28612 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

pastry and confectionery, ices; honey, 

treacle; yeast, baking-powder; salt, 

mustard; vinegar, sauces (condiments); 

spices; ice. 

31. Agricultural, horticultural and 

forestry products and grains not 

included in other classes; live animals; 

fresh fruits and vegetables; seeds, 

natural plants and flowers; foodstuffs 

for animals, malt. 

32. Beers; mineral and aerated waters 

and other non-alcoholic drinks; fruit 

drinks and fruit juices; syrups and other 

preparations for making beverages. 

33. Alcoholic beverages (except 

beers). 

34. Tobacco; smokers’ articles; 

matches. 

Services 

35. Advertising; business 

management; business administration; 

office functions. 

36. Insurance; financial affairs; 

monetary affairs; real estate affairs. 

37. Building construction; repair; 

installation services. 

38. Telecommunications. 

39. Transport; packaging and storage 

of goods; travel arrangement. 

40. Treatment of materials. 

41. Education; providing of training; 

entertainment; sporting and cultural 

activities. 

42. Scientific and technological 

services and research and design 

relating thereto; industrial analysis and 

research services; design and 

development of computer hardware and 

software. 

43. Services for providing food and 

drink; temporary accommodation. 

44. Medical services; veterinary 

services; hygienic and beauty care for 

human beings or animals; agriculture, 

horticulture and forestry services. 

45. Legal services; security services 

for the protection of property and 

individuals; personal and social services 

rendered by others to meet the needs of 

individuals. 

Dated: May 16, 2007. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property, and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E7–9764 Filed 5–21–07; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2005–0159; FRL–8316–5] 

RIN 2060–AN40 

Final Rule on the Treatment of Data 

Influenced by Exceptional Events; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting Amendments. 

SUMMARY: The EPA issued a final rule 

on March 22, 2007, entitled ‘‘Treatment 

of Data Influenced by Exceptional 

Events.’’ The rule governs the review 

and handling of air quality monitoring 

data determined to be influenced by 

exceptional events. This document 

makes minor corrections to language 

contained in the regulatory text for the 

rule. 

EFFECTIVE DATE: This document is 

effective on May 22, 2007. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding these corrections, 

contact Mr. Larry Wallace, U.S. 

Environmental Protection Agency, 

Office of Air Quality Planning and 

Standards, Mail Code C539–02, 

Research Triangle Park, NC 27711, 

phone number (919) 541–0906 or by 

e-mail at: wallace.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The EPA issued the final rule on ‘‘The 

Treatment of Data Influenced by 

Exceptional Events’’ on March 22, 2007, 

72 FR 13560. 

Need for Correction 

As published, the final regulations 

contain errors which may prove to be 

misleading and are in need of 

clarification. EPA finds that there is 

good cause to make these corrections 

without providing for notice and 

comment, and for making these 

corrections effective immediately upon 

publication, because neither notice or 

comment, nor a delayed effective date, 

is necessary and would not be in the 

public interest due to the nature of the 

corrections which are minor, technical, 

and non-controversial. 

The final action, without notice and 

comment, and the immediate effective 

date for this action is authorized under 

5 U.S.C. 553(d)(3)(B) and 553(d)(3) 

which allows an effective date less than 

30 days after publication if ‘‘as 

otherwise provided by the agency for 

cause found and published with the 

rule.’’ As indicated above, the final rule 

on Exceptional Events was published 

after notice and comment on March 22, 

2007 and becomes effective on May 21, 

2007, 60 days from publication. Thus, 

additional notice and comment for these 

minor technical corrections is 

unnecessary under 5 U.S.C. 553(b)(3)(B) 

and EPA finds that good cause exists for 

these corrections to become effective 

immediately. 

Corrections of Rule 

In the final rule for ‘‘The Treatment of 

Data Influenced by Exceptional Events’’, 

72 FR 13560, March 22, 2007, correction 

is being made to the regulatory text of 

the rule beginning at 40 CFR 50.14(c) 

and to the title of 40 CFR part 51. This 

action makes a correction under the 

section entitled ‘‘Treatment of air 

quality monitoring data influenced by 

exceptional events.’’ Under § 50.14(c)(2) 

entitled ‘‘Schedules and procedures’’, 

‘‘Flagging of data’’, change subsection (i) 

to remove the reference to 40 CFR 58.16 

and to read as follows: 

(i) A State shall notify EPA of its intent to 

exclude one or more measured exceedances 

of an applicable ambient air quality standard 

as being due to an exceptional event by 

placing a flag in the appropriate field for the 

data record of concern which has been 

submitted to the AQS database. 

The final correction being made to the 

rule begins on page 13581, column two. 

Change the title of the section to read as 

follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS’’

Dated: May 15, 2007. 

Stephen L. Johnson, 

Administrator. 

■ In consideration of the foregoing, the 

Environmental Protection Agency 

amends 40 CFR parts 50 and 51 as 

follows: 

PART 50—NATIONAL PRIMARY AND 

SECONDARY AMBIENT AIR QUALITY 

STANDARDS 

■ 1. The authority citation for part 50 

continues to read as follows: 

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

■ 2. Section 50.14 (c)(2)(i) is revised to 

read as follows: 

§ 50.14 Treatment of air quality monitoring 

data influenced by exceptional events. 

* * * * * 

(c) * * * 

(2) Flagging of data. 

(i) A State shall notify EPA of its 

intent to exclude one or more measured 


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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28613 

exceedances of an applicable ambient 

air quality standard as being due to an 

exceptional event by placing a flag in 

the appropriate field for the data record 

of concern which has been submitted to 

the AQS database. 

* * * * * 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 3. The authority citation for part 50 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401–

7671Q. 

■ 4. The heading for part 51 is revised 

to read as set forth above. 

[FR Doc. E7–9892 Filed 5–21–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

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: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Division, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of FEMA resolved any appeals 

resulting from this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified 

BFEs determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 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 to either 

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. 

These modified BFEs are used to meet 

the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. The changes in BFEs are in 

accordance with 44 CFR 65.4. 

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, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This final 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: 

Coconino 

(FEMA Docket No.: B–

7467).

City of Flagstaff (05–

09–1103P).

December 8, 2005; December 

15, 2005; Arizona Daily Sun.

The Honorable Joseph C. Donaldson, 

Mayor, City of Flagstaff, 211 West 

Aspen Avenue, Flagstaff, Arizona 

86001.

March 16, 2006 .............. 040020 

Greenlee 

(FEMA Docket No.: B–

7474).

Town of Clifton (06–

09–B068P).

October 25, 2006; November 1, 

2006; The Copper Era.

The Honorable David McCullar, Mayor, 

Town of Clifton, P.O. Box 1415, Clifton, 

AZ 85533.

September 29, 2006 ....... 040035 


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