36042 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Proposed Rules 

your entire comment—including your 

personal identifying information—may 

be made publicly available in the 

electronic docket for this rulemaking at 

http://www.regulations.gov. While you 

can ask us in your comment to withhold 

your personal identifying information 

from public review, we cannot 

guarantee that we will be able to do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4 p.m., M.D.T. on July 6, 2011. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

the hearing. If only one person 

expresses an interest, a public meeting 

rather than a hearing may be held, with 

the results included in the docket for 

this rulemaking. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a public 

hearing provide us with a written copy 

of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 950 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: May 9, 2011. 

Allen D. Klein, 

Director, Western Region. 

[FR Doc. 2011–15400 Filed 6–20–11; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2009–0443; FRL–9321–2] 

EPA Responses to State and Tribal 

2008 Lead Designation 

Recommendations: Notice of 

Availability and Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability and public 

comment period. 

SUMMARY: Notice is hereby given that 

the EPA has posted its responses to 

State and tribal designation 

recommendations for the 2008 Lead (Pb) 

National Ambient Air Quality Standards 

(NAAQS) on its Internet Web site. The 

EPA invites public comments on its 

responses during the comment period 

specified in the DATES section. The EPA 

sent responses directly to the states and 

tribes on or about June 15, 2011, and 

intends to make final designation 

determinations for the 2008 Pb NAAQS 

by October 14, 2011. 

DATES: Comments must be received on 

or before July 21, 2011. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2009– 

0443, by one of the following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ–OAR– 

2009–0443. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2009– 

0443. 

• Mail: Air Docket, Attention Docket 

ID No. EPA–HQ–OAR–2009–0443, 

Environmental Protection Agency, Mail 

Code: 6102T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

1301 Constitution Avenue, NW., Room 

3334, Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0443. The 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 or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be 

confidential business information 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 the 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 the 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, the 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 the EPA 

is unable to read your comment and 

cannot contact you for clarification due 

to technical difficulties, the 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 the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/ 

dockets.htm. For additional instructions 

on submitting comments, go to Section 

II of the SUPPLEMENTARY INFORMATION

section of this document. 

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, i.e., confidential 

business information 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 


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Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Proposed Rules 36043 

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 EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, please contact Rhonda Wright, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Air Quality Planning 

Division, C539–04, Research Triangle 

Park, NC 27711, telephone (919) 541– 

1087, e-mail at wright.rhonda@epa.gov. 

For questions regarding the EPA Region 

1, please contact Robert McConnell, 

U.S. EPA, telephone (617) 918–1046, email at mcconnell.robert@epa.gov. For 

questions regarding the EPA Region 2, 

please contact Mazeeda Khan, U.S. EPA, 

telephone (212) 637–3715, email at 

khan.mazeeda@epa.gov. For questions 

regarding the EPA Region 3, please 

contact Melissa Linden, U.S. EPA, 

telephone (215) 814–2096, e-mail at 

linden.melissa@epa.gov. For questions 

regarding the EPA Region 4, please 

contact Lynorae Benjamin, U.S. EPA, 

telephone (404) 562–9040, e-mail at 

benjamin.lynorae@epa.gov. For 

questions regarding the EPA Region 5, 

please contact Andy Chang, U.S. EPA, 

telephone (312) 886–0258, e-mail at 

chang.andy@epa.gov. For questions 

regarding the EPA Region 6, please 

contact Guy Donaldson, U.S. EPA, 

telephone (214) 665–7242, e-mail at 

donaldson.guy@epa.gov. For questions 

regarding the EPA Region 7, please 

contact Stephanie Doolan, U.S. EPA, 

telephone (913) 551–7719, e-mail at 

doolan.stephanie@epa.gov. For 

questions regarding the EPA Region 8, 

please contact Kevin Leone, U.S. EPA, 

telephone (303) 312–6227, e-mail at 

leone.kevin@epa.gov. For questions 

regarding the EPA Region 9, please 

contact Ginger Vagenas, U.S. EPA, 

telephone (415) 972–3964, e-mail at 

vagenas.ginger@epa.gov. For questions 

regarding the EPA Region 10, please 

contact Steve Body, U.S. EPA, telephone 

(206) 553–0782, e-mail at 

body.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Purpose 

The purpose of this notice is to solicit 

public comments from interested parties 

other than states and tribes on the EPA’s 

recent responses to the State and tribal 

designation recommendations for the 

2008 Pb NAAQS. These responses can 

be found on the EPA’s Internet Web site 

at http://www.epa.gov/leaddesignations 

and also in the public docket for Pb 

designations at Docket ID No. EPA–HQ– 

OAR–2009–0443. Clean Air Act (CAA) 

section 107(d) provides a process for 

designations that involves 

recommendations by states and tribes to 

the EPA and responses from the EPA to 

those parties, prior to the EPA 

promulgating final designations and 

boundaries. The EPA is not required 

under CAA section 107(d) to seek public 

comment during the designation 

process, but is electing to do so for the 

2008 Pb NAAQS in order to gather 

additional information for the EPA to 

consider before making final 

designations. The EPA invites public 

comment on its responses to states and 

tribes during the 30-day comment 

period provided in this notice. Due to 

the statutory timeframe for 

promulgating designations set out in 

CAA section 107(d), the EPA will not be 

able to consider any comments 

submitted after July 21, 2011. This 

notice and opportunity for public 

comment does not affect any rights or 

obligations of any state, tribe or the EPA 

which might otherwise exist pursuant to 

CAA section 107(d). 

Please refer to the ADDRESSES section 

in this document for specific 

instructions on submitting comments 

and locating relevant public documents. 

As required under CAA section 

107(d), the EPA has identified five areas 

as not meeting the 2008 Pb NAAQS and 

will be designating these areas as 

nonattainment. The EPA is proposing 

that all other areas be designated as 

unclassifiable/attainment. In 

establishing nonattainment area 

boundaries, the EPA is required to 

include any nearby area that is 

contributing to the area that does not 

meet that standard. We are particularly 

interested in receiving comments, 

supported by relevant information, if 

you believe that a specific geographic 

area that the EPA is proposing to 

identify as a nonattainment area should 

not be categorized by the CAA section 

107(d) criteria as nonattainment, or if 

you believe that a specific area not 

proposed by the EPA to be identified as 

a nonattainment area should in fact be 

categorized as nonattainment using the 

CAA section 107(d) criteria. Please be as 

specific as possible in supporting your 

views. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Instructions for Submitting Public 

Comments 

A. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting Confidential Business 

Information. 

Do not submit this information to the 

EPA through http://www.regulations.gov 

or e-mail. Clearly mark the part or all of 

the information that you claim to be 

confidential business information. For 

confidential business information in a 

disk or CD–ROM that you mail to the 

EPA, mark the outside of the disk or 

CD–ROM as confidential business 

information and then identify 

electronically within the disk or CD– 

ROM the specific information that is 

claimed as confidential business 

information. In addition to one 

complete version of the comment that 

includes information claimed as 

confidential business information, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: Roberto Morales, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Mail Code C404–02, 

Research Triangle Park, NC 27711, 

telephone (919) 541–0880, e-mail at 

morales.roberto@epa.gov, Attention 

Docket ID No. OAR–2009–0443. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

III. Background 

On October 15, 2008, the EPA 

substantially strengthened the primary 

NAAQS for Pb to provide increased 

protection against adverse health effects 

associated with exposure to Pb in at-risk 

groups, especially children. The revised 

primary NAAQS was lowered from the 

1.5 micrograms per cubic meter (μg/m3) 


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36044 Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Proposed Rules 

level set in 1978, to a level of 0.15 μg/ 

m3. To provide increased protection 

against Pb-related welfare effects, the 

EPA revised the secondary NAAQS to 

be identical in all respects to the revised 

primary NAAQS. The EPA also 

established new criteria for siting 

ambient Pb monitors and new data 

collection requirements. The EPA 

determined that the pre-existing 

ambient Pb monitoring network was 

inadequate for determining whether 

many areas are meeting the revised Pb 

NAAQS. Monitors meeting the new 

network siting requirements were to 

begin operation January 1, 2010. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in CAA 

section 107(d) (42 U.S.C. 7407). 

The CAA requires the EPA to 

complete the initial designation process 

within 2 years of promulgating a new or 

revised NAAQS. If the Administrator 

has insufficient information to make 

these designations, the EPA has the 

authority to extend the designation 

process by up to 1 year. In light of the 

new monitoring network, the EPA is 

completing the Pb designations in two 

rounds. In the first round, published on 

November 16, 2010, the EPA designated 

as ‘‘nonattainment’’ 16 areas as violating 

the 2008 Pb NAAQS based on data from 

the pre-2010 monitoring network. For 

all other areas, the EPA extended the 

deadline for designations by up to 1 

year so that data from the newly 

deployed monitors can be considered in 

making appropriate designation 

decisions. States previously submitted 

air quality recommendations including 

appropriate boundaries within 1 year of 

promulgation of the NAAQS (tribes are 

not required to submit 

recommendations, but the EPA 

encourages their participation in the 

designations process), as required by the 

CAA. They were given an opportunity 

to update their recommendation letters 

for those remaining areas for our 

consideration in the second round of 

designations by December 15, 2010. By 

no later than 120 days prior to 

promulgating designations, the EPA is 

required to notify states or tribes of any 

intended modification to an area 

designation or boundary 

recommendation that the EPA deems 

necessary. On or about June 15, 2011, 

the EPA notified states and tribes of its 

intended area designations for the 2008 

Pb NAAQS. States and tribes now have 

an opportunity to demonstrate why they 

believe a modification proposed by the 

EPA may be inappropriate. In these 

responses, the EPA has encouraged 

states and tribes to provide comments 

and additional information for 

consideration by the EPA in finalizing 

designations. The EPA intends to make 

final designation determinations for the 

2008 Pb NAAQS by October 14, 2011. 

IV. Internet Web Site for Rulemaking 

Information 

The EPA has also established a Web 

site for this rulemaking at http:// 

www.epa.gov/leaddesignations. The 

Web site includes the EPA’s State and 

tribal designation recommendations, 

information supporting the EPA’s 

preliminary designation decisions, as 

well as the rulemaking actions and other 

related information that the public may 

find useful. 

Dated: June 15, 2011. 

Mary Eileen Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2011–15415 Filed 6–20–11; 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; Internal 

Agency Docket No. FEMA–B–1197] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this proposed rule is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or to show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before September 19, 2011. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is available for inspection at 

the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1197, 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) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

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 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. 

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. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

National Environmental Policy Act. 

This proposed 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 


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