43478 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent Tribal or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed above (see 

ADDRESSES) will be included in the 

docket for this rulemaking and 

considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

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. 

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 

(Regulatory Planning and Review). 

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 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: May 18, 2010. 

Allen D. Klein, 

Director, Western Region. 

[FR Doc. 2010–18231 Filed 7–23–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R01–RCRA–2010–0561; FRL–9179–6] 

Rhode Island: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Rhode Island has 

applied to EPA for final authorization of 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA proposes to 

grant final authorization to Rhode 

Island. EPA has determined that these 

changes satisfy all requirements needed 

to qualify for final authorization, and is 

authorizing the State’s changes through 

an immediate final action. 

DATES: Comments must be received on 

or before August 25, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

RCRA–2010–0561, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: biscaia.robin@epa.gov. 

• Fax: (617) 918–0642, to the 

attention of Robin Biscaia. 

• Mail: Robin Biscaia, RCRA Waste 

Management Section, Office of Site 

Remediation and Restoration (OSRR 07– 

1), EPA New England—Region I, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. 

• Hand Delivery or Courier: Deliver 

your comments to: Robin Biscaia, RCRA 

Waste Management Section, Office of 

Site Restoration and Remediation 

(OSRR 07–1), EPA New England— 

Region I, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

For further information on how to 

submit comments, please see today’s 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Robin Biscaia, RCRA Waste 

Management Section, Office of Site 

Remediation and Restoration (OSRR 07– 

1), EPA New England—Region I, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912, telephone number: (617) 

918–1642; fax number: (617) 918–0642, 

e-mail address: biscaia.robin@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, EPA is authorizing the 

changes by an immediate final rule 

(except with respect to the zinc fertilizer 

rule). EPA did not make a proposal prior 

to the immediate final rule because we 

believe this action is not controversial 

and do not expect adverse comments 

that oppose it. We have explained the 

reasons for this authorization in the 

preamble to the immediate final rule. 

Unless we get written adverse 

comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take immediate effect. 

We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you should do 

so at this time. 

With respect to the zinc fertilizer rule 

(checklist 200), we think that there may 

be adverse comments that oppose the 

Federal authorization of the State for 

this rule. Thus, we are not including the 

authorization of the zinc fertilizer rule 

within the immediate final rule. Rather, 

we are proposing to authorize Rhode 

Island for the zinc fertilizer rule in this 

proposed rule. Any approval of Rhode 

Island to implement the zinc fertilizer 

rule will occur only through a later 

separate final rule, which will be issued 

only after considering any public 

comments. Anyone wishing to comment 

on our proposal to authorize Rhode 

Island for the zinc fertilizer rule must 

also do so at this time. 

We are proposing to authorize Rhode 

Island for the zinc fertilizer rule 

because, through Rules 2.2 C and 2.2 H, 

Rhode Island has incorporated by 

reference the Federal zinc fertilizer rule 

exactly. When a State incorporates by 

reference Federal requirements exactly, 

the State is being equivalent to and 

consistent with the Federal rule. Any 

commenter opposed to EPA’s adoption 

of the zinc fertilizer rule should have 

addressed his or her comments to the 

EPA prior to the Federal adoption of the 

rule. Any commenter opposed to Rhode 

Island’s adoption of the rule should 

have addressed his or her comment to 

Rhode Island before the State adopted 

the rule. While Rhode Island has the 

right to be more stringent and not adopt 

the rule, Rhode Island also has the right 

not to be more stringent and to adopt 

the Rule. Commenters wishing a State to 

be more stringent should make sure to 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43479 

submit their comments to the State, 

rather than waiting to ask EPA not to 

authorize the State for the rule. 

Dated: July 7, 2010. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2010–18234 Filed 7–23–10; 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; Internal 

Agency Docket No. FEMA–B–1139] 

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 notice 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 October 25, 2010. 

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–1139, to Kevin 

C. Long, Acting Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2820, or (e-mail) 

kevin.long@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–2820, 

or (e-mail) kevin.long@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 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed 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 

proposed to be 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. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

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) 

Communities affected 

Effective Modified 

New London County, Connecticut (All Jurisdictions) 

Eightmile River ...................... Approximately 100 feet upstream of Hamburg Road .. None +56 Town of Lyme. 

Approximately 700 feet upstream of Hamburg Road .. None +57 

Four Mile River ..................... Just upstream of railroad .............................................. +9 +10 Town of Old Lyme. 

Approximately 1,200 feet downstream of the 

breached dam.

+9 +10 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1