82272 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 

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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 111(d)/ 

129 Plan is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 28, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: November 8, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 62, subpart K, is amended 

as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart K—Florida 

■ 2. Section 62.2355 is revised to read 

as follows: 

§ 62.2355 Identification of sources. 

(a) The plan applies to existing 

facilities with a municipal waste 

combustor (MWC) unit capacity greater 

than 250 tons per day of municipal solid 

waste (MSW), and for which 

construction, reconstruction, or 

modification was commenced on or 

before July 12, 2007. 

(b) On July 12, 2007, Florida 

submitted a revised State plan and 

related Florida Administrative Code 

amendments as required by 40 CFR part 

60, subpart Cb, amended on May 10, 

2006. 

(c) The plan is effective as of May 31, 

2007. 

[FR Doc. 2010–32971 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1162] 

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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 82273 

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. 

Arkansas: Benton .... City of Bentonville 

(09–06–3053P).

July 30, 2010; August 6, 2010; 

The Benton County Daily 

Record.

The Honorable Bob McCaslin, Mayor, 

City of Bentonville, 117 West Central 

Avenue, Bentonville, AR 72712.

December 6, 2010 .......... 050012 

Oklahoma: Tulsa ..... City of Tulsa (10– 

06–2150P).

August 6, 2010; August 13, 

2010; The Tulsa World.

The Honorable Dewey Bartlett, Mayor, 

City of Tulsa, 175 East 2nd Street, 

Suite 690, Tulsa, OK 74103.

July 30, 2010 .................. 405381 

Pennsylvania: Montgomery.Township of Upper 

Merion (10–03– 

0510P).

July 23, 2010; July 30, 2010; 

The Times Herald.

Mr. Ronald Wagenmann, Upper Merion 

Township Manager, 175 West Valley 

Forge Road, King of Prussia, PA 19406.

July 16, 2010 .................. 420957 

Texas: 

Potter and Randall.City of Amarillo (10– 

06–2283P).

August 20, 2010; August 26, 

2010; The Amarillo GlobeNews.

The Honorable Debra McCartt, Mayor, 

City of Amarillo, P.O. Box 1971, Amarillo, TX 79105.

August 13, 2010 ............. 480529 

Brazoria ............ Unincorporated 

areas of Brazoria 

County (10–06– 

1185P).

August 9, 2010; August 16, 

2010; The Facts.

The Honorable Joe King, Brazoria County 

Judge, 111 East Locust Street, 

Angleton, TX 77515.

August 26, 2010 ............. 485458 

Williamson ........ City of Cedar Park 

(09–06–3455P).

September 9, 2010; September 

16, 2010; The Hill Country 

News.

The Honorable Bob Lemon, Mayor, City 

of Cedar Park, 600 North Bell Boulevard, Cedar Park, TX 78613.

January 14, 2011 ........... 481282 

Tarrant .............. City of Fort Worth 

(10–06–1675P).

July 13, 2010; July 20, 2010; 

The Fort Worth Star-Telegram.

The Honorable Michael J. Moncrief, 

Mayor, City of Fort Worth, 1000 

Throckmorton Street, Fort Worth, TX 

76102.

November 17, 2010 ........ 480596 

Harris ................ Unincorporated 

areas of Harris 

County (10–06– 

0320P).

September 7, 2010; September 

14, 2010; The Houston 

Chronicle.

The Honorable Ed Emmett, Harris County 

Judge, 1001 Preston Street, Suite 911, 

Houston, TX 77002.

January 12, 2011 ........... 480287 

Johnson ............ Unincorporated 

areas of Johnson 

Countyn (10–06– 

0427P).

July 20, 2010; July 27, 2010; 

The Fort Worth Star-Telegram.

The Honorable Roger Harmon, Johnson 

County Judge, 2 Main Street, Cleburne, 

TX 76033.

November 24, 2010 ........ 480879 

Johnson ............ City of Mansfield 

(10–06–0427P).

July 20, 2010; July 27, 2010; 

The Fort Worth Star-Telegram.

The Honorable David Cook, Mayor, City 

of Mansfield, 1200 East Broad Street, 

Mansfield, TX 76063.

November 24, 2010 ........ 480606 

Brazoria ............ City of Manvel (10– 

06–1185P).

August 9, 2010; August 16, 

2010; The Alvin Sun.

The Honorable Delores Martin, Mayor, 

City of Manvel, P.O. Box 187, Manvel, 

TX 77578.

August 26, 2010 ............. 480076 

Tarrant .............. City of North Richland Hills (10–06– 

1011P).

August 4, 2010; August 11, 

2010; The Fort Worth StarTelegram.

The Honorable Oscar Trevino, Mayor, 

City of North Richland Hills, 7301 

Northeast Loop 820, North Richland 

Hills, TX 76180.

July 28, 2010 .................. 480607 

Comal ............... City of Schertz (09– 

06–3497P).

August 23, 2010; August 30, 

2010; The Daily Commercial 

Recorder.

The Honorable Harold D. Baldwin, Mayor, 

City of Schertz, 1400 Schertz Parkway, 

Schertz, TX 78154.

August 13, 2010 ............. 480269 

Tarrant .............. City of Watauga 

(09–06–3519P).

June 8, 2010; June 15, 2010; 

The Fort Worth Star-Telegram.

The Honorable Henry Jeffries, Mayor, 

City of Watauga, 7105 Whitley Road, 

Watauga, TX 76148.

October 13, 2010 ........... 480613 

Collin ................ City of Wylie (10– 

06–1838P).

August 25, 2010; September 1, 

2010; The Wylie News.

The Honorable Eric Hogue, Mayor, City of 

Wylie, 2000 State Highway 78 North, 

Wylie, TX 75098.

December 30, 2010 ........ 480759 


srobinson on DSKHWCL6B1PROD with RULES
82274 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 3, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–32899 Filed 12–29–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1146] 

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. 

Alabama: Cullman ... City of Cullman (10– 

04–0559P).

June 1, 2010; June 8, 2010; 

The Cullman Times.

The Honorable Max A. Towson, Mayor, 

City of Cullman, 204 2nd Avenue, 

Cullman, AL 35055.

October 6, 2010 ............. 010209 

Colorado: 

Gunnison .......... City of Gunnison 

(09–08–0466P).

June 10, 2010; June 17, 2010; 

The Gunnison Country 

Times.

The Honorable Stu Ferguson, Mayor, City 

of Gunnison, 201 West Virginia Avenue, Gunnison, CO 81230.

October 15, 2010 ........... 080080 

Gunnison .......... Unincorporated 

areas of Gunnison 

County (09–08– 

0466P).

June 10, 2010; June 17, 2010; 

The Gunnison Country 

Times.

The Honorable Paula Swenson, Chairperson, Gunnison County Board of 

Commissioners, 200 East Virginia Avenue, Suite 104, Gunnison, CO 81230.

October 15, 2010 ........... 080078 

Weld ................. Town of Miliken (09– 

08–0927P).

June 18, 2010; June 25, 2010; 

The Tribune.

The Honorable L. Jane Lichtfuss, Mayor, 

Town of Milliken, P.O. Box 290, 

Milliken, Colorado 80543.

October 25, 2010 ........... 080187 


srobinson on DSKHWCL6B1PROD with RULES