78926 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

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 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

rule will be effective on January 18, 

2011. 

List of Subjects 

40 CFR Part 261 

Hazardous waste, Recycling, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 268 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 302 

Air pollution control, Chemicals, 

Hazardous substances, Hazardous 

waste, Intergovernmental relations, 

Natural resources, Reporting and record 

keeping requirements, Superfund, Water 

pollution control, Water supply. 

Dated: December 13, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y) and 6938. 

§ 261.33 [Amended] 

■ 2. Section 261.33 is amended by 

removing the entries for the U202 

hazardous waste in the table under 

paragraph (f). 

Appendix VIII [Amended] 

■ 3. Appendix VIII to part 261 is 

amended by removing the entries for 

‘‘Saccharin’’ and ‘‘Saccharin salts’’ from 

the table ‘‘Hazardous Constituents.’’ 

PART 268—LAND DISPOSAL 

RESTRICTIONS 

■ 4. The authority citation for part 268 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

and 6924. 

§ 268.40 [Amended] 

■ 5. Section 268.40 is amended by 

removing the entry for waste code U202 

from the table ‘‘Treatment Standards for 

Hazardous Wastes.’’ 

Appendix VII [Amended] 

■ 6. Appendix VII to part 268 is 

amended by removing the entry for 

waste code U202 from Table 1, 

‘‘Effective Dates of Surface Disposed 

Wastes (Non-Soil and Debris) Regulated 

in the LDRs—Comprehensive List.’’ 

PART 302—DESIGNATION, 

REPORTABLE QUANTITIES, AND 

NOTIFICATION 

■ 7. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 9602, 9603, and 9604; 

33 U.S.C. 1321 and 1361. 

§ 302.4 [Amended] 

■ 8. Section 302.4 is amended as 

follows: 

■ a. By removing the entry for ‘‘1,2- 

Benzisothiazol-3(2H)-one, 1,1-dioxide, & 

salts’’ from Table 302.4. 

■ b. By removing the entry for 

‘‘Saccharin, & salts’’ from Table 302.4. 

■ c. By removing the entry for ‘‘81072 

Saccharin, & salts. 1,2-Benzisothiazol3(2H)-one, 1,1-dioxide, & salts’’ from 

Appendix A to § 302.4. 

[FR Doc. 2010–31773 Filed 12–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) luis.

rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78927 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

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

Reorganization Plan No. 3 of 1978, 3 CFR, 

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

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

Modified 

Communities affected 

Butler County, Ohio, and Incorporated Areas Docket No.: FEMA–B–1075 

Dicks Creek .............................. Approximately 500 feet upstream of Main Street ............... +631 City of Middletown, City of 

Monroe, Unincorporated 

Areas of Butler County. 

Approximately 1,270 feet upstream of Cincinnati-Dayton 

Road.

+660 

Elk Creek .................................. Approximately 0.7 mile downstream of Howe Road ........... +648 City of Trenton. 

Approximately 0.5 mile downstream of Howe Road ........... +654 

Four Mile Creek ........................ Approximately 0.7 mile upstream of Seven Mile Avenue ... +600 Village of New Miami. 

Approximately 0.8 mile upstream of Seven Mile Avenue ... +601 

Four Mile Creek ........................ Approximately 1,250 feet upstream of Bonham Road ........ +796 City of Oxford. 

GM Ditch ................................... At the confluence with Pleasant Run .................................. +596 City of Fairfield. 

Approximately 1,200 feet upstream of Symmes Road ....... +605 

Great Miami River ..................... Approximately 1.4 mile upstream of the confluence with 

Gregory Creek.

+626 City of Trenton. 

Great Miami River ..................... Approximately 0.5 mile downstream of State Route 73 ..... +637 City of Middletown. 

Approximately 1.5 mile upstream of State Route 4 ............ +661 

Jackson Ditch ........................... Approximately 1,000 feet downstream of Wehr Road ........ +627 Unincorporated Areas of Butler County. 

Approximately 1,840 feet upstream of Trenton Road ......... +649 

Jackson Ditch East Fork ........... At the confluence of Jackson Ditch East Branch of East 

Fork with Jackson Ditch East Fork.

+701 Unincorporated Areas of Butler County. 

Approximately 110 feet upstream of Howe Road ............... +750 

Jackson Ditch East Fork ........... At the confluence with Jackson Ditch ................................. +651 City of Trenton, Unincorporated Areas of Butler 

County. 

Approximately 80 feet upstream of Howe Road ................. +756 

Jackson Ditch West Fork .......... At the confluence with Jackson Ditch ................................. +651 Unincorporated Areas of Butler County. 

Approximately 130 feet upstream of Howe Road ............... +807 

Mill Creek .................................. Just downstream of Seward Road ...................................... +606 City of Hamilton. 

Approximately 190 feet upstream of Seward Road ............ +609 

Millers Creek ............................. Approximately 500 feet downstream of the railroad ........... +652 City of Middletown. 

Approximately 400 feet downstream of Cincinnati-Dayton 

Road.

+654 

Pleasant Run ............................ Just upstream of Groh Lane ............................................... +566 City of Fairfield. 

Just downstream of East River Road ................................. +584 

Just upstream of Niles Road ............................................... +598 

Just upstream of John Gray Road ...................................... +665 

Pleasant Run Branch No. 4 ...... At the confluence with Pleasant Run .................................. +610 City of Fairfield. 

Just upstream of Resor Road ............................................. +634 

Shakers Creek .......................... At the confluence with Dick Creek ...................................... +650 City of Middletown. 

Just downstream of Cincinnati-Dayton Road ...................... +654 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Fairfield 

Maps are available for inspection at 5350 Pleasant Avenue, Fairfield, OH 45014. 


srobinson on DSKHWCL6B1PROD with RULES
78928 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

Modified 

Communities affected 

City of Hamilton 

Maps are available for inspection at 20 High Street, Hamilton, OH 45011. 

City of Middletown 

Maps are available for inspection at 1 Donham Plaza, Middletown, OH 45042. 

City of Monroe 

Maps are available for inspection at 233 South Main Street, Monroe, OH 45050. 

City of Oxford 

Maps are available for inspection at 101 East High Street, Oxford, OH 45056. 

City of Trenton 

Maps are available for inspection at 11 East State Street, Trenton, OH 45067. 

Unincorporated Areas of Butler County 

Maps are available for inspection at 130 High Street, 3rd Floor, Hamilton, OH 45011. 

Village of New Miami 

Maps are available for inspection at 268 Whitaker Avenue, Hamilton, OH 45011. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 10, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–31666 Filed 12–16–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 45 

[Docket No. USCG–1998–4623] 

RIN 1625–AA17 

Limited Service Domestic Voyage Load 

Lines for River Barges on Lake 

Michigan, Delay of Effective Date 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of delay of effective date 

and reopening of the comment period. 

SUMMARY: The Coast Guard announces 

that it is delaying the effective date of 

certain revisions in 46 CFR part 45 as 

amended by the final rule published in 

the November 18, 2010, Federal 

Register (75 FR 70595), and soliciting 

comments on those amendments. 

DATES: Effective Date. This action is 

effective December 20, 2010. The 

effective date of revisions to 46 CFR 

Table 45.171, § 45.187, and § 45.191(a), 

as revised in the final rule published in 

the November 18, 2010, Federal 

Register (75 FR 70595) is delayed until 

June 15, 2011. All other provisions of 

the final rule are effective on December 

20, 2010. 

Comment Period. Comments must be 

received at the address provided below 

no later than January 18, 2011. 

Comments are limited to the subject 

matter described below. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

1998–4623 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Comments and material received from 

the public, as well as documents 

mentioned in this preamble as being 

available in the docket, are part of 

docket USCG–1998–4623 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–1998–4623 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Thomas Jordan, Office of 

Design and Engineering Standards, 

Naval Architecture Division (CG–5212), 

Coast Guard; telephone 202–372–1370, 

e-mail Thomas.D.Jordan@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Ms. Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

On November 18, 2010, the Coast 

Guard published a final rule (75 FR 

70595) regarding special load line 

regimes for certain river barges 

operating on Lake Michigan. This rule 

finalized interim regulations that have 

been in effect since 2002, with some 

changes. The final regulations are 

scheduled to go into effect on December 

20, 2010. For reasons explained herein, 

we are extending the effective date of 

the revised weather restrictions (found 

in 46 CFR Table 45.171, § 45.187, and 

§ 45.191(a) of the final rule) for 6 

months and requesting public comment 

on that provision. 

United States vessels operating on 

Lake Michigan are normally required to 

have a load line assignment. River 

barges do not typically qualify for load 

line assignment because their hull 

construction is not robust enough for 

unrestricted operations on the Great 


srobinson on DSKHWCL6B1PROD with RULES