Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Proposed Rules 55503 

revisions in the form specified in EPA’s 

proposed approval, referenced above. 

The State’s submittal indicates in 

Section 4, ‘‘Interfere with Prevention of 

Significant Deterioration of Air Quality,’’ 

that the State’s SIP provisions include 

an EPA-approved PSD program. Idaho’s 

regulations for its PSD program were 

last approved by EPA and made part of 

the SIP on January 16, 2003 (68 FR 

2217), 40 CFR 52.670, effective February 

18, 2003. On March 18, 2010, EPA 

proposed to approve Idaho’s PSD rule 

revisions incorporating into the State’s 

rules the provisions of EPA’s PSD 

requirements as of July 1, 2008, 

including the November 29, 2005, Phase 

2 rule for the 1997 8-hour ozone 

NAAQS (70 FR 71612), and the May 16, 

2008, PM2.5 Implementation Rule (73 FR 

28321) for the 1997 PM2.5 NAAQS. We 

anticipate taking final action approving 

Idaho’s PSD rule revisions before taking 

final action on this interstate transport 

proposal. Therefore, EPA proposes to 

approve this SIP provision as adequate 

for purposes of section 110(a)(2)(D)(i)(II) 

if EPA has taken final action to approve 

the revisions to Idaho’s PSD 

requirements that are consistent with 

our proposed action. 

EPA believes that the PSD revision for 

the 1997 8-hour ozone NAAQS that 

makes NOX a precursor for ozone for 

PSD purposes and the PSD revision for 

the 1997 PM2.5 NAAQS that makes SO2

and NOX precursors for PM2.5 for PSD 

purposes, taken together with the 

revised PSD SIP that EPA proposed to 

approve on March 18, 2010, and the 

Interstate Transport SIP that EPA is 

proposing to approve in this action, 

satisfy the requirements of the third 

element of section 110(a)(2)(D)(i) for the 

1997 8-hour ozone NAAQS and the 

1997 PM2.5 NAAQS. That is, these 

provisions ensure that there will be no 

interference with any other state’s 

required PSD measures because Idaho’s 

SIP, as proposed for approval in this 

action along with the March 18, 2010 

proposed action on the revised PSD 

rules, will meet current CAA 

requirements for PSD. 

V. Proposed Action 

In light of the data and the weight of 

the evidence analysis presented above, 

EPA is proposing to approve revisions 

to the Idaho SIP, submitted on June 28, 

2010, which adequately demonstrate 

that for the 1997 8-hour ozone and 1997 

PM2.5 NAAQS, air pollutant emissions 

from sources within Idaho do not (1) 

significantly contribute to 

nonattainment of the NAAQS in any 

other state, (2) interfere with 

maintenance of the NAAQS by any 

other state, and (3) interfere with any 

other state’s required measures to 

prevent significant deterioration of its 

air quality, as required by section 

110(a)(2)(D)(i). 

As noted previously, EPA will 

address element (4), interference with 

any other state’s required measures to 

protect visibility, in a separate action. 

EPA will also take action on the portion 

of Idaho’s SIP that addresses the 2006 

PM2.5 NAAQS in a separate action. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: September 2, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–22773 Filed 9–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 100 

RIN 0906–AA74 

National Vaccine Injury Compensation 

Program: Revisions to the Vaccine 

Injury Table 

AGENCY: Health Resources and Services 

Administration (HRSA), HHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Through this proposed rule, 

the Secretary proposes to change the 

Vaccine Injury Table (Table) to create 

distinct and separate listings for 

hepatitis A, trivalent influenza, 

meningococcal, and human 

papillomavirus (HPV) vaccines. The 

Table includes a list of covered vaccines 

under the National Vaccine Injury 

Compensation Program (VICP). The 

VICP provides a system of no-fault 

compensation for certain individuals 

who have been injured by covered 

childhood vaccines. This proposed rule 

is technical in nature. The four 

categories of vaccines described in this 

notice are already covered vaccines 

under the VICP (starting in 2004) and 

are currently listed in a placeholder 

category (box XIII) in the Table. This 

document proposes to list these 

vaccines as separate categories on the 

Table, with no associated injuries noted 

at this time, in order to make the Table 

more clear to the public. 

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55504 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Proposed Rules 

DATES: Comments on this proposed rule 

must be submitted by March 14, 2011. 

A public hearing on this proposed rule 

will be held before the end of the public 

comment period. A separate notice will 

be published in the Federal Register to 

provide the details of this hearing. 

ADDRESSES: You may submit comments, 

identified by the Regulatory Information 

Number (RIN) 0907–AA74, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: gevans@hrsa.gov. Include 

RIN 0907–AA74 in the subject line of 

the message. 

• Mail: Geoffrey Evans, M.D., 

Director, Division of Vaccine Injury 

Compensation, Healthcare Systems 

Bureau, Health Resources and Services 

Administration, Room 11C–26, 

Parklawn Building, 5600 Fishers Lane, 

Rockville, Maryland 20857. 

Instructions: All submissions received 

must include the agency name and RIN 

for this rulemaking. All comments 

received will be available for public 

inspection and copying without charge, 

including any personal information 

provided, at Parklawn Building, 5600 

Fishers Lane, Room 11C–26, Rockville, 

Maryland 20857, weekdays (Federal 

holidays excepted) between the hours of 

8:30 a.m. and 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey Evans, M.D. at the mail or email address above or by telephone at 

(301) 443–6593. 

SUPPLEMENTARY INFORMATION: The 

National Childhood Vaccine Injury Act 

of 1986, Title III of Public Law 99–660, 

as amended (42 U.S.C. 300aa–10 et 

seq.), established the National Vaccine 

Injury Compensation Program (VICP) for 

persons found to be injured by vaccines. 

Under this Federal program, petitions 

for compensation are filed with the 

United States Court of Federal Claims 

(Court). The Court, acting through 

special masters, makes findings as to 

eligibility for, and amount of, 

compensation. In order to gain 

entitlement to compensation under Title 

XXI of the Public Health Service (PHS) 

Act for a covered vaccine, a petitioner 

must establish a vaccine-related injury 

or death, either by proving: (1) That the 

first symptom of an injury/condition, as 

defined by the Vaccine Injury Table’s 

(Table’s) Qualifications and Aids to 

Interpretation (QAI), occurred within 

the time period listed on the Table 

(copy of the Table can be found at 

http://www.hrsa.gov/ 

vaccinecompensation), and is therefore 

the injury or death presumed to be 

caused by a vaccine (unless another 

cause is found); or (2) proof of vaccine 

causation, if the injury/condition is not 

on the Table or did not meet the QAIs 

or the time frame period specified on 

the Table. 

The statute authorizing the VICP 

provides for the inclusion of additional 

vaccines in the VICP when they are 

recommended by the Centers for Disease 

Control and Prevention (CDC) for 

routine administration to children. See 

section 2114(e)(2) of the Public Health 

Service (PHS) Act, 42 U.S.C. 300aa– 

14(e)(2). Consistent with section 

13632(a)(3) of the Omnibus Budget 

Reconciliation Act of 1993 (Pub. L. 103– 

66), the regulations governing the VICP 

provide that such vaccines will be 

included in the Table as of the effective 

date of an excise tax to provide funds 

for the payment of compensation with 

respect to such vaccines. See 42 CFR 

100.3(c)(5). The statute authorizing the 

VICP also authorizes the Secretary to 

create and modify a list of injuries, 

disabilities, illnesses, conditions, and 

deaths (and their associated time 

frames) associated with each category of 

vaccines included on the Table. See 

sections 2114(c)(3) and 2114(e)(2) of the 

PHS Act, 42 U.S.C. 300aa–14(c)(3) and 

300aa–14(e)(2). 

The prerequisites for adding the 

hepatitis A, trivalent influenza, 

meningococcal, and human 

papillomavirus (HPV) vaccines to the 

VICP have already occurred. The 

Secretary previously published notices 

announcing that each of these categories 

of vaccines is covered under the VICP 

(under the Table’s provisional category) 

and explaining that the Secretary 

planned on adding these vaccines as 

separate categories to the Table through 

rulemaking, as proposed in this notice. 

On December 1, 2004, the Secretary 

published a notice in the Federal 

Register announcing that hepatitis A 

vaccines were covered under the VICP, 

with an effective date of December 1, 

2004. 69 FR 69945. On April 12, 2005, 

the Secretary published a notice in the 

Federal Register announcing that 

trivalent influenza vaccines were 

covered under the VICP, with an 

effective date of July 1, 2005. 70 FR 

19092. On April 20, 2007, the Secretary 

published a notice in the Federal 

Register announcing that 

meningococcal vaccines and human 

papillomavirus vaccines were covered 

under the VICP, with an effective date 

of February 1, 2007. 72 FR 19937. 

Although the vaccines described in 

this notice are officially covered by the 

VICP, their placement in the provisional 

box XIII, rather than as distinct and 

separate listings, has sometimes led to 

confusion regarding their coverage 

status. We propose to add these four 

vaccines in their own separate 

categories to the Table in order to help 

the public identify clearly that these 

vaccines are covered by the VICP. 

To date, the Secretary has not 

identified any illness, disease, injury, or 

condition caused by these four vaccines. 

For this reason, the Secretary proposes 

adding these four categories of vaccines 

to the Table with ‘‘[n]o condition 

specified.’’ If the Secretary learns of any 

such illness, disease, injury, or 

condition, she would consider 

amending the Table. The Secretary 

views this proposed rule as technical in 

nature because it will, if implemented, 

move the four categories of vaccine 

described in this notice from the 

placeholder category (category XIII) to 

separate and distinct listings on the 

Table with no associated Table injuries. 

If implemented, the proposals in this 

rule would not change the fact that 

these four categories of vaccine are 

covered under the VICP and will not 

change the rights of any current or 

potential VICP petitioners. The 

Advisory Commission on Childhood 

Vaccines (ACCV) voted unanimously to 

approve this proposal at its December 4, 

2009 meeting. 

Economic and Regulatory Impact 

Executive Order 12866, as amended 

by Executive Orders 13258 and 13422, 

directs agencies to assess all costs and 

benefits of available regulatory 

alternatives and, when rulemaking is 

necessary, to select regulatory 

approaches that provide the greatest net 

benefits (including potential economic, 

environmental, public health, safety, 

distributive, and equity effects). In 

addition, under the Regulatory 

Flexibility Act, if a rule has a significant 

economic effect on a substantial number 

of small entities, the Secretary must 

specifically consider the economic 

effect of a rule on small entities and 

analyze regulatory options that could 

lessen the impact of the rule. Executive 

Order 12866, as amended by Executive 

Orders 13258 and 13422, requires that 

all regulations reflect consideration of 

alternatives, of costs, of benefits, of 

incentives, of equity, and of available 

information. Regulations must meet 

certain standards, such as avoiding an 

unnecessary burden. Regulations which 

are ‘‘significant’’ because of cost, adverse 

effects on the economy, inconsistency 

with other agency actions, effects on the 

budget, or novel legal or policy issues, 

require special analysis. 

The Secretary has determined that no 

resources are required to implement the 

requirements in this proposed rule. 

Therefore, in accordance with the 

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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Proposed Rules 55505 

Regulatory Flexibility Act of 1980 

(RFA), and the Small Business 

Regulatory Enforcement Fairness Act of 

1996, which amended the RFA, the 

Secretary certifies that this proposed 

rule will not, if implemented, have a 

significant impact on a substantial 

number of small entities. 

The Secretary has also determined 

that this proposed rule does not meet 

the criteria for a major rule as defined 

by Executive Order 12866, as amended 

by Executive Orders 13258 and 13422, 

and would have no major effect on the 

economy or Federal expenditures. The 

Secretary has determined that this 

proposed rule is not a ‘‘major rule’’ 

within the meaning of the statute 

providing for Congressional Review of 

Agency Rulemaking, 5 U.S.C. 801. 

Similarly, it will not have effects on 

State, local, and tribal governments and 

on the private sector such as to require 

consultation under the Unfunded 

Mandates Reform Act of 1995. 

The Secretary has reviewed this 

proposed rule in accordance with 

Executive Order 13132 regarding 

federalism, and has determined that it 

does not have ‘‘federalism implications.’’ 

This rule would not ‘‘have substantial 

direct effects on the States, or on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

The proposals made in this notice of 

proposed rulemaking, if implemented, 

would not adversely affect the following 

family elements: Family safety, family 

stability, marital commitment; parental 

rights in the education, nurture and 

supervision of their children; family 

functioning, disposable income, or 

poverty; or the behavior and personal 

responsibility of youth, as determined 

under section 654(c) of the Treasury and 

General Government Appropriations 

Act of 1999. 

Impact of the New Rule 

This proposed rule is technical in 

nature. Because the vaccines being 

added to the Table as separate categories 

are already included on the Table under 

Category XIII, this Table will have no 

effect on current or potential petitioners 

other than to help clarify which 

vaccines are covered by the VICP. If 

implemented, the proposals made in 

this notice would not prevent otherwise 

eligible individuals with claims of 

injuries or deaths allegedly resulting 

from the hepatitis A, trivalent influenza, 

meningococcal and human 

papillomavirus (HPV) vaccines from 

filing claims with the VICP and would 

not otherwise affect such petitioners. 

Paperwork Reduction Act 

This proposed rule does not have any 

information collection requirements. 

Dated: May 12, 2010. 

Mary Wakefield, 

Administrator, Health Resources and Services 

Administration. 

Approved: June 8, 2010. 

Kathleen Sebelius, 

Secretary. 

List of Subjects in 42 CFR Part 100 

Biologics, Health insurance, and 

Immunization. 

Accordingly, 42 CFR part 100 is 

proposed to be amended as set forth 

below: 

PART 100—VACCINE INJURY 

COMPENSATION 

1. The authority citation for 42 CFR 

part 100 continues to read as follows: 

Authority: Secs. 312 and 313 of Pub. L. 

99–660, 100 Stat. 3779–3782 (42 U.S.C. 

300aa–1 note); sec. 2114(c) and (e) of the PHS 

Act (42 U.S.C. 300aa–14(c) and (e)); sec. 

2115(a)(3)(B) of the PHS Act (42 U.S.C. 

300aa–15(a)(3)(B)); sec. 904(b) of Pub. L. 105– 

34, 111 Stat. 873; sec. 1503 of Pub. L. 105– 

277, 112 Stat. 2681–741; and sec. 523(a) of 

Pub. L. 106–170, 113 Stat. 1927–1928. 

2. Amend § 100.3 by revising the 

Vaccine Injury Table following 

paragraph (a), revising paragraph (c) (1), 

redesignating paragraph (c) (5) as 

paragraph (c) (8) and revising newly 

designated paragraph (c) (8), and adding 

new paragraphs (c) (5), (c) (6), and (c) 

(7), to read as follows: 

§ 100.3 Vaccine injury table 

(a) * * * 

VACCINE INJURY TABLE

Vaccine Illness, disability, injury or condition covered 

Time period for first symptom or manifestation 

of onset or of significant aggravation after 

vaccine administration 

I. Vaccines containing tetanus toxoid (e.g., 

DTaP, DTP, DT, Td, or TT).

A. Anaphylaxis or anaphylactic shock ............. 4 hours. 

B. Brachial Neuritis .......................................... 2–28 days. 

C. Any acute complication or sequela (including death) of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

II. Vaccines containing whole cell pertussis bacteria, extracted or partial cell pertussis bacteria, or specific pertussis antigen(s) (e.g., 

DTP, DTaP, P, DTP–Hib).

A. Anaphylaxis or anaphylactic shock ............. 4 hours. 

B. Encephalopathy (or encephalitis) ................ 72 hours. 

C. Any acute complication or sequela (including death) of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

III. Measles, mumps, and rubella vaccine or 

any of its components (e.g., MMR, MR, M, R).

A. Anaphylaxis or anaphylactic shock ............. 4 hours. 

B. Encephalopathy (or encephalitis) ................ 5–15 days (not less than 5 days and not more 

than 15 days). 

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55506 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Proposed Rules 

VACCINE INJURY TABLE—Continued 

Vaccine Illness, disability, injury or condition covered 

Time period for first symptom or manifestation 

of onset or of significant aggravation after 

vaccine administration 

C. Any acute complication or sequela (including death) of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

IV. Vaccines containing rubella virus (e.g., 

MMR, MR, R).

A. Chronic arthritis ........................................... 7–42 days. 

B. Any acute complication or sequela (including death) of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

V. Vaccines containing measles virus (e.g., 

MMR, MR, M).

A. Thrombocytopenic purpura ......................... 7–30 days. 

B. Vaccine-Strain Measles Viral Infection in 

an immunodeficient recipient.

6 months. 

C. Any acute complication or sequela (including death) of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

VI. Vaccines containing polio live virus (OPV) ... A. Paralytic Polio 

—in a non-immunodeficient recipient ....... 30 days. 

—in an immunodeficient recipient ............ 6 months. 

—in a vaccine associated community 

case.

Not applicable. 

B. Vaccine-Strain Polio Viral Infection 

—in a non-immunodeficient recipient ....... 30 days. 

—in an immunodeficient recipient ............ 6 months. 

—in a vaccine associated community 

case.

Not applicable. 

C. Any acute complication or sequela (including death) of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

VII. Vaccines containing polio inactivated virus 

(e.g., IPV).

A. Anaphylaxis or anaphylactic shock ............. 4 hours. 

B. Any acute complication or sequela (including death of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

VIII. Hepatitis B. vaccines .................................. A. Anaphylaxis or anaphylactic shock ............. 4 hours. 

B. Any acute complication or sequela (including death) of an illness, disability, injury, or 

condition referred to above which illness, 

disability, injury, or condition arose within 

the time period prescribed.

Not applicable. 

IX. Hemophilus influenzae type b polysaccharide conjugate vaccines.No Condition Specified .................................... Not applicable. 

X. Varicella vaccine ............................................ No Condition Specified .................................... Not applicable. 

XI. Rotavirus vaccine ......................................... No Condition Specified .................................... Not applicable. 

XII. Pneumococcal conjugate vaccines .............. No Condition Specified .................................... Not applicable. 

XIII. Hepatitis A vaccines ................................... No Condition Specified .................................... Not applicable. 

XIV. Trivalent influenza vaccines ....................... No Condition Specified .................................... Not applicable. 

XV. Meningococcal vaccines .............................. No Condition Specified .................................... Not applicable. 

XVI. Human papillomavirus (HPV) vaccines ...... No Condition Specified .................................... Not applicable. 

XVII. Any new vaccine recommended by the 

Centers for Disease Control and Prevention 

for routine administration to children, after 

publication by the Secretary of a notice of 

coverage.

No Condition Specified .................................... Not applicable. 

* * * * * 

(c) * * * (1) Except as provided in 

paragraph (c) (2), (3), (4), (5), (6), or (7) 

of this section, the revised Table of 

Injuries set forth in paragraph (a) of this 

section and the Qualifications and Aids 

to Interpretation set forth in paragraph 

(b) of this section apply to petitions for 

compensation under the Program filed 

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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Proposed Rules 55507 

with the United States Court of Federal 

Claims on or after March 24, 1997. 

Petitions for compensation filed before 

such date shall be governed by section 

2114(a) and (b) of the Public Health 

Service Act as in effect on January 1, 

1995, or by § 100.3 as in effect on March 

10, 1995 (see 60 FR 7678, et seq., 

February 8, 1995), as applicable. 

* * * * * 

(5) Hepatitis A vaccines (Item XIII of 

the Table) are included on the Table as 

of December 1, 2004. 

(6) Trivalent influenza vaccines (Item 

XIV of the Table) are included on the 

Table as of July 1, 2005. 

(7) Meningococcal vaccines and 

human papillomavirus (HPV) vaccines 

(Items XV and XVI of the Table) are 

included on the Table as of February 1, 

2007. 

(8) Other new vaccines (Item XVII of 

the Table) will be included in the Table 

as of the effective date of a tax enacted 

to provide funds for compensation paid 

with respect to such vaccines. An 

amendment to this section will be 

published in the Federal Register to 

announce the effective date of such a 

tax. 

[FR Doc. 2010–22745 Filed 9–10–10; 8:45 am] 

BILLING CODE 4165–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1128] 

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 December 13, 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–1128, to 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. 

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) 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: 

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