the Secretary information: ISAC Coordinator, (202) 513–7243; Fax: Title of Proposal: Office of (202) 371–1751. Sustainable Housing and Communities Invasive Species Advisory Committee Dated: May 17, 2010. NOFA Rating Factor Forms. AGENCY: Office of the Secretary, Interior. Lori Williams, Description of Information Collection: ACTION: Notice of public meetings of the The Consolidated Appropriations Act, Invasive Species Advisory Committee. Executive Director, National Invasive Species 2010 (Pub. L. 111–117, approved Council. December 16, 2009) (Appropriations SUMMARY: Pursuant to the provisions of [FR Doc. 2010–12581 Filed 5–24–10; 8:45 am] Act), made $100 million available for the Federal Advisory Committee Act, BILLING CODE 4310–RK–P the Sustainable Communities Regional notice is hereby given of meetings of the Planning Grant Program to support Invasive Species Advisory Committee metropolitan and multijurisdictional (ISAC). Comprised of 30 nonfederal DEPARTMENT OF THE INTERIOR planning efforts that integrate housing, invasive species experts and land use, economic and workforce stakeholders from across the nation, the National Park Service development, transportation, and purpose of the Advisory Committee is to Draft Environmental Impact Statement infrastructure investments in a manner provide advice to the National Invasive for the Tamiami Trail Modifications: that empowers jurisdictions to consider Species Council, as authorized by Next Steps Project, Everglades the interdependent challenges of (1) Executive Order 13112, on a broad array National Park economic competitiveness and of issues related to preventing the revitalization; (2) social equity, introduction of invasive species and Tamiami Trail Modifications: Next inclusion, and access to opportunity; (3) providing for their control and Steps Project, Draft Environmental energy use and climate change; and (4) minimizing the economic, ecological, Impact Statement, Everglades National public health and environmental and human health impacts that invasive Park, Florida. The Notice of Intent (NOI) impact. species cause. The Council is co-chaired for this project referred to it as a As part of HUD’s Office of Sustainable by the Secretary of the Interior, the ‘‘Feasibility Study and Report’’ based on Housing and Communities Notice of Secretary of Agriculture, and the language in the authorizing legislation.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29360 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

This new appellation was a result of ADDRESSES: The document will be openings to replace the removed section public scoping and internal National available for public review and of road and maintain vehicle traffic Park Service discussions. comment online at http:// across the openings. This alternative AGENCY: National Park Service, parkplanning.nps.gov/ever. CDs and would create 3.3 miles of ecological Department of the Interior. hard copies are available at Park connectivity and moderately reduce the ACTION: Notice of availability of the headquarters. You may also request a adverse effects of high velocity Draft Environmental Impact Statement hard copy or CD by contacting discharges associated with the existing Everglades National Park, 40001 State culverts. for the Tamiami Trail Modifications: • Next Steps Project, Everglades National Road 9336, Homestead, FL 33034–6733; Alternative 4: 1.0 miles of bridging Park. telephone 305–242–7700. and remaining roadway elevated: SUPPLEMENTARY INFORMATION: Public Alternative 4 would involve creating SUMMARY: Pursuant to 42 U.S.C. scoping was initiated in the summer of conveyance openings through Tamiami 4332(2)(C) of the National 2009. A newsletter was distributed on Trail by removing 1.0 mile of the Environmental Policy Act of 1969 and May 31, 2009, and a public meeting was existing highway and embankment National Park Service (NPS) policy in held on June 2, 2009, to keep the public where the bridging is proposed. This Director’s Order Number 2 (Park informed and involved throughout the alternative would increase ecological Planning) and Director’s Order Number planning process. As the lead agency, connectivity by 1.0 mile. • Alternative 5: 1.5 miles of bridging 12 (Conservation Planning, the NPS conducted several inter-agency/ and remaining roadway elevated: Environmental Impact Analysis, and Tribal meetings and one workshop to Alternative 5 would involve creating Decision-making), the NPS announces develop project objectives, identify conveyance openings through Tamiami the availability of a Draft Environmental alternatives, evaluate the benefits of Impact Statement (DEIS) for the Trail by removing 1.5 miles of the alternatives, and identify a preferred existing highway and embankment. Tamiami Trail (U.S. Highway 41) alternative. The DEIS provides historical Modifications: Next Steps Project for Three bridges would be constructed in information, existing conditions, the opening to replace the removed Everglades National Park, Florida. alternatives for infrastructure The 2009 Omnibus Appropriations section of road and maintain vehicle modifications, and related impacts of traffic. This alternative would increase Act, H.R. 1105: Omnibus the alternatives. The DEIS describes six Appropriations Act of 2009 (Pub. L. ecological connectivity by 1.5 miles. alternatives for consideration, including • Alternative 6E: 5.5 miles of bridging 111–008, dated March 11, 2009) a no-action alternative that provides for and remaining roadway elevated. directed the U.S. Army Corps of the continuation of the current Tamiami Alternative 6E is the maximum bridging Engineers (USACE) to construct Trail infrastructure configuration. The option and involves creating modifications to U.S. Highway 41 five action alternatives present a range conveyance openings through Tamiami (Tamiami Trail) that were approved in of infrastructure modification Trail by removing 5.5 miles of the the 2008 Limited Reevaluation Report opportunities. The environmental existing highway and embankment. and Environmental Assessment. The impacts of each alternative, including Four bridges would be constructed in 2009 Omnibus Appropriations Act also the no-action alternative, are the opening to replace the removed directed the Department of the Interior’s systematically analyzed in the section of road and maintain vehicle ‘‘ National Park Service to immediately document. traffic. This alternative would increase evaluate the feasibility of additional The six alternatives (with ecological connectivity by 5.5 miles, bridge length, beyond that to be corresponding identifiers) as they reduce flow velocities below the 0.10 constructed pursuant to the Modified appear in the document are as follows: fps threshold that causes harm to • Water Deliveries to Everglades National No Action Alternative: The No- marshes, and substantially restore the Park Project (16 U.S.C. 410r–8), Action Alternative consists of a 1-mile flow patterns associated with a healthy including a continuous bridge, or eastern bridge and elevation of the ridge and slough landscape in Northeast additional bridges or some combination remaining roadway to allow for 8.5 feet Shark River Slough. thereof, for the Tamiami Trail to restore stages in the L–29 Canal. This • Common to all action alternatives: more natural water flow to Everglades alternative continues the status quo. The remaining highway embankments National Park (ENP) and Florida Bay • Alternative 1: 2.2 miles of bridges along stretches of the road that are not and for the purpose of restoring habitat and remaining roadway elevated: bridged would be reconstructed to raise within the Park and the ecological Alternative 1 would involve creating the crown elevation to 12.3 feet, the connectivity between the Park and the conveyance openings through Tamiami minimum required based on the design Water Conservation Areas’’ (2009 Trail by removing 2.2 miles of the high water of 9.7 feet and the roadway Omnibus Appropriations Act, Pub. L. existing highway and embankment. cross section geometry. 111–008). Four bridges (or ConSpan) would be Preferred Alternative: Alternative 6E DATES: There will be a 60-day comment constructed in the openings to replace was determined to be the preferred period beginning with the the removed section of road and alternative by the NPS and the U.S. Environmental Protection Agency’s maintain vehicle traffic across the Department of the Interior. publication of its Notice of Availability openings. This alternative would create If you wish to comment on the DEIS in the Federal Register. Public 2.2 miles of ecological connectivity and for the Tamiami Trail Modifications: meeting(s) will be held during the better distribute flows in the western Next Steps Project, you may submit review period. The date, time, and area of the 11 mile project corridor. your comments by any one of several location of the public meeting(s) will be • Alternative 2a: 3.3 miles of bridges methods. The preferred method for announced through the NPS Planning, and remaining roadway elevated: submitting comments is via the Internet Environment, and Public Comment Alternative 2a would involve creating at http://parkplanning.nps.gov/ever. If (PEPC) Web site http:// conveyance openings through Tamiami you do not receive a confirmation from parkplanning.nps.gov/ever, a news Trail by removing 3.3 miles of the the system that we have received your release, and/or a mailed announcement existing highway and embankment. Six internet message, please contact us to be released in May 2010. bridges would be constructed in the directly at the address above. You may

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29361

also mail comments to the Park at the under pending nominations, which may Documents pertinent to this proposal address shown above. Finally, you may include an amendment to the Gunnison may be examined at the Gunnison Field present your comments in person at the Resource Area Approved Resource Office. public meeting(s) to be held during the Management Plan (RMP) of February FOR FURTHER INFORMATION CONTACT: For public review period or at the address 1993, as amended by the RMP further information and/or to have your listed above. Amendments for Geothermal Leasing in name added to our mailing list, contact Before including your address, phone the Western United States (2008). While Marnie Medina, Realty Specialist, number, e-mail address, or other the area nominated for geothermal telephone (970) 642–4457; address 216 personal identifying information in your leasing is allocated as open to N. Colorado St., Gunnison, Colorado comment, you should be aware that consideration for geothermal leasing 81230; e-mail [email protected]. your entire comment—including your under the amended Plan, and the SUPPLEMENTARY INFORMATION: The BLM personal identifying information—may proposed level of development has received two block nominations of be made publicly available at any time. contemplated in the amended Plan will lands for competitive geothermal While you can ask us in your comment not be exceeded by issuance of the leasing. One block includes to withhold your personal identifying proposed leases, the Reasonably approximately 4,586 acres of public information from public review, we Foreseeable Development scenario for lands and 400 acres of split estate lands, cannot guarantee that we will be able to the resource area has been refined and i.e., private surface overlying the do so. We will always make updated since that time, and additional Federal mineral estate. The second submissions from organizations or stipulations to protect other resources block includes approximately 3,765 businesses, and from individuals and uses may be developed through this acres of FS lands. The proposed lease of identifying themselves as process and adopted into the Plan. The that block will be included in the study representatives of or officials or BLM proposes to amend the existing area for BLM’s EA, but also will be organizations or businesses, available Gunnison Resource Area RMP using the analyzed by the FS in a separate for public inspection in their entirety. NEPA analysis to support its decision. environmental analysis. The FS will use Authority: The authority for publishing Review of the RMP is necessary due to its own NEPA process to decide this notice is 40 CFR 1506.6. recently updated information regarding whether, and under what conditions, to the presence of Gunnison sage-grouse FOR FURTHER INFORMATION CONTACT: consent to the issuance of geothermal and Canada lynx habitat that was not leases on its lands. In addition, the Contact Everglades National Park at the analyzed in the existing RMP. The BLM, address and telephone number shown Colorado State Land Board has received by this notice, is announcing the an application for a geothermal lease on above. beginning of the scoping process to The responsible official for this Draft State lands adjacent to some of the solicit public comments and identify EIS is the Regional Director, Southeast nominated FS lands. The nominated issues. Region, NPS, 100 Alabama Street, SW., lands are located in southeastern Gunnison County, north of Highway 50, 1924 Building, Atlanta, Georgia 30303. DATES: This notice initiates the public in the general vicinity of Tomichi Dome scoping process for the EA and RMP Dated: March 31, 2010. east of Gunnison, Colorado. While the amendment. Comments on issues may David Vela, BLM lands at issue are currently open be submitted in writing until June 24, Regional Director, Southeast Region, National to geothermal leasing, current RMP- 2010. A joint public scoping meeting Park Service. level use restrictions and stipulations was held by the BLM and the U.S. [FR Doc. 2010–12476 Filed 5–24–10; 8:45 am] designed to protect other resources, in Forest Service (FS) in Gunnison, BILLING CODE 4310–70–P particular Gunnison sage-grouse (a BLM Colorado on March 11, 2010. The date(s) special status species) and Canada lynx and location(s) of any additional (recently listed under the Endangered scoping meetings will be announced at DEPARTMENT OF THE INTERIOR Species Act), may not be adequate or least 15 days in advance through local have not been formally adopted into the Bureau of Land Management media, newspapers and the following RMP. The nominated BLM lands are BLM Web site: http://www.blm.gov/co/ [LLCOS06000–L91310000–EI0000] within occupied sage-grouse habitat and st/en/fo/gfo.html. In order to be include about 200 acres of potential included in the EA, all comments must Notice of Intent To Prepare an lynx habitat. The decision to be made is be received prior to the close of the Environmental Assessment for the whether to offer the lands in the study scoping period or 30 days after the last Proposed Competitive Geothermal area for geothermal lease, and if so, to public meeting, whichever is later. The Lease Sale, Gunnison County, CO and identify the constraints, major and BLM will provide additional Land Use Plan Amendment minor, under which geothermal leasing opportunities for public participation and development could occur. The AGENCY: Bureau of Land Management, upon publication of the EA. Interior. planning level decisions could include, ADDRESSES: You may submit comments ACTION: Notice of intent. among other things, development of on issues and planning criteria related adequate protective measures for SUMMARY: In compliance with the to Competitive Geothermal Lease cultural resources, sage-grouse, and National Environmental Policy Act of Nomination, Gunnison County by any of lynx, and other resources, which may 1969 (NEPA), as amended, and the the following methods: involve some minor resource-specific Federal Land Policy and Management • Web site: http://www.blm.gov/co/st/ land use plan amendments. Individual Act of 1976 (FLPMA), as amended, the en/fo/gfo.html. lease issuance decisions for the Bureau of Land Management (BLM) nominated lands will be made based on • E-mail: [email protected]. Gunnison Field Office, Gunnison, this NEPA process. A geothermal lease • Colorado intends to prepare an Fax: (970) 642–4425. provides a non-exclusive right to future Environmental Assessment (EA) to • Mail: BLM, Gunnison Field Office, exploration and an exclusive right to consider whether, and under what 216 N. Colorado St., Gunnison, produce and use the geothermal conditions, to issue geothermal leases Colorado 81230. resources within the lease area, subject

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29362 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

to existing laws, regulations, formal environmental review. Likely Authority: 40 CFR 1501.7, 43 CFR 1610.2. orders, terms, conditions, and cooperating agencies identified thus far Helen M. Hankins, stipulations in or attached to the lease include the County of Gunnison, the State Director. form, or included as conditions of City of Gunnison, the State of Colorado [FR Doc. 2010–12461 Filed 5–24–10; 8:45 am] approval to permits. Governor’s Energy Office and BILLING CODE 4310–JB–P The purpose of the public scoping Department of Natural Resources process is to: (1) Determine relevant (Division of Wildlife, Division of Water issues that will influence the scope of Resources, State Land Board, and DEPARTMENT OF THE INTERIOR the environmental analysis, including Colorado Geological Survey), the FS, the alternatives, and guide the process for Western Area Power Administration, National Park Service amending the land use plan to adopt the Environmental Protection Agency, new stipulations and other conservation the U.S. Fish and Wildlife Service, the Kalaupapa National Historical Park measures, and (2) decide whether, and Southern Ute Tribe, Ute Mountain Ute Advisory Commission Meeting, June under what conditions, to issue Tribe, and the Northern Ute Tribe. 24, 2010 geothermal leases in the study area. At An interdisciplinary approach will be present, the BLM has identified the Authority: 41 CFR 102–3.150. used to develop any plan amendment in following preliminary issues: AGENCY: National Park Service, Interior. • order to consider the variety of resource Conservation of Gunnison sage- ACTION: Notice of meeting. grouse population and habitat; issues and concerns identified during public scoping. Notification of the • Conservation of Canada lynx SUMMARY: This notice announces the seasonal habitat; planning process will be made to the date for the June 24, 2010, Meeting of • Impacts to cultural resources; Governor of Colorado, County the Kalaupapa National Historical Park • Impacts to known geothermal Commissioners, local tribes and Advisory Commission. potentially affected members of the resources and features in and near the DATES: The public meeting of the lease nomination area; public. The public is encouraged to help Commission will be held on Thursday, • Demand for renewable energy and identify questions and concerns during June 24, 2010, at 10:30 a.m. (Hawaiian local economic impacts; the scoping phase. Standard Time). • Access to and across private lands; Preliminary planning criteria are: ADDRESSES: The meeting will be held at • Impacts to critical big game winter 1. The BLM will continue to manage McVeigh Social Hall, Kalaupapa range and other wildlife habitat; the public land within the planning area National Historical Park, Kalaupapa, • Visual impacts from potential in accordance with FLPMA, 43 U.S.C. Hawaii 96742. development; and • 1701 (et seq.), other applicable laws and FOR FURTHER INFORMATION CONTACT: Cumulative impacts associated with Steve Prokop, Superintendent, geothermal leasing including the regulations, and all existing public land laws. Kalaupapa National Historical Park, potential for exploration and P.O. Box 2222, Kalaupapa, Hawaii 2. The BLM will use a collaborative development operations. 96742, telephone (808) 567–6802, or and multi-jurisdictional approach, By this notice, the BLM is complying electronically at the following Internet with requirements in 43 CFR 1610.2(c) where possible, to jointly determine the address: [email protected]. to notify the public of potential desired future condition of public lands. SUPPLEMENTARY INFORMATION: amendments to land use plans, 3. The socio-economic impacts of the predicated on the findings of the EA. If alternatives will be addressed. Agenda a land use plan amendment is The June 24, 2010, Commission necessary, the BLM will integrate the 4. The amendment process will follow the FLPMA planning process and meeting will consist of the following: land use planning process with the 1. Previous history and Overview of NEPA process for this project. include an EA that will comply with NEPA standards and an Environmental the Kalaupapa National Historical Park The BLM may use a combination of Advisory Commission. Impact Statement if a Finding of No scoping periods, public meetings, and 2. Report from the Superintendent. the NEPA process to supplement the Significant Impact cannot be reached. 3. Memorial Project. public involvement process required by 5. Decisions in the Amendment will 4. Hawaii Senate Bill No. 2771. Section 106 of the National Historic strive to be compatible with existing 5. Air Transportation Costs. Preservation Act (NHPA) (16 U.S.C. plans and policies of adjacent local, 6. Public Comments. 470f) as provided for in 36 CFR State, Federal and Tribal agencies to the The meeting is open to the public, 800.2(d)(3). Native American Tribal extent that those plans and policies are and time will be reserved for public consultations will be conducted and consistent with Federal law governing comment. Interested persons may make Tribal concerns, including impacts on the administration of public land. oral/written presentations to the Indian trust assets will be given due Commission or file written statements. consideration. Federal, state, and local Before including your address, phone Such requests should be made to the agencies, along with other stakeholders number, e-mail address, or other Superintendent at least seven days prior that may be interested or affected by the personal identifying information in your to the meeting. Oral comments will be BLM’s decision on this project are comment, you should be aware that summarized for the record. If persons invited to participate in the scoping your entire comment—including your wish to have their comments recorded process and, if eligible, may request or personal identifying information—may verbatim, they must submit them in be requested by the BLM to participate be made publicly available at any time. writing. Before including your address, as a Cooperating Agency. Agencies or While you can ask us in your comment phone, number, e-mail address, or other organizations with technical expertise to withhold your personal identifying personal identifying information in your or jurisdictional authority will be information from public review, we comment, you should be aware that invited to participate as Cooperating cannot guarantee that we will be able to your entire comment—including your Agencies in the NEPA analysis and do so. personal identifying information—may

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29363

be made publicly available at any time. St. to the S, 16th St. to the W, Phoenix, FLORIDA 10000320 While you can ask us in your comment Hillsborough County to withhold your personal identifying Campus Vista Historic District, (Residential information from public review, we Subdivisions and Architecture in Central Upper North Franklin Street Commercial Phoenix, 1870–1963), Roughly bounded by District, Bounded by E Oak Ave., N Florida cannot guarantee that we will be able to Thomas Rd. and Flower St., 7th and 11th do so. Ave., Kay St., & N Tampa St., Tampa, Aves and Flower St., and Osborn Rd. and 10000344 Dated: May 7, 2010. 10th and 15th Aves., Phoenix, 10000321 Steve Prokop, East Evergreen Historic District, (Residential IOWA Subdivisions and Architecture in Central Superintendent, Kalaupapa National Mills County Historical Park. Phoenix, 1870–1963, MPS), Roughly bounded by McDowell Rd., 3rd St., 7th St., West Oak Forest Earthlodge Site, [FR Doc. 2010–12474 Filed 5–24–10; 8:45 am] and Wiletta St., Phoenix, 10000322 (Archeological Resources of the Central BILLING CODE 4312–GJ–P Encanto Manor Historic District, (Residential Plains Tradition in the Loess Hills Region Subdivisions and Architecture in Central of Iowa MPS); ADDRESS RESTRICTED, Phoenix, 1870–1963, MPS), Roughly Glenwood, 10000342 DEPARTMENT OF THE INTERIOR bounded by 7th and 15th Aves and Thomas Rd.. and Edgemont Ave., Phoenix, Plymouth County National Park Service 10000323 Kimball Village, (Archaeological Resources of National Register of Historic Places; Encanto Vista Historic District, (Residential Initial Variant of the Middle Missouri Subdivisions and Architecture in Central Notification of Pending Nominations Tradition in Iowa MPS); ADDRESS Phoenix, 1870–1963, MPS), Roughly RESTRICTED, Westfield, 10000343 and Related Actions bounded by 7th Ave., Encanto Blvd., Nominations for the following Windsor Ave., and Encanto Park Municipal NEW YORK Golf Course, Phoenix, 10000324 properties being considered for listing Columbia County Garfield Historic District, (Residential or related actions in the National Forth House, 2751 US RTE 9, Livingston, Register were received by the National Subdivisions and Architecture in Central Phoenix, 1870–1963, MPS), Roughly 10000331 Park Service before May 1, 2010. bounded by 7th St. on the W, 16th St. , on Pursuant to section 60.13 of 36 CFR part Silvernail Homestead, 383 Poole Hill Rd, the E, Roosevelt St. on the N, and Van Ancram, 10000332 60, written comments are being Buren St. on the S, Phoenix, 10000325 accepted concerning the significance of Los Olivos Historic District, (Residential Erie County the nominated properties under the Subdivisions and Architecture in Central St. Andrew’s Episcopal Church, 3105 Main National Register criteria for evaluation. Phoenix, 1870–1963, MPS), The 300 block St., Buffalo, 10000333 Comments are also being accepted on of E Monte Vista Rd., Phoenix, 10000326 the following properties being North Garfield Historic District, (Residential Niagara County considered for removal pursuant to 36 Subdivisions and Architecture in Central Holy Trinity Roman Catholic Church CFR 60.15. Comments may be Phoenix, 1870–1963, MPS), Roughly Complex, 1419 Falls St., Niagara Falls, forwarded by United States Postal bounded by 7th St on the W, 16th St on 10000334 Service, to the National Register of the E, Roosevelt St. on the S, and Interstate Historic Places, National Park Service, 10 on the N, Phoenix, 10000327 Onondaga County 1849 C St., NW., 2280, Washington, DC Villa Verde Plat A and Villa Verde Plat B, Olivet Chapel, 201 W Main St., Goshen, 20240; by all other carriers, National (Residential Subdivisions and Architecture 10000336 in Central Phoenix, 1870–1963, MPS), Register of Historic Places, National St Paul’s Armenian Apostolic Church, 310 N Roughly bounded by Monte Vista Rd., Park Service, 1201 Eye St., NW., 8th Granada Rd, 19th Ave., and 20th Ave., Geddes St., Syracuse, 10000335 floor, Washington, DC 20005; or by fax, Phoenix, 10000328 Suffolk County 202–371–6447. Written or faxed Woodlea Historic District, (Residential Union Savings Bank, 62 S Ocean Dr., comments should be submitted by June Subdivisions and Architecture in Central Patchogue, 10000337 9, 2010. Phoenix, 1870–1963, MPS), Roughly Before including your address, phone bounded by Glenrosa Ave. and Mackenzie Westchester County number, e-mail address, or other Dr. on the N and S, and 9th Ave. on the personal identifying information in your E and W, Phoenix, 10000329 Walter’s Hot Dog Stand, 937 Palmer Ave., Mamaroneck, 10000338 comment, you should be aware that Yaple Historic District, (Residential your entire comment—including your Subdivisions and Architecture in Central SOUTH CAROLINA personal identifying information–may Phoenix, 1870–1963, MPS), Roughly McCormick County be made publicly available at any time. bounded by 3rd and 7th Aves and Turney While you can ask us in your comment and Minnezona Aves, Phoenix, 10000330 Hopewell Rosenwald School, Adjacent to 253 Hopewell Church Road (SC Sec RD 33–12), to withhold your personal identifying ARKANSAS information from public review, we Clarks Hill, 10000340 Washington County cannot guarantee that we will be able to Saluda County do so. Butterfield Overland Mail Route Segment, Bugscuffle Rd. S of Strickler and Old Cove Ridge Hill High School, 206 Ridge Hill Dr, Paul Lusignan, City Rd. N of Chester, Strickler, 10000347 Ridge Spring, 10000341 Acting Chief, National Register of Historic CONNECTICUT WISCONSIN Places/National Historic Landmarks Program. Fairfield County Sauk County ARIZONA Nathaniel Witherell Historic District, 70 Point of Rocks, US HWY 12 approximately Maricopa County Parsonage Rd., Greenwich, 10000346 .85 mi N of Ski Hi Rd. and .25 mi S of Brentwood Historic District, (Residential Wisconsin HWY 159, Baraboo, 10000345 Subdivisions and Architecture in Central Hartford County Phoenix, 1870–1963), Roughly bounded by North-west School, 1240 Albany Ave., Request for REMOVAL has been made for Brill St. to the N, 20th St. to the E, Culver Hartford, 10000339 the following resources:

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29364 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

LOUISIANA INTERNATIONAL TRADE For further information concerning Ascension Parish COMMISSION the conduct of this phase of the investigations, hearing procedures, and St. Joseph School, LA 22 and 44 Burnside, [Investigation Nos. 701–TA–470–471 and 731–TA–1169–1170 (Final)] rules of general application, consult the 88002651 Commission’s Rules of Practice and [FR Doc. 2010–12480 Filed 5–24–10; 8:45 am] Certain Coated Paper Suitable for Procedure, part 201, subparts A through BILLING CODE 4312–51–P High-Quality Print Graphics Using E (19 CFR part 201), and part 207, Sheet-Fed Presses From China and subparts A and C (19 CFR part 207). Indonesia DATES: Effective Date: May 6, 2010. DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: AGENCY: United States International Bureau of Land Management Trade Commission. Christopher J. Cassise (202–708–5408), Office of Investigations, U.S. ACTION: Scheduling of the final phase of International Trade Commission, 500 E [LLCO922000–L13100000–FI0000; countervailing duty and antidumping Street SW., Washington, DC 20436. COC63019] investigations. Hearing-impaired persons can obtain Notice of Proposed Reinstatement of SUMMARY: The Commission hereby gives information on this matter by contacting Terminated Oil and Gas Lease notice of the scheduling of the final the Commission’s TDD terminal on 202– COC63019 phase of countervailing duty 205–1810. Persons with mobility investigation No. 701–TA–470–471 impairments who will need special AGENCY: Bureau of Land Management, (Final) under section 705(b) of the Tariff assistance in gaining access to the Interior. Act of 1930 (19 U.S.C. 1671d(b)) (the Commission should contact the Office Act) and the final phase of antidumping of the Secretary at 202–205–2000. ACTION: Notice of proposed investigation No. 731–TA–1169–1170 General information concerning the reinstatement of terminated oil and gas (Final) under section 735(b) of the Act Commission may also be obtained by lease. (19 U.S.C. 1673d(b)) to determine accessing its Internet server (http:// whether an industry in the United www.usitc.gov). The public record for SUMMARY: Under the provisions of 30 States is materially injured or these investigations may be viewed on U.S.C. 188(d) and (e), and 43 CFR threatened with material injury, or the the Commission’s electronic docket 3108.2–3(a) and (b)(1), the Bureau of establishment of an industry in the (EDIS) at http://edis.usitc.gov. Land Management (BLM) received a United States is materially retarded, by SUPPLEMENTARY INFORMATION: petition for reinstatement of oil and gas reason of subsidized and less-than-fair- Background.—The final phase of lease COC63019 from Maverick value imports from China and Indonesia these investigations is being scheduled Whitewater, LLC and PHT Whitewater, of certain coated paper, provided for in as a result of affirmative preliminary LLC, for lands in Delta County, subheadings 4810.14.11, 4810.14.1900, determinations by the Department of Colorado. The petition was filed on time 4810.14.2010, 4810.14.2090, Commerce that certain benefits which and was accompanied by all the rentals 4810.14.5000, 4810.14.6000, 4810.14.70, constitute subsidies within the meaning due since the date the lease terminated 4810.19.1100, 4810.19.1900, of section 703 of the Act (19 U.S.C. 4810.19.2010, 4810.19.2090, under the law. 1671b) are being provided to 4810.22.1000, 4810.22.50, 4810.22.6000, manufacturers, producers, or exporters FOR FURTHER INFORMATION CONTACT: 4810.22.70, 4810.29.1000, 4810.29.5000, in China and Indonesia of certain coated BLM, Milada Krasilinec, Land Law 4810.29.6000, 4810.29.70 of the paper, and that such products are being Examiner, Branch of Fluid Minerals Harmonized Tariff Schedule of the sold in the United States at less than fair Adjudication, at (303) 239–3767. United States.1 value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The SUPPLEMENTARY INFORMATION: The lessee 1 For purposes of these investigations, the investigations were requested in a has agreed to the amended lease terms Department of Commerce has defined the subject petition filed on September 23, 2009, by for rentals and royalties at rates of $10 merchandise as ‘‘certain coated paper and paperboard in sheets suitable for high quality print Appleton Coating, LLC, Kimberly, WI; per acre or fraction thereof, per year and graphics using sheet-fed presses; coated on one or 2 NewPage Corp., Mianisburg, OH; Sappi 16 ⁄3 percent, respectively. The lessee both sides with kaolin (China or other clay), Fine Paper North America, Boston, MA; has paid the required $500 calcium carbonate, titanium dioxide, and/or other and the United Steel, Paper and administrative fee and $163 to inorganic substances; with or without a binder; having a GE brightness level of 80 or higher; Forestry, Rubber Manufacturing, Energy, reimburse the Department for the cost of weighing not more than 340 grams per square Allied Industrial and Service Workers this Federal Register notice. The lessee meter; whether gloss grade, satin grade, matte grade, International Union (‘‘USW’’). has met all the requirements for dull grade, or any other grade of finish; whether or not surface-colored, surface decorated, printed Participation in the investigations and reinstatement of the lease as set out in (except as described below), embossed, or public service list.—Persons, including Section 31(d) and (e) of the Mineral perforated; and irrespective of dimensions (‘‘certain industrial users of the subject Lands Leasing Act of 1920 (30 U.S.C. coated paper’’). Certain coated paper includes (a) merchandise and, if the merchandise is 188), and the BLM is proposing to coated free sheet paper and paperboard that meets this scope definition; (b) coated groundwood paper sold at the retail level, representative reinstate lease COC63019 effective and paperboard produced from bleached chemi- consumer organizations, wishing to January 1, 2009, under the original thermo-mechanical pulp (‘‘BCTMP’’) that meets this participate in the final phase of these terms and conditions of the lease and scope definition; and (c) any other coated paper and investigations as parties must file an the increased rental and royalty rates paperboard that meets this scope definition. Certain coated paper is typically (but not exclusively) used entry of appearance with the Secretary cited above. for printing multicolored graphics for catalogues, to the Commission, as provided in books, magazines, envelopes, labels and wraps, section 201.11 of the Commission’s Helen M. Hankins, greeting cards, and other commercial printing rules, no later than 21 days prior to the State Director. applications requiring high quality print graphics. Specifically excluded from the scope are imports of hearing date specified in this notice. A [FR Doc. 2010–12460 Filed 5–24–10; 8:45 am] paper and paperboard printed with final content party that filed a notice of appearance BILLING CODE 4310–JB–P printed text or graphics.’’ during the preliminary phase of the

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29365

investigations need not file an Commission’s rules; the deadline for Authority: These investigations are being additional notice of appearance during filing is September 10, 2010. Parties conducted under authority of title VII of the this final phase. The Secretary will may also file written testimony in Tariff Act of 1930; this notice is published maintain a public service list containing pursuant to section 207.21 of the connection with their presentation at Commission’s rules. the names and addresses of all persons, the hearing, as provided in section or their representatives, who are parties 207.24 of the Commission’s rules, and By order of the Commission. to the investigations. posthearing briefs, which must conform Issued: May 19, 2010. Limited disclosure of business with the provisions of section 207.25 of Marilyn R. Abbott, proprietary information (BPI) under an the Commission’s rules. The deadline Secretary to the Commission. administrative protective order (APO) for filing posthearing briefs is [FR Doc. 2010–12496 Filed 5–24–10; 8:45 am] and BPI service list.—Pursuant to September 23, 2010; witness testimony BILLING CODE 7020–02–P section 207.7(a) of the Commission’s must be filed no later than three days rules, the Secretary will make BPI before the hearing. In addition, any gathered in the final phase of these person who has not entered an DEPARTMENT OF LABOR investigations available to authorized appearance as a party to the applicants under the APO issued in the investigations may submit a written Office of the Secretary investigations, provided that the statement of information pertinent to application is made no later than 21 the subject of the investigations, Job Corps: Final Finding of No days prior to the hearing date specified including statements of support or Significant Impact (FONSI) for Small in this notice. Authorized applicants opposition to the petition, on or before Wind Turbine Installation at the Pine must represent interested parties, as September 23, 2010. On October 13, Ridge Job Corps Center Located at defined by 19 U.S.C. 1677(9), who are 2010, the Commission will make 15710 Highway 385, Chadron, NE parties to the investigations. A party available to parties all information on 69337 granted access to BPI in the preliminary which they have not had an opportunity AGENCY: Office of the Secretary (OSEC), phase of the investigations need not to comment. Parties may submit final reapply for such access. A separate Department of Labor. comments on this information on or Recovery: This project will be wholly service list will be maintained by the before October 15, 2010, but such final funded under the American Recovery Secretary for those parties authorized to comments must not contain new factual and Reconstruction Act of 2009. receive BPI under the APO. information and must otherwise comply ACTION: Final Finding of No Significant Staff report.—The prehearing staff with section 207.30 of the Commission’s report in the final phase of these Impact (FONSI) for Small Wind Turbine rules. All written submissions must Installation at the Pine Ridge Job Corps investigations will be placed in the conform with the provisions of section nonpublic record on September 2, 2010, Center located at 15710 Highway 385, 201.8 of the Commission’s rules; any and a public version will be issued Chadron, NE 69337. submissions that contain BPI must also thereafter, pursuant to section 207.22 of conform with the requirements of SUMMARY: Pursuant to the Council on the Commission’s rules. Environmental Quality Regulations (40 Hearing.—The Commission will hold sections 201.6, 207.3, and 207.7 of the CFR part 1500–08) implementing a hearing in connection with the final Commission’s rules. The Commission’s procedural provisions of the National phase of these investigations beginning rules do not authorize filing of at 9:30 a.m. on September 16, 2010, at submissions with the Secretary by Environmental Policy Act (NEPA), the the U.S. International Trade facsimile or electronic means, except to Department of Labor, Office of the Commission Building. Requests to the extent permitted by section 201.8 of Secretary (OSEC), in accordance with 29 appear at the hearing should be filed in the Commission’s rules, as amended, 67 CFR 11.11(d), gives final notice of the writing with the Secretary to the FR 68036 (November 8, 2002). Even proposed construction of a small wind Commission on or before September 10, where electronic filing of a document is turbine at the Pine Ridge Job Corps 2010. A nonparty who has testimony permitted, certain documents must also Center, and that this project will not that may aid the Commission’s be filed in paper form, as specified in II have a significant adverse impact on the deliberations may request permission to (C) of the Commission’s Handbook on environment. In accordance with 29 present a short statement at the hearing. Electronic Filing Procedures, 67 FR CFR 11.11(d) and 40 CFR 1501.4(e)(2), All parties and nonparties desiring to 68168, 68173 (November 8, 2002). a preliminary FONSI for the project was appear at the hearing and make oral Additional written submissions to the published in the April 5, 2010 Federal presentations should attend a Commission, including requests Register (75 FR 17161). No comments prehearing conference to be held at 9:30 pursuant to section 201.12 of the were received regarding the preliminary a.m. on September 14, 2010, at the U.S. Commission’s rules, shall not be FONSI. OSEC has reviewed the International Trade Commission accepted unless good cause is shown for conclusion of the environmental Building. Oral testimony and written accepting such submissions, or unless assessment (EA), and agrees with the materials to be submitted at the public the submission is pursuant to a specific finding of no significant impact. This hearing are governed by sections request by a Commissioner or notice serves as the Final Finding of No 201.6(b)(2), 201.13(f), and 207.24 of the Commission staff. Significant Impact (FONSI) for Small Commission’s rules. Parties must submit In accordance with sections 201.16(c) Wind Turbine Installation at the Pine any request to present a portion of their and 207.3 of the Commission’s rules, Ridge Job Corps Center located at 15710 hearing testimony in camera no later each document filed by a party to the Highway 385, Chadron, NE 69337. The than 7 business days prior to the date of investigations must be served on all preliminary FONSI and the EA are the hearing. other parties to the investigations (as adopted in final with no change. Written submissions.—Each party identified by either the public or BPI DATES: Effective Date: These findings are who is an interested party shall submit service list), and a certificate of service effective as of May 25, 2010. a prehearing brief to the Commission. must be timely filed. The Secretary will FOR FURTHER INFORMATION CONTACT: Prehearing briefs must conform with the not accept a document for filing without William A Dakshaw, Department of provisions of section 207.23 of the a certificate of service. Labor, US Department of Labor, 200

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29366 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

Constitution Avenue, NW., Room N– The full Solicitation for Grant appeal under 5 U.S.C. Chapter 75, given 4460, Washington, DC 20210, (202) 693– Application is posted on http:// that the scope of a Chapter 75 appeal is 2867 (this is not a toll-free number). www.grants.gov under U.S. Department broader than a part 731 appeal and that Dated: May 19, 2010. of Labor/VETS. Applications submitted OPM generally lacks authority to issue Edna Primrose, through http://www.grants.gov or hard regulations limiting statutory rights? copy will be accepted. If you need to On April 16, 2010, MSPB published National Director of Job Corps. speak to a person concerning these in the Federal Register a Notice (See 75 [FR Doc. 2010–12562 Filed 5–24–10; 8:45 am] grants, you may telephone Cassandra FR 20007) that interested parties may BILLING CODE P Mitchell at 202–693–4570 (not a toll- submit amicus briefs or other comments free number). If you have issues on this issue no later than May 24, 2010. regarding access to the http:// The MSPB is extending the time until DEPARTMENT OF LABOR www.grants.gov Web site, you may June 7, 2010. Interested parties must file Office of the Assistant Secretary for telephone the Contact Center Phone at amicus briefs with the Clerk of the Veterans’ Employment and Training 1–800–518–4726. Board. Briefs shall not exceed 15 pages Signed at Washington, DC this 19th day of in length. The text shall be double- ‘‘Homeless Veterans’ Reintegration May, 2010. spaced, except for quotations and 1 Program (HVRP) National Technical Cassandra R. Mitchell, footnotes, and the briefs shall be on 8 ⁄2 Assistance Center Cooperative Grant Officer. by 11 inch paper with one inch margins Agreement(s)’’ on all four sides. [FR Doc. 2010–12505 Filed 5–24–10; 8:45 am] Dated: May 18, 2010. May 25, 2010. BILLING CODE 4510–79–P William D. Spencer, AGENCY: Veterans’ Employment and Training Service, Department of Labor. Clerk of the Board. Announcement Type: New Notice of MERIT SYSTEMS PROTECTION [FR Doc. 2010–12444 Filed 5–21–10; 11:15 am] Availability of Funds and Solicitation BOARD BILLING CODE 7400–01–P for Grant Applications. The full [MSPB Docket Number DC–0731–09–0261– announcement is posted on http:// R–1] www.grants.gov. NATIONAL SCIENCE FOUNDATION Funding Opportunity Number: SGA Hyginus U. Aguzie v. Office of 10–06. Personnel Management Agency Information Collection Activities: Comment Request DATES: Key Dates: The closing date for AGENCY: Merit Systems Protection receipt of applications is 30 days after Board. AGENCY: National Science Foundation. publication via http://www.grants.gov. ACTION: Notice. ACTION: Notice and request for Funding Opportunity Description comments. SUMMARY: The Merit Systems Protection The U.S. Department of Labor Board (MSPB) is providing notice of an SUMMARY: The National Science (USDOL or Department), Veterans’ extension of time in which parties may Foundation (NSF) has submitted the Employment and Training Service file amicus briefs in the matter of following information collection (VETS), announces a cooperative Hyginus U. Aguzie v. Office of requirement to OMB for review and agreement competition under 38 U.S.C. Personnel Management, MSPB Docket clearance under the Paperwork Section 2021, as added by Section 5 of Number DC–0731–09–0261–R–1. Reduction Act of 1995, Public Law 104– Public Law 107–95, the Homeless DATES: All briefs submitted in response 13. This is the second notice for public Veterans Comprehensive Assistance Act to this notice shall be filed with the comment; the first was published in the of 2001 (HVCAA). Section 2021 Clerk of the Board on or before June 7, Federal Register at 75 FR 8408, and no authorizes programs to expedite the 2010. substantial comments were received. reintegration of homeless Veterans into NSF is forwarding the proposed revised the labor force. In order to assist the ADDRESSES: Briefs must be filed with the submission to the Office of Management USDOL–VETS in carrying out 38 U.S.C. Office of the Clerk of the Board, Merit and Budget (OMB) for clearance 2021, it is announcing the availability of Systems Protection Board, 1615 M simultaneously with the publication of funds for cooperative agreement(s) to Street, NW., Washington, DC 20419. All this second notice. Comments regarding assist in maintaining and improving briefs shall be captioned ‘‘Hyginus U. (a) whether the collection of information upon the National Technical Assistance Aguzie v. Office of Personnel is necessary for the proper performance Center (NTAC) for the Homeless Management’’ and entitled ‘‘Amicus of the functions of the agency, including Veterans’ Reintegration Program (HVRP) Brief.’’ Only one copy of the brief need whether the information will have to include the Homeless Female be submitted. practical utility; (b) the accuracy of the Veterans and Homeless Veterans with FOR FURTHER INFORMATION CONTACT: agency’s estimate of burden including Families Program (HFV/HVFP) and the Matthew Shannon, Office of the Clerk of the validity of the methodology and Incarcerated Veterans Transition the Board, (202) 653–7200. assumptions used; (c) ways to enhance Program (IVTP). SUPPLEMENTARY INFORMATION: Aguzie the quality, utility and clarity of the HVRP grants are intended to address and several other cases pending before information to be collected; (d) ways to two objectives: (1) To provide services the Board present the following legal minimize the burden of the collection of to assist in reintegrating homeless issue: When the Office of Personnel information on those who are to veterans into meaningful employment Management (OPM) directs an agency to respond, including through the use of within the labor force, and (2) to separate a tenured employee for appropriate automated, electronic, stimulate the development of effective suitability reasons, must the Board mechanical, or other technological service delivery systems that will consider a subsequent appeal under 5 collection techniques or other forms of address the complex problems facing CFR part 731 as contemplated therein, information technology should be homeless veterans. or should the Board instead consider the addressed to: Office of Information and

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29367

Regulatory Affairs of OMB, Attention: scientists and engineers. Collected data SUMMARY: The National Science Desk Officer for National Science will be used to produce estimates of the Foundation (NSF) has submitted the Foundation, 725 7th Street, NW., Room characteristics of these individuals. following information collection 10235, Washington, DC 20503, and to They will also provide necessary input requirement to OMB for review and Suzanne H. Plimpton, Reports Clearance into the SESTAT data system, which clearance under the Paperwork Officer, National Science Foundation, produces national estimates of the size Reduction Act of 1995, Public Law 104– 4201 Wilson Boulevard, Suite 295, and characteristics of the country’s 13. This is the second notice for public Arlington, Virginia 22230 or send e-mail science and engineering personnel. The comment; the first was published in the to [email protected]. Comments Foundation uses this information to Federal Register at 75 FR 8408, and no regarding these information collections prepare congressionally mandated substantial comments were received. are best assured of having their full reports such as Women, Minorities and NSF is forwarding the proposed revised effect if received within 30 days of this Persons with Disabilities in Science and submission to the Office of Management notification. Copies of the submission Engineering and Science and and Budget (OMB) for clearance may be obtained by calling 703–292– Engineering Indicators. A public release simultaneously with the publication of 7556. NSF may not conduct or sponsor file of collected data, designed to protect this second notice. Comments regarding a collection of information unless the respondent confidentiality, will be (a) whether the collection of information collection of information displays a made available to researchers on CD– is necessary for the proper performance currently valid OMB control number ROM and on the World Wide Web. of the functions of the agency, including and the agency informs potential The National Opinion Research whether the information will have persons who are to respond to the Center (NORC) at the University of practical utility; (b) the accuracy of the collection of information that such Chicago will conduct the study for NSF. agency’s estimate of burden including persons are not required to respond to Data collection will begin in October the validity of the methodology and the collection of information unless it 2010 by mail, web survey and assumptions used; (c) ways to enhance displays a currently valid OMB control computer-assisted telephone interview. the quality, utility and clarity of the number. The survey will be collected in information to be collected; (d) ways to SUPPLEMENTARY INFORMATION: conformance with the Confidential minimize the burden of the collection of Title of Collection: 2010 Survey of Information Protection and Statistical information on those who are to Doctorate Recipients. Efficiency Act of 2002 and Privacy Act respond, including through the use of OMB Approval Number: 3145–0020. of 1974. The individual’s response to appropriate automated, electronic, Type of Request: Intent to seek the survey is voluntary. NSF will insure mechanical, or other technological approval to revise an information that all information collected will be collection techniques or other forms of collection for three years. kept strictly confidential and will be information technology should be 1. Abstract used only for research or statistical addressed to: Office of Information and purposes. Regulatory Affairs of OMB, Attention: The Survey of Doctorate Recipients Desk Officer for National Science (SDR) has been conducted biennially 2. Expected Respondents Foundation, 725 7th Street, NW., Room since the 1970s. The 2010 SDR will A statistical sample of approximately 10235, Washington, DC 20503, and to consist of a sample of individuals under 43,500 persons, identified as having a Suzanne H. Plimpton, Reports Clearance age 76 who have earned a science, doctorate in a science, engineering or Officer, National Science Foundation, engineering or health doctorate from a health field from a U.S. university will 4201 Wilson Boulevard, Suite 295, U.S. university from the NSF’s Survey be contacted. The total response rate in Arlington, Virginia 22230 or send e-mail of Earned Doctorate, which is an annual 2008 was 80 percent. to [email protected]. Comments census of U.S. research doctorates. The regarding these information collections purpose of this longitudinal study is to 3. Burden on the Public are best assured of having their full provide national estimates on the U.S. The amount of time to complete the effect if received within 30 days of this educated doctoral science, engineering questionnaire may vary depending on notification. Copies of the submission and health workforce and changes in an individual’s circumstances; however, may be obtained by calling 703–292– employment, education and on average it will take approximately 25 7556. NSF may not conduct or sponsor demographic characteristics of that minutes to complete the survey. a collection of information unless the workforce. The study is one of three Assuming an 80% response rate, NSF collection of information displays a components of the Scientists and estimates that the total burden for the currently valid OMB control number Engineers Statistical Data System 2010 SDR will be 14,500 hours. and the agency informs potential (SESTAT), which produces national persons who are to respond to the Dated: May 20, 2010. estimates of the size and characteristics collection of information that such of the nation’s science and engineering Suzanne H. Plimpton, persons are not required to respond to workforce. Reports Clearance Officer, National Science the collection of information unless it The National Science Foundation Act Foundation. displays a currently valid OMB control of 1950, as subsequently amended, [FR Doc. 2010–12531 Filed 5–24–10; 8:45 am] number. includes a statutory charge to ‘‘*** BILLING CODE 7555–01–P SUPPLEMENTARY INFORMATION: provide a central clearinghouse for the Title of Collection: 2010 National collection, interpretation, and analysis Survey of College Graduates. of data on scientific and engineering NATIONAL SCIENCE FOUNDATION OMB Approval Number: 3145–0141. resources, and to provide a source of Type of Request: Intent to seek Agency Information Collection information for policy formulation by approval to revise an information Activities: Comment Request other agencies of the Federal collection for three years. Government.’’ The SDR is designed to AGENCY: National Science Foundation. comply with these mandates by 1. Abstract ACTION: Submission for OMB review; providing information on the supply The National Survey of College comment request. and utilization of the nation’s doctoral Graduates (NSCG), formerly called the

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29368 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

National Survey of Natural and Social 2. Expected Respondents Suzanne H. Plimpton, Reports Clearance Scientists and Engineers, has been A statistical sample of approximately Officer, National Science Foundation, conducted biennially since the 1970s. 100,000 persons will be contacted. The 4201 Wilson Boulevard, Suite 295, The 2010 NSCG will consist of the total response rate in 2010 is expected Arlington, Virginia 22230 or send e-mail respondents to 2009 American to be 70 to 80 percent. to [email protected]. Comments Community Survey (ACS), the 2008 regarding these information collections NSCG, and the 2008 National Survey of 3. Burden on the Public are best assured of having their full Recent College Graduates (NSRCG). The The amount of time to complete the effect if received within 30 days of this purpose of this longitudinal study is to questionnaire may vary depending on notification. Copies of the submission provide national estimates on the an individual’s circumstances; however, may be obtained by calling 703–292– science and engineering workforce and on average it will take approximately 25 7556. NSF may not conduct or sponsor changes in employment, education and minutes to complete the survey. NSF a collection of information unless the demographic characteristics. The study estimates that the total burden for the collection of information displays a is one of three components of the 2010 NSCG will be no more than 33,333 currently valid OMB control number Scientists and Engineers Statistical Data hours. and the agency informs potential persons who are to respond to the System (SESTAT), which produces Dated: May 20, 2010. national estimates of the size and collection of information that such Suzanne H. Plimpton, persons are not required to respond to characteristics of the nation’s science Reports Clearance Officer, National Science and engineering workforce. the collection of information unless it Foundation. displays a currently valid OMB control The National Science Foundation Act [FR Doc. 2010–12528 Filed 5–24–10; 8:45 am] number. of 1950, as subsequently amended, BILLING CODE 7555–01–P SUPPLEMENTARY INFORMATION: includes a statutory charge to ‘‘*** Title of Collection: 2010 National provide a central clearinghouse for the Survey of Recent College Graduates. NATIONAL SCIENCE FOUNDATION collection, interpretation, and analysis OMB Approval Number: 3145–0077. of data on scientific and engineering Agency Information Collection Type of Request: Intent to seek resources, and to provide a source of Activities: Comment Request approval to revise an information information for policy formulation by collection for three years. other agencies of the Federal AGENCY: National Science Foundation. 1. Abstract Government.’’ The NSCG is designed to ACTION: Submission for OMB review; comply with these mandates by comment request. The National Survey of Recent providing information on the supply College Graduates (NSRCG) has been and utilization of the nation’s scientists SUMMARY: The National Science conducted biennially since 1974. The and engineers. Collected data will be Foundation (NSF) has submitted the 2010 NSRCG will consist of a sample of used to produce estimates of the following information collection individuals who have recently characteristics of these individuals. requirement to OMB for review and completed bachelor’s and master’s They will also provide necessary input clearance under the Paperwork degrees in science, engineering and into the SESTAT labor force data Reduction Act of 1995, Public Law 104– health from U.S. institutions. The system, which produces national 13. This is the second notice for public purpose of this study is to provide estimates of the size and characteristics comment; the first was published in the national estimates of new entrants into of the country’s science and engineering Federal Register at 75 FR 8409, and no the science and engineering workforce personnel. The Foundation uses this substantial comments were received. with recent bachelor’s and master’s information to prepare congressionally NSF is forwarding the proposed revised degrees in science, engineering, and submission to the Office of Management mandated reports such as Women, health fields from U.S. institutions, and and Budget (OMB) for clearance Minorities and Persons with Disabilities estimates of their characteristics. The simultaneously with the publication of in Science and Engineering and Science study is one of three components of the this second notice. Comments regarding Scientists and Engineers Statistical Data and Engineering Indicators. A public (a) whether the collection of information System (SESTAT), which produces release file of the NSCG collected data, is necessary for the proper performance national estimates of the size and designed to protect respondent of the functions of the agency, including characteristics of the nation’s science confidentiality, will be made available whether the information will have and engineering workforce. to researchers on CD–ROM and on the practical utility; (b) the accuracy of the The National Science Foundation Act World Wide Web. agency’s estimate of burden including of 1950, as subsequently amended, The Bureau of the Census, as in the the validity of the methodology and includes a statutory charge to ‘‘ *** past, will conduct the study for NSF. assumptions used; (c) ways to enhance provide a central clearinghouse for the Data are obtained by mail questionnaire, the quality, utility and clarity of the collection, interpretation, and analysis computer assisted telephone interview information to be collected; (d) ways to of data on scientific and engineering and Web survey beginning October minimize the burden of the collection of resources, and to provide a source of 2010. The survey will be collected in information on those who are to information for policy formulation by conformance with the Confidential respond, including through the use of other agencies of the Federal Information Protection and Statistical appropriate automated, electronic, Government.’’ The NSRCG is designed Efficiency Act of 2002, Privacy Act of mechanical, or other technological to comply with these mandates by 1974, and Title 13, United States Code, collection techniques or other forms of providing information on the supply Section 9. The individual’s response to information technology should be and utilization of the nation’s recent the survey is voluntary. NSF will insure addressed to: Office of Information and bachelor’s and master’s level scientists that all information collected will be Regulatory Affairs of OMB, Attention: and engineers. Collected data will be kept strictly confidential, and will be Desk Officer for National Science used to produce estimates of the used only for research or statistical Foundation, 725 7th Street, NW., Room characteristics of these individuals. purposes. 10235, Washington, DC 20503, and to They will also provide necessary input

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29369

into the SESTAT labor force data Dated: May 20, 2010. a. South Texas Project Nuclear system, which produces national Suzanne H. Plimpton, Operating Co. (South Texas Project estimates of the size and characteristics Reports Clearance Officer, National Science Units 3 and 4), Intervenors’ Notice of the country’s science and engineering Foundation. of Appeal, Brief in Support of personnel. The Foundation uses this [FR Doc. 2010–12530 Filed 5–24–10; 8:45 am] Intervenors’ Appeal of Atomic information to prepare congressionally BILLING CODE 7555–01–P Safety and Licensing Board’s Order mandated reports such as Women, of January 29, 2010 (Feb. 9, 2010) Minorities and Persons with Disability (Tentative). in Science and Engineering and Science NATIONAL SCIENCE FOUNDATION This meeting will be Webcast live at and Engineering Indicators. NSF the Web address—http://www.nrc.gov. Advisory Committee for Mathematical publishes statistics from the survey in 9:30 a.m. Briefing on the Results of the many reports, but primarily in the and Physical Sciences; Notice of Meeting Agency Action Review Meeting biennial series, Characteristics of Recent (AARM) (Public Meeting), (Contact: Science and Engineering Graduates in In accordance with Federal Advisory Nathan Sanfilippo, 301–415–3951). the United States. A public release file Committee Act (Pub. L. 92–463, as This meeting will be Webcast live at of collected data, designed to protect amended), the National Science the Web address—http://www.nrc.gov. respondent confidentiality, will be Foundation announces the following made available to researchers on CD– meeting: Week of May 31, 2010—Tentative ROM and on the World Wide Web. There are no meetings scheduled for Mathematica Policy Research will Name: Directorate for Mathematical and Physical Sciences Advisory Committee (#66). the week of May 31, 2010. conduct the study under contract for Date/Time: June 17, 2010 2 p.m.–4 p.m. Week of June 7, 2010—Tentative NSF. Data are obtained by mail Place: National Science Foundation, 4201 questionnaire, computer assisted Wilson Boulevard, Arlington, VA 22230, Wednesday, June 9, 2010 telephone interview and web survey Room 110 (teleconference). beginning October 2010. The survey Type of Meeting: Open. 1:30 p.m. Meeting with the Advisory will be collected in conformance with Contact Person: Dr. Morris L. Aizenman, Committee on Reactor Safeguards the Confidential Information Protection Senior Science Associate, Directorate for (Public Meeting), (Contact: and Statistical Efficiency Act of 2002 Mathematical and Physical Sciences, Room Cayetano Santos, 301–415–7270). and Privacy Act of 1974. The 1005, National Science Foundation, 4201 This meeting will be Webcast live at Wilson Boulevard, Arlington, VA 22230. the Web address—http://www.nrc.gov. individual’s response to the survey is (703) 292–8807. voluntary. NSF will insure that all Purpose of Meeting: To provide advice and Week of June 14, 2010—Tentative information collected will be kept recommendations concerning NSF science strictly confidential and will be used and education activities within the Thursday, June 17, 2010 only for research or statistical purposes. Directorate for Mathematical and Physical 9 a.m. Briefing on Blending (Public Sciences. 2. Expected Respondents Agenda: Report of the Committee of Meeting), (Contact: George Deegan, 301–415–7834). A sample of approximately 300 Visitors for the Division of Chemistry Report of the Committee of Visitors for the Division This meeting will be webcast live at institutions in the U.S. that grant S&E of Mathematical Sciences. the Web address—http://www.nrc.gov. degrees will be contacted in the first Summary Minutes: May be obtained from stage of the survey to provide a list of the contact person listed above. Week of June 21, 2010—Tentative bachelor’s and master’s degree recipients in the most two recent Dated: May 19, 2010. There are no meetings scheduled for academic years in order to construct the Susanne E. Bolton, the week of June 21, 2010. sampling frame of graduates. In the Committee Management Officer. Week of June 28, 2010—Tentative second stage, a sample of 18,000 [FR Doc. 2010–12494 Filed 5–24–10; 8:45 am] There are no meetings scheduled for bachelor’s and master’s degree BILLING CODE 7555–01–P the week of June 28, 2010. recipients in science, engineering, and health will be contacted for the survey. * * * * * The total response rate in 2008 for the NUCLEAR REGULATORY * The schedule for Commission first stage was 95 percent and second COMMISSION meetings is subject to change on short stage was 71 percent. notice. To verify the status of meetings, [NRC–2010–0002] call (recording)—(301) 415–1292. 3. Burden on the Public Contact person for more information: Sunshine Federal Register Notice The amount of time for the 300 Rochelle Bavol, (301) 415–1651. sampled institutions to provide their AGENCY HOLDING THE MEETINGS: Nuclear * * * * * graduate lists is estimated on average to Regulatory Commission. The NRC Commission Meeting Schedule can be found on the Internet be 3 hours. The amount of time for the DATES: Weeks of May 24, 31, June, 7, 14, sampled graduates to complete the 21, 28, 2010. at: http://www.nrc.gov/about-nrc/policy- NSRCG questionnaire may vary making/schedule.html. PLACE: Commissioners’ Conference depending on an individual’s Room, 11555 Rockville Pike, Rockville, * * * * * circumstances; however, on average it Maryland. The NRC provides reasonable will take approximately 25 minutes to accommodation to individuals with complete the survey. Assuming 90% STATUS: Public and closed. disabilities where appropriate. If you response rate from the sampled Week of May 24, 2010 need a reasonable accommodation to institutions, and 80% response rate participate in these public meetings, or from the sampled graduates, NSF Thursday, May 27, 2010 need this meeting notice or the estimates that the total burden for the 9:25 a.m. Affirmation Session (Public transcript or other information from the 2010 NSRCG will be 6,815 hours. Meeting) (Tentative). public meetings in another format (e.g.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29370 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

braille, large print), please notify Angela Contiguous Counties: (Economic Injury (Catalog of Federal Domestic Assistance Bolduc, Chief, Employee/Labor Loans Only): Numbers 59002 and 59008) Relations and Work Life Branch, at 301– Kentucky: Bourbon, Clark, Estill, Joseph P. Loddo, Henry, Larue, Lawrence, 492–2230, TDD: 301–415–2100, or by e- Acting Associate Administrator for Disaster mail at [email protected]. Montgomery, Nelson Nicholas, Assistance. Owen, Shelby, Washington. Determinations on requests for [FR Doc. 2010–12464 Filed 5–24–10; 8:45 am] reasonable accommodation will be Ohio: Lawrence. BILLING CODE 8025–01–P made on a case-by-case basis. West Virginia: Wayne. * * * * * All other information in the original This notice is distributed declaration remains unchanged. SMALL BUSINESS ADMINISTRATION electronically to subscribers. If you no (Catalog of Federal Domestic Assistance longer wish to receive it, or would like Numbers 59002 and 59008) [Disaster Declaration #12188 and #12189] to be added to the distribution, please Joseph P. Loddo, contact the Office of the Secretary, Mississippi Disaster #MS–00039 Washington, DC 20555 (301–415–1969), Acting Associate Administrator for Disaster or send an e-mail to Assistance. AGENCY: U.S. Small Business [email protected]. [FR Doc. 2010–12463 Filed 5–24–10; 8:45 am] Administration. Dated: May 19, 2010. BILLING CODE 8025–01–P ACTION: Notice. Rochelle C. Bavol, SUMMARY: This is a Notice of the Office of the Secretary. SMALL BUSINESS ADMINISTRATION Presidential declaration of a major [FR Doc. 2010–12514 Filed 5–21–10; 11:15 am] [Disaster Declaration #12170 and #12171] disaster for Public Assistance Only for BILLING CODE 7590–01–P the State of Mississippi (FEMA–1916– Kentucky Disaster Number KY–00033 DR), dated 05/14/2010. Incident: Severe Storms, Tornadoes, AGENCY: SMALL BUSINESS ADMINISTRATION U.S. Small Business and Flooding. Administration. [Disaster Declaration #12168 and #12169] Incident Period: 05/01/2010 through ACTION: Amendment 1. 05/02/2010. Kentucky Disaster Number KY–00032 SUMMARY: This is an amendment of the Effective Date: 05/14/2010. Physical Loan Application Deadline AGENCY: Presidential declaration of a major U.S. Small Business Date: 07/13/2010. Administration. disaster for Public Assistance Only for the Commonwealth of Kentucky Economic Injury (EIDL) Loan ACTION: Amendment 1. (FEMA–1912–DR), dated 05/11/2010. Application Deadline Date: 02/14/2011. SUMMARY: This is an amendment of the Incident: Severe Storms, Flooding, ADDRESSES: Submit completed loan Presidential declaration of a major Mudslides, and Tornadoes. applications to: U.S. Small Business disaster for the Commonwealth of Incident Period: 05/01/2010 and Administration, Processing and Kentucky (FEMA–1912–DR), dated continuing. Disbursement Center, 14925 Kingsport 05/11/2010. DATES: Effective Date: 05/17/2010. Road, Fort Worth, TX 76155. Incident: Severe Storms, Flooding, Physical Loan Application Deadline FOR FURTHER INFORMATION CONTACT: A. Mudslides, and Tornadoes. Date: 07/12/2010. Escobar, Office of Disaster Assistance, Incident Period: 05/01/2010 and Economic Injury (EIDL) Loan U.S. Small Business Administration, continuing. Application Deadline Date: 02/11/2011. 409 3rd Street, SW., Suite 6050, DATES: Effective Date: 05/17/2010. ADDRESSES: Submit completed loan Washington, DC 20416. Physical Loan Application Deadline applications to: U.S. Small Business SUPPLEMENTARY INFORMATION: Notice is Date: 07/12/2010. Administration, Processing and hereby given that as a result of the EIDL Loan Application Deadline Date: Disbursement Center, 14925 Kingsport President’s major disaster declaration on 02/11/2011. Road, Fort Worth, TX 76155. 05/14/2010, Private Non-Profit ADDRESSES: Submit completed loan FOR FURTHER INFORMATION CONTACT: A. organizations that provide essential applications to: U.S. Small Business Escobar, Office of Disaster Assistance, services of governmental nature may file Administration, Processing and U.S. Small Business Administration, disaster loan applications at the address Disbursement Center, 14925 Kingsport 409 3rd Street, SW., Suite 6050, listed above or other locally announced Road, Fort Worth, TX 76155. Washington, DC 20416. locations. FOR FURTHER INFORMATION CONTACT: A. SUPPLEMENTARY INFORMATION: The notice The following areas have been Escobar, Office of Disaster Assistance, of the President’s major disaster determined to be adversely affected by U.S. Small Business Administration, declaration for Private Non-Profit the disaster: 409 3rd Street, SW., Suite 6050, organizations in the Commonwealth of Primary Counties: Alcorn, Benton, Washington, DC 20416. Kentucky, dated 05/11/2010, is hereby Prentiss, Tippah, Tishomingo. SUPPLEMENTARY INFORMATION: The notice amended to include the following areas The Interest Rates are: of the Presidential disaster declaration as adversely affected by the disaster. for the Commonwealth of Kentucky, Primary Counties: Adair, Barren, Bath, Percent dated 05/11/2010 is hereby amended to Boyle, Carter, Casey, Cumberland, include the following areas as adversely Edmonson, Garrard, Grayson, For Physical Damage: affected by the disaster: Jessamine, Lincoln, Madison, Marion, Non-Profit Organizations With Credit Available Elsewhere ... 3.625 Primary Counties: (Physical Damage Menifee, Nelson, Rowan, Simpson, Non-Profit Organizations With- and Economic Injury Loans): Bath, Warren, Washington, Woodford. out Credit Available Else- Boyd, Carter, Franklin, Greenup, All other information in the original where ...... 3.000 Madison, Marion, Adair, Mercer. declaration remains unchanged. For Economic Injury:

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29371

Percent Marshall, Panola, Pontotoc, U.S. Small Business Administration, Prentiss, Tate, Union, Yalobusha. 409 3rd Street, SW., Suite 6050, Non-Profit Organizations With- Alabama: Colbert, Franklin, Washington, DC 20416. out Credit Available Else- Lauderdale. SUPPLEMENTARY INFORMATION: Notice is where ...... 3.000 Tennessee: Fayette, Hardeman, hereby given that as a result of the Hardin, Mcnairy. Administrator’s disaster declaration, The number assigned to this disaster The Interest Rates are: applications for disaster loans may be for physical damage is 12188B and for filed at the address listed above or other Percent economic injury is 12189B. locally announced locations. (Catalog of Federal Domestic Assistance For Physical Damage: The following areas have been Numbers 59002 and 59008) Homeowners With Credit Avail- determined to be adversely affected by James E. Rivera, able Elsewhere ...... 5.500 the disaster: Homeowners Without Credit Associate Administrator for Disaster Primary Counties: Darlington. Available Elsewhere ...... 2.750 Assistance. Contiguous Counties: South Carolina: Businesses With Credit Avail- [FR Doc. 2010–12465 Filed 5–24–10; 8:45 am] Chesterfield, Florence, Kershaw, Lee, able Elsewhere ...... 6.000 Marlboro. BILLING CODE 8025–01–P Businesses Without Credit The Interest Rates are: Available Elsewhere ...... 4.000 Non-Profit Organizations With Percent SMALL BUSINESS ADMINISTRATION Credit Available Elsewhere ... 3.625 Non-Profit Organizations With- For Physical Damage: [Disaster Declaration #12186 and #12187] out Credit Available Else- Homeowners With Credit Avail- where ...... 3.000 able Elsewhere ...... 5.500 Mississippi Disaster #MS–00037 For Economic Injury: Homeowners Without Credit Businesses & Small Agricultural AGENCY: Available Elsewhere ...... 2.750 U.S. Small Business Cooperatives Without Credit Businesses With Credit Avail- Administration. Available Elsewhere ...... 4.000 able Elsewhere ...... 6.000 ACTION: Notice. Non-Profit Organizations With- Businesses Without Credit out Credit Available Else- Available Elsewhere ...... 4.000 SUMMARY: This is a Notice of the where ...... 3.000 Non-Profit Organizations With Presidential declaration of a major Credit Available Elsewhere ... 3.625 disaster for the State of Mississippi The number assigned to this disaster Non-Profit Organizations With- (FEMA–1916–DR), dated 05/14/2010. for physical damage is 12186B and for out Credit Available Else- Incident: Severe Storms, Tornadoes, economic injury is 121870. where ...... 3.000 and Flooding. (Catalog of Federal Domestic Assistance For Economic Injury: Incident Period: 05/01/2010 through Numbers 59002 and 59008) Businesses & Small Agricultural 05/02/2010. Cooperatives Without Credit James E. Rivera, Available Elsewhere ...... 4.000 DATES: Effective Date: 05/14/2010. Non-Profit Organizations With- Physical Loan Application Deadline Associate Administrator for Disaster Assistance. out Credit Available Else- Date: 07/13/2010. where ...... 3.000 Economic Injury (Eidl) Loan [FR Doc. 2010–12467 Filed 5–24–10; 8:45 am] BILLING CODE 8025–01–P Application Deadline Date: 02/14/2011. The number assigned to this disaster ADDRESSES: Submit completed loan for physical damage is 12175 C and for applications to: U.S. Small Business SMALL BUSINESS ADMINISTRATION economic injury is 121760. Administration, Processing and The States which received an EIDL Disbursement Center, 14925 Kingsport [Disaster Declaration #12175 and #12176] Declaration # are: South Carolina. Road, Fort Worth, TX 76155. South Carolina Disaster #SC–00011 (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: A. Numbers 59002 and 59008) Escobar, Office of Disaster Assistance, AGENCY: U.S. Small Business Dated: May 14, 2010. Administration. U.S. Small Business Administration, Karen G. Mills, ACTION: Notice. 409 3rd Street, SW., Suite 6050, Administrator. Washington, DC 20416. SUMMARY: This is a notice of an [FR Doc. 2010–12469 Filed 5–24–10; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is Administrative declaration of a disaster BILLING CODE 8025–01–P hereby given that as a result of the for the State of South Carolina dated 05/ President’s major disaster declaration on 14/2010. 05/14/2010, applications for disaster Incident: Tornadoes. SECURITIES AND EXCHANGE loans may be filed at the address listed Incident Period: 04/25/2010. COMMISSION above or other locally announced Effective Date: 05/14/2010. locations. Physical Loan Application Deadline [Release No. 34–62112; File No. SR– The following areas have been Date: 07/13/2010. NASDAQ–2010–052] determined to be adversely affected by Economic Injury (EIDL) Loan Self-Regulatory Organizations; The the disaster: Application Deadline Date: 02/14/2011. NASDAQ Stock Market LLC; Notice of ADDRESSES: Submit completed loan Primary Counties (Physical Damage and Filing of a Proposed Rule Change and applications to: U.S. Small Business Economic Injury Loans): Alcorn, Amendment No. 1 Thereto To Establish Administration, Processing and Benton, Lafayette, Tippah, a New Service and Related Fees Tishomingo. Disbursement Center, 14925 Kingsport Contiguous Counties (Economic Injury Road, Fort Worth, TX 76155. May 14, 2010. Loans Only): FOR FURTHER INFORMATION CONTACT: A. Pursuant to Section 19(b)(1) of the Mississippi: Calhoun, Itawamba, Escobar, Office of Disaster Assistance, Securities Exchange Act of 1934

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29372 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

(‘‘Act’’),1 and Rule 19b–4 thereunder,2 (1) The fee for each Distributor of the 2. Statutory Basis notice is hereby given that on April 26, Short Sale Data Product described in Nasdaq believes that the proposed 2010, The NASDAQ Stock Market LLC paragraphs (a) and (b) above is $500 per rule change is consistent with the (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed with month, which allows the distributor provisions of Section 6 of the Act,3 in the Securities and Exchange access to the downloadable FTP files general, and Section 6(b)(4) of the Act,4 Commission (‘‘Commission’’) the and to distribute such files internally in particular, in that it provides an proposed rule change as described in and externally. equitable allocation of reasonable fees Items I, II, and III below, which Items * * * * * among users and recipients of Nasdaq have been prepared by Nasdaq. On May data. In adopting Regulation NMS, the 13, 2010, the Exchange filed II. Self-Regulatory Organization’s Commission granted self-regulatory Amendment No. 1. The Commission is Statement of the Purpose of, and organizations and broker-dealers publishing this notice to solicit Statutory Basis for, the Proposed Rule increased authority and flexibility to comments on the proposed rule change, Change offer new and unique market data to the as amended, from interested persons. public. It was believed that this In its filing with the Commission, authority would expand the amount of I. Self-Regulatory Organization’s Nasdaq included statements concerning data available to consumers, and also Statement of the Terms of Substance of the purpose of, and basis for, the spur innovation and competition for the the Proposed Rule Change proposed rule change and discussed any provision of market data. Nasdaq is proposing to establish a comments it received on the proposed The Short Sale market data products new service and related fees. The rule change. The text of these statements proposed here appear to be precisely the Nasdaq Short Sale Volume and Monthly may be examined at the places specified sort of market data product that the Short Sale Transaction files (the in Item IV below. Nasdaq has prepared Commission envisioned when it ‘‘Service’’) will establish a product that summaries, set forth in Sections A, B, adopted Regulation NMS. The is comprised of aggregate reported share and C below, of the most significant Commission concluded that Regulation volume of executed short sale trades aspects of such statements. NMS—by deregulating the market in during regular market hours on a daily A. Self-Regulatory Organization’s proprietary data—would itself further basis, as well as every short sale Statement of the Purpose of, and the Act’s goals of facilitating efficiency executed on the Nasdaq execution Statutory Basis for, the Proposed Rule and competition: system and reported to a consolidated Change [E]fficiency is promoted when broker- tape for Nasdaq, the New York Stock dealers who do not need the data beyond the Exchange (‘‘NYSE’’) and regional 1. Purpose prices, sizes, market center identifications of exchange-listed securities, including the the NBBO and consolidated last sale price of the trade and the number of Nasdaq proposes to establish the new information are not required to receive (and shares for every short sale transaction, Service and related fees that will pay for) such data. The Commission also on a monthly basis, separated into daily provide subscribers with market believes that efficiency is promoted when files. information and increased market broker-dealers may choose to receive (and transparency that will help bolster pay for) additional market data based on their The text of the proposed rule change own internal analysis of the need for such is below. Proposed new language is investor confidence. Nasdaq believes data.5 italicized and proposed deletions are in that in creating these data products it By removing ‘‘unnecessary regulatory brackets. will be addressing the market demand restrictions’’ on the ability of exchanges * * * * * for: (i) A short sale product that is comprised of aggregate reported share to sell their own data, Regulation NMS 7051. Nasdaq Daily Short Volume and advanced the goals of the Act and the Monthly Short Sale Transaction Files volume of executed short sale trades during regular market hours on a daily principles reflected in its legislative (a) Daily Short Sale Volume files basis; and (ii) every short sale executed history. If the free market should reflect the aggregate number of shares determine whether, proprietary data is on the Nasdaq execution system and executed on the Nasdaq market during sold to broker-dealers at all, it follows reported to a consolidated tape for regular trading hours on a daily basis. that the price at which such data is sold Nasdaq, NYSE and regional exchange- At the security level, Nasdaq will show should be set by the market as well. listed securities, including the price of the volume for executed short sale the trade and the number of shares for B. Self-Regulatory Organization’s trades, as well as the total trading Statement on Burden on Competition volume for the Nasdaq market. The file every short sale transaction, on a will include short sale data for Nasdaq, monthly basis, separated into daily files. Nasdaq does not believe that the NYSE and regional exchange-listed Nasdaq proposes to offer the Service proposed rule change will result in any securities. at $500 per subscriber, per month, burden on competition that is not (b) Monthly Short Sale Transaction which allows a distributor access to the necessary or appropriate in furtherance files provide a trade-by-trade record of downloadable FTP files and to of the purposes of the Act, as amended. all short sales executed on the Nasdaq distribute internally and externally. Use As the Commission has recognized,6 the execution system and reported to a of the Service is voluntary. The market for transaction execution and consolidated tape in Nasdaq, NYSE and proposed fee will be applied to offset routing services is highly competitive, regional exchange-listed securities. The the costs associated with establishing and the market for proprietary data file will be provided on a monthly basis, the Service, responding to customer products is complementary to it, since separated into daily files. Historical requests, configuring Nasdaq’s systems, monthly files are available back to programming to user specifications, and 3 15 U.S.C. 78f. August 2005. administering the service, among other 4 15 U.S.C. 78f(b)(4). things. To the extent that costs are 5 Securities Exchange Act Release No. 51808 (c) Distributor Fees (June 9, 2005), 70 FR 37496 (June 29, 2005). covered by the proposed fee, the 6 Securities Exchange Act Release No. 59039 1 15 U.S.C. 78s(b)(1). proposed fee may also provide Nasdaq (December 2, 2008), 73 FR 74770 (December 9, 2 17 CFR 240.19b–4. with a profit. 2008) (SR–NYSEArca–2006–21).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29373

the ultimate goal of such products is to LAVA, as well as market data vendors C. Self-Regulatory Organization’s attract further order flow to an can facilitate single or multiple broker- Statement on Comments on the exchange. Thus, exchanges lack the dealers’ production of proprietary data Proposed Rule Change Received From ability to set fees for executions or data products. The potential sources of Members, Participants, or Others at inappropriately high levels. Order proprietary products are virtually Written comments were neither flow is immediately transportable to limitless. solicited nor received. other venues in response to differences The fact that proprietary data from in cost or value. Similarly, if data fees ECNs, BDs, and vendors can by-pass III. Date of Effectiveness of the are set at inappropriate levels, SROs is significant in two respects. Proposed Rule Change and Timing for customers that control order flow will First, non-SROs can compete directly Commission Action not make use of the data and will be with SROs for the production and Within 35 days of the date of more inclined to send order flow to distribution of proprietary data publication of this notice in the Federal exchanges providing data at fees they products, as Archipelago and BATS Register or within such longer period (i) consider more reasonable. Trading did prior to registering as SROs. as the Commission may designate up to The market for proprietary data Second, because a single order or 90 days of such date if it finds such products is currently competitive and transaction report can appear in an SRO longer period to be appropriate and inherently contestable because there is proprietary product, a non-SRO publishes its reasons for so finding or fierce competition for the inputs proprietary product, or both, the data (ii) as to which the self-regulatory necessary to the creation of proprietary available in proprietary products is organization consents, the Commission data and strict pricing discipline for the exponentially greater than the actual proprietary products themselves. will: number of orders and transaction A. By order approve such proposed Numerous exchanges compete with reports that exist in the marketplace each other for listings, trades, and rule change, or writ large. market data itself, providing virtually B. Institute proceedings to determine limitless opportunities for entrepreneurs Market data vendors provide another whether the proposed rule change who wish to produce and distribute form of price discipline for proprietary should be disapproved. data products because they control the their own market data. This proprietary IV. Solicitation of Comments data is produced by each individual primary means of access to end users. Interested persons are invited to exchange, as well as other entities, in a Although their business models may vigorously competitive market. differ, vendors exercise pricing submit written data, views, and With regard to the market for discipline because they can simply arguments concerning the foregoing, executions, broker-dealers currently refuse to purchase any proprietary data including whether the proposed rule have numerous alternative venues for product that fails to provide sufficient change is consistent with the Act. their order flow, including multiple value. Nasdaq and other producers of Comments may be submitted by any of competing self-regulatory organization proprietary data products must the following methods: (‘‘SRO’’) markets, as well as broker- understand and respond to these Electronic Comments varying business models and pricing dealers (‘‘BDs’’) and aggregators such as • the Direct Edge and LavaFlow electronic disciplines in order to successfully Use the Commission’s Internet communications network (‘‘ECN’’). Each market proprietary data products. comment form (http://www.sec.gov/ rules/sro.shtml); or SRO market competes to produce In addition to the competition and • transaction reports via trade executions, price discipline described above, the Send an e-mail to rule- and FINRA-regulated Trade Reporting market for proprietary data products is [email protected]. Please include File Facilities (‘‘TRFs’’) compete to attract also highly contestable because market Number SR–NASDAQ–2010–052 on the internalized transaction reports. It is entry is rapid, inexpensive, and subject line. common for BDs to further and exploit profitable. The history of electronic Paper Comments this competition by sending their order trading is replete with examples of • Send paper comments in triplicate flow and transaction reports to multiple entrants that swiftly grew into some of to Elizabeth M. Murphy, Secretary, markets, rather than providing them all the largest electronic trading platforms Securities and Exchange Commission, to a single market. and proprietary data producers: 100 F Street, NE., Washington, DC Competitive markets for order flow, Archipelago, Bloomberg Tradebook, 20549–1090. executions, and transaction reports Island, RediBook, Attain, TracECN, and provide pricing discipline for the inputs BATS Trading. Today, BATS publishes All submissions should refer to File of proprietary data products. The large its data at no charge on its Web site in Number SR–NASDAQ–2010–052. This number of SROs, TRFs, and ECNs that order to attract order flow, and it uses file number should be included on the currently produce proprietary data or market data revenue rebates from the subject line if e-mail is used. To help the are currently capable of producing it resulting executions to maintain low Commission process and review your provides further pricing discipline for execution charges for its users.7 Several comments more efficiently, please use proprietary data products. Each SRO, ECNs have existed profitably for many only one method. The Commission will TRF, ECN and BD is currently permitted years with a minimal share of trading, post all comments on the Commission’s to produce proprietary data products, including Bloomberg Tradebook and Internet Web site (http://www.sec.gov/ and many currently do or have LavaFlow. rules/sro.shtml). Copies of the announced plans to do so, including submission, all subsequent Nasdaq, NYSE, Alternext, NYSEArca, 7 However, on April 9, 2010 the Commission amendments, all written statements and BATS. approved [sic] BATS proposed rule change to begin with respect to the proposed rule Any ECN or BD can combine with any offering and charging for three new data products, change that are filed with the other ECN, broker-dealer, or multiple which include BATS Last Sale Feed, BATS Commission, and all written Historical Data Products, and a data product called ECNs or BDs to produce jointly BATS Market Insight. See Securities Exchange Act communications relating to the proprietary data products. Additionally, Release No. 61885 (April 9, 2010), 75 FR 20018 proposed rule change between the non-BDs such as order routers like (April 16, 2010). Commission and any person, other than

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29374 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

those that may be withheld from the I. Self-Regulatory Organization’s efficiency benefits that result from public in accordance with the Statement of the Terms of Substance of automation. For instance, Participants provisions of 5 U.S.C. 552, will be the Proposed Rule Change could identify appropriate tax treatment available for Web site viewing and The purpose of the proposed rule prior to allocation which would help printing in the Commission’s Public change is to revise DTC’s Procedures decrease alternative reliance on the Reference Room, 100 F Street, NE., regarding the Participant Tender Offer reclaim process. DTC believes this Washington, DC 20549, on official Program function. proposal would also offer greater business days between the hours of 10 automation and efficiency to consent a.m. and 3 p.m. Copies of such filing II. Self-Regulatory Organization’s solicitation collection, which is also will be available for Web site Statement of the Purpose of, and currently a manual and paper-driven viewing and copying at the principal Statutory Basis for, the Proposed Rule process. Change office of Nasdaq. All comments received DTC believes the proposed rule will be posted without change; the In its filing with the Commission, change is consistent with the Commission does not edit personal DTC included statements concerning requirements of Section 17A of the Act 7 identifying information from the purpose of and basis for the and the rules and regulations submissions. You should submit only proposed rule change and discussed any thereunder applicable to DTC because information that you wish to make comments it received on the proposed the proposed rule change promotes publicly available. All submissions rule change. The text of these statements efficiencies in the clearance and should refer to File Number SR– may be examined at the places specified settlement of securities transactions by NASDAQ–2010–052 and should be in Item IV below. DTC has prepared revising DTC’s Procedures to promote submitted on or before June 15, 2010. summaries, set forth in sections (A), (B) use of the PTOP function for elections For the Commission, by the Division of and (C) below, of the most significant in corporate action events. 4 Trading and Markets, pursuant to delegated aspects of such statements. 8 (B) Self-Regulatory Organization’s authority. (A) Self-Regulatory Organization’s Statement on Burden on Competition Florence E. Harmon, Statement of the Purpose of, and Deputy Secretary. Statutory Basis for, the Proposed Rule DTC does not believe that the [FR Doc. 2010–12495 Filed 5–24–10; 8:45 am] Change proposed rule change will have any impact or impose any burden on BILLING CODE 8010–01–P DTC distributes information to Participants regarding the competition. reorganization activity that it handles.5 (C) Self-Regulatory Organization’s SECURITIES AND EXCHANGE Upon receiving notice of such Statement on Comments on the COMMISSION reorganization activity, Participants may Proposed Rule Change Received From use DTC’s Participant Tender Offer Members, Participants, or Others [Release No. 34–62119; File No. SR–DTC– Program (‘‘PTOP’’) function to elect 2010–08] participation in the reorganization event Written comments relating to the and to place related instructions for proposed rule change have not yet been Self-Regulatory Organizations; The DTC to process. Current examples of solicited or received. DTC will notify Depository Trust Company; Notice of reorganization activity managed through the Commission of any written Filing and Immediate Effectiveness of the PTOP function include the comments received by DTC. processing of voluntary corporate Proposed Rule Change To Revise Its III. Date of Effectiveness of the actions, tenders and exchanges, cash Procedures Regarding the Participant Proposed Rule Change and Timing for conversions, and mandatory event Tender Offer Program Function Commission Action processing of mergers with elections. May 18, 2010. In an effort to promote the use of a The foregoing rule change has become Pursuant to Section 19(b)(1) of the streamlined and efficient process for effective pursuant to Section Securities Exchange Act of 1934 making elections regarding corporate 19(b)(3)(A)(iii) of the Act 8 and Rule (‘‘Act’’),1 notice is hereby given that on action events, DTC proposes updating 19b–4(f)(4) 9 thereunder because the April 29, 2010, The Depository Trust its Procedures to reflect that Participants proposed rule change effects a change in Company (‘‘DTC’’) filed with the may use the PTOP function to facilitate an existing service of a registered Securities and Exchange Commission the processing of corporate action clearing agency that: (i) Does not 6 (‘‘Commission’’) the proposed rule events that DTC deems appropriate. adversely affect the safeguarding of change as described in Items I, II, and Because of the large number of securities or funds in the custody or III below, which Items have been corporate action events in which control of the clearing agency or for prepared primarily by DTC. DTC filed Participants may make elections, DTC which it is responsible and (ii) does not the proposal pursuant to Section believes the ability to process such significantly affect the respective rights 19(b)(3)(A)(iii) of the Act 2 and Rule events through the PTOP function or obligations of the clearing agency or 19b–4(f)(4) 3 thereunder so that the would provide Participants with the persons using the service. At any time proposal was effective upon filing with within sixty days of the filing of such 4 The Commission has modified the text of the rule change, the Commission may the Commission. The Commission is summaries prepared by DTC. publishing this notice to solicit 5 Generally, this information is distributed summarily abrogate such rule change if comments on the proposed rule change through the Participant Tender Offer Program it appears to the Commission that such from interested persons. Function (‘‘PTOP’’) or the Reorganization Inquiry for action is necessary or appropriate in the Participants (‘‘RIPS’’) function of the Participant public interest, for the protection of Terminal System (‘‘PTS’’). 8 17 CFR 200.30–3(a)(12). 6 The proposed changes to DTC’s Procedures can 1 15 U.S.C. 78s(b)(1). be found in Exhibit 5 to proposed rule change SR– 7 15 U.S.C. 78q–1. 2 15 U.S.C. 78s(b)(3)(A)(iii). DTC–2010–08 at http://www.dtcc.com/downloads/ 8 15 U.S.C. 78s(b)(3)(A)(iii). 3 17 CFR 240.19b–4(f)(4). legal/rule_filings/2010/dtc/2010-08.pdf. 9 17 CFR 240.19b–4(f)(4).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29375

investors, or otherwise in furtherance of SR–DTC–2010–08 and should be The text of the proposed Certificate of the purposes of the Act. submitted on or before June 15, 2010. Incorporation of CBOE Holdings, the proposed Bylaws of CBOE Holdings, the IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated proposed amendments to C2’s Interested persons are invited to authority.10 Certificate of Incorporation, the submit written data, views and Florence E. Harmon, proposed amendments to C2’s Bylaws, arguments concerning the foregoing, Deputy Secretary. the proposed amendments to C2’s Rules, including whether the proposed rule [FR Doc. 2010–12508 Filed 5–24–10; 8:45 am] and the proposed Voting Agreement between CBOE Holdings and C2 are change is consistent with the Act. BILLING CODE 8010–01–P Comments may be submitted by any of available on C2’s Web site (http:// the following methods: www.cboe.org/Legal), on the Commission’s Web site at http:// Electronic Comments SECURITIES AND EXCHANGE COMMISSION www.sec.gov, at C2’s Office of the • Electronic comments may be Secretary, and at the Commission’s [Release No. 34–62118; File No. SR–C2– Public Reference Room.5 submitted by using the Commission’s 2010–002] Internet comment form (http:// II. Self-Regulatory Organization’s www.sec.gov/rules/sro.shtml), or Self-Regulatory Organizations; C2 Statement of the Purpose of, and • Send an e-mail to rule- Options Exchange, Incorporated; Statutory Basis for, the Proposed Rule [email protected]. Please include File Notice of Filing of a Proposed Rule Change No. SR–DTC–2010–04 on the subject Change Relating to Corporate In its filing with the Commission, C2 line. Structure included statements concerning the Paper Comments May 18, 2010. purpose of and basis for the proposed Pursuant to Section 19(b)(1) of the rule change and discussed any • Send paper comments in triplicate Securities Exchange Act of 1934 (the comments it received on the proposed to Elizabeth M. Murphy, Secretary, ‘‘Act’’ or ‘‘Exchange Act’’),1 and Rule rule change. The text of these statements Securities and Exchange Commission, 19b–4 thereunder,2 notice is hereby may be examined at the places specified 100 F Street, NE., Washington, DC given that on May 14, 2010, C2 Options in Item IV below. C2 has prepared 20549–1090. Exchange, Incorporated (‘‘C2’’) filed with summaries, set forth in Sections A, B, All submissions should refer to File the Securities and Exchange and C below, of the most significant Number SR–DTC–2010–08. This file Commission (the ‘‘Commission’’ or aspects of such statements. number should be included on the ‘‘SEC’’) the proposed rule change as A. Self-Regulatory Organization’s subject line if e-mail is used. To help the described in Items I, II, and III below, Statement of the Purpose of, and the Commission process and review your which Items have been prepared by C2. Statutory Basis for, the Proposed Rule comments more efficiently, please use The Commission is publishing this Change only one method. The Commission will notice to solicit comments on the post all comments on the Commission’s proposed rule change from interested 1. Purpose Internet Web site (http://www.sec.gov/ persons. (1) The Restructuring Transaction rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s C2 is filing this proposed rule change submission, all subsequent in connection with the plan of its parent amendments, all written statements Statement of the Terms of Substance of the Proposed Rule Change company CBOE to restructure from a with respect to the proposed rule Delaware non-stock corporation owned C2, a wholly-owned subsidiary of change that are filed with the by its members to a Delaware stock Chicago Board Options Exchange, Commission, and all written corporation that will be a wholly-owned Incorporated (‘‘CBOE’’), is filing this communications relating to the subsidiary of CBOE Holdings, a holding proposed rule change with the proposed rule change between the company organized as a Delaware stock Commission and any person, other than Commission under Section 19(b)(1) of corporation.6 After the Restructuring those that may be withheld from the the Act in connection with the plan of Transaction, the owners of membership public in accordance with the CBOE to restructure from a Delaware non-stock corporation to a Delaware provisions of 5 U.S.C. 552, will be Commission has noticed the CBOE Demutualization available for Web site viewing and stock corporation that will be a wholly- Filing for comment, and has not received any printing in the Commission’s Public owned subsidiary of CBOE Holdings, comments on it. See Exchange Act Release No. Reference Section, 100 F Street, NE., Inc. (‘‘CBOE Holdings’’), a holding 58425 (Aug. 26, 2008), 73 FR 51652 (Sept. 4, 2008) company organized as a Delaware stock (File No. SR–CBOE–2008–88). Washington, DC 20549, on official 5 3 The CBOE Demutualization Filing also includes business days between the hours of 10 corporation. As a result of this the proposed Certificate of Incorporation and a.m. and 3 p.m. Copies of such filings Restructuring Transaction, C2 will Bylaws of CBOE Holdings, as well as the proposed also will be available for inspection and become a wholly-owned subsidiary Certificate of Incorporation of CBOE, the proposed copying at the principal office of DTC CBOE Holdings.4 Bylaws of CBOE, the proposed amendments to the Rules of CBOE, and the proposed Voting Agreement and on DTC’s Web site at http:// between CBOE Holdings and CBOE. C2 notes that 10 www.dtcc.com/downloads/legal/ 17 CFR 200.30–3(a)(12). this rule filing includes and contains descriptions rule_filings/2010/dtc/2010-08.pdf. All 1 15 U.S.C. 78s(b)(1). of the most recent versions of the proposed 2 comments received will be posted 17 CFR 240.19b–4. Certificate of Incorporation and Bylaws of CBOE 3 15 U.S.C. 78s(b)(1). Holdings. without change; the Commission does 4 The term ‘‘Restructuring Transaction’’ is defined 6 C2 was recently registered as a national not edit personal identifying in proposed CBOE Rule 1.1(hhh) in the proposed securities exchange under Section 6 of the information from submissions. You rule change to effectuate the demutualization of Exchange Act. See Exchange Act Release No. 61152 should submit only information that CBOE (the ‘‘CBOE Demutualization Filing’’) as ‘‘the (Dec. 10, 2009), 74 FR 66699 (Dec. 16, 2009). When restructuring of the Exchange from a non-stock operational, C2 will operate an all-electronic you wish to make available publicly. All corporation to a stock corporation and wholly- marketplace for the trading of listed options. It will submissions should refer to file number owned subsidiary of CBOE Holdings, Inc.’’ The not maintain a physical trading floor.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29376 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

interests in CBOE will become 11 and 23 directors, the exact number to provided by the General Corporation stockholders of CBOE Holdings through be fixed by the CBOE Holdings Board Law of the State of Delaware or the the conversion of their memberships from time to time pursuant to resolution Certificate of Incorporation or Bylaws of into shares of common stock of CBOE adopted by the Board.9 It is intended CBOE Holdings.16 At each annual Holdings. In addition, members of the that the initial CBOE Holdings Board meeting of the shareholders of CBOE settlement class in the lawsuit brought following the Restructuring Transaction Holdings at which a quorum is present, by The Board of Trade of the City of will be composed of the 22 individuals the individuals receiving a plurality of Chicago, Inc., its parent company CME that are the directors of CBOE the votes cast will be elected directors Group, Inc. and a class of individuals immediately prior to the Restructuring of CBOE Holdings.17 (collectively, the ‘‘CBOT Parties’’) Transaction. At all times at least two- against CBOE and CBOE’s Board of thirds of the CBOE Holdings directors (B) Committees of CBOE Holdings Directors will become stockholders of will satisfy the independence CBOE Holdings will have an CBOE Holdings.7 requirements adopted by the CBOE Executive Committee, an Audit As noted above, C2 currently is a Holdings Board, as may be modified and Committee, a Compensation Committee, wholly-owned subsidiary of CBOE. In amended by the Board from time to a Nominating and Governance connection with the Restructuring time, and which shall satisfy the Committee, as well as such other Transaction, CBOE will dividend up to independence requirements contained CBOE Holdings all of the shares of C2. committees that the CBOE Holdings in the listing standards of NYSE or The 18 As a result of the Restructuring Nasdaq Stock Market.10 Board establishes. The Nominating Transaction, CBOE Holdings will hold The CBOE Holdings Board will and Governance Committee will consist all of the outstanding common stock of appoint one of the directors on the of at least five directors, all of whom C2 and CBOE, as well as certain CBOE Holdings Board to serve as will be Independent Directors and be subsidiaries of CBOE. C2 and CBOE will Chairman of the CBOE Holdings recommended by the Nominating and continue to function as self-regulatory Board.11 The CBOE Holdings Bylaws do Governance Committee for approval by 19 organizations (‘‘SROs’’) and to operate not restrict the Chief Executive Officer the CBOE Holdings Board. Members their exchange businesses and facilities. of CBOE Holdings from serving in this of the Executive, Audit, and role.12 The CBOE Holdings Board also Compensation Committees of CBOE (2) CBOE Holdings may appoint an independent director to Holdings will be recommended by the After the Restructuring Transaction, serve as Lead Director, who will Nominating and Governance Committee CBOE Holdings will be the parent perform such duties and possess such for approval by the CBOE Holdings company and sole shareholder of C2 powers as the CBOE Holdings Board Board.20 and CBOE. The Certificate of may from time to time prescribe.13 All The Executive Committee will have Incorporation and the Bylaws of CBOE CBOE Holdings directors will serve one- and may exercise all the powers and Holdings will govern the activities of year terms.14 There is no limit on the authority of the CBOE Holdings Board CBOE Holdings.8 number of terms a director may serve on in the management of the business and (A) CBOE Holdings Board of Directors the CBOE Holdings Board. affairs of CBOE Holdings, except it will The CBOE Holdings Board or a not have the power or authority of the The business and affairs of CBOE committee thereof each year will CBOE Holdings Board in reference to, Holdings will be managed by or under nominate CBOE Holdings director among other things, amending the CBOE the direction of its Board of Directors candidates for election at the CBOE Holdings Certificate of Incorporation, (‘‘CBOE Holdings Board’’). The CBOE Holdings annual meeting of adopting an agreement of merger or Holdings Board will consist of between shareholders.15 In this regard, the consolidation, approving the sale, lease Nominating and Governance or exchange of all or substantially all of 7 CME Group Inc. et al. v. CBOE Inc. et al., Civil Committee, which is described below, the CBOE Holdings’ property and assets, Action No. 2369–VCN (Filed Aug. 23, 2006). CBOE will nominate candidates for the CBOE entered into a Stipulation of Settlement or approving the dissolution of CBOE (‘‘Stipulation’’) on August 20, 2008 with the CBOT Holdings Board. Each holder of CBOE Holdings or a revocation of a Parties to resolve this lawsuit. The Stipulation and Holdings voting stock will be entitled to amendments to it can be found at (http:// one vote for each share of voting stock 16 www.cboe.org/Legal/). See proposed Article 2.8 of the CBOE Holdings he or she holds, except as otherwise Bylaws. 8 While certain provisions of the Certificate of 17 Incorporation and Bylaws for CBOE Holdings are See proposed Article 2.10 of the CBOE 9 not related to the operation of C2 or CBOE, for so See proposed Article Seventh(b) of the CBOE Holdings Bylaws. Except as otherwise provided by long as CBOE Holdings controls any Regulated Holdings Certificate of Incorporation and proposed law or the Certificate of Incorporation or Bylaws of Securities Exchange Subsidiary (currently, C2 and Article 3.2 of the CBOE Holdings Bylaws. CBOE Holdings, the holders of a majority in voting 10 CBOE), before any amendment, alteration or repeal See proposed Article 3.3 of the CBOE Holdings power of the shares of the capital stock of CBOE of any provision of the Certificate of Incorporation Bylaws. Holdings issued and outstanding and entitled to and Bylaws of CBOE Holdings becomes effective, 11 See proposed Article 3.6 of the CBOE Holdings vote at the meeting (after taking into account the such amendment, alteration or repeal will be Bylaws. effect of any reduction of the number of shares submitted to the Board of Directors of each 12 See proposed Article 5.1 of the CBOE Holdings entitled to vote as a result of the voting limitations Regulated Securities Exchange Subsidiary, and if Bylaws. imposed by Article Sixth of the Certificate of such amendment, alteration or repeal must be filed 13 See proposed Article 3.7 of the CBOE Holdings Incorporation of CBOE Holdings, if any), present in with or filed with and approved by the Bylaws. person or represented by proxy, will constitute a Commission, then such amendment, alteration or 14 See proposed Article 3.2 of the CBOE Holdings quorum for the transaction of business. See repeal will not become effective until filed with or Bylaws. Directors will serve one-year terms ending proposed Article 2.6 of the CBOE Holdings Bylaws. filed with and approved by the Commission, as the on the annual meeting following the meeting at The voting limitations in Article Sixth are case may be. See proposed Article Eleventh of the which such directors were elected or at such time discussed below. CBOE Holdings Certificate of Incorporation and as their successors are elected or appointed and 18 See proposed Article 4.1 of the CBOE Holdings proposed Article 10.2 of the CBOE Holdings qualified, except in the event of earlier death, Bylaws. The CBOE Holdings Board will designate Bylaws. The term ‘‘Regulated Securities Exchange resignation or removal. the members of these other committees and may Subsidiary’’ is defined as ‘‘any national securities 15 See proposed Article 2.11 of the CBOE designate a Chairman and a Vice-Chairman thereof. exchange controlled, directly or indirectly, by Holdings Bylaws. Subject to certain conditions, 19 See proposed Article 4.5 of the CBOE Holdings [CBOE Holdings], including, but not limited to stockholders also have the right under this Bylaws. CBOE.’’ See proposed Article Fifth(a) of the CBOE provision to nominate persons for the CBOE 20 See proposed Articles 4.2, 4.3 and 4.4 of the Holdings Certificate of Incorporation. Holdings Board. CBOE Holdings Bylaws.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29377

dissolution.21 The Audit, Ownership any matter by virtue of agreements Compensation, and Nominating and • No person (either alone or together entered into by that person or those Governance Committees will have such with its Related Persons) may Related Persons with other persons not duties and may exercise such authority beneficially own directly or indirectly to vote shares of outstanding stock; as may be prescribed by the CBOE shares of stock representing in the provided, that, in the event a public Holdings Board and their respective aggregate more than 10% of the total offering of common stock is completed, Charters as adopted by resolution of the outstanding shares of CBOE Holdings the voting percentage that any person is 22 CBOE Holdings Board. stock; provided, that, in the event a permitted to control, whether through (C) Officers of CBOE Holdings public offering of common stock is beneficial ownership or other completed, the ownership percentage The officers of CBOE Holdings will be agreement, will increase from 10% to that a person is permitted to beneficially the Chief Executive Officer, a Chief 20% of the total number of votes own will increase from 10% to 20% of 30 Financial Officer, a President, one or entitled to be cast on any matter; and the total outstanding shares of CBOE more Vice-Presidents (the number • Holdings stock; 28 and In the event that a person, either thereof to be determined by the CBOE • In the event that a person, either alone or together with its Related Holdings Board), a Secretary, a alone or together with its Related Persons, is entitled to vote or cause the Treasurer, and such other officers as the Persons, beneficially owns shares of voting of shares representing in the CBOE Holdings Board may determine, stock representing more than 10% of the aggregate more than 10% (or, in the including an Assistant Secretary or event that a public offering of common 23 outstanding shares of stock (or, in the Assistant Treasurer. The CBOE event that a public offering of common stock has been completed, 20%) of the Holdings Board by an affirmative vote of stock has been completed, 20% of the total number of votes entitled to be cast the majority of the board will appoint outstanding shares of stock), CBOE on any matter (including if it and its the Chief Executive Officer of CBOE Holdings will be obligated to redeem Related Persons possess this voting Holdings, who will have general charge promptly, at a price equal to the par and supervision of the business of the power by virtue of agreements entered value of such shares of stock and to the CBOE Holdings.24 In general, the other into with other persons not to vote extent that funds are legally available officers of CBOE Holdings will have the shares of stock), then such person, for such redemption, that number of duties or powers or both set out in the either alone or together with its Related shares of stock necessary so that such CBOE Holdings Bylaws, as well as such Persons, will not be entitled to vote or person, together with its Related other duties or powers or both as the cause the voting of these shares of stock Persons, will beneficially own directly CBOE Holdings Board or the Chief to the extent that such shares represent or indirectly shares of stock Executive Officer may from time to time in the aggregate more than 10% (or, in representing in the aggregate no more prescribe.25 the event that a public offering of than 10% of the outstanding shares of common stock has been completed, (D) Shareholder Restrictions stock (or, in the event that a public 20%) of the total number of votes In addition to the restrictions on the offering of common stock has been completed, 20% of the outstanding entitled to be cast on any matter, and ability of certain CBOE Holdings any such votes purported to be cast in stockholders to transfer their shares shares of stock), after taking into account that such repurchased shares excess of this percentage will be prior to and after an initial public disregarded.31 offering if such an offering were to will become treasury shares and will no occur, the Certificate of Incorporation of longer be deemed to be outstanding.29 The CBOE Holdings Board of CBOE Holdings places certain Voting Directors may waive the provisions regarding ownership and voting limits ownership and voting limits on the • holders of CBOE Holdings stock and No person (either alone or together by a resolution expressly permitting with its Related Persons) will be entitled their Related Persons.26 These ownership or voting rights in excess of to vote or cause the voting of shares of restrictions are intended to address the such limits (which resolution must be stock beneficially owned directly or possibility that a person holding a filed with and approved by the SEC indirectly by that person or those controlling interest in an SRO could use Related Persons to the extent that those that interest to affect the SRO’s 30 shares would represent in the aggregate See proposed Article Sixth(a) of the CBOE regulatory responsibilities under the Holdings Certificate of Incorporation. The voting more than 10% of the total number of Exchange Act.27 In particular, these limitation does not apply to a solicitation of a votes entitled to be cast on any matter, revocable proxy by any CBOE Holdings stockholder restrictions provide that: and no person (either alone or together on behalf of CBOE Holdings or by directors or with its Related Persons) will be entitled officers of CBOE Holdings on behalf of CBOE 21 See proposed Article 4.2 of the CBOE Holdings Holdings or to a solicitation of a revocable proxy Bylaws. to vote more than 10% of the total by a stockholder in accordance with Regulation 14A 22 See proposed Articles 4.3, 4.4 and 4.5 of the number of votes entitled to be cast on under the Exchange Act. 17 CFR 240.14A. This CBOE Holdings Bylaws. exception, however, would not apply to a 23 See proposed Article 5.1 of the CBOE Holdings Exchange Act Release No. 50699 (Nov. 18, 2004), solicitation by a stockholder pursuant to Rule 14a– Bylaws. 69 FR 71126 (Dec. 8, 2004). 2(b)(2) under the Exchange Act, which permits a 24 See proposed Articles 5.1 and 5.2 of the CBOE 28 See proposed Article Sixth(b) of the CBOE solicitation made otherwise than on behalf of CBOE Holdings Bylaws. Holdings Certificate of Incorporation. Holdings where the total number of persons 25 See proposed Articles 5.3, 5.4, 5.5, 5.6 and 5.7 29 See proposed Article Sixth(b) of the CBOE solicited is not more than 10. of the CBOE Holdings Bylaws. Holdings Certificate of Incorporation. If and to the 31 See proposed Article Sixth(a) of the CBOE 26 The term ‘‘Related Person’’ is defined in extent that shares of CBOE Holdings stock Holdings Certificate of Incorporation. If and to the proposed Article Fifth(a) of the CBOE Holdings beneficially owned by any person or its Related extent that shares of CBOE Holdings stock Certificate of Incorporation and includes, among Persons are held of record by any other person, this beneficially owned by any person or its Related other things, any ‘‘person associated with a provision will be enforced against such record Persons are held of record by any other person, this member’’ (as such term is defined in Section owner by requiring the redemption of shares of provision will be enforced against such record 3(a)(21) of the Exchange Act). CBOE Holdings stock held by such record owner in owner by limiting the votes entitled to be cast by 27 In 2004, the Commission proposed rules that a manner that will accomplish the ownership such record owner in a manner that will were designed to address conflicts of interest limitation applicable to such person and its Related accomplish the voting limitation applicable to such relating to for-profit SROs. See, e.g., Securities Persons. person and its Related Persons.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29378 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

prior to being effective), subject to a stockholder beneficially owns, as well contained in the books and records of determination of the Board that: 32 as any other information relating to the any Regulated Securities Exchange • The acquisition of beneficial applicability to such stockholder of the Subsidiary that comes into the ownership in excess of the ownership voting and ownership requirements possession of CBOE Holdings will: (1) limits or the exercise of voting rights in outlined above as may reasonably be Not be made available to any persons excess of the voting limits will not requested.35 other than to those officers, directors, impair the ability of CBOE Holdings and CBOE has received a legal opinion employees and agents of CBOE Holdings any Regulated Securities Exchange that the foregoing ownership and voting that have a reasonable need to know the Subsidiary to discharge their rights limitations, as well as the contents thereof; (2) be retained in responsibilities under the Exchange Act provisions providing for the redemption confidence by CBOE Holdings and the and the rules and regulations under the of shares held by a person (either alone officers, directors, employees and agents Exchange Act and is otherwise in the or together with its Related Persons) in of CBOE Holdings; and (3) not be used best interests of CBOE Holdings and its excess of the ownership limitation, are for any commercial purposes.38 The stockholders and the Regulated valid under Delaware law. CBOE Holdings Certificate of Securities Exchange Subsidiaries; Incorporation also provides that for so • The acquisition of beneficial (E) Self-Regulatory Function and long as CBOE Holdings controls any ownership in excess of the ownership Oversight Regulated Securities Exchange limits or the exercise of voting rights in The CBOE Holdings Certificate of Subsidiary, the books, records, excess of the voting limits will not Incorporation contains various premises, officers, directors and impair the SEC’s ability to enforce the provisions designed to protect the employees of CBOE Holdings will be Exchange Act; independence of the self-regulatory deemed to be the books, records, • Neither the person obtaining the function of any Regulated Securities premises, officers, directors and waiver nor any of its Related Persons is Exchange Subsidiary (currently, C2 and employees of the Regulated Securities subject to any statutory disqualification CBOE) and to make clear the Exchange Subsidiary for purposes of (as defined in Section 3(a)(39) of the Commission’s and each Regulated and subject to oversight pursuant to the Exchange Act) if such person is seeking Securities Exchange Subsidiary’s Act, but only to the extent that such to obtain a waiver above the applicable jurisdiction with respect to CBOE books, records, premises, officers, ownership or voting percentage level; 33 Holdings. For example, pursuant to the directors and employees of CBOE and CBOE Holdings Certificate of Holdings relate to the exchange business • For so long as CBOE Holdings Incorporation, for so long as CBOE of such Regulated Securities Exchange directly or indirectly controls any Holdings controls any Regulated Subsidiary.39 Regulated Securities Exchange Securities Exchange Subsidiary, each Further, the CBOE Holdings Subsidiary, neither the person obtaining officer, director and employee of CBOE Certificate of Incorporation provides the waiver nor any of its Related Holdings must give due regard to the that CBOE Holdings will take reasonable Persons is a Trading Permit Holder in preservation of the independence of the steps necessary to cause its directors, any Regulated Securities Exchange self-regulatory function of the Regulated officers and employees, prior to Subsidiary if such person is seeking to Securities Exchange Subsidiaries and to accepting such a position with CBOE obtain a waiver above the applicable their obligations under the Exchange Holdings, to consent in writing to the ownership or voting percentage level. Act.36 In addition, such officers, applicability to them of Article In making these determinations, the directors and employees are specifically Fourteenth, Article Fifteenth and CBOE Holdings Board may impose prohibited from taking any actions that Sections (c) and (d) of Article Sixteenth conditions and restrictions on the they reasonably should have known of the CBOE Holdings Certificate of relevant stockholder and its Related would interfere with the effectuation of Incorporation, as applicable, with Persons that it deems necessary, any decisions by the Board of Directors respect to their activities related to any appropriate or desirable in furtherance of any Regulated Securities Exchange of the Regulated Securities Exchange of the objectives of the Exchange Act Subsidiary relating to such Regulated Subsidiaries.40 In addition, CBOE and the governance of CBOE Securities Exchange Subsidiary’s Holdings will take reasonable steps Holdings.34 regulatory functions, including necessary to cause its agents, prior to The CBOE Holdings Certificate of disciplinary matters, or would adversely Incorporation also provides that the affect the Regulated Securities Exchange 38 Notwithstanding this restriction, nothing in the CBOE Holdings Certificate of Incorporation will be CBOE Holdings Board has the right to Subsidiary’s ability to carry out its interpreted so as to limit or impede the rights of the require any person and its Related responsibilities under the Exchange SEC or any Regulated Securities Exchange Persons that the Board reasonably Act.37 Subsidiary to access and examine such confidential believes (i) to be subject to the The CBOE Holdings Certificate of information pursuant to the Federal securities laws and the rules and regulations thereunder, or to limit ownership or voting restrictions Incorporation also contains a specific or impede the ability of any officers, directors, summarized above, or (ii) to beneficially requirement that to the fullest extent employees or agents of CBOE Holdings to disclose own an aggregate of 5% or more of the permitted by applicable law, all such confidential information to the SEC or any then outstanding shares of CBOE confidential information pertaining to Regulated Securities Exchange Subsidiary. See proposed Article Fifteenth of the CBOE Holdings Holdings stock entitled to vote on any the self-regulatory function of Regulated Certificate of Incorporation. matter, which ownership has not been Securities Exchange Subsidiaries 39 The books and records related to the exchange reported to CBOE Holdings, to provide (including but not limited to business of a Regulated Securities Exchange to CBOE Holdings complete information disciplinary matters, trading data, Subsidiary will be subject at all times to inspection as to all shares of the stock that such and copying by the SEC and the Regulated trading practices and audit information) Securities Exchange Subsidiary. Id. In addition, the CBOE Holdings Bylaws provide that the books of 32 See proposed Articles Sixth(a) and (b) of the 35 See proposed Article Sixth(d) of the CBOE CBOE Holdings must be kept within the United CBOE Holdings Certificate of Incorporation. Holdings Certificate of Incorporation. States. See proposed Section 1.3 of the CBOE 33 15 U.S.C. 78c(a)(39). 36 See proposed Article Sixteenth(c) of the CBOE Holdings Bylaws. 34 See proposed Articles Sixth(a) and (b) of the Holdings Certificate of Incorporation. 40 See proposed Article Sixteenth(b) of the CBOE CBOE Holdings Certificate of Incorporation. 37 Id. Holdings Certificate of Incorporation.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29379

accepting such a position with CBOE Subsidiary’s ability to carry out its second sentence of the first paragraph of Holdings, to be subject to the provisions responsibilities under the Exchange Section 3.1 of the C2 Bylaws, which of Article Fourteenth, Article Fifteenth Act.44 provides that ‘‘[t]he Board shall initially and Sections (c) and (d) of Article consist of 23 directors, including the (3) C2 Sixteenth of the CBOE Holdings Chief Executive Officer, twelve Non- Certificate of Incorporation, as CBOE Holdings will become the Industry Directors and ten Industry applicable, with respect to their parent company and sole shareholder of Directors,’’ because the initial Board of activities related to any of the Regulated C2 (and CBOE) in connection the Directors of C2 (‘‘C2 Board’’) has already Securities Exchange Subsidiaries. demutualization of CBOE. C2 (and been appointed.46 Similarly, C2 is The CBOE Holdings Certificate of CBOE), and not CBOE Holdings, will proposing to delete a reference in the Incorporation also provides that CBOE continue to be the entities registered as last sentence of the first paragraph Holdings, its directors, officers, agents national securities exchanges under regarding the initial C2 Board because and employees, irrevocably submit to Section 6 of the Exchange Act. that Board has already been appointed. the jurisdiction of the U.S. Federal C2 is proposing to amend the sixth (A) C2 Certificate of Incorporation and courts, the SEC, and the Regulated paragraph of Section 3.1 of the C2 Securities Exchange Subsidiaries, for Bylaws Bylaws to provide that all directors of the purposes of any suit, action or The Commission recently approved the C2 Board will serve one-year proceeding pursuant to U.S. Federal C2’s Certificate of Incorporation and terms.47 Previously, the C2 directors securities laws or the rules or Bylaws, which are modeled after the were divided into two classes, with each regulations thereunder, commenced or proposed Certificate of Incorporation class serving staggered two-year terms. initiated by the SEC arising out of, or and Bylaws for CBOE after it C2 is proposing to make this change relating to, the Regulated Securities demutualizes and becomes a wholly- because CBOE has decided to convert Exchange Subsidiaries’ activities.41 owned subsidiary of CBOE Holdings.45 all of the terms of the directors of CBOE Further, the Certificate of Incorporation Accordingly, C2 is not proposing any Holdings and CBOE to one-year terms provides that CBOE Holdings, its significant changes to its Certificate of after the demutualization. Similarly, C2 directors, officers, agents and Incorporation and Bylaws. Rather, C2 is is proposing to amend the fifth employees, waive, and agree not to proposing to make certain changes to paragraph of Section 3.2 of the C2 assert by way of motion, as a defense or C2’s Certificate of Incorporation to effect Bylaws to remove a reference to electing otherwise in any such suit, action or the change of ownership of C2 from a class of directors because C2 will no proceeding, any claims that they are not CBOE to CBOE Holdings, to clarify longer have different classes of personally subject to the jurisdiction of certain aspects of C2’s Bylaws as a result directors. the U.S. Federal courts, the SEC, and the of this transfer of ownership, and to C2 is proposing to amend paragraph Regulated Securities Exchange make certain ministerial changes to C2’s (c) of Section 3.4 of the C2 Bylaws to Subsidiaries, that the suit, action or Certificate of Incorporation and Bylaws. clarify that Representative Directors (as proceeding is an inconvenient forum or With respect to C2’s Certificate of opposed to any Director) can be that the venue of the suit, action or Incorporation, C2 is proposing to amend removed for cause, which will include, proceeding is improper, or that the Article Fourth of the certificate to but not be limited to (i) a breach of a subject matter thereof may not be transfer the ownership of all of the Representative Director’s duty of loyalty enforced in or by such courts or common stock of C2 from CBOE to to C2 or its stockholders, (ii) acts or agency.42 CBOE Holdings. As required in Article omissions not in good faith or which In addition, the CBOE Holdings Fourth, C2 is seeking in this proposed involve intentional misconduct or a Certificate of Incorporation (and rule change Commission approval for knowing violation of law, (iii) Bylaws) provide that, before any this transfer of ownership of C2 from transactions from which a amendment or repeal of any provision CBOE to CBOE Holdings. C2 also is Representative Director derived an of the Certificate of Incorporation and amending Article Fourth to require improper personal benefit, or (iv) a Bylaws of CBOE Holdings becomes Commission approval if CBOE Holdings failure of a Representative Director to be effective, such amendment or repeal sells, transfers or assigns any shares of free from a statutory disqualification (as will be submitted to the Board of C2 common stock. In addition, C2 is defined in Section 3(a)(39) of the Act).48 Directors of each Regulated Securities proposing to delete Article Twelfth of C2 is further amending this paragraph to Exchange Subsidiary, and if such the C2 Certificate of Incorporation provide that any Representative Director amendment or repeal must be filed with because it is no longer necessary. This or filed with and approved by the provision lists the incorporator of C2 46 C2 also is changing the reference to the ‘‘Board of the Corporation’’ in that sentence to the ‘‘Board.’’ Commission, then such amendment or and provides that once C2’s Certificate repeal will not become effective until 47 C2 also is proposing to amend this paragraph of Incorporation is filed in Delaware, C2 to clarify that C2 directors can be replaced if they filed with or filed with and approved by is required to appoint its initial Board become disqualified (e.g., a ‘‘Non-Industry Director’’ 43 the Commission, as the case may be. of Directors, which is required to be becomes an ‘‘Industry Director’’). Similarly, C2 is The CBOE Holdings Certificate of compromised of the same individuals proposing to amend paragraph (a) of Section 3.5 of Incorporation also contains a provision the C2 Bylaws to clarify that a director elected to then-serving as the Board of Directors of fill a vacancy will not serve until the next annual that requires each director of the Board CBOE. These actions have already been meeting of stockholders if he or she becomes of CBOE Holdings to take into taken, and accordingly, Article Twelfth disqualified. In addition, C2 is proposing to move a reference to ‘‘Representative Directors’’ (described consideration the effect that CBOE is no longer necessary. Holdings’ actions would have on each below) in the first sentence of the seventh With respect to C2’s Bylaws, C2 is paragraph of Section 3.1 of the C2 Bylaws to clarify Regulated Securities Exchange making several clarifying and the intent of that sentence. ministerial changes to them. In 48 At least 20% of the directors on the Board will 41 See proposed Article Fourteenth of the CBOE particular, C2 is proposing to delete the be nominated (or otherwise selected by a petition Holdings Certificate of Incorporation. of C2 Permit Holders) by the Industry-Director 42 Id. Subcommittee of the Nominating and Governance 43 See proposed Article Eleventh of the CBOE 44 See proposed Article Sixteenth(d) of the CBOE Committee (such directors are referred to Holdings Certificate of Incorporation and proposed Holdings Certificate of Incorporation. collectively as the ‘‘Representative Directors’’). See Article 10.2 of the CBOE Holdings Bylaws. 45 See supra note 5. Section 3.2 of the C2 Bylaws.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29380 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

may be removed for cause by the CBOE Rules),50 (2) a CBOE Governance Committee for election as holders of a majority of the shares of ‘‘membership’’ with the term ‘‘CBOE C2 Representative Directors. stock then entitled to be voted at an Trading Permit’’ (or ‘‘Trading Permit’’ in In addition, C2 is adding a provision election of directors.49 C2 is making certain instances where there is a direct in the Voting Agreement to reflect the these changes since it is no longer cross-reference to CBOE Rules),51 and ‘‘for cause’’ removal standard for proposed that C2 have a classified Board (3) a CBOE ‘‘Clearing Member’’ (or Representative Directors in C2’s Bylaws, (this change also will make C2’s Bylaws variations of it) with the term ‘‘Clearing which is discussed above. This consistent in this regard with CBOE’s Trading Permit Holder.’’ 52 C2 is making provision will provide that CBOE post-demutualization Bylaws). these changes to reflect in the C2 Rules Holdings agrees that it will not take C2 is proposing to amend Section 4.6 certain changes that will be made to action to remove any Representative of the C2 Bylaws to provide that the C2 CBOE Rules in connection with the Director of C2 from office at any time Regulatory Oversight Committee will demutualization. unless CBOE Holdings believes there is consist of at least three directors instead C2 also is making a few minor, non- cause to remove such director. For of at least four directors. C2 believes substantive fixes to its Rules. For purposes of this section ‘‘cause’’ will that the Regulatory Oversight example, C2 is replacing references to a include, but not be limited to, (i) a Committee will be able to function just C2 ‘‘member’’ in its Rules with the term breach of a Representative Director’s as effectively with three or more ‘‘Permit Holder’’ or ‘‘Participant’’ (which duty of loyalty to C2 or its stockholders, members as it would with four or more both have the same meaning under C2 (ii) acts or omissions not in good faith members and is proposing this change Rules).53 C2 also is deleting a reference or which involve intentional to provide for greater flexibility in the in C2 Rule 3.3(b) regarding member misconduct or a knowing violation of designation of C2 Board committees. organizations not registered as broker- law, (iii) transactions from which a Representative Director derived an C2 is proposing to amend Section 5.8 dealers because C2 does not have such improper personal benefit, or (iv) a of the C2 Bylaws to modify the organizations (i.e., all Permit Holders of failure of a Representative Director to be responsibilities of the Treasurer of C2. C2 are required to be registered as free from a statutory disqualification (as Specifically, C2 is proposing to delete broker-dealers). In addition, C2 is fixing defined in Section 3(a)(39) of the Act). the second sentence in this section, some of some of the cross-references in which reads ‘‘[i]n addition, the its Rules to CBOE Rules. For instance, 2. Statutory Basis C2 is amending Chapter 15 of its Rules, Treasurer shall perform such duties and For the reasons set forth above, C2 have such powers that are incident to which cross-references Chapter XV of CBOE’s Rules, to provide that references believes that this filing is consistent the office of Treasurer, including with Section 6(b) of the Exchange Act,54 without limitation the duty to keep and to ‘‘Trading Permit Holder’’ (i.e., CBOE Trading Permit Holder) in Chapter XV in general, and furthers the objectives of be responsible for all funds of the 55 of CBOE’s Rules mean ‘‘Participant’’ or Section 6(b)(1) of the Exchange Act, in Corporation,’’ to make this section particular, in that it enables C2 to be so consistent with the Treasurer provision ‘‘Permit Holder’’ for purposes of Chapter 15 of C2’s Rules. organized as to have the capacity to be in CBOE’s proposed post- able to carry out the purposes of the demutualization Bylaws. (C) C2 Voting Agreement With CBOE Exchange Act and to comply, and to (B) C2 Rules C2 currently has in place a Voting enforce compliance by its members and Agreement with CBOE in which CBOE persons associated with its members, Because the C2 Rules use terms from with the provisions of the Exchange Act, and incorporate by reference CBOE agrees to vote in favor of those individuals nominated by C2’s the rules and regulations thereunder, Rules, C2 is proposing to make certain and the rules of C2. C2 also believes that minor, non-substantive changes to its Nominating and Governance Committee for election as C2 Representative this filing furthers the objectives of Rules to reflect the changes that CBOE Section 6(b)(5) of the Exchange Act will make to its Rules in connection Directors. After the demutualization, CBOE Holdings, and not CBOE, will be because the rules summarized herein with the demutualization. In this regard, would create a governance and CBOE is proposing to replace the term the sole stockholder of C2. Accordingly, C2 is proposing to enter into a new regulatory structure that is designed to ‘‘member’’ (or variations of it) with the prevent fraudulent and manipulative term ‘‘Trading Permit Holder’’ (or Voting Agreement with CBOE Holdings that similarly will require CBOE acts and practices, to promote just and variations of it) throughout its Rules in equitable principles of trade, to remove connection with the demutualization. Holding to vote in favor of those individuals nominated by C2’s impediments to, and perfect the Accordingly, C2 is proposing to adopt Nominating and Governance Committee mechanism of a free and open market in C2 Rule 1.1 the term ‘‘CBOE Trading for election as C2 Representative and, in general, to protect investors and Permit,’’ which is defined as a ‘‘Trading Directors. This new agreement will be the public interest.56 Among other Permit’’ as such term is defined in modeled after and virtually identical the things, the Certificate of Incorporation CBOE’s Bylaws and Rules, and the term current CBOE agreement. Accordingly, and Bylaws of CBOE Holdings and C2 ‘‘CBOE Trading Permit Holder,’’ which C2 proposes to change the references in are designed to protect and maintain the is defined as a ‘‘Trading Permit Holder’’ the current CBOE agreement from integrity of the SRO functions of C2, and as such term is defined in CBOE’s ‘‘CBOE’’ to ‘‘Holdings.’’ This will have to allow it to carry out it regulatory Bylaws and Rules. C2 proposes to the effect of requiring CBOE Holdings to responsibilities under the Exchange Act. replace references in its Rules to (1) a vote in favor of those individuals B. Self-Regulatory Organization’s CBOE ‘‘member’’ with the term ‘‘CBOE nominated by C2’s Nominating and Trading Permit Holder’’ (or ‘‘Trading Statement on Burden on Competition ’’ C2 does not believe that the proposed Permit Holder in certain instances 50 See, e.g., proposed C2 Rule 3.1(a) and Chapter where there is a direct cross-reference to 4 of the C2 Rules. rule change will impose any burden on 51 See, e.g., proposed C2 Rule 3.1(c) and Chapter 49 C2 is amending paragraph (b) of Section 3.4 of 16 of the C2 Rules. 54 15 U.S.C. 78f(b). the Bylaws to replace a reference to ‘‘SEC’’ with 52 See, e.g., proposed Chapter 11 of the C2 Rules. 55 15 U.S.C. 78f(b)(1). ‘‘Securities and Exchange Commission (‘‘SEC’’).’’ 53 See, e.g., proposed C2 Rules 6.55. 56 15 U.S.C. 78f(b)(5).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29381

competition that is not necessary or submission, all subsequent I. Self-Regulatory Organization’s appropriate in furtherance of the amendments, all written statements Statement of the Terms of Substance of purposes of the Act. with respect to the proposed rule the Proposed Rule Change change that are filed with the C. Self-Regulatory Organization’s The ISE is proposing to amend its Commission, and all written Statement on Comments on the Schedule of Fees to adopt subscription communications relating to the Proposed Rule Change Received From fees for the sale of a new market data proposed rule change between the Members, Participants, or Others offering called the ISE Order Feed. The Commission and any person, other than text of the proposed rule change is No written comments were solicited those that may be withheld from the available on the Exchange’s Web site or received with respect to the proposed public in accordance with the (http://www.ise.com), at the principal rule change. provisions of 5 U.S.C. 552, will be office of the Exchange, and at the III. Date of Effectiveness of the available for Web site viewing and Commission’s Public Reference Room. Proposed Rule Change and Timing for printing in the Commission’s Public II. Self-Regulatory Organization’s Commission Action Reference Room, 100 F Street, NE., Washington, DC 20549, on official Statement of the Purpose of, and Within 35 days of the date of business days between the hours of 10 Statutory Basis for, the Proposed Rule publication of this notice in the Federal a.m. and 3 p.m. Copies of such filing Change Register or within such longer period (i) also will be available for inspection and In its filing with the Commission, the as the Commission may designate up to copying at the principal office of the C2. self-regulatory organization included 90 days of such date if it finds such All comments received will be posted statements concerning the purpose of, longer period to be appropriate and without change; the Commission does and basis for, the proposed rule change publishes its reasons for so finding or not edit personal identifying and discussed any comments it received (ii) as to which the self-regulatory information from submissions. You on the proposed rule change. The text organization consents, the Commission should submit only information that of these statements may be examined at will: you wish to make available publicly. All the places specified in Item IV below. (A) By order approve such proposed submissions should refer to File The self-regulatory organization has rule change, or Number SR–C2–2010–002 and should prepared summaries, set forth in (B) Institute proceedings to determine be submitted on or before June 9, 2010. sections A, B and C below, of the most whether the proposed rule change significant aspects of such statements. should be disapproved. For the Commission, by the Division of The Commission is considering Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s authority.57 granting accelerated approval of the Statement of the Purpose of, and proposed rule change at the end of a 15- Florence E. Harmon, Statutory Basis for, the Proposed Rule day comment period. Deputy Secretary. Change [FR Doc. 2010–12507 Filed 5–24–10; 8:45 am] IV. Solicitation of Comments BILLING CODE 8010–01–P 1. Purpose Interested persons are invited to ISE proposes to amend its Schedule of submit written data, views, and Fees to adopt subscription fees for the arguments concerning the foregoing, SECURITIES AND EXCHANGE sale of the ISE Order Feed. These including whether the proposed rule COMMISSION proposed fee changes will be operative change is consistent with the Act. on July 1, 2010, pending regulatory [Release No. 34–62117; File No. SR–ISE– Comments may be submitted by any of 2010–34] approval. the following methods: The ISE Order Feed provides real- time updates every time a new limit Electronic Comments Self-Regulatory Organizations; order that is not immediately executable • International Securities Exchange, Use the Commission’s Internet LLC; Notice of Filing of Proposed Rule at the best bid/offer (BBO) is placed on comment form (http://www.sec.gov/ Change Relating to Fees for the ISE the ISE order book. This feed does not rules/sro.shtml); or Order Feed include market orders, immediate or • Send an e-mail to rule- cancel (IOC) orders, quotes or any non- [email protected]. Please include File May 18, 2010. displayed interest. Number SR–C2–2010–002 on the Pursuant to Section 19(b)(1) of the While the Options Price Reporting subject line. Securities Exchange Act of 1934 (the Authority (OPRA) feed provides 1 2 Paper Comments ‘‘Act’’), and Rule 19b–4 thereunder, aggregated ISE BBO order information, notice is hereby given that on May 11, the ISE Order Feed provides each • Send paper comments in triplicate 2010, the International Securities individual order. The information to Elizabeth M. Murphy, Secretary, Exchange, LLC (the ‘‘Exchange’’ or the included on the ISE Order Feed Securities and Exchange Commission, ‘‘ISE’’) filed with the Securities and includes the order type (buy/sell), the 100 F Street, NE., Washington, DC Exchange Commission the proposed order price, the order size, and customer 20549–1090. rule change as described in Items I, II, indicator (which reflects whether the All submissions should refer to File and III below, which items have been order is a customer order), as well as Number SR–C2–2010–002. This file prepared by the self-regulatory details for each instrument series, number should be included on the organization. The Commission is including the symbols (series and subject line if e-mail is used. To help the publishing this notice to solicit underlying security), put or call Commission process and review your comments on the proposed rule change indicator, the expiration and the strike comments more efficiently, please use from interested persons. price of the series. only one method. The Commission will The ISE BBO on the OPRA feed post all comments on the Commission’s 57 17 CFR 200.30–3(a)(12). includes all quotes provided by ISE Internet Web site (http://www.sec.gov/ 1 15 U.S.C. 78s(b)(1). market makers and all orders provided rules/sro.shtml). Copies of the 2 17 CFR 240.19b–4. by members which are then aggregated

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29382 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

at the BBO. The ISE Order Feed, on the in general, and with Sections 6(b)(4) of proposal unless it determines that there is a other hand, includes each individual the Act,6 in particular, in that it substantial countervailing basis to find that limit order rather than only the provides for the equitable allocation of the terms nevertheless fail to meet an aggregated volume of all orders. The ISE reasonable dues, fees and other charges applicable requirement of the Exchange Act or the rules thereunder. If, however, the Order Feed does not include quote among members and issuers and other exchange was not subject to significant traffic, which will result in much less persons using any facility or system competitive forces in setting the terms of a data for subscribers to process and less which ISE operates or controls. proposal for non-core data, the Commission bandwidth than feeds that provide The Exchange believes that the will require the exchange to provide a aggregated quotes and orders. proposed rule change is also consistent substantial basis, other than competitive The Exchange currently does not with the provisions of Section 6(b)(5) of forces, in its proposed rule change charge fees for the ISE Order Feed. This the Act,7 in that it is designed to demonstrating that the terms of the proposal are equitable, fair, reasonable, and not market data offering will be made promote just and equitable principles of 10 available to both members and non- trade, to foster cooperation and unreasonably discriminatory. members on a subscription basis. The coordination with persons engaged in This standard begins from the premise Exchange proposes to charge regulating, clearing, settling, processing that no Commission rule requires distributors 3 of the ISE Order Feed (i) information with respect to, and exchanges or market participants either $2,000 per month and will not charge facilitating transactions in securities, to to distribute non-core data to the public distributors a monthly fee per controlled remove impediments to and perfect the or to display non-core data to device 4 as long the ISE Order Feed is for mechanism of a free and open market investors.11 internal use only, (ii) $2,000 per month and a national market system, and, in In its NetCoalition Order the and $10 per external controlled device general, to protect investors and the Commission concluded that ‘‘at least per month (a) if the ISE Order Feed is public interest; and is not designed to two broad types of significant redistributed externally by a subscriber, permit unfair discrimination between competitive forces applied to NYSE or (b) if the ISE Order Feed is customers, issuers, brokers, or dealers, Arca in setting the terms of its proposal redistributed internally and externally. or to regulate by virtue of any authority to distribute the ArcaBook data: (1) For subscribers who redistribute the ISE conferred by the Act matters not related NYSE Arca’s compelling need to attract Order Feed externally, or redistribute to the purposes of the Act or the order flow from market participants; the ISE Order Feed internally and administration of the Exchange. and (2) the availability to market externally, the Exchange proposes to The Exchange believes that the participants of alternatives to limit for any one month the combined proposed rule change is also consistent purchasing the ArcaBook data. The maximum amount of fees payable to with Section 6(b)(8) of the Act 8 in that Commission conducted an exhaustive $2,500. For example, a firm that it does not impose any burden on 14-page review of these two competitive subscribes to the ISE Order Feed and competition not necessary or forces before concluding that the then redistributes it to 40 clients will appropriate in furtherance of the availability of alternatives, as well as the pay $2,400 per month ($2,000 for the purposes of the Act, as set forth in more compelling need to attract order flow, feed and $400 for the controlled device detail below. imposed significant competitive ($10 × 40)). If that same firm In adopting Regulation NMS, the pressure on that exchange’s need to act redistributes the data to 100 clients, the Commission granted self-regulatory equitably, fairly, and reasonably in fee for that firm will be capped at organizations and broker-dealers setting the terms of the fees for its non- $2,500, resulting in a savings of $500. increased authority and flexibility to core data product.12 offer new and unique market data to the The market data provided in the ISE 2. Statutory Basis public. It was believed that this Order Feed is non-core data that is The basis under the Securities authority would expand the amount of governed by the same analysis the Exchange Act of 1934 (the ‘‘Exchange data available to consumers, and also Commission set forth in the Act’’) for this proposed rule change is spur innovation and competition for the NetCoalition Order. As with the NYSE the requirement under Section 6(b)(4), provision of market data. Arca depth-of-book product, no rules that an exchange have an equitable The Commission has recently issued require ISE or any other exchange to allocation of reasonable dues, fees and an order firmly establishing that in offer this data; nor are vendors required other charges among its members and reviewing non-core data products such to purchase or display this data. other persons using its facilities. The as the ISE Order Feed, the Commission Additionally, ISE is constrained by Exchange believes introduction of the will utilize a market-based approach the same two competitive forces in the new product will provide market that relies primarily on competitive options market as the Commission participants with an opportunity to forces to determine the terms on which found was present in the NetCoalition obtain additional data in furtherance of non-core data is made available to Order. First, ISE has a compelling need their investment decisions. investors.9 The Commission adopted a to attract order flow from market The Exchange believes that the two-part test: participants in order to maintain its share of trading volume. This proposed rule change is consistent with The first is to ask whether the exchange 5 compelling need to attract order flow the provisions of Section 6 of the Act, was subject to significant competitive forces in setting the terms of its proposal for non- imposes significant pressure on ISE to 3 A ‘‘distributor’’ is any firm that receives the ISE core data, including the level of any fees. If act reasonably in setting the fees for its Order Feed directly from ISE or indirectly through an exchange was subject to significant market data offerings, particularly given a ‘‘redistributor’’ and then distributes it either competitive forces in setting the terms of a that the market participants that will internally or externally. All distributors will be proposal, the Commission will approve the required by the Exchange to execute an ISE pay such fees often will be the same distributor agreement. ‘‘Redistributors’’ include market data vendors and connectivity providers 6 15 U.S.C. 78f(b)(4). 10 Id. at 48–49. such as extranets and private network providers. 7 15 U.S.C. 78f(b)(5). 11 Id. at 4. 4 A ‘‘controlled device’’ is as any device that a 8 15 U.S.C. 78f(b)(8). 12 Id. at 51–65. The Commission then spent an distributor of the ISE Order Feed permits to access 9 See Securities Exchange Act Release No. 57917 additional 36 pages (65–101) analyzing and refuting the information in the ISE Order Feed. (Dec. 2, 2008) (‘‘NetCoalition Order’’ resolving File comments challenging the Commission’s 5 15 U.S.C. 78f. No. SR–NYSEArca–2006–21). competition analysis.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29383

market participants from whom ISE competitive pressure on the Exchange to Commission process and review your must attract order flow. These market act equitably, fairly, and reasonably in comments more efficiently, please use participants include broker-dealers that setting its fees. only one method. The Commission will control the handling of a large volume post all comments on the Commission’s B. Self-Regulatory Organization’s of customer and proprietary order flow. Internet Web site (http://www.sec.gov/ Statement on Burden on Competition Given the portability of order flow from rules/sro.shtml). Copies of the one exchange to another, any exchange The proposed rule change does not submission,16 all subsequent that sought to charge unreasonably high impose any burden on competition that amendments, all written statements market data fees would risk alienating is not necessary or appropriate in with respect to the proposed rule many of the same customers on whose furtherance of the purposes of the Act. change that are filed with the orders it depends for competitive C. Self-Regulatory Organization’s Commission, and all written survival. Statement on Comments on the communications relating to the Second, the Exchange is constrained Proposed Rule Change Received From proposed rule change between the in pricing the ISE Order Feed by the Members, Participants or Others Commission and any person, other than availability to market participants of those that may be withheld from the alternatives to purchasing ISE’s market The Exchange has not solicited, and public in accordance with the data offerings. ISE must consider the does not intend to solicit, comments on provisions of 5 U.S.C. 552, will be extent to which market participants this proposed rule change. The available for Web site viewing and would choose one or more alternatives Exchange has not received any printing in the Commission’s Public instead of purchasing the exchange’s unsolicited written comments from Reference Room, on official business data. Other exchanges, including some members or other interested parties. days between the hours of 10 a.m. and who may enjoy greater market share III. Date of Effectiveness of the 3 p.m. Copies of the filing also will be than ISE, are potential competitors as Proposed Rule Change and Timing for available for inspection and copying at they too sell similar market data Commission Action the principal office of the Exchange. All offerings that market participants may comments received will be posted choose to purchase instead. For Within 35 days of the date of without change; the Commission does example, NASDAQ OMX PHLX publication of this notice in the Federal not edit personal identifying (‘‘PHLX’’) has filed a proposed rule Register or within such longer period (i) information from submissions. You change to adopt fees for a market data as the Commission may designate up to should submit only information that product that includes a data feed that is 90 days of such date if it finds such you wish to make available publicly. All similar to the ISE Order Feed.13 The longer period to be appropriate and submissions should refer to File PHLX’ Specialized Order Feed, which publishes its reasons for so finding or Number SR–ISE–2010–34 and should be PHLX has proposed to integrate into its (ii) as to which the self-regulatory submitted on or before June 15, 2010. TOPO Plus Orders market data offering, organization consents, the Commission will: For the Commission, by the Division of includes ‘‘real-time information to keep Trading and Markets, pursuant to delegated track of single order book(s).’’ 14 Further, (a) By order approve such proposed authority.17 rule change, or the NetCoalition Order notes that one of Florence E. Harmon, the principal market data reforms (b) Institute proceedings to determine whether the proposed rule change Deputy Secretary. adopted by the Commission was to [FR Doc. 2010–12506 Filed 5–24–10; 8:45 am] authorize the independent distribution should be disapproved. BILLING CODE 8010–01–P of data by broker/dealers. If one or more IV. Solicitation of Comments broker/dealers determine that the cost of subscribing to the ISE Order Feed is too Interested persons are invited to DEPARTMENT OF TRANSPORTATION high, they are entitled to independently submit written data, views, and arguments concerning the foregoing, distribute their own order data and may Office of the Secretary do so with or without charging a fee.15 including whether the proposed rule In the aftermath of the NetCoalition change is consistent with the Act. [Docket No. DOT–OST–2010–0076] Order, the Exchange believes that the Comments may be submitted by any of competition among exchanges for order the following methods: Agency Request for Emergency Approval of an Information Collection flow and the competition among Electronic Comments exchanges for market data products • Use the Commission’s Internet AGENCY: Office of the Secretary (OST), subject ISE’s proposed market data comment form (http://www.sec.gov/ DOT. offerings to significant competitive rules/sro.shtml); or ACTION: Notice and request for forces. In addition, the Exchange • Send an e-mail to rule- comments. believes that no substantial [email protected]. Please include File countervailing basis exists to support a SUMMARY: The Department of Number SR–ISE–2010–34 on the subject finding that the proposed fees fail to Transportation (DOT) provides notice line. meet the requirement of the Act. In sum, that it will submit an information the availability of alternative sources of Paper Comments collection request (ICR) to the Office of Management and Budget (OMB) for information impose significant • Send paper comments in triplicate emergency approval of a proposed competitive pressures on the ISE Order to Elizabeth M. Murphy, Secretary, information collection under the Feed and ISE’s compelling need to Securities and Exchange Commission, Paperwork Reduction Act of 1995 (Pub. attract order flow impose significant 100 F Street, NE., Washington, DC L. 104–13, 44 U.S.C. 3501 et seq.). Upon 20549–1090. 13 See Securities Exchange Act Release No. 61878 All submissions should refer to File (April 8, 2010), 75 FR 20023 (April 16, 2010) (SR– 16 The text of the proposed rule change is PHLX–2010–48). Number SR–ISE–2010–34. This file available on the Commission’s Web site at http:// 14 Id. number should be included on the www.sec.gov/rules/sro.shtml. 15 NetCoalition Order at 63. subject line if e-mail is used. To help the 17 17 CFR 200.30–3(a)(12).

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29384 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

receiving the requested six-month Transportation, Housing and Urban VA 22314 (located across the street from emergency approval by OMB, OST will Development, and Related Agencies the King Street Metrorail Station). follow the normal, 6 month PRA Appropriations Act for 2010 (Div. A of Subject: FMCSA will request that procedures to obtain extended approval the Consolidated Appropriations Act, MCSAC provide information, concepts, for this proposed information collection. 2010 (Pub. L. 111–117, Dec. 16, 2009)) and ideas on ways to prevent distracted This collection involves the National (‘‘FY 2010 Appropriations Act’’) which driving by commercial motor vehicle Infrastructure Investments Grant appropriated $600 million to be operators, with a particular emphasis on Program or ‘‘TIGER II Discretionary awarded for National Infrastructure in-cab technologies and activities. This Grants’’ pursuant to Title I of the Investments or ‘‘TIGER II Discretionary task will assist FMCSA in identifying Transportation, Housing and Urban Grants.’’ Funds for the TIGER II options for addressing driver distraction Development, and Related Agencies Discretionary Grant Program are to be associated with certain in-cab Appropriations Act for 2010 (Div. A of awarded on a competitive basis for technologies. This activity is separate the Consolidated Appropriations Act, projects that will have a significant from FMCSA’s current rulemaking 2010 (Pub. L. 111–117, Dec. 16, 2009)) impact on the Nation, Metropolitan area concerning texting and the Agency’s (‘‘FY 2010 Appropriations Act’’). Title I or a region. forthcoming rulemaking concerning the established a new program for OST to On April 26, 2010, the Department use of wireless telephones. In addition, provide Supplemental Discretionary published an interim notice announcing FMCSA will seek information, and ideas Grants for National Infrastructure the availability of funding for TIGER II for consideration in updating the Investments. OST is referring to these Discretionary Grants, project selection Agency’s Strategic Plan. grants as TIGER II Discretionary Grants criteria, pre-application requirements, FOR FURTHER INFORMATION CONTACT: Ms. which include promoting economic application requirements and the Shannon L. Watson, Senior recovery and supporting projects that deadline for submitting pre-applications Management Analyst, Strategic Planning have a significant impact on the Nation, is no later than July 16, 2010, and final and Program Evaluation Division, Office Metropolitan area or a region. applications no later than August 23, of Policy Plans and Regulation, Federal The information to be collected is 2010. OST will begin accepting grant Motor Carrier Safety Administration, necessary in order to receive and applications on July 30, 2010 through U.S. Department of Transportation, 1200 evaluate applications for grant funds Grants.gov upon approval from OMB. New Jersey Avenue, SE., Washington, DC 20590, (202) 385–2395, or e-mail pursuant to the FY 2010 Appropriations Authority: The Paperwork Reduction Act Act. of 1995; 44 U.S.C. Chapter 35, as amended; [email protected]. The announcement of grant awards and 49 CFR 1:48. SUPPLEMENTARY INFORMATION: may not be made before September 15, 2010, and OST anticipates awarding Roy Kienitz, I. Background grants as soon as possible thereafter. Under Secretary for Transportation Policy. Section 4144 of the Safe, Accountable, Information related to this ICR, [FR Doc. 2010–12513 Filed 5–24–10; 8:45 am] Flexible, Efficient Transportation Equity including applicable supporting BILLING CODE 4910–9X–P Act: A Legacy for Users (SAFETEA–LU) documentation may be obtained by (Pub. L. 109–59, 119 Stat. 1144, August contacting Robert Mariner, Office of the 10, 2005) required the Secretary of Assistant Secretary for Transportation DEPARTMENT OF TRANSPORTATION Transportation to establish a Motor Policy, at (202) 366–8914 or Carrier Safety Advisory Committee. The Federal Motor Carrier Safety [email protected]. committee provides advice and Administration recommendations to the FMCSA DATES: Comments should be submitted as soon as possible upon publication of [Docket No. FMCSA–2010–0143] Administrator on motor carrier safety this notice in the Federal Register. programs and regulations and operates Motor Carrier Safety Advisory in accordance with the Federal Comments and questions should be Committee Public Meeting Advisory Committee Act (5 U.S.C. App directed to the Office of Information and 2). Regulatory Affairs (OIRA), Attn: OST AGENCY: Federal Motor Carrier Safety OMB Desk Officer, 725 17th Street, Administration (FMCSA), DOT. II. Meeting Participation NW., Washington, DC 20503. Comments ACTION: Notice of Motor Carrier Safety Comments from the public will be and questions about the ICR identified Advisory Committee meeting. heard orally during the last hour of each below may be transmitted electronically day’s meeting. To be assured of timely SUMMARY: to OIRA at FMCSA announces that its consideration, interested parties may _ oira [email protected]. Motor Carrier Safety Advisory submit written comments on the subject Committee (MCSAC) will hold a three- SUPPLEMENTARY INFORMATION: topic by Wednesday, June 2, 2010, to day committee meeting concerning OMB Control Number: 2105–New. the Federal Docket Management System Title: National Infrastructure distracted driving by commercial motor (FDMS) in Docket Number FMCSA– Investments. vehicle (CMV) operators, from June 8 2010–0143 using any of the following Form Numbers: None. through June 10, 2010. This meeting is methods: Type of Review: Emergency open to the public. • Federal eRulemaking Portal: Go to information collection request. DATES: Meeting dates: The meeting will http://www.regulations.gov. Follow the Expected Number of Respondents: be held on the following dates: Tuesday, online instructions for submitting 1,500. June 8, from 8:30 a.m. to 5 p.m.; comments. Frequency: One time collection. Wednesday, June 9, from 8:30 a.m. to • Fax: 202–493–2251. Estimated Average Burden per 4:30 p.m.; and Thursday, June 10, 2010, • Mail: Docket Management Facility; Response: 100 hours. from 8:30 a.m. to 3:30 p.m., Eastern U.S. Department of Transportation, 1200 Estimated Total Annual Burden: Standard Time. New Jersey Avenue, SE., West Building, 150,000 hours. Location: Hilton Alexandria Old Room WI2–140, Washington, DC 20590. Abstract: On December 16, 2009, the Town, Washington and Jefferson Rooms, • Hand Delivery: U.S. Department of President of the United States signed the 2nd Floor, 1767 King Street, Alexandria, Transportation, 1200 New Jersey

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29385

Avenue, SE., Room WI2–140, the car. See Title 49 Code of Federal Recommended Action: Due to the Washington, DC, between 9 a.m. and 5 Regulations (CFR) Sections application of nonstandard 10-inch p.m., Monday through Friday, except 231.1(a)(4)(iii) and 231.27(a)(4)(iii), and wide brake steps, the strength of the Federal holidays. Safety Appliance Defect Code vertical hand brake stanchions may Issued on: May 19, 2010. 231.110.B3, requiring hand brake have been compromised on the above- Larry W. Minor, housing to be securely fastened to a car. noted FTTX flatcars. As with the GVSR Associate Administrator for Policy and As a result of this fatality, FRA issued flatcar, there is a potential for cracked Program Development. Safety Advisory 2008–02 stating that vertical stanchions. FRA recommends [FR Doc. 2010–12616 Filed 5–24–10; 8:45 am] additional flatcars may have vertical and has requested that TTX furnish FRA hand brake supports that could be with the following information for the BILLING CODE 4910–EX–P subject to a similar type of failure. FTTX cars involved: Recognizing the need to ensure safety, 1. The number of cars in TTX DEPARTMENT OF TRANSPORTATION FRA recommended that railroads and ownership (to include the reporting car owners operating flatcars that have marks with number series) that may Federal Railroad Administration a vertical hand brake support that is have a welded vertical handbrake welded to the carbody carefully inspect support; Safety Advisory 2010–01 the cars to determine the adequacy of 2. The location of each car that is in any welded securement. Further, any AGENCY: Federal Railroad service or storage; Administration (FRA), Department of car found with a defective condition 3. Each car that has been designated Transportation (DOT). should be immediately handled for for scrapping, identified by car number repair in accordance with 49 U.S.C. ACTION: and storage location; Notice of Safety Advisory; 20303, and repaired in accordance with Safety Appliance Securement, Potential 4. A full description, calculations, and accepted industry practice or by using Failure of Welded and/or Notched drawings/sketches for the proposed approved fasteners as outlined in 49 Vertical Hand Brake Supports on FTTX ‘‘temporary fix’’; CFR 231.1(a)(4)(iii). Welding, where Flatcars. 5. Any cars that have a ‘‘notched present, must be done in accordance stanchion,’’ and any cars with SUMMARY: FRA is issuing Safety with industry practice, as specified in improperly applied hand brakes, must Advisory 2010–01 in order to provide American Welding Society (AWS) be handled in accordance with 49 guidance to interested parties Standards D1 and D15. U.S.C. 20303. Repairs to subject cars concerning the inspection and repair of Regional FRA inspectors have must be performed in accordance with FTTX series flatcars that have welded recently observed flatcars in TTX accepted industry practice or by using vertical hand brake supports that have ownership with FTTX reporting marks, approved fasteners, as outlined in 49 been modified to accommodate a 10- which may also pose a significant safety CFR 231.27(a)(4)(iii). Welding, where inch wide hand brake step. FRA’s Office risk on account of notched vertical present, must be performed to an of Railroad Safety Motive Power and handbrake supports. The vertical acceptable manufacturing welding Equipment (MP&E) Division has been handbrake supports appear to have been industry standard (AWS) within a notified that approximately 1,851 FTTX ‘‘notched’’ in order to apply a certified weld facility that typically series flatcars that are owned by TTX nonstandard 10-inch brake step in place makes weld repairs to freight cars; and Company (TTX) may have a notch cut of the 8-inch brake step that was 6. A concise ‘‘action plan’’ that into the vertical hand brake supports, originally designed for the cars. Cars includes the following: which compromises the safety of the tentatively identified that may have the a. Schedule of car inspections hand brake support angles. nonstandard 10-inch brake step include, covering those TTX cars potentially at FOR FURTHER INFORMATION CONTACT: Tom but are not limited to, the following car risk; Blankenship, Mechanical Engineer, series: b. Description of car disposition MP&E Division (RRS–14); FRA Office of (scrap, temporary repair, or permanent Possible Safety Assurance and Compliance, 1200 Known cars series in- repair); New Jersey Avenue, SE., Washington, volved c. Schedule of when all cars will have DC 20590, telephone: (202) 493–6446. permanent repairs completed. Schedule SUPPLEMENTARY INFORMATION: On May FTTX 961917 ...... 961370– to include number of cars that will be 29, 2008, at approximately 10:17 a.m. 961917 repaired on a monthly basis, and (CST), a railroad employee was riding a FTTX 971554 ...... 971049– projected versus actual cars repaired; cut of four cars while attempting to set 971613 d. List of all cars that have or will FTTX 972703, 972762, 972235 972047– the hand brake on Flatcar GVSR 209000. 972946 have a welded repair. The list should During this task, the hand brake support FTTX 940540 ...... 940182– include the name of the AWS-qualified angles, which had been previously 940872 shop that will make the repair for each welded, suddenly broke; this may have FTTX 963325 ...... 963325 car; and contributed to the employee falling e. A final proposed permanent repair under the rolling equipment, resulting FRA has contacted the Association of with attached drawings and procedures. in a fatality. Preliminary details of this American Railroads (AAR) and the car At this time, FRA further recommends incident indicate that the welded owner, TTX, to alert AAR and its that AAR and TTX continue to inspect vertical hand brake support angles had member railroads of the potential safety and repair all of the above-noted series an ‘‘old break’’ condition that allowed risk these cars may pose in service. TTX flatcars, and immediately handle for the remaining weld to fail when force and AAR have issued an Early Warning repair those cars found with defective was applied to the hand brake. Field (EW–5240) in accordance with AAR fastening conditions in accordance with investigation of the failed vertical hand Rule 125, which includes inspection EW–5240 via the following steps: brake support indicated that the hand instructions, temporary repair of 1. Empty Cars. Conduct a visual brake and/or brackets were improperly affected cars, and the recommended inspection of the vertical hand brake applied or not mechanically fastened to disposition of subject cars. supports for cracks or evidence of a

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES 29386 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices

stanchion that had previously been DEPARTMENT OF THE TREASURY Comments should address one or cracked and then weld repaired. more of the following points: Office of Thrift Supervision a. Any stanchion found with a crack a. Whether the proposed collection of information is necessary for the proper in vertical stanchion, or cracked and Consumer Protections for Depository performance of the functions of OTS; then weld repaired stanchion, should be Institution Sales of Insurance handled in accordance with the b. The accuracy of OTS’s estimate of following: withhold car from loading; AGENCY: Office of Thrift Supervision the burden of the proposed information repair car per TTX Company Drawing (OTS), Treasury. collection; No. 17057 (Rev. E), Handbrake ACTION: Notice and request for comment. c. Ways to enhance the quality, Temporary Stanchion Repair; alert car utility, and clarity of the information to owner; and request disposition of car. SUMMARY: The Department of the be collected; Report car as MW (Activity Code)—Car Treasury, as part of its continuing effort d. Ways to minimize the burden of the moving on AAR approved owners to reduce paperwork and respondent information collection on respondents, instructions–also includes move to burden, invites the general public and including through the use of scrap. other Federal agencies to comment on information technology. proposed and continuing information We will summarize the comments b. If no defects are found, the car may collections, as required by the that we receive and include them in the remain in service. Report car as MR Paperwork Reduction Act of 1995, 44 OTS request for OMB approval. All (Activity Code)—Car inspected; U.S.C. 3507. The Office of Thrift comments will become a matter of returned to service. Supervision within the Department of public record. In this notice, OTS is 2. Loaded Cars. Conduct a visual the Treasury will submit the proposed soliciting comments concerning the inspection of the vertical hand brake information collection requirement following information collection. supports for cracks or evidence of a described below to the Office of stanchion that had previously been Management and Budget (OMB) for Title of Proposal: Consumer cracked and then weld repaired. review, as required by the Paperwork Protection for Depository Institution Sales of Insurance. a. Any stanchion found with a crack Reduction Act. Today, OTS is soliciting in vertical stanchion, or cracked and public comments on its proposal to OMB Number: 1550–0106. then weld repaired stanchion should be extend this information collection. Regulation Requirements: 12 CFR part handled in accordance with the DATES: Submit written comments on or 536. following: repair car per TTX Company before July 26, 2010. Form Number: N/A. Drawing No. 17057 (Rev. E), Handbrake ADDRESSES: Send comments, referring to Description: These information Temporary Stanchion Repair; move car the collection by title of the proposal or collections are required under section to destination and unload; withhold car by OMB approval number, to 305 of the Gramm-Leach-Bliley Act from further loading; alert car owner; Information Collection Comments, Chief (GLB Act), Public Law 106–102. Section and request disposition of car. Report Counsel’s Office, Office of Thrift 305 of the GLB Act required the Office car as MW—Car moving on AAR Supervision, 1700 G Street, NW., of the Comptroller of the Currency, approved owners instructions—also Washington, DC 20552; send a facsimile Board of Governors of the Federal includes move to scrap. transmission to (202) 906–6518; or send Reserve System, Federal Deposit b. If no defects are found, the car may an e-mail to Insurance Corporation, and Office of remain in service. Report car as MR— [email protected]. Thrift Supervision to prescribe joint Car inspected; returned to service. OTS will post comments and the related consumer protection regulations. OTS’s index on the OTS Internet Site at regulations are found at 12 CFR part 3. Temporary Repair. The temporary http://www.ots.treas.gov. In addition, 536. The regulations apply to retail sales repair is fully documented in the TTX interested persons may inspect practices, solicitations, advertising, and Company Drawing identified above. The comments at the Public Reading Room, offers of any insurance product by a repair reinforces the vertical stanchions 1700 G Street, NW., by appointment. To depository institution or by other with 1⁄2″ plates. These doubler plates are make an appointment, call (202) 906– persons performing these activities at an mechanically fastened to the vertical 5922, send an e-mail to office of the institution or on behalf of stanchions and are also mechanically [email protected], or send a the institution. Section 305 requires fastened into the end sill of the car. facsimile transmission to (202) 906– those performing such activities to Disposition requests noted in the above 7755. disclose certain information to procedures should be directed to Mr. consumers and to obtain consumers’ FOR FURTHER INFORMATION CONTACT: You Rick Clement at TTX. His direct phone acknowledgements. can request additional information number is (312) 984–3849. His e-mail Type of Review: Extension of a address is [email protected]. about this proposed information collection from Suzanne McQueen (202) currently approved collection. FRA may modify this Safety Advisory 906–6459, Office of Thrift Supervision, Affected Public: Businesses or other 2010–01, issue additional safety 1700 G Street, NW., Washington, DC for-profit. advisories, or take other appropriate 20552. Estimated Number of Respondents: action necessary to ensure the highest 765. level of safety on the Nation’s railroads. SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an information Estimated Burden Hours per Issued in Washington, DC on May 19, collection, and respondents are not Responses: 1.5 minutes. 2010. required to respond to an information Estimated Number of Responses: Jo Strang, collection, unless the information 629,660. Associate Administrator for Railroad Safety/ collection displays a currently valid Estimated Frequency of Response: On Chief Safety Officer. OMB control number. As part of the occasion. [FR Doc. 2010–12556 Filed 5–24–10; 8:45 am] approval process, we invite comments Estimated Total Burden: 15,742 BILLING CODE 4910–06–P on the following information collection. hours.

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Notices 29387

Dated: May 19, 2010. Ira L. Mills, Paperwork Clearance Officer, Office of Chief Counsel, Office of Thrift Supervision. [FR Doc. 2010–12455 Filed 5–24–10; 8:45 am] BILLING CODE 6720–01–P

VerDate Mar<15>2010 18:11 May 24, 2010 Jkt 220001 PO 00000 Frm 00085 Fmt 4703 Sfmt 9990 E:\FR\FM\25MYN1.SGM 25MYN1 srobinson on DSKHWCL6B1PROD with NOTICES i

Reader Aids Federal Register Vol. 75, No. 100 Tuesday, May 25, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 2 CFR 273...... 23565 741–6000 301...... 29189, 29191 Executive orders and proclamations Ch. IV...... 29183 The United States Government Manual 741–6000 319...... 28187 Ch. XX ...... 27923 360...... 23151 Other Services Proposed Rules: 361...... 23151 Electronic and on-line services (voice) 741–6020 Ch. 58 ...... 24494 760...... 25103 Privacy Act Compilation 741–6064 1329...... 29215 783...... 25103 Public Laws Update Service (numbers, dates, etc.) 741–6043 3 CFR 985...... 27631 TTY for the deaf-and-hard-of-hearing 741–6086 1205...... 24373 Proclamations: 1410...... 27165 ELECTRONIC RESEARCH 8505...... 23557 1416...... 25103 8506...... 23559 3017...... 29183 World Wide Web 8507...... 23561 Full text of the daily Federal Register, CFR and other publications Proposed Rules: 8508...... 24363 319...... 27225 is located at: http://www.gpoaccess.gov/nara/index.html 8509...... 24365 Federal Register information and research tools, including Public 1530...... 23631 8510...... 24367 1980...... 27949 Inspection List, indexes, and links to GPO Access are located at: 8511...... 24369 http://www.archives.gov/federallregister 8512...... 24371 9 CFR E-mail 8513...... 25099 381...... 27925 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8514...... 25101 an open e-mail service that provides subscribers with a digital 8515...... 26055 Proposed Rules: 310...... 28763 form of the Federal Register Table of Contents. The digital form 8516...... 26873 of the Federal Register Table of Contents includes HTML and 8517...... 26875 10 CFR PDF links to the full text of each document. 8518...... 26877 To join or leave, go to http://listserv.access.gpo.gov and select 8519...... 27919 72...... 24786, 27401 Online mailing list archives, FEDREGTOC-L, Join or leave the list 8520...... 28181 430 ...... 27170, 27182, 27926 (or change settings); then follow the instructions. 8521...... 28183 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 8522...... 28185 50...... 24324 service that notifies subscribers of recently enacted laws. Executive Orders: 72...... 25120, 27463 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13541...... 26879 430...... 23191, 25121 and select Join or leave the list (or change settings); then follow 13542...... 27921 431 ...... 24824, 25121, 27227 1703...... 27228 the instructions. Administrative Orders: FEDREGTOC-L and PENS are mailing lists only. We cannot Presidential 11 CFR respond to specific inquiries. Determinations: Reference questions. Send questions and comments about the No. 2010-07 of May 4, 300...... 24375 Federal Register system to: [email protected] 2010 ...... 27161 Proposed Rules: The Federal Register staff cannot interpret specific documents or No. 2010-08 of May 7...... 27456 11, 2010 ...... 27163 regulations. 12 CFR Reminders. Effective January 1, 2009, the Reminders, including Memorandums: Rules Going Into Effect and Comments Due Next Week, no longer Memorandum of April 204...... 24384 appear in the Reader Aids section of the Federal Register. This 27, 2010 ...... 23563 535...... 23565 information can be found online at http://www.regulations.gov. Memorandum of May 985...... 23152 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 3, 2010 ...... 24781 989...... 23152 longer appears in the Federal Register. This information can be Memorandum of May 1273...... 23152 found online at http://bookstore.gpo.gov/. 4, 2010 ...... 27155 1274...... 23152 Memorandum of May Proposed Rules: FEDERAL REGISTER PAGES AND DATE, MAY 11, 2010 ...... 27157 327...... 23516, 26681 Notices: 360...... 27464, 27471 23151–23556...... 3 28751–29182...... 24 Notice of May 3, 614...... 27660 23557–24362...... 4 29183–29388...... 25 2010 ...... 24779 652...... 27951 24363–24780...... 5 Notice of May 12, 701...... 24497 24781–25098...... 6 2010 ...... 27399 956...... 23631 25099–25758...... 7 Notice of May 13, 1267...... 23631 25759–26054...... 10 2010 ...... 27629 26055–26642...... 11 14 CFR 26643–26880...... 12 5 CFR 25...... 26643, 27926 26881–27154...... 13 1600...... 24785 39 ...... 23568, 23571, 23572, 27155–27398...... 14 1650...... 24785 23574, 23577, 23579, 24389, 27399–27630...... 17 Proposed Rules: 26881, 26883, 26885, 27401, 27631–27922...... 18 Ch. XXXVII ...... 27456 27403, 27406, 27409, 27411, 27923–28180...... 19 27414, 27416, 27419, 27422, 28181–28462...... 20 7 CFR 27424, 28188, 28463, 28465, 28463–28750...... 21 272...... 23565 28469, 28471, 28475, 28478,

VerDate Mar 15 2010 19:56 May 24, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\25MYCU.LOC 25MYCU sroberts on DSKD5P82C1PROD with FRONTMATTER ii Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Reader Aids

28480, 28483, 28485, 28751 26 CFR 37 CFR 412...... 23852 71 ...... 23580, 23581, 24789, 1 ...... 26061, 27927, 27934 Proposed Rules: 413...... 23852 27427, 27637 54...... 27122 201...... 27248 440...... 23852 73...... 28752, 28756 602...... 27122 441...... 23852 95...... 24790 482...... 23852 Proposed Rules: 38 CFR 97...... 25759, 25760 485...... 23852 119...... 26645 54...... 27141 Proposed Rules: 1...... 24510, 26160 489...... 23852 Proposed Rules: 28 CFR 17...... 26683 25...... 27662 43 CFR 20...... 24796 62...... 24514 27...... 24501, 24502 8360...... 27452 540...... 25110 29...... 24502 39 CFR 39 ...... 23194, 24824, 25124, Proposed Rules: 44 CFR 232...... 28204 25785, 25788, 25791, 26148, 2...... 28221 64...... 24820, 28492 26681, 26888, 26889, 27487, 26...... 29217 Proposed Rules: 111...... 24534 65 ...... 23593, 29195, 29197, 27489, 27491, 27665, 27668, 29199, 29201, 29205, 29208, 27956, 27959, 27961, 27964, 29 CFR 40 CFR 29210, 29211 27966, 27969, 27972, 27973, 471...... 28368 67 ...... 23595, 23600, 23608, 51...... 27191, 27643 28504, 28506 570...... 28404 28497 71 ...... 23636, 24504, 26148, 52 ...... 23167, 24404, 24406, 579...... 28404 Proposed Rules: 26150, 26151, 26891, 27229, 24408, 25770, 25772, 25775, 1202...... 26062 67 ...... 23615, 23620, 28511, 27493, 27494, 27495, 27496, 25778, 26102, 26113, 26118, 1206...... 26062 29219, 29238, 29246, 29253, 27670, 28765 26653, 27191, 27643, 27644, 1910...... 27188 29258, 29264, 29268, 29290, 110...... 25127 27647, 27938, 27944 1915...... 27188 29296 119...... 25127 1926...... 27188, 27428 80...... 26026, 26121 121...... 25127 2590...... 27122 81 ...... 24409, 26113, 26118, 45 CFR 129...... 25127 4022...... 27189 27944 144...... 27122 135...... 25127 Proposed Rules: 82...... 23167, 25781 85...... 25324 146...... 27122 15 CFR 1904...... 24505 147...... 27122 1910 ...... 23677, 24509, 24835, 86...... 25324 748...... 25763, 27185 180 ...... 24421, 24428, 26652, 149...... 24450 27237, 27239, 28862 159...... 24470 Proposed Rules: 1915...... 27239 26668, 26673, 27434, 27443, Proposed Rules: 29...... 29215 1926...... 27239 28488 94...... 28688 2700...... 28223 300...... 26131, 27192 16 CFR 600...... 25324 160...... 23214 Proposed Rules: 30 CFR 745...... 24802 164...... 23214 1102...... 29156 250...... 23582 Proposed Rules: 46 CFR 1107...... 28336 9...... 28227 1109...... 28208 31 CFR 51...... 28227 388...... 28205 1120...... 27497, 27504 52 ...... 23640, 24542, 24544, Proposed Rules: 363...... 26089 24844, 25797, 25798, 26685, 520 ...... 25150, 26906, 28516 17 CFR 551...... 24394 26892, 27510, 27512, 27514, 532 ...... 25150, 26906, 28516 Proposed Rules: Proposed Rules: 27975, 28227, 28509 200...... 23328 210...... 27239 60...... 27249 47 CFR 229...... 23328 0...... 28206 32 CFR 63...... 28227 230...... 23328 80...... 26049, 26165 54...... 25113, 26137 232...... 23328 551...... 24394 81 ...... 26685, 26898, 27514 73...... 25119, 27199 239...... 23328 706 ...... 25111, 27429, 29193 82...... 25799 97...... 27200 240...... 23328 98...... 26904 Proposed Rules: 243...... 23328 33 CFR 180...... 28156 Ch. I...... 26171, 26180 249...... 23328 100 ...... 23587, 24400, 24799, 300...... 26166, 27255 1...... 28517 18 CFR 26091, 27430 745...... 24848, 25038 15...... 27256 117 ...... 23588, 24400, 25765, 1b...... 24392 17...... 28517 28757 41 CFR 40...... 26057 54...... 25156, 26906 147...... 26091 157...... 24392 102-39...... 24820 64...... 26701 165 ...... 23589, 23592, 24402, 300-3...... 24434 73...... 27977 Proposed Rules: 24799, 25111, 25766, 26094, 37...... 24828 Ch. 301 ...... 24434 76...... 27256, 27264 26098, 26648, 26650, 27432, 301-10...... 24434 97...... 27272 19 CFR 27638, 27641, 28194, 28200, 301-51...... 24434 28202, 28757 48 CFR 101...... 24392 301-52...... 24434 334...... 26100 301-70...... 24434 212...... 27946 21 CFR Proposed Rules: 301-75...... 24434 222...... 27946 520...... 26646 100...... 26152 302-6...... 24434 252...... 25119, 27946 522...... 26647 117...... 28766 302-9...... 24434 Proposed Rules: 524...... 26647 165 ...... 23202, 23209, 23212, 4...... 28771 556...... 24394 25794, 26155, 26157, 27507, 42 CFR 24...... 26916 558...... 24394 28769 410...... 26350 49...... 28228 Proposed Rules: 173...... 25137 411...... 26350 52...... 28771 1140...... 27672 174...... 25137 414...... 26350 207...... 25159 181...... 25137 415...... 26350 211...... 25160 22 CFR 187...... 25137 424...... 24437 212...... 25161 22...... 28188 431...... 24437 215...... 25165 34 CFR Proposed Rules: 485...... 26350 225...... 25167 62...... 23196 Ch. II ...... 28714 498...... 26350 227...... 25161 Proposed Rules: 234...... 25165 24 CFR 36 CFR 5...... 26167 242...... 25165 202...... 23582 251...... 24801 50...... 28688 252 ...... 25160, 25161, 25165

VerDate Mar 15 2010 19:56 May 24, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\25MYCU.LOC 25MYCU sroberts on DSKD5P82C1PROD with FRONTMATTER Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Reader Aids iii

904...... 28772 179...... 27205 213...... 25928 654...... 26679, 27217 952...... 28772 383...... 28499 220...... 27672 660 ...... 23615, 23620, 24482 970...... 28772 391...... 28499 238...... 25928 679...... 23189, 28502 9904...... 25982 531...... 25324 594...... 25169 Proposed Rules: 533...... 25324 17 ...... 23654, 24545, 27690 49 CFR 536...... 25324 50 CFR 20...... 27144 105...... 27205 537...... 25324 222...... 27649 107...... 27205 538...... 25324 300...... 27216 83...... 24862 171...... 27205 Proposed Rules: 622 ...... 23186, 24822, 26679, 224...... 25174 173...... 27205 26...... 25815 27217, 27658, 28760 253...... 24549 174...... 27205 40...... 26183 635...... 26679, 27217 660...... 26702 176...... 27205 171...... 27273 640...... 27217 665...... 28540 177...... 27205 173...... 27273 648 ...... 27219, 27221, 28762 697...... 26703

VerDate Mar 15 2010 19:56 May 24, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\25MYCU.LOC 25MYCU sroberts on DSKD5P82C1PROD with FRONTMATTER iv Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Reader Aids

The text of laws is not H.R. 3714/P.L. 111–166 enacted public laws. To published in the Federal Daniel Pearl Freedom of the subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Press Act of 2009 (May 17, listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 2010; 124 Stat. 1186) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List May 19, 2010 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

VerDate Mar 15 2010 19:56 May 24, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\25MYCU.LOC 25MYCU sroberts on DSKD5P82C1PROD with FRONTMATTER