64162 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

1An exceedance is defined as a daily value that 

is above the level of the 24-hour standard (150 μg/ 

m3) after rounding to the nearest 10 μg/m3 (i.e. 

values ending in 5 or greater are to be rounded up). 

Thus, a recorded value of 154 μg/m3 would not be 

an exceedance since it would be rounded to 150μ/ 

m3 whereas a recorded value of 155 μg/m3 would 

be an exceedance since it would be rounded to 160 

μ/m3. See 40 CFR part 50, appendix K, section 1.0. 

NR 428.25(1)(b) to (d), NR 428.25(2), NR 

428.25(3)(a), and NR 428.25(3)(c) as 

published in the Wisconsin 

Administrative Register, on July 30, 

2007, No. 619, effective August 1, 2007. 

(2) NR 428.25(1)(a)1.a. and c. and 

(3)(b) as published in the Wisconsin 

Administrative Register on August 30, 

2009, No. 644, effective September 1, 

2009. 

(N) NR 428.26 Utility reliability 

waiver. NR 428.26 as published in the 

Wisconsin Administrative Register, on 

July 30, 2007, No. 619, effective August 

1, 2007. 

(ii) Additional material. 

(A) NR 484.04 Code of federal 

regulations appendices. NR 428.04(13), 

(15m), (16m), (21m), (26m)(bm), 

(26m)(d) and (27) as published in the 

Wisconsin Administrative Register, on 

July 30, 2007, No. 619, effective August 

1, 2007. 

[FR Doc. 2010–26256 Filed 10–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[Docket EPA–R10–OAR–2010–0433; FRL– 

9214–7] 

Determination of Attainment for PM10: 

Eagle River PM10 Nonattainment Area, 

AK 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA has determined that the 

Eagle River nonattainment area in 

Alaska attained the National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10) as of 

December 31, 1994. 

DATES: This rule is effective on 

December 20, 2010, without further 

notice, unless EPA receives adverse 

comment by November 18, 2010. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2010–0433, by any of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: vaupel.claudia@epa.gov. 

• Mail: Claudia Vergnani Vaupel, 

EPA Region 10, Office of Air, Waste and 

Toxics, AWT–107, 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Claudia 

Vergnani Vaupel, Office of Air, Waste 

and Toxics, AWT–107. Such deliveries 

are only accepted during normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2010– 

0433. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., 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. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Vergnani Vaupel at telephone 

number: (206) 553–6121, e-mail address: 

vaupel.claudia@epa.gov, or the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. Information is organized as 

follows: 

Table of Comments 

I. Background 

A. PM10 Standard 

B. The Eagle River PM10 Nonattainment 

Area 

C. Attainment Date for the Eagle River 

PM10 Nonattainment Area 

D. PM10 Planning in the Eagle River PM10

Nonattainment Area 

II. Attainment Determination 

A. What are the requirements for 

attainment determinations? 

B. What do the air quality data show as of 

the December 31, 1994 attainment date? 

C. What do more recent air quality data 

show? 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. PM10 Standard 

The NAAQS are levels for certain 

ambient air pollutants set by EPA to 

protect public health and welfare. PM10, 

or particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers, is among 

the ambient air pollutants for which 

EPA has established health-based 

standards. On July 1, 1987 (52 FR 

24634), EPA promulgated two primary 

standards for PM10: A 24-hour standard 

of 150 micrograms per cubic meter 

(μg/m3) and an annual PM10 standard of 

50 μg/m3. EPA also promulgated 

secondary PM10 standards that were 

identical to the primary standards. 

Effective December 18, 2006, EPA 

revoked the annual PM10 standard but 

retained the 24-hour PM10 standard. 71 

FR 61144 (October 17, 2006). The 24- 

hour PM10 standard is attained when the 

expected number of days per calendar 

year with a 24-hour concentration above 

154 μg/m3, as determined in accordance 

with 40 CFR part 50, appendix K, is 

equal to or less than one.1 40 CFR 50.6 

and 40 CFR part 50, appendix K. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64163 

2EPA promulgated amendments to the ambient 

air monitoring regulations in 40 CFR parts 53 and 

58 on October 17, 2006. See 71 FR 61236. The 

requirements for Special Purpose Monitors were 

revised and moved from 40 CFR 58.14 to 40 CFR 

58.20. 

3To meet data completeness criteria, missing data 

in the first quarter of 1994 was substituted 

according to EPA guidance. See ‘‘PM10 SIP 

Development Guideline’’ (EPA–450/2–86–001, June 

1987), ‘‘Guideline on Exceptions to Data 

Requirements for Determining Attainment of 

Particulate Matter Standards’’ (EPA–450 4–87–005, 

April 1987), and the data completeness discussion 

in the Memorandum from Chris Hall entitled ‘‘Eagle 

River PM10 Attainment Determination,’’ (October 5, 

2010). 

4‘‘Guideline on the Identification and Handling of 

Ambient Air Quality Data Affected by Special 

Events or Special Conditions’’ (EPA–454/D–94–001, 

September, 1994). 

B. The Eagle River PM10 Nonattainment 

Area 

On August 7, 1987 (52 FR 29383), 

EPA identified a number of areas across 

the country as PM10 ‘‘Group I’’ areas of 

concern, that is, areas with a 95% or 

greater likelihood of violating the PM10

NAAQS and requiring substantial 

planning efforts. The Eagle River PM10

nonattainment area was identified as a 

Group I area of concern. 

Areas meeting the requirements of 

section 107(d)(4)(B) were designated 

nonattainment for PM10 by operation of 

law and classified ‘‘moderate’’ upon 

enactment of the 1990 Clean Air Act 

Amendments. See generally 42 U.S.C. 

7407(d)(4)(B). These areas included all 

former Group I PM10 planning areas 

identified in 52 FR 29383 (August 7, 

1987), and further clarified in 55 FR 

45799 (October 31, 1990), and any other 

areas violating the NAAQS for PM10

prior to January 1, 1989. A Federal 

Register notice announcing the areas 

designated nonattainment for PM10

upon enactment of the 1990 Clean Air 

Act Amendments, known as ‘‘initial’’ 

PM10 nonattainment areas, was 

published on March 15, 1991 (56 FR 

11101). The Eagle River PM10

nonattainment area was one of these 

initial moderate PM10 nonattainment 

areas. 

C. Attainment Date for the Eagle River 

PM10 Nonattainment Area 

All initial moderate PM10

nonattainment areas had the same 

applicable attainment date of December 

31, 1994. States containing initial 

moderate PM10 nonattainment areas 

were required to develop and submit to 

EPA by November 15, 1991, a state 

implementation plan (SIP) revision 

providing implementation of reasonably 

available control measures (RACM), 

including reasonably available control 

technology (RACT), and a 

demonstration of whether attainment of 

the PM10 NAAQS by the December 31, 

1994, attainment date was practicable. 

See section 189(a). 

D. PM10 Planning in the Eagle River 

PM10 Nonattainment Area 

After the Eagle River PM10

nonattainment area was designated 

nonattainment for PM10, the Alaska 

Department of Environmental 

Conservation (ADEC) began in the early 

1990s to prepare the technical elements 

needed to bring the area into attainment 

and meet the planning requirements of 

title I of the CAA. Based on these 

technical products ADEC, developed 

and implemented control measures on 

PM10 sources in the Eagle River PM10

nonattainment area. The State submitted 

these control measures to EPA on 

October 15, 1991, as a moderate PM10

nonattainment SIP revision under 

section 189(a) of the Act. The control 

strategy focused on implementing road 

surfacing and paving projects to reduce 

fugitive dust from paved and unpaved 

streets and windblown dust. EPA took 

final action to approve the State’s 

moderate PM10 SIP on August 13, 1993. 

See 58 FR 43084. 

II. Attainment Determination 

A. What are the requirements for 

attainment determinations? 

Generally, EPA determines whether 

an area’s air quality is meeting the PM10

NAAQS based upon complete, qualityassured data gathered at established 

state and local air monitoring stations 

(SLAMS) and national air monitoring 

stations (NAMS) in the nonattainment 

areas and entered into the EPA Air 

Quality System (AQS). Data from air 

monitors operated by state/local/tribal 

agencies in compliance with EPA 

monitoring requirements must be 

submitted to AQS. EPA relies primarily 

on data in AQS when determining the 

attainment status of an area. See 40 CFR 

50.6; 40 CFR part 50, appendix J; 40 

CFR part 53; 40 CFR part 58, appendix 

A. EPA will also consider air quality 

data from other air monitoring stations 

in the nonattainment area provided that 

the stations meet the Federal monitoring 

requirements for SLAMS, including the 

quality assurance and quality control 

criteria in 40 CFR part 58, appendix A. 

40 CFR 58.14 (2006) and 58.20 (2007); 2

71 FR 61236, 61242 (October 17, 2006). 

All valid data are reviewed to determine 

the area’s air quality status in 

accordance with 40 CFR part 50, 

appendix K. 

Attainment of the 24-hour PM10

standard is determined by calculating 

the expected number of exceedances of 

the standard in a year. The 24-hour 

standard is attained when the expected 

number of days per calendar year with 

a 24-hour concentration above 154 μg/ 

m3, as determined in accordance with 

40 CFR part 50, appendix K, is less than 

or equal to one. Generally, three 

consecutive years of air quality data are 

required to show attainment of the 24- 

hour PM10 standard. See 40 CFR part 50 

and appendix K. 

B. What do the air quality data show as 

of the December 31, 1994 attainment 

date? 

Because the Eagle River PM10

nonattainment area has a December 31, 

1994, attainment date, our 

determination of whether or not the area 

attained the standard is based on 1992, 

1993 and 1994 complete quality-assured 

data for the area. During that period, the 

State of Alaska operated two PM10

SLAMS monitoring sites within the 

Eagle River nonattainment area: the 

Parkgate site and the Baronoff site. Both 

monitoring sites met EPA SLAMS 

network design and siting requirements 

set forth at 40 CFR part 58, appendices 

D and E. The Parkgate site began 

operation in 1985 and continues to 

operate. The Baronoff site began 

operating in May of 1992 and ceased 

operation in 1996. 

Parkgate Site 

Our review of complete qualityassured air quality data from the 

Parkgate site for the period from January 

1, 1992 through December 31, 1994, 

shows that one 24-hour PM10 value, 

reported on September 16, 1992, 

exceeded the level of the 24-hour 

standard.3 This 24-hour value was 

flagged by ADEC in AQS as a special 

event due to a volcanic eruption. Under 

EPA’s 1994 guidance,4 data may be 

excluded from regulatory 

determinations related to exceedances 

or violations of the NAAQS if it is 

adequately demonstrated that a special 

event caused the exceedance or 

violation. EPA concurred on this 

exceedance as a special event in a letter 

to ADEC on May 24, 1995. 

Consequently, this value is excluded 

from expected exceedance calculations. 

Because there was no other recorded 

exceedance of the 24-hour PM10

standard during calendar years 1992– 

1994, the expected PM10 exceedance 

rate for the 1992–1994 period at the 

Parkgate site is 0.0. Therefore, the 

Parkgate site has demonstrated 

attainment for the 24-hour PM10


emcdonald on DSK2BSOYB1PROD with RULES
64164 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

5Because data for the 1st quarter 1992 was less 

than 50% complete, the substitution guidance used 

for the Parkgate site was not used for this site. 

6Based on the available data, the site does not 

show a violation of the 24-hour PM10 NAAQS. See 

40 CFR part 50, appendix K, section 2.3(c). 

7Note that ADEC has recently advised EPA of an 

exceedance in September 2010 that they also intend 

to flag as a high wind exceptional event. 

NAAQS as of the attainment date of 

December 31, 1994. 

Additionally, we evaluated expected 

exceedances for the three-year period 

prior to and after the attainment date. 

Because other than the September 1992 

special event, no other exceedance was 

recorded during calendar years 1991 

through 1997, the Parkgate site has also 

demonstrated attainment of the 24-hour 

PM10 NAAQS for calendar years 1991– 

1993, 1993–1995, 1994–1996, and 1995– 

1997. 

Baronoff Monitoring Site 

EPA also reviewed the data from the 

Baronoff site, the other SLAMS site in 

the Eagle River PM10 nonattainment area 

that was operating during the 1992– 

1994 period. Because this monitor began 

operating on May 27, 1992, and did not 

operate for one full quarter during the 

1992–1994 period, the data from this 

monitor cannot be used for making a 

determination of attainment for the 

1992–1994 period.5 Even so, we can 

evaluate whether the data from this 

monitor show that the Eagle River PM10

nonattainment area failed to attain for 

the 1992–1994 period. Although the 

Baronoff site recorded three 

exceedances of the 24-hour PM10

NAAQS in the 1992–1994 period (all in 

1992), these values were flagged by 

ADEC as special events due to a 

volcanic eruption. EPA concurred on 

the flagged exceedances in a May 24, 

1995, letter to ADEC and thus these 

values are excluded from the expected 

exceedance calculations. Outside of 

these flagged exceedances there has 

been no other exceedance of the 24-hour 

PM10 standard at the Baronoff site from 

May 27, 1992 through December 31, 

1994 (nor through October 1, 1996, 

when the monitor ceased operation). We 

therefore conclude that data from the 

Baronoff site does not show the Eagle 

River PM10 nonattainment area failed to 

attain the PM10 standard by the 

December 31, 1994, attainment date.6

C. What does more recent air quality 

data show? 

Although the attainment date for the 

Eagle River PM10 nonattainment area is 

December 31, 1994, and the air quality 

data used to determine attainment by 

that date includes all data collected in 

calendar years 1992, 1993, and 1994, 

EPA has also reviewed the air quality 

data collected at the State monitoring 

sites from January 1992 through the 

most recent available data in AQS. The 

Parkgate site recorded one exceedance 

of the standard in each of the years 2007 

and 2009. These exceedances were 

timely flagged by ADEC as exceptional 

events due to high winds and will be 

evaluated by EPA under the Exceptional 

Events Rule and addressed in a separate 

action.7 Under the Exceptional Events 

Rule, EPA may exclude data from 

regulatory determinations related to 

exceedances or violations of the NAAQS 

if it is adequately demonstrated that an 

exceptional event caused the 

exceedance or violation. 40 CFR 50.1, 

50.14. If in the future EPA determines, 

after notice-and-comment rulemaking, 

that the area is no longer attaining the 

PM10 NAAQS, EPA will publish such 

determination in the Federal Register. 

III. EPA’s Final Action 

EPA is determining that the Eagle 

River area has attained the PM10

standard based on the three years of 

complete, quality-assured data as of the 

attainment date of December 31, 1994. 

For the period from 1992–1994, the 

expected exceedance rate of 0.0 for the 

Parkgate site is equal to or less than the 

expected exceedance rate of 1.0 that is 

allowed under the PM10 NAAQS. 

Because complete quality-assured data 

for this period show an expected 

exceedance rate equal to or below the 

PM10 standard, EPA concludes that the 

area has met the standard. EPA therefore 

determines that the Eagle River 

nonattainment area has attained the 24- 

hour PM10 NAAQS as of the December 

31, 1994, attainment date. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this 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 Clean Air Act; 

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 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. 

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). 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64165 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 20, 

2010. 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 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: October 7, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–26258 Filed 10–18–10; 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: Roy 

E. Wright, Deputy Director, Risk 

Analysis Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@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 

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 

Marion County, Alabama, and Incorporated Areas 

Docket No.: FEMA–B–1041 

Unnamed Tributary to Reddy 

Creek.

At the confluence with Reedy Creek .................................. +458 Town of Gu-Win. 


emcdonald on DSK2BSOYB1PROD with RULES