16718 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Revise § 117.702 to read as follows: 

§ 117.702 Arthur Kill 

(a) The draw of the Arthur Kill (AK) 

Railroad Bridge shall be maintained in 

the full open position for navigation at 

all times, except during periods when it 

is closed for the passage of rail traffic. 

(b) The bridge owner/operator shall 

maintain a dedicated telephone hot line 

for vessel operators to call the bridge in 

advance to coordinate anticipated 

bridge closures. The telephone hot line 

number shall be posted on signs at the 

bridge clearly visible from both the up 

and downstream sides of the bridge. 

(c) Tide constrained deep draft vessels 

shall notify the bridge operator, daily, of 

their expected times of vessel transits 

through the bridge, by calling the 

designated telephone hot line. 

(d) The bridge shall not be closed for 

the passage of rail traffic during any 

predicted high tide period if a tide 

constrained deep draft vessel has 

provided the bridge operator with an 

advance notice of their intent to transit 

through the bridge. For the purposes of 

this regulation, the predicted high tide 

period shall be considered to be from 

two hours before each predicted high 

tide to a half-hour after each predicted 

high tide taken at the Battery, New 

York. 

(e) The bridge operator shall issue a 

manual broadcast notice to mariners of 

the intent to close the bridge for a 

period of up to thirty minutes for the 

passage of rail traffic, on VHF–FM 

channels 13 and 16 (minimum range of 

15 miles) 90 minutes before and again 

at 75 minutes before each bridge 

closure. 

(f) Beginning at 60 minutes prior to 

each bridge closure, automated or 

manual broadcast notice to mariners 

must be repeated at 15 minute intervals 

and again at 10 and 5 minutes prior to 

each bridge closure and once again as 

the bridge begins to close, at which 

point the appropriate sound signal will 

be given. 

(g) Two 15 minute bridge closures 

may be provided each day for the 

passage of multiple rail traffic 

movements across the bridge. Each 15 

minute bridge closure shall be separated 

by at least a 30 minute period when the 

bridge is returned to and remains in the 

full open position. Notification of the 

two 15 minute closures shall follow the 

same procedures outlined in paragraphs 

(e) and (f) above. 

(h) A vessel operator may request up 

to a 30 minute delay for any bridge 

closure in order to allow vessel traffic to 

meet tide or current requirements; 

however, the request to delay the bridge 

closure must be made within 30 

minutes following the initial broadcast 

for the bridge closure. Requests received 

after the initial 30 minute broadcast will 

not be granted. 

(i) In the event of a bridge operational 

failure, the bridge operator shall 

immediately notify the Coast Guard 

Captain of the Port New York. The 

bridge owner/operator must provide and 

dispatch a bridge repair crew to be on 

scene at the bridge no later than 45 

minutes after the bridge fails to operate. 

A repair crew must remain on scene 

during the operational failure until the 

bridge has been fully restored to normal 

operations or until the bridge is raised 

and locked in the fully open position. 

(j) When the bridge is not tended 

locally it must be operated from a 

remote location. A sufficient number of 

closed circuit TV cameras, approved by 

the Coast Guard, shall be operated and 

maintained at the bridge site to enable 

the remotely located bridge tender to 

have full view of both river traffic and 

the bridge. 

(k) VHF–FM channels 13 and 16 shall 

be maintained and monitored to 

facilitate communication in both the 

remote and local control locations. The 

bridge shall also be equipped with 

directional microphones and horns to 

receive and deliver signals to vessels. 

(l) Whenever the remote control 

system equipment is disabled or fails to 

operate for any reason, the bridge 

operator shall immediately notify the 

Captain of the Port New York. The 

bridge shall be physically tended and 

operated by local control as soon as 

possible, but no more than 45 minutes 

after malfunction or disability of the 

remote system. Mechanical bypass and 

override capability of the remote 

operation system shall be provided and 

maintained at all times. 

Dated: March 10, 2011. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2011–7049 Filed 3–24–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–1036–201062; FRL– 

9286–5] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Atlanta; 

Determination of Attainment for the 

1997 8-Hour Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Atlanta, Georgia 

nonattainment area has attained the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS) based on 

quality assured, quality controlled 

monitoring data from 2008–2010. The 

Atlanta, Georgia 1997 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘Atlanta Area’’) is comprised of 

Barrow, Bartow, Carroll, Cherokee, 

Clayton, Cobb, Coweta, Dekalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Hall, 

Henry, Newton, Paulding, Rockdale, 

Spalding and Walton Counties in 

Georgia. If this proposed determination 

is made final, the requirement for the 

State of Georgia to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM) analysis, a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plans (SIPs) related to 

attainment of the 1997 8-hour ozone 

NAAQS for the Atlanta, Georgia 8-hour 

ozone nonattainment area, shall be 

suspended for as long as the Atlanta 

Area continues to meet the 1997 8-hour 

ozone NAAQS. 

DATES: Written comments must be 

received on or before April 25, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–1036 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 


erowe on DSK5CLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 16719 

1Contingency measures associated with a 

maintenance plan (such as if the State opts to 

redesignate this Area to attainment for the 1997 

8-hour ozone NAAQS) would still be required. 

2As noted above, at this time the proposed 

determination of attainment, if finalized, would 

suspend only those requirements related to 

attainment that are currently applicable to the 

Atlanta Area. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010–1036,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

1036. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or by e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann or Zuri Farngalo, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. 

Spann may be reached by phone at (404) 

562–9029 or via electronic e-mail at 

spann.jane@epa.gov. Mr. Farngalo may 

be reached by phone at (404) 562–9152 

or via electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is the background for this action? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Atlanta Area has attained the 1997 

8-hour ozone NAAQS. Today’s proposal 

is based upon complete, quality assured, 

quality controlled, and certified ambient 

air monitoring data for the years 2008– 

2010 showing that the Atlanta Area has 

monitored attainment of the 1997 

8-hour ozone NAAQS. EPA is in the 

process of establishing a new 8-hour 

ozone NAAQS, and expects to finalize 

the reconsidered NAAQS by July 2011. 

Today’s action, however, relates only to 

the 1997 8-hour ozone NAAQS. 

Requirements for the Atlanta Area 

under the 2011 NAAQS will be 

addressed in the future. 

II. What is the effect of this action? 

If this determination is made final, 

under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.918), it would suspend the 

requirement to submit an attainment 

demonstration and associated RACM 

analysis, RFP plan, contingency 

measures,1 and any other planning SIPs 

related to attainment of the 1997 8-hour 

ozone NAAQS. The attainment 

determination would continue until 

such time, if any, that EPA subsequently 

determines that the Atlanta Area has 

violated the 1997 8-hour ozone NAAQS. 

This determination is separate from any 

future designation determination or 

requirements for the Atlanta Area based 

on the revised or reconsidered ozone 

NAAQS, and would remain in effect 

regardless of whether EPA designates 

the Atlanta Area as a nonattainment 

area for purposes of a future revised or 

reconsidered 8-hour ozone NAAQS.2

Furthermore, as described below, a final 

clean data determination is not 

equivalent to the redesignation of the 

Atlanta Area to attainment for the 1997 

8-hour ozone NAAQS. If this 

rulemaking is finalized and EPA 

subsequently determines, after noticeand-comment rulemaking in the Federal 

Register, that the Atlanta Area has 

violated the 1997 8-hour ozone NAAQS, 

the basis for the suspension of the 

specific requirements, set forth at 40 

CFR 51.918, would no longer exist, and 

the Atlanta Area would thereafter have 

to address pertinent requirements. 

As mentioned above, the 

determination that EPA proposes with 

this Federal Register notice is not 

equivalent to a redesignation of the 

Atlanta Area to attainment. Finalizing 

this proposed action would not 

constitute a redesignation of the Area to 

attainment of the 1997 8-hour ozone 

NAAQS under section 107(d)(3) of the 

CAA. Further, finalizing this proposed 

action does not involve approving a 

maintenance plan for this Area as 

required under section 175A of the 

CAA, or affirm that the Area has met all 

other requirements for redesignation. 

The designation status of the Atlanta 

Area would remain nonattainment for 

the 1997 8-hour ozone NAAQS until 

such time as EPA determines that it 

meets the CAA requirements for 

redesignation to attainment. The State of 


erowe on DSK5CLS3C1PROD with PROPOSALS
16720 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 

Georgia is currently working on a 

redesignation request and maintenance 

plan to change the Atlanta Area’s status 

from nonattainment to attainment for 

the 1997 8-hour ozone NAAQS. EPA 

will consider Georgia’s redesignation 

request and maintenance plan for the 

Atlanta Area in a rulemaking separate 

from today’s proposed action. 

This proposed action, if finalized, is 

limited to a determination that the 

Atlanta Area has attained the 1997 

8-hour ozone NAAQS. The 1997 8-hour 

ozone NAAQS became effective on July 

18, 1997 (62 FR 38894), and are set forth 

at 40 CFR 50.10. On March 12, 2008, 

EPA promulgated revised 8-hour ozone 

NAAQS. Subsequently, on January 19, 

2010, EPA published a proposed rule to 

reconsider the 2008 8-hour ozone 

NAAQS (75 FR 2938) and to propose a 

revised ozone NAAQS. EPA has not yet 

made any designation determinations 

for the Atlanta Area based on the 

revised 2008 8-hour ozone NAAQS. 

Today’s proposed determination for the 

Atlanta Area, and any final 

determination, will have no effect on, 

and is not related to, any future 

designation determination that EPA may 

make based on the revised or 

reconsidered ozone NAAQS for the 

Atlanta Area. 

If this proposed determination is 

made final and the Atlanta Area 

continues to demonstrate attainment 

with the 1997 8-hour ozone NAAQS, the 

obligation for the State of Georgia to 

submit for the Atlanta Area an 

attainment demonstration and 

associated RACM analysis, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS will 

remain suspended regardless of whether 

EPA designates the Atlanta Area as a 

nonattainment area for purposes of the 

revised or reconsidered ozone NAAQS. 

Once the Atlanta Area is designated for 

the revised or reconsidered ozone 

NAAQS, it will have to meet all 

applicable requirements for that 

designation. 

III. What is the background for this 

action? 

On July 18, 1997 (62 FR 38894), EPA 

promulgated a revised 8-hour ozone 

NAAQS of 0.08 parts per million (ppm) 

for both the primary and secondary 

standards. These NAAQS are more 

stringent than the previous 1-hour 

ozone NAAQS. Under EPA regulations 

at 40 CFR part 50, the 8-hour ozone 

NAAQS is attained when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ambient 

air quality ozone concentration is less 

than or equal to 0.08 ppm (i.e., 0.084 

ppm when rounding is considered). 

Ambient air quality monitoring data for 

the 3-year period must meet a data 

completeness requirement. The ambient 

air quality monitoring data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90 percent, and no single year has less 

than 75 percent data completeness as 

determined in Appendix I of part 50. 

Specifically, section 2.3 of 40 CFR part 

50, Appendix I, ‘‘Comparisons with the 

Primary and Secondary Ozone 

Standards’’ states: 

The primary and secondary ozone ambient 

air quality standards are met at an ambient 

air quality monitoring site when the 3-year 

average of the annual fourth-highest daily 

maximum 8-hour average ozone 

concentration is less than or equal to 0.08 

ppm. The number of significant figures in the 

level of the standard dictates the rounding 

convention for comparing the computed 

3-year average annual fourth-highest daily 

maximum 8-hour average ozone 

concentration with the level of the standard. 

The third decimal place of the computed 

value is rounded, with values equal to or 

greater than 5 rounding up. Thus, a 

computed 3-year average ozone 

concentration of 0.085 ppm is the smallest 

value that is greater than 0.08 ppm. 

On April 30, 2004 (69 FR 23857), EPA 

published its air quality designations 

and classifications for the 1997 8-hour 

ozone NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on June 

15, 2004. The Atlanta Area is comprised 

of Barrow, Bartow, Carroll, Cherokee, 

Clayton, Cobb, Coweta, Dekalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Hall, 

Henry, Newton, Paulding, Rockdale, 

Spalding, and Walton Counties; and was 

designated nonattainment for the 1997 

8-hour ozone NAAQS (see 40 CFR part 

81). 

IV. What is EPA’s analysis of the 

relevant air quality data? 

EPA has reviewed the three most 

recent years of complete, certified, 

quality assured and quality controlled 

ambient air monitoring data for the 1997 

8-hour ozone NAAQS, consistent with 

the requirements contained in 40 CFR 

part 50, as recorded in the EPA Air 

Quality System (AQS) database for the 

Atlanta Area. Based on that review, EPA 

has preliminarily concluded that the 

Atlanta Area attained the 1997 8-hour 

ozone NAAQS during the 2008–2010 

monitoring period. Under EPA 

regulations at 40 CFR 50.10, the 1997 8- 

hour primary and secondary ozone 

ambient air quality NAAQS are met at 

an ambient air quality monitoring site 

when the three-year average of the 

annual fourth-highest daily maximum 

8-hour average concentration is less 

than or equal to 0.08 ppm, as 

determined in accordance with 

Appendix I of 40 CFR part 50. 

Table 1 shows the design values (the 

metrics calculated in accordance with 

40 CFR part 50, Appendix I, for 

determining compliance with the 

NAAQS) for the 1997 8-hour ozone 

NAAQS for the Atlanta Area monitors 

for the years 2008–2010. Table 2 shows 

the data completeness percentages for 

the 1997 8-hours ozone NAAQS for the 

Atlanta Area monitors for the years 

2008–2010. 

TABLE 1—DESIGN VALUES FOR COUNTIES IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR

OZONE NAAQS 

Location AQS site ID 2008 

(ppm) 

2009 

(ppm) 

2010 

(ppm) 

2008–2010 

Design value 

(ppm) 

Cobb County .............. GA NATIONAL GUARD MCCOLLUM PARKWAY 

(13–067–0003).

0.075 0.076 0.079 0.076 

Coweta County .......... UNIVERSITY OF W. GA AT NEWNAN (13–077– 

0002).

0.075 0.065 0.065 0.068 

Dawson County .......... DAWSONVILLE, GA FORESTRY COMMISSION 

(13–085–0001).

0.075 0.067 0.073 0.071 

Dekalb County ........... 2390–B Wildcat Road Decatur, GA (13–089–0002) 0.087 0.077 0.075 0.079 

Douglas County ......... DOUGLASVILLE W. STRICKLAND ST. (13–097– 

0004).

0.080 0.072 0.074 0.075 


erowe on DSK5CLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 16721 

TABLE 1—DESIGN VALUES FOR COUNTIES IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR

OZONE NAAQS—Continued 

Location AQS site ID 2008 

(ppm) 

2009 

(ppm) 

2010 

(ppm) 

2008–2010 

Design value 

(ppm) 

Gwinnett County ........ GWINNETT TECH 1250 ATKINSON RD (13–135– 

0002).

0.079 0.073 0.072 0.074 

Henry County ............. HENRY COUNTY EXTENSION OFFICE (13–151– 

0002).

0.086 0.074 0.078 0.079 

Paulding County ......... YORKVILLE (13–223–0003) ................................... 0.072 0.067 0.071 0.070 

Rockdale County ........ CONYERS MONASTERY 3780 GA HWY 212 

(13–247–0001).

0.089 0.070 0.076 0.078 

Fulton County ............. CONFEDERATE AVE. (13–121–0055) .................. 0.084 0.077 0.080 0.080 

TABLE 2—COMPLETENESS PERCENTAGES FOR OZONE MONITORS IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR

THE 1997 8-HOUR OZONE NAAQS 

Location AQS site ID 2008 

(%) 

2009 

(%) 

2010 

(%) 

2008–2010 

Percentage 

average 

(%) 

Cobb County .............. GA NATIONAL GUARD, MCCOLLUM PARKWAY 

(13–067–0003).

99 99 100 100 

Coweta County .......... UNIVERSITY OF W. GA AT NEWNAN (13–077– 

0002).

100 97 100 99 

Dawson County .......... DAWSONVILLE, GA FORESTRY COMMISSION 

(13–085–0001).

99 95 100 98 

Dekalb County ........... 2390–B Wildcat Road, Decatur GA (13–089–0002) 99 98 98 98 

Douglas County ......... DOUGLASVILLE W. STRICKLAND ST. (13–097– 

0004).

97 100 100 99 

Gwinnett County ........ GWINNETT TECH 1250 ATKINSON RD (13–135– 

0002).

92 100 94 95 

Henry County ............. HENRY COUNTY EXTENSION OFFICE (13–151– 

0002).

100 100 100 100 

Paulding County ......... YORKVILLE (13–223–0003) ................................... 99 100 100 99 

Rockdale County ........ CONYERS MONASTERY 3780 GA HWY 212 

(13–247–0001).

98 99 100 99 

Fulton County ............. CONFEDERATE AVE. (13–121–0055) .................. 96 98 99 98 

EPA’s review of these data indicate 

that the Atlanta Area has met and 

continues to meet the 1997 8-hour 

ozone NAAQS. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

V. Proposed Action 

EPA is proposing to determine that 

the Atlanta, Georgia 1997 8-hour 

nonattainment area has attained the 

1997 8-hour ozone NAAQS based on 

2008–2010 complete, quality-assured, 

quality-controlled and certified 

monitoring data. As provided in 40 CFR 

51.918, if EPA finalizes this 

determination, it would suspend the 

requirements for the State of Georgia to 

submit, for the Atlanta Area, an 

attainment demonstration and 

associated RACM analysis, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS as long 

as the Area continues to attain the 1997 

8-hour ozone NAAQS. 

VI. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, this proposed 1997 8-hour 

ozone NAAQS data determination for 


erowe on DSK5CLS3C1PROD with PROPOSALS
16722 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 

the Atlanta Area does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds, Oxides of nitrogen. 

Dated: March 17, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Regional 

Administrator, Region 4. 

[FR Doc. 2011–7114 Filed 3–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2011–0002; Docket No. 

FEMA–B–1021] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On November 24, 2008, 

FEMA published in the Federal Register 

a proposed rule that contained an 

erroneous table. This notice provides 

corrections to that table, to be used in 

lieu of the information published at 73 

FR 70944. The table provided here 

represents the flooding sources, location 

of referenced elevations, effective and 

modified elevations, and communities 

affected for White County, Arkansas, 

and Incorporated Areas. Specifically, it 

addresses the following flooding 

sources: Deener Creek, Gum Creek 

Flooding Effects, Little Red River, 

Overflow Creek Tributary, Red Cut 

Slough, Red Cut Slough Tributary, Red 

Cut Slough Tributary 2, and Red Cut 

Slough Tributary A. 

DATES: Comments are to be submitted 

on or before June 23, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B– 

1021, to Luis Rodriguez, Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–4064 

or (e-mail) luis.rodriguez1@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064 or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) publishes proposed 

determinations of Base (1% annualchance) Flood Elevations (BFEs) and 

modified BFEs for communities 

participating in the National Flood 

Insurance Program (NFIP), in 

accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are minimum requirements. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and also are 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in those 

buildings. 

Corrections 

In the proposed rule published at 73 

FR 70944, in the November 24, 2008, 

issue of the Federal Register, FEMA 

published a table under the authority of 

44 CFR 67.4. The table, entitled ‘‘White 

County, Arkansas, and Incorporated 

Areas’’ addressed the flooding source 

Deener Creek. That table contained 

inaccurate information as to the location 

of referenced elevation, effective and 

modified elevation in feet, or 

communities affected for that flooding 

source. In addition, it did not include 

the following flooding sources: Gum 

Creek Flooding Effects, Little Red River, 

Overflow Creek Tributary, Red Cut 

Slough, Red Cut Slough Tributary, Red 

Cut Slough Tributary 2, and Red Cut 

Slough Tributary A. In this notice, 

FEMA is publishing a table containing 

the accurate information, to address 

these prior errors. The information 

provided below should be used in lieu 

of that previously published. 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

White County, Arkansas, and Incorporated Areas 

Deener Creek ........................ Approximately 2.08 miles upstream of the Rocky 

Branch confluence.

None +237 Unincorporated Areas of 

White County. 

Approximately 2.42 miles upstream of the Rocky 

Branch confluence.

None +240 

Gum Creek Flooding Effects Just upstream of Collins Road ..................................... None +213 Unincorporated Areas of 

White County. 

Approximately 0.55 mile upstream of Missouri Pacific 

Railroad.

None +228 

Little Red River ..................... Just upstream of U.S. Route 67 ................................... None +211 Unincorporated Areas of 

White County. 

Approximately 850 feet upstream of Davis Drive ........ None +215 


erowe on DSK5CLS3C1PROD with PROPOSALS