21660 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is a ‘‘major rule’’ as defined 

by 5 U.S.C. 904(2). This rule will be 

effective June 17, 2011. 

List of Subjects in 40 CFR Part 112 

Environmental protection, Animal 

fats and vegetable oils, Farms, Milk, 

Milk products, Oil pollution, Tanks, 

Water pollution control, Water 

resources. 

Dated: April 12, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 112 as 

follows: 

PART 112—OIL POLLUTION 

PREVENTION 

■ 1. The authority citation for part 112 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C. 

2720; and E.O. 12777 (October 18, 1991), 3 

CFR, 1991 Comp., p. 351. 

Subpart A—[Amended] 

■ 2. Amend § 112.1 by adding 

paragraphs (d)(2)(ii)(F) and (d)(12) to 

read as follows: 

§ 112.1 General applicability. 

* * * * * 

(d) * * * 

(2) * * * 

(ii) * * * 

(F) The capacity of any milk and milk 

product container and associated piping 

and appurtenances. 

* * * * * 

(12) Any milk and milk product 

container and associated piping and 

appurtenances. 

* * * * * 

§ 112.3 [Amended] 

■ 3. Amend § 112.3 by removing and 

reserving paragraph (c). 

[FR Doc. 2011–9288 Filed 4–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1186] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 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 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 21661 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Alabama: Tuscaloosa.City of Tuscaloosa 

(10–04–7227P).

January 10, 2011; January 17, 

2011; The Tuscaloosa News.

The Honorable Walter Maddox, Mayor, 

City of Tuscaloosa, P.O. Box 2089, 

Tuscaloosa, AL 35401.

December 31, 2010 ........ 010203 

Arizona: 

Maricopa ........... City of Surprise (10– 

09–3551P).

January 27, 2011; February 3, 

2011; The Arizona Business 

Gazette.

The Honorable Lyn Truitt, Mayor, City of 

Surprise, 16000 North Civic Center 

Plaza, Surprise, AZ 85734.

June 3, 2011 .................. 040053 

Maricopa ........... Unincorporated 

areas of Maricopa 

County (10–09– 

3551P).

January 27, 2011; February 3, 

2011; The Arizona Business 

Gazette.

Mr. Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 

West Jefferson, 10th Floor, Phoenix, 

AZ 85003.

June 3, 2011 .................. 040037 

California: Riverside City of Hemet (10– 

09–2521P).

December 24, 2010; December 

31, 2010; The Press-Enterprise.

The Honorable Jerry Franchville, Mayor, 

City of Hemet, 445 East Florida Avenue, Hemet, CA 92543.

December 17, 2010 ........ 060253 

Colorado: 

Adams .............. City of Commerce 

City (10–08– 

0226P).

February 1, 2011; February 8, 

2011; The Commerce City 

Sentinel Express.

The Honorable Paul Natale, Mayor, City 

of Commerce City, 7887 East 60th Avenue, Commerce City, CO 80022.

June 8, 2011 .................. 080006 

Douglas ............ Town of Parker (10– 

08–0769P).

December 23, 2010; December 

30, 2010; The Douglas 

County News-Press.

The Honorable David Casiano, Mayor, 

Town of Parker, 20120 East Main 

Street, Parker, CO 80138.

April 29, 2011 ................. 080310 

Douglas ............ Unincorporated 

areas of Douglas 

County (10–08– 

0769P).

December 23, 2010; December 

30, 2010; The Douglas 

County News-Press.

Mr. Steven A. Boand, Chairman, Douglas 

County Board of Commissioners, 100 

3rd Street, Castle Rock, CO 80104.

April 29, 2011 ................. 080049 

Nevada: 

Washoe ............ City of Reno (10– 

09–3236P).

January 4, 2011; January 11, 

2011; The Reno GazetteJournal.

The Honorable Bob Cashell, Mayor, City 

of Reno, P.O. Box 1900, Reno, NV 

89505.

December 28, 2010 ........ 320020 

Washoe ............ City of Sparks (10– 

09–3236P).

January 4, 2011; January 11, 

2011; The Reno GazetteJournal.

The Honorable Geno Martini, Mayor, City 

of Sparks, 431 Prater Way, Sparks, NV 

89431.

December 28, 2010 ........ 320021 

North Carolina: 

Alamance ......... Unincorporated 

areas of Alamance 

County (10–04– 

2172P).

December 16, 2010; December 

23, 2010; The Times-News.

Mr. Craig F. Honeycutt, Alamance County 

Manager, 124 West Elm Street, 

Graham, NC 27253.

April 22, 2011 ................. 370001 

Wake ................ City of Raleigh (10– 

04–1146P).

January 6, 2011; January 13, 

2011; The News & Observer.

The Honorable Charles Meeker, Mayor, 

City of Raleigh, P.O. Box 590, Raleigh, 

NC 27602.

May 13, 2011 ................. 370243 

Ohio: 

Lake .................. City of Painesville 

(10–05–6522P).

January 3, 2011; January 10, 

2011; The News-Herald.

Mr. Joseph Hada, Jr., President, Painesville City Council, 7 Richmond Street, 

P.O. Box 601, Painesville, OH 44077.

January 24, 2011 ........... 390319 

Lake .................. Unincorporated 

areas of Lake 

County (10–05– 

6522P).

January 3, 2011; January 10, 

2011; The News-Herald.

Mr. Raymond E. Sines, President, Lake 

County Board of Commissioners, 105 

Main Street, P.O. Box 490, Painesville, 

OH 44077.

January 24, 2011 ........... 390771 

Tennessee: Sumner City of Gallatin (10– 

04–4673P).

January 19, 2011; January 26, 

2011; The Gallatin Newspaper.

The Honorable Jo Ann Graves, Mayor, 

City of Gallatin, 132 West Main Street, 

Gallatin, TN 37066.

May 26, 2011 ................. 470185 


erowe on DSK5CLS3C1PROD with RULES
21662 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 30, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–9342 Filed 4–15–11; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1191] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 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 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Arizona: Maricopa ... Town of Cave 

Creek, (10–09– 

2786P).

February 17, 2011; February 

24, 2011; The Arizona Business Gazette.

The Honorable Vincent Francia, Mayor, 

Town of Cave Creek, 37622 Cave 

Creek Road, Cave Creek, AZ 85331.

June 24, 2011 ................ 040129 

California: 

Ventura ............. City of Camarillo, 

(10–09–2501P).

February 4, 2011; February 11, 

2011; The Ventura County 

Star.

The Honorable Mike Morgan, Mayor, City 

of Camarillo, 601 Carmen Drive, 

Camarillo, CA 93010.

June 13, 2011 ................ 065020 

Ventura ............. City of Moorpark, 

(10–09–2904P).

February 4, 2011; February 11, 

2011; The Ventura County 

Star.

The Honorable Janice S. Parvin, Mayor, 

City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021.

June 13, 2011 ................ 060712 

Ventura ............. Unincorporated 

areas of Ventura 

County, (10–09– 

2501P).

February 4, 2011; February 11, 

2011; The Ventura County 

Star.

Ms. Linda Parks, Chair, Ventura County 

Board of Supervisors, 800 South Victoria Avenue, Ventura, CA 93009.

June 13, 2011 ................ 060413 


erowe on DSK5CLS3C1PROD with RULES