61356 Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Rules and Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T13–164 to read as 

follows: 

§ 165.T13–164 Safety Zone; Interstate 5 

Bridge Repairs, Columbia River, Portland, 

OR. 

(a) Location. The following area is a 

safety zone: All waters of the Columbia 

River within the area created by 

connecting the following four piers of 

the Interstate 5 Bridge: East Pier 3 across 

the wide span channel to East Pier 5 

then downstream under the bridge to 

West Pier 5, across the wide span 

channel to West Pier 3, then back 

upstream under the bridge to East Pier 

3. The piers are numbered from the 

North bank to the South bank. 

Geographically this location is a 

rectangle enclosing the wide span 

channel of the Interstate 5 Bridge 

starting at the draw span reaching across 

to the first pier of the high span and 

then back to the draw span. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person may enter or 

remain in the safety zone created in this 

section or bring, cause to be brought, or 

allow to remain in the safety zone 

created in this section any vehicle, 

vessel, or object unless authorized by 

the Captain of the Port or his designated 

representative. Designated 

representatives are Coast Guard 

personnel authorized by the Captain of 

the Port to grant persons or vessels 

permission to enter or remain in the 

safety zone created by this section. See 

33 CFR Part 165, Subpart C, for 

additional information and 

requirements. 

(c) Enforcement Period. The safety 

zone created by this section will be 

enforced from 6 a.m. through 5 p.m. on 

October 4, 5, 8, 11, 12, and 13, 2010. 

Dated: September 20, 2010. 

D.E. Kaup, 

Captain, U.S. Coast Guard, Captain of the 

Port, Columbia River. 

[FR Doc. 2010–24878 Filed 10–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN24 

Presumptions of Service Connection 

for Persian Gulf Service; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Correcting amendment. 

SUMMARY: The Department of Veterans 

Affairs (VA) published in the Federal 

Register of September 29, 2010, a 

document amending its adjudication 

regulations concerning presumptive 

service connection for certain diseases. 

In the regulatory text of that document, 

VA inadvertently omitted a comma 

following the word ‘‘etiology’’ in the first 

sentence of § 3.317(a)(2)(ii). This 

document corrects that omission. 

DATES: Effective Date: This correction is 

effective October 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William F. Russo, Director of 

Regulations Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, or call (202) 273–9515 (not a tollfree number). 

SUPPLEMENTARY INFORMATION: On 

September 29, 2010, VA published in 

the Federal Register (75 FR 59968), an 

amendment to 38 CFR 3.317 to 

implement a decision of the Secretary of 

Veterans Affairs that there is a positive 

association between service in 

Southwest Asia during certain periods 

and the subsequent development of 

certain infectious diseases. In the first 

sentence of § 3.317(a)(2)(ii), we 

inadvertently omitted a comma 

following the word ‘‘etiology.’’ This 

correction document adds the comma 

immediately following the word 

‘‘etiology’’ in that sentence. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Radioactive 

materials, Veterans, Vietnam. 

Approved: September 30, 2010. 

William F. Russo, 

Director, Regulations Management, Office of 

the General Counsel, Department of Veterans 

Affairs. 

■ For the reason set out in the preamble, 

VA is correcting 38 CFR part 3 as 

follows: 

PART 3—ADJUDICATION 

■ 1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

§ 3.317 [Corrected] 

■ 2. In § 3.317, paragraph (a)(2)(ii), first 

sentence, add a comma immediately 

after the word ‘‘etiology.’’ 

[FR Doc. 2010–24898 Filed 10–4–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2008–0418; SW–FRL– 

9209–8] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendments. 

SUMMARY: On July 31, 2009, EPA 

published a direct final action granting 

a petition submitted by WRB Refining, 

LLC Company to exclude (or delist) the 

thermal desorber residual solids with 

Hazardous Waste Numbers: F037, F038, 

K048, K049, K050, and K051. In the July 

31, 2009 rule, EPA inadvertently 

recorded the arsenic delisting level as 

0.0129 mg/l. The arsenic delisting limit 

should be 1.29 mg/l. We are making this 

correction in this document. 

DATES: This action is effective October 

5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Peace (214) 665–7430, or email her at peace.michelle@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published an approval for 5,000 cubic 

yards of thermal desorber residual 

solids. The arsenic delisting exclusion 

limit in the direct final rule is incorrect. 

Therefore, in this correction notice we 

are correcting the arsenic value limit 

and correcting it in Table 1 of appendix 

IX to part 261—Waste Excluded Under 

§§ 260.20 and 260.22. Section 553 of the 

Administrative Procedure Act, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

We have determined that there is such 

good cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting the error which was included 

in a previous action. Thus, notice and 

public procedure are unnecessary. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Rules and Regulations 61357 

Statutory and Executive Order Reviews 

Under Executive Order 12866, 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993), this rule is 

not of general applicability and 

therefore is not a regulatory action 

subject to review by the Office of 

Management and Budget (OMB). This 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) because it 

applies to a particular facility only. 

Because this rule is of particular 

applicability relating to a particular 

facility, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), or 

to sections 202, 204, and 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). Because this 

rule will affect only a particular facility, 

it will not significantly or uniquely 

affect small governments, as specified in 

section 203 of UMRA. Because this rule 

will affect only a particular facility, this 

proposed rule does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, ‘‘Federalism,’’ 

(64 FR 43255, August 10, 1999). Thus, 

Executive Order 13132 does not apply 

to this rule. Similarly, because this rule 

will affect only a particular facility, this 

proposed rule does not have tribal 

implications, as specified in Executive 

Order 13175, ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000). Thus, Executive Order 13175 

does not apply to this rule. This rule 

also is not subject to Executive Order 

13045, ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant as defined in Executive 

Order 12866, and because the Agency 

does not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. The 

basis for this belief is that the Agency 

used the DRAS program, which 

considers health and safety risks to 

infants and children, to calculate the 

maximum allowable concentrations for 

this rule. This rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)), because it is not a significant 

regulatory action under Executive Order 

12866. This rule does not involve 

technical standards; thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988, 

‘‘Civil Justice Reform,’’ (61 FR 4729, 

February 7, 1996), in issuing this rule, 

EPA has taken the necessary steps to 

eliminate drafting errors and ambiguity, 

minimize potential litigation, and 

provide a clear legal standard for 

affected conduct. 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. Section 804 exempts from 

section 801 the following types of rules 

(1) Rules of particular applicability; (2) 

rules relating to agency management or 

personnel; and (3) rules of agency 

organization, procedure, or practice that 

do not substantially affect the rights or 

obligations of non-agency parties 5 

U.S.C. 804(3). EPA is not required to 

submit a rule report regarding this 

action under section 801 because this is 

a rule of particular applicability. Section 

808 allows the issuing agency to make 

a rule effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. As 

stated previously, we made such a good 

cause finding, including the reasons 

therefore and established an effective 

date of October 5, 2010. This correction 

to the WRB Refining, LLC, located in 

Borger, TX exclusion is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804 et seq 

(2). 

Lists of Subjects in 40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

Authority: Sec. 3001(f) RCRA, 42 U.S.C. 

6921(f). 

Dated: September 23, 2010. 

Bill Luthans, 

Acting Director, Multimedia Planning and 

Permitting Division. 

■ For the reasons set out in the 

preamble, 40 CFR part 261 is amended 

as follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. The authority citation for Part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, and 6938. 

■ 2. In Tables 1 of Appendix IX to Part 

261 revise paragraph (1) of the entry for 

‘‘WRB Refining LLC’’ the following 

waste stream in alphabetical order by 

facility to read as follows: 

Appendix IX to Part 261—Wastes 

Excluded Under §§ 260.20 and 260.22 

TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description 

*******

WRB Refining, LLC ........................ Borger, TX ..................................... (1) Delisting Levels: All concentrations for those constituents must not 

exceed the maximum allowable concentrations in mg/l specified in 

this paragraph. 

Thermal Desorber Residual Solid Leachable Concentrations (mg/l): 

Antimony—0.165; Arsenic—1.29; Barium—54.8; Beryllium—0.119; 

Cadmium—0.139; Chromium—3.23; Chromium, Hexavalent—3.23; 

Cobalt—20.7; Copper—38.6; Cyanide—4.69; Lead—1.07; Mercury—0.104; Nickel—20.6; Selenium—1.0; Silver—5.0; Tin— 

3790.00; Vanadium—1.46; Zinc—320.0. 

* * * * * * * 


emcdonald on DSK2BSOYB1PROD with RULES
61358 Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Rules and Regulations 

[FR Doc. 2010–24925 Filed 10–4–10; 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 

Marshall County, Illinois, and Incorporated Areas 

Docket Nos.: FEMA–B–1022 and FEMA–B–1068 

Illinois River .............................. Approximately 0.57 mile downstream of Illinois Route 18 .. +461 City of Henry. 

Approximately 0.69 mile upstream of Illinois Route 18 ...... +461 

Illinois River .............................. Approximately 0.73 mile downstream of Illinois Route 17 .. +461 City of Lacon. 

Approximately 0.83 mile upstream of Illinois Route 17 ...... +461 

Sandy Creek Tributary .............. At County Highway 14 ........................................................ +673 Unincorporated Areas of 

Marshall County. 

Approximately 140 feet northwest of the intersection of 

Hickory Street and South 5th Street in the City of 

Wenona.

+686 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 


emcdonald on DSK2BSOYB1PROD with RULES