55480 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

Hazardous Substances Pollution 

Contingency Plan (NCP). This partial 

deletion pertains to the surface media 

(soil, surface water, sediment) and 

structures (both former structures that 

have been demolished and structures 

retained for future use) within the CES 

and the surface media of the entire OPS. 

The rest of the On-Post OU, including 

groundwater below RMA that is west of 

E Street, and the groundwater that 

comprises the Off-Post OU will remain 

on the NPL and is not being considered 

for deletion as part of this action. 

Response activities will continue at 

those OUs. The EPA and the State of 

Colorado, through the Colorado 

Department of Public Health and 

Environment (CDPHE), have determined 

that all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, the 

deletion of these parcels does not 

preclude future actions under 

Superfund. 

DATES: Effective Date: This action is 

effective September 13, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1987–0002. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. 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 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

—EPA’s Region 8 Superfund Records 

Center, 1595 Wynkoop Street, Denver, 

Colorado 80202–2466. Hours: 8 a.m. 

to 4 p.m. by appointment (call 303– 

312–6473), Monday through Friday, 

excluding legal holidays; and the 

—Joint Administrative Records Facility, 

Rocky Mountain Arsenal, 5650 

Havana Street, Building 129, 

Commerce City, Colorado 80022– 

1748. Hours: 12 p.m. to 4 p.m., 

Monday through Friday, excluding 

legal holidays, or by appointment 

(call 303–289–0983). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Chergo, Community 

Involvement Coordinator (8OC), U.S. 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, 1–800–227–8917 

or 303–312–6601; fax number: 303–312– 

7110; e-mail: chergo.jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

portion of the site to be deleted from the 

NPL is the surface media (soil, surface 

water, sediment) and structures (both 

former structures that have been 

demolished and structures retained for 

future use) within the CES and the 

surface media of the entire OPS. A 

Notice of Intent for partial Deletion for 

this Site was published in the Federal 

Register on June 17, 2010. The RMA 

Site-Specific Advisory Board (SSAB) 

requested additional time to adequately 

review the documentation. The public 

comment period for the NOIDp was 

extended through August 16, 2010 (75 

FR 42361). 

EPA received comment letters from 

seven organizations/individuals. 

Authors of five of the letters voiced their 

support for proceeding with the partial 

deletion based upon their confidence in 

the thoroughness of the cleanup 

activities conducted by the U.S. Army 

and Shell Oil Company; though one 

letter, from the Audubon Society of 

Greater Denver, was received after the 

public comment period closed. Authors 

of the remaining two letters were 

opposed to the proposed partial deletion 

of the CES and OPS. All public 

comments and EPA’s responses are 

included in a Responsiveness Summary 

document available in both the docket, 

EPA–HQ–SFUND–1987–0002, at http:// 

www.regulations.gov and in the local 

repositories listed above. Based on our 

responses to these comments, and in 

consultation with the State of Colorado 

through CDPHE, EPA has determined 

that all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed and it is 

appropriate to proceed with deletion of 

the CES and the OPS. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion of a site from the 

NPL does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of portions of 

a site from the NPL does not affect 

responsible party liability, in the 

unlikely event that future conditions 

warrant further actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 2, 2010. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2010–22747 Filed 9–10–10; 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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55481 

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 

Pickens County, Alabama, and Incorporated Areas 

Docket No.: FEMA–B–1071 

Big Ditch ................................... Approximately 1,317 feet upstream of the confluence with 

Tributary 1.

+163 Unincorporated Areas of 

Pickens County. 

Approximately 1.1 mile upstream of the confluence with 

Tributary 1.

+174 

Little Bear Creek ....................... Approximately 0.8 mile downstream of U.S. Route 82 ....... +235 Unincorporated Areas of 

Pickens County. 

Approximately 1 mile upstream of 1st Avenue ................... +262 

Long Creek ............................... Approximately 845 feet upstream of 1st Avenue ................ +254 Unincorporated Areas of 

Pickens County. 

Approximately 1,123 feet upstream of 1st Avenue ............. +255 

Lubbub Creek ........................... Approximately 0.9 mile downstream of U.S. Route 82 ....... +220 Unincorporated Areas of 

Pickens County. 

Approximately 1,292 feet upstream of U.S. Route 82 ........ +227 

Stream 2 ................................... Approximately 1,375 feet downstream of the confluence 

with Stream 3.

+196 Unincorporated Areas of 

Pickens County. 

Approximately 1,300 feet downstream of the confluence 

with Stream 3.

+196 

Tombigbee River ...................... Approximately 1.4 mile downstream of the confluence with 

Beaver Creek.

+144 City of Memphis. 

Approximately 0.9 mile downstream of the confluence with 

Beaver Creek.

+144 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Memphis 

Maps are available for inspection at 128 Memphis Circle, Aliceville, AL 35442. 

Unincorporated Areas of Pickens County 

Maps are available for inspection at the Pickens County Judicial Center, 20 Phoenix Avenue, Room 102, Carrollton, AL 35447. 

Jefferson County, Illinois, and Incorporated Areas 

Docket No.: FEMA–B–1066 

Bell Street Ditch ........................ The confluence with Casey Fork (approximately 2,438 

feet downstream of State Route 142).

+436 Unincorporated Areas of Jefferson County. 


srobinson on DSKHWCL6B1PROD with RULES
55482 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

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 

Approximately at railroad (approximately 450 feet downstream of State Route 142).+444 

Botches Ditch ............................ Just upstream of State Route 37 ........................................ +435 Unincorporated Areas of Jefferson County. 

Approximately 200 feet downstream of 30th Street ........... +479 

Brickyard Creek ........................ Approximately 290 feet downstream of 10th Street ........... +465 Unincorporated Areas of Jefferson County. 

Just downstream of 11th Street .......................................... +469 

Casey Fork ............................... Approximately 1,670 feet downstream of State Route 142 +434 Unincorporated Areas of Jefferson County. 

Approximately 2,735 feet upstream of Tolle Road ............. +455 

Church Tributary ....................... Approximately 165 feet downstream of State Route 37 ..... +466 Unincorporated Areas of Jefferson County. 

Approximately 200 feet upstream of State Route 37 ......... +469 

East Fork Botches Ditch ........... Approximately 350 feet downstream of South Fishers 

Lane.

+475 Unincorporated Areas of Jefferson County. 

Just downstream of South Fishers Lane ............................ +475 

Rend Lake ................................ Approximately 12,500 feet west of the intersection of 

County Route 43 and East Franklin Road.

+415 City of Nason, Unincorporated Areas of Jefferson 

County, Village of Bonnie, 

Village of Ina. 

Approximately 2,400 feet west of the intersection of 

Bonnie Road and Cooley Lane.

+415 

West Tributary .......................... Approximately 195 feet upstream of I–57/64 ...................... +458 Unincorporated Areas of Jefferson County. 

Just downstream of 42nd Street ......................................... +477 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Nason 

Maps are available for inspection at City Hall, 121 North 9th Street, Nason, IL 62866. 

Unincorporated Areas of Jefferson County 

Maps are available for inspection at the Jefferson County Courthouse, 100 South 10th Street, Mount Vernon, IL 62864. 

Village of Bonnie 

Maps are available for inspection at the Village Hall, 270 South Railroad Avenue, Bonnie, IL 62816. 

Village of Ina 

Maps are available for inspection at the Village Hall, 306 South Elm Street, Ina, IL 62846. 

Jo Daviess County, Illinois, and Incorporated Areas 

Docket Nos.: FEMA–B–1053 and FEMA–B–1069 

Apple River ............................... Approximately 2.2 miles upstream of Crazy Hollow Road +616 Unincorporated Areas of Jo 

Daviess County, Village of 

Hanover. 

Approximately 0.78 mile upstream of North Washington 

Street.

+622 

Mississippi River ....................... Approximately 559.7 miles upstream of the confluence 

with the Ohio River (approximately 0.6 mile upstream of 

West Diggen Hill Road extended).

+604 Unincorporated Areas of Jo 

Daviess County. 

Approximately 572.3 miles upstream of the confluence 

with the Ohio River (approximately 1.5 mile upstream of 

Sand Ridge Road extended).

+608 

Mississippi River Backwater ..... Along the Apple River, at the Jo Daviess/Carroll county 

boundary (approximately 0.7 mile upstream of Savanna 

Army Depot Road in Carroll County).

+599 City of East Dubuque, Unincorporated Areas of Jo 

Daviess County. 

Along the Apple River, approximately 1.45 mile upstream 

of the Jo Daviess/Carroll county boundary (approximately 200 feet upstream of West Whitton Road).

+599 

Along the Galena River, at its confluence with the Mississippi River (approximately 0.1 mile downstream of 

Railroad Bridge).

+605 


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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55483 

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 

Along the Galena River, approximately 0.86 mile upstream of the confluence with the Mississippi River (approximately 0.76 mile upstream of Railroad Bridge).+605 

Approximately at the 3rd Street Channel, upstream side of 

the railroad.

+610 

Approximately 200 feet northwest of 1st Street .................. +610 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of East Dubuque 

Maps are available for inspection at City Hall, 303 Sinsinawa Avenue, East Dubuque, IL 61025. 

Unincorporated Areas of Jo Daviess County 

Maps are available for inspection at the Jo Daviess County Courthouse, 330 North Bench Street, Galena, IL 61036. 

Village of Hanover 

Maps are available for inspection at the Village Hall, 207 Jefferson Street, Hanover, IL 61041. 

Woodford County, Illinois, and Incorporated Areas 

Docket No.: FEMA–B–1060 

Illinois River .............................. Approximately 172 miles upstream of the confluence with 

the Mississippi River (approximately 1,500 feet upstream of Bruce Rich Lane extended).

+460 Village of Bay View Gardens. 

Approximately 173.4 miles upstream of the confluence 

with the Mississippi River (approximately at Leisure 

Lane extended).

+460 

Ten Mile Creek ......................... Approximately 3 miles upstream of the confluence with 

the Illinois River (approximately at Ten Mile Creek Road 

extended).

+507 Unincorporated Areas of 

Woodford County. 

Approximately 3.2 miles upstream of the confluence with 

the Illinois River (approximately 1,075 feet upstream of 

Ten Mile Creek Road extended).

+512 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

Unincorporated Areas of Woodford County 

Maps are available for inspection at the Woodford County Courthouse, 115 North Main Street, Eureka, IL 61530. 

Village of Bay View Gardens 

Maps are available for inspection at the Bay View Gardens Village Hall, 300 Garber Lane, Room 8, East Peoria, IL 61611. 

Alcorn County, Mississippi, and Incorporated Areas 

Docket No.: FEMA–B–1072 

Elam Creek ............................... Approximately 123 feet downstream of South Harper 

Road.

+421 City of Corinth. 

Just downstream of County Road 701 ............................... +483 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Corinth 

Maps are available for inspection at City Hall, 300 Childs Street, Corinth, MS 38834. 


srobinson on DSKHWCL6B1PROD with RULES
55484 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

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 

Winston County, Mississippi, and Incorporated Areas 

Docket No.: FEMA–B–1068 

Hughes Creek ........................... Approximately 1,193 feet upstream of the confluence with 

Stream 2.

+487 Unincorporated Areas of 

Winston County. 

Approximately 1,534 feet upstream of the confluence with 

Stream 2.

+488 

Stream 1 ................................... Approximately 96 feet downstream of Files Road .............. +497 Unincorporated Areas of 

Winston County. 

Approximately 222 feet upstream of Files Road ................ +498 

Stream 2 ................................... Approximately 1,079 feet upstream of the confluence with 

Hughes Creek.

+484 Unincorporated Areas of 

Winston County. 

Approximately 1,380 feet upstream of the confluence with 

Hughes Creek.

+485 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

Unincorporated Areas of Winston County 

Maps are available for inspection at the Winston County Courthouse, 115 West Main Street, Louisville, MS 39339. 

Yalobusha County, Mississippi, and Incorporated Areas 

Docket No.: FEMA–B–1072 

Enid Lake .................................. Entire shoreline within Yalobusha County .......................... +274 City of Water Valley, Unincorporated Areas of 

Yalobusha County. 

Grenada Lake ........................... Entire shoreline within Yalobusha County .......................... +237 Town of Coffeeville, Unincorporated Areas of 

Yalobusha County. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Water Valley 

Maps are available for inspection at City Hall, 101 Blackmur Drive, Water Valley, MS 38965. 

Town of Coffeeville 

Maps are available for inspection at the Town Hall, 14615 Depot Street, Coffeeville, MS 38922. 

Unincorporated Areas of Yalobusha County 

Maps are available for inspection at the Yalobusha County Courthouse, 201 Blackmur Drive, Water Valley, MS 38965. 

Niagara County, New York (All Jurisdictions) 

Docket No.: FEMA–B–1026 

Bergholtz Creek ........................ At the confluence with Cayuga Creek ................................ +570 City of Niagara Falls, Town 

of Cambria, Town of 

Wheatfield. 

Approximately 1.4 miles upstream of State Route 425 

(Shawnee Road).

+631 

Bull Creek ................................. At the confluence with Tonawanda Creek backwater area +575 City of North Tonawanda, 

Town of Cambria, Town of 

Pendleton, Town of 

Wheatfield. 

Approximately 240 feet upstream of Lockport Road .......... +604 

Cayuga Creek ........................... Approximately 0.3 mile upstream of Pine Avenue/U.S. 

Route 62.

+571 Town of Niagara, Town of 

Wheatfield. 

Approximately 70 feet downstream of the first airport overpass.+584 

Cayuga Creek West Tributary .. At the confluence with Cayuga Creek ................................ +579 Town of Niagara. 

Approximately 240 feet upstream of Lockport Road .......... +621 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55485 

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 

Cayuga Creek West Tributary 

Diversion.

Just upstream of Porter Road ............................................. +582 Town of Niagara. 

At the confluence with Cayuga Creek West Tributary ........ +582 

Donner Creek ........................... Approximately 326 feet downstream of Beatle Road ......... +617 City of Lockport, Town of 

Lockport. 

Approximately 975 feet upstream of Lincoln Avenue ......... +631 

Eighteenmile Creek .................. Just downstream of Stone Road ......................................... +364 City of Lockport. 

Approximately 0.41 mile upstream of Stone Road ............. +364 

Eighteenmile Creek East .......... Approximately 1,300 feet downstream of Day Road .......... +374 Town of Newfane. 

Approximately 540 feet upstream of Day Road .................. +374 

Gulf Branch ............................... At the confluence with Eighteenmile Creek ........................ +364 City of Lockport. 

Approximately 800 feet upstream of the confluence with 

Eighteenmile Creek.

+364 

Johnson Creek 2 ...................... Approximately 665 feet downstream of Sherman Road ..... +476 Town of Hartland, Town of 

Royalton. 

Approximately 0.19 mile upstream of Telegraph Road ...... +541 

Mud Creek ................................ At the confluence with Tonawanda Creek .......................... +583 Town of Lockport, Town of 

Pendleton. 

Approximately 0.63 mile downstream of Minnick Road ...... +583 

Sawyer Creek (East) ................ At the confluence with Bull Creek ....................................... +575 City of North Tonawanda, 

Town of Wheatfield. 

At the centerline of Ward Road .......................................... +578 

Sawyer Creek (West) ............... At the confluence with Bergholtz Creek .............................. +573 Town of Wheatfield. 

At the centerline of Ward Road .......................................... +579 

Tonawanda Creek .................... Approximately 0.9 mile upstream of Twin Cities Memorial 

Highway.

+572 City of North Tonawanda, 

Town of Lockport, Town of 

Pendleton, Town of Royalton, Town of Wheatfield. 

Approximately 2.8 miles upstream of Rapids Road ........... +593 

Town Ditch Number 2 ............... At the confluence with Tonawanda Creek .......................... +578 Town of Pendleton. 

Approximately 0.8 mile upstream of Campbell Boulevard .. +578 

Twelvemile Creek ..................... Approximately 2.0 miles upstream of Fitch Road ............... +300 Town of Porter, Town of Wilson. 

Approximately 870 feet downstream of Ransomville Road +301 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Lockport 

Maps are available for inspection at the Lockport Municipal Building, 1 Locks Plaza, Lockport, NY 14094. 

City of Niagara Falls 

Maps are available for inspection at City Hall, 745 Main Street, Niagara Falls, NY 14301. 

City of North Tonawanda 

Maps are available for inspection at City Hall, 216 Payne Avenue, North Tonawanda, NY 14120. 

Town of Cambria 

Maps are available for inspection at the Cambria Town Hall, 4160 Upper Mountain Road, Sanborn, NY 14132. 

Town of Hartland 

Maps are available for inspection at the Hartland Town Hall, 8942 Ridge Road, Gasport, NY 14067. 

Town of Lockport 

Maps are available for inspection at the Lockport Town Hall, 6560 Dysinger Road, Lockport, NY 14094. 

Town of Newfane 

Maps are available for inspection at the Town Hall, 2896 Transit Road, Newfane, NY 14108. 

Town of Niagara 

Maps are available for inspection at the Niagara Town Hall, 7105 Lockport Road, Niagara Falls, NY 14305. 

Town of Pendleton 

Maps are available for inspection at the Pendleton Town Hall, 6570 Campbell Boulevard, Lockport, NY 14094. 

Town of Porter 

Maps are available for inspection at the Porter Town Hall, 3265 Creek Road, Youngstown, NY 14174. 

Town of Royalton 

Maps are available for inspection at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, NY 14105. 

Town of Wheatfield 


srobinson on DSKHWCL6B1PROD with RULES
55486 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

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 

Maps are available for inspection at the Wheatfield Town Hall, 2800 Church Road, North Tonawanda, NY 14120. 

Town of Wilson 

Maps are available for inspection at the Town Hall, 375 Lake Street, Wilson, NY 14172. 

Clatsop County, Oregon, and Incorporated Areas 

Docket Nos.: FEMA–B–7748 and FEMA–B–7760 

Beerman Creek ......................... Approximately at U.S. Route 101 ....................................... +21 Unincorporated Areas of 

Clatsop County. 

Approximately 0.95 mile upstream of Beerman Creek 

Lane.

+119 

Columbia River ......................... Approximately 600 feet upstream of Southeast Anchor 

Road (west of Burlington Northern Railroad).

+12 City of Warrenton, Unincorporated Areas of Clatsop 

County. 

Approximately at Alternate U.S. Route 101 (south of 

Astoria Regional Airport).

+12 

Lewis and Clark River .............. Approximately at Alternate U.S. Route 101 (south of 

Astoria Regional Airport).

+12 Unincorporated Areas of 

Clatsop County. 

Approximately at the confluence with Heckard Creek (east 

of Lewis and Clark River).

+13 

Neawanna Creek ...................... Approximately 50 feet downstream of 12th Avenue ........... +14 City of Seaside, Unincorporated Areas of Clatsop 

County. 

Approximately 0.7 mile upstream of Avenue S .................. +19 

Necanicum River ...................... Approximately 450 feet downstream of 12th Avenue ......... +14 City of Seaside, Unincorporated Areas of Clatsop 

County. 

Approximately at the Howard Johnson Bridge ................... +39 

Necanicum River Overflow ....... Approximately 0.24 mile upstream of the confluence with 

the Necanicum River.

+32 City of Seaside, Unincorporated Areas of Clatsop 

County. 

Approximately 0.7 mile upstream of the confluence with 

the Necanicum River.

+37 

Upper Neawanna Creek ........... Approximately 260 feet downstream of Wahanna Road .... +16 City of Seaside, Unincorporated Areas of Clatsop 

County. 

Approximately 840 feet upstream of Wahanna Road ......... +31 

Youngs River ............................ Approximately 500 feet south of the confluence with Battle 

Creek Slough.

+12 Unincorporated Areas of 

Clatsop County. 

Approximately at the intersection of Wireless Road and 

U.S. Route 101.

+12 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

City of Seaside 

Maps are available for inspection at 989 Broadway Street, Seaside, OR 97138. 

City of Warrenton 

Maps are available for inspection at 225 South Main Street, Warrenton, OR 97146. 

Unincorporated Areas of Clatsop County 

Maps are available for inspection at 800 Exchange Street, Astoria, OR 97103. 

Cheatham County, Tennessee, and Incorporated Areas 

Docket No.: FEMA–B–1061 

Big Bartons Creek .................... Approximately 1.1 mile upstream of the confluence with 

the Cumberland River.

+397 Unincorporated Areas of 

Cheatham County. 

Approximately 3.8 miles upstream of the confluence with 

the Cumberland River.

+397 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55487 

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 

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

ADDRESSES 

Unincorporated Areas of Cheatham County 

Maps are available for inspection at the Cheatham County Building Commissioner’s Office, 210 South Main Street, Ashland City, TN 37015. 

Meigs County, Tennessee, and Incorporated Areas 

Docket No.: FEMA–B–1064 

Dake Branch ............................. At the confluence with Watts Creek .................................... +696 Unincorporated Areas of 

Meigs County. 

Approximately 0.8 mile upstream of the confluence with 

Watts Creek.

+696 

Decatur Branch ......................... At the confluence with Decatur Creek ................................ +732 Town of Decatur. 

Approximately 0.5 mile upstream of Church Lane ............. +745 

Decatur Creek ........................... Approximately 0.5 miles downstream of State Route 58 ... +730 Town of Decatur. 

Approximately 605 feet upstream of State Route 58 ......... +742 

Watts Creek .............................. At the confluence with the Tennessee River ...................... +696 Unincorporated Areas of 

Meigs County. 

Approximately 1.9 mile upstream of the confluence with 

the Tennessee River.

+696 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

Unincorporated Areas of Meigs County 

Maps are available for inspection at the Meigs County Courthouse, 17214 State Highway 58 North, Decatur, TN 37322. 

Town of Decatur 

Maps are available for inspection at City Hall, 17454 State Highway 58 North, Decatur, TN 37322. 

Fairfax County, Virginia, and Incorporated Areas 

Docket No.: FEMA–B–1066 

Cameron Run ........................... Approximately 1,975 feet upstream of the confluence with 

the Potomac River.

*11 Unincorporated Areas of 

Fairfax County. 

Approximately 1.0 mile upstream of the confluence with 

Pike Branch.

*30 

Dogue Creek ............................. At the confluence with the Potomac River .......................... *10 Unincorporated Areas of 

Fairfax County. 

Approximately 1.5 mile upstream of the confluence with 

the Potomac River at Mount Vernon Road.

*10 

Potomac River .......................... Approximately 1,140 feet east of Carriage House Court .... *10 Unincorporated Areas of 

Fairfax County. 

Approximately 1,250 feet south of the intersection of River 

Drive and Oak Grove Street.

*10 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

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

ADDRESSES 

Unincorporated Areas of Fairfax County 

Maps are available for inspection at the Fairfax County Government Center, 12055 Government Center Parkway, Suite 659, Fairfax, VA 22035. 


srobinson on DSKHWCL6B1PROD with RULES
55488 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

1Companies and organizations submitting the 

petition included Qualcomm Enterprise Services, 

PeopleNet, XATA Corporation, Continental 

Corporation, American Trucking Associations, 

American Bus Association, Commercial Vehicle 

Safety Alliance, National Private Truck Council, 

and United Motorcoach Association. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 1, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–22764 Filed 9–10–10; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385 and 395 

[Docket No. FMCSA–2004–18940] 

RIN 2126–AA89 

Electronic On-Board Recorders for 

Hours-of-Service Compliance 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; Technical 

amendments and response to petitions 

for reconsideration. 

SUMMARY: FMCSA amends its April 5, 

2010, final rule that established new 

performance standards for electronic onboard recorders (EOBRs) installed in 

commercial motor vehicles (CMVs). In 

response to petitions for reconsideration 

from Qualcomm Incorporated, XATA 

Corporation, and a group of industry 

stakeholders, FMCSA amends 

requirements relating to the temperature 

range in which EOBRs must be able to 

operate, and the connector type 

specified for the Universal Serial Bus 

(USB) interface. 

DATES: The amendments in this final 

rule become effective September 13, 

2010. 

ADDRESSES: Public Access to the Docket: 

You may view, print, and download this 

final rule and all related documents and 

background material on-line at http:// 

www.regulations.gov, using the Docket 

ID Number FMCSA–2004–18940. These 

documents can also be examined and 

copied for a fee at the U.S. Department 

of Transportation, Docket Operations, 

West Building–Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah M. Freund, Vehicle and 

Roadside Operations Division, Office of 

Bus and Truck Standards and 

Operations (MC–PSV), Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590; telephone (202) 366–4325. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The legal basis of the April 2010 final 

rule is also applicable to this final rule. 

See 75 FR 17208–17252, April 5, 2010. 

Background 

The FMCSA was notified about two 

technical errors in the April 5, 2010, 

‘‘Electronic On-board Recorders for 

Hours of Service Compliance’’ final rule. 

(75 FR 17208). The FMCSA also 

received several petitions for 

reconsideration of the final rule that are 

discussed further in this final rule. 

Technical Corrections 

(1) The first sentence in § 385.807(a) 

currently reads ‘‘Following the close of 

the compliance review described in 

§ 385.805(a), FMCSA will issue the 

motor carrier a written notice of 

remedial directive and proposed 

determination of unfitness.’’ The 

regulatory citation should read 

‘‘§ 385.805,’’ not ‘‘§ 385.805(a)’’ 

(2) Section 385.815(e) currently reads 

‘‘The exemption granted under this 

section shall not apply to CMVs 

manufactured on or after the date 2 

years from the effective date of this 

rule.’’ The effective date referenced 

should be June 4, 2012, as is stated 

elsewhere in the final rule. 

Petitions for Reconsideration 

FMCSA received petitions for 

reconsideration, timely filed, from 

Qualcomm Incorporated (Qualcomm), 

XATA Corporation (XATA), and a group 

of industry stakeholders, including the 

American Trucking Associations’ 

Technology & Maintenance Council 

(TMC) EOBR Task Force 1

(Stakeholders). Qualcomm and 

Stakeholders requested that FMCSA 

reconsider the final rule’s requirements 

for (1) the temperature range in which 

EOBRs must be able to operate, and (2) 

the connector type specified for the USB 

interface. XATA’s petition covered the 

same matters as those of Qualcomm and 

Stakeholders, but further requested that 

FMCSA (1) clarify certain reportable 

events in the diagnostic table, and (2) 

consider offering an additional 

alternative for the data transfer between 

an EOBR and a roadside safety official’s 

portable computer. FMCSA met with 

the stakeholders on June 2, 2010 (a list 

of the attendees and a summary of the 

meeting has been placed in the docket) 

in response to their request for an 

opportunity to present their concerns in 

person. 

A discussion of each of the 

petitioner’s issues, followed by the 

Agency’s assessment and decision, 

follows. 

Operating Temperature Range 

On January 18, 2007 (72 FR 2340), 

FMCSA published a notice of proposed 

rulemaking (NPRM) that proposed to 

amend the Federal Motor Carrier Safety 

Regulations to incorporate new 

performance standards for EOBRs. 

Among other things, the NPRM 

proposed to require an EOBR to be able 

to operate in temperatures ranging from 

¥20 °F to 120 °F (¥29 °C to 49 °C) (72 

FR 2340, at 2393). 

In comments to the docket, 

International Truck and Engine 

Corporation stated ‘‘Typical industry 

standards for commercial vehicles (See 

Society of Automotive Engineers (SAE) 

recommended practice J1455, ‘‘Surface 

Vehicle Recommended Practice: 

Recommended Environmental Practices 

for Electronic Equipment Design in 

Heavy-Duty Vehicle Applications’’) 

exceed the minimum requirements 

stated for operating temperature. 

Interior spaces are rated from¥40 

degrees C to +85 degrees C. 

International notes that under the 

minimum temperature specification 

there will be occasions where the EOBR 

may not operate until the vehicle 

interior is heated (or cooled) to the 

operating temperature given.’’ 

Qualcomm stated ‘‘We recommend that 

environmental requirements defer to 

industry standards for comparable 

equipment and not be specified in this 

regulation. Specifically, SAE standard 

J1455—Recommended Environmental 

Practices for Electronic Equipment 

Design in Heavy-Duty Vehicle 

Applications should be referenced.’’ 

TMC offered a similar comment in a 

Technical Policy Advisory submitted to 

the docket: ‘‘The environmental factors 

should be based on industry standards 

for similar types of equipment.’’ 

In the April 2010 final rule, FMCSA 

revised the EOBR operating temperature 

range to ¥40 °C to 85 °C (¥40 °F to 185 

°F). (75 FR 17208, at 17232). In doing so, 

the Agency referred to the detailed 

discussion in Section 5.2 of the SAE 

standard, which addresses temperature 

ranges in the forward interior of the 

vehicle, an area that includes the floor, 

instrument panel, and headliner. The 

instrument panel, discussed in Section 

5.2.1, ‘‘includes the top of the dashboard 


srobinson on DSKHWCL6B1PROD with RULES