Proposed Flood Elevation Determinations, 47751-47753 [2010-19550]
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules
47751
TABLE 2—STATUS OF REQUIREMENTS FOR THE PROPOSED DFW 1997 8-HOUR OZONE SERIOUS NONATTAINMENT
AREA—Continued
Requirement
Status
Action needed or date approved by EPA
Transportation control 182(c)(5) .........................
Transportation controls in place under the
1997 8-hr ozone moderate nonattainment
area SIP.
Implemented in all 9 counties ..........................
Implemented in all 9 counties ..........................
Implemented in core counties ..........................
Implemented in core counties ..........................
Adopt transportation controls as needed in the
serious nonattainment area and submit to
EPA for approval.
July 17, 2008 (73 FR 40972).
December 3, 2008 (73 FR 73562).
Must be expanded to all 9 counties.
Must be expanded to all 9 counties.
Implemented in core counties ..........................
Must be expanded to all 9 counties.
Due 1 year from the effective date of the final
rulemaking for this action.
Implemented in core counties ..........................
Implemented in core counties ..........................
Must be submitted to EPA for approval.
50 tpy threshold for VOCs 182(c) ......................
50 tpy threshold for NOX ....................................
De minimis rule 182(c)(6) ...................................
Special rule for modifications of sources emitting less than 100 tons. 182(c)(7).
Special rule for modifications of sources emitting 100 tons or more. 182(c)(8).
Contingency provisions 182(c)(9) .......................
Offsets of 1.2 to 1 182(c)(10) .............................
Stage II vapor recovery ......................................
IV. Proposed Action
Pursuant to section 181(b)(2) of the
Act, EPA is proposing to determine,
based on certified, quality-assured
monitoring data for 2007–2009, that the
DFW area did not attain the 1997 8-hour
ozone standard by the applicable June
15, 2010 attainment deadline. If EPA
finalizes this determination, upon the
effective date of the final determination
DFW will be reclassified by operation of
law as a serious 1997 8-hour ozone
nonattainment area. Pursuant to section
182(i) of the Act, EPA is also proposing
the schedule for submittal of the SIP
revisions required for serious areas once
the DFW area is reclassified. We
propose that Texas submit the required
SIP revisions for the serious attainment
demonstration, RFP, RACT, contingency
measures, and for all other serious area
measures required under CAA section
182(c) to EPA no later than one year
after the effective date of the final
rulemaking for this reclassification;
except that we propose that Texas
submit the required SIP revision for the
Stage II vapor recovery to EPA no later
than two years after the effective date of
the final rulemaking for this
reclassification, pursuant to section
182(b)(3)(A) of the Act.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
V. Statutory and Executive Order
Reviews
Under section 181(b)(2) of the CAA, a
determination of nonattainment is a
factual determination based upon air
quality considerations and the resulting
reclassification must occur by operation
of law. A determination of
nonattainment and the resulting
7 In
2005, the Texas Legislature repealed the
Texas Clean Fuel Fleet substitute program. As a
result, Texas must submit an equivalency
demonstration. See 75 FR 27514, beginning on page
27524 (May 17, 2010).
VerDate Mar<15>2010
14:21 Aug 06, 2010
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reclassification of a nonattainment area
by operation of law under section
181(b)(2) does not in and of itself create
any new requirements, but rather
applies the requirements contained in
the Clean Air Act. For these reasons,
this proposed 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
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Must be expanded to all 9 counties.
Submit evidence of widespread use or expand Stage II SIP to all 9 counties.4
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this 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 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 28, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010–19574 Filed 8–6–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–B–1060]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; correction.
AGENCY:
On July 2, 2009, FEMA
published in the Federal Register a
proposed rule that contained an
erroneous table. This notice provides
corrections to that table, to be used in
SUMMARY:
E:\FR\FM\09AUP1.SGM
09AUP1
47752
Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules
lieu of the information published at 74
FR 31656. The table provided here
represents the flooding sources, location
of referenced elevations, effective and
modified elevations, and communities
affected for Cumberland County, Maine
(All Jurisdictions). Specifically, it
addresses the following flooding
sources: Atlantic Ocean, Bonny Eagle
Pond, Casco Bay, Crescent Lake, Dock
Brook, Elkins Brook, Fore River,
Highland Lake, Jackson Brook,
Presumpscot River, and Saco Bay.
DATES: Comments are to be submitted
on or before November 8, 2010.
ADDRESSES: You may submit comments,
identified by Docket No. FEMA–B–
1060, 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) publishes proposed
determinations of Base (1% annualchance) Flood Elevations (BFEs) and
modified BFEs for communities
participating in the National Flood
Insurance Program (NFIP), 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 minimum requirements. 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
Corrections
In the proposed rule published at 74
FR 31656, in the July 2, 2009, issue of
the Federal Register, FEMA published a
table under the authority of 44 CFR
67.4. The table, entitled ‘‘Cumberland
County, Maine, and Incorporated Areas’’
addressed the following flooding
sources: Atlantic Ocean, Casco Bay,
Crescent Lake, Fore River, Jackson
Brook, Presumpscot River, and Saco
Bay. That table contained inaccurate
information as to the location of
referenced elevation, effective and
modified elevation in feet, or
communities affected for these flooding
sources. In addition, it did not include
the following flooding sources: Bonny
Eagle Pond, Dock Brook, Elkins Brook,
and Highland Lake. In this notice,
FEMA is publishing a table containing
the accurate information, to address
these prior errors. The information
provided below should be used in lieu
of that previously published.
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
∧ Elevation in meters
(MSL)
Location of Referenced
Elevation
Flooding Source(s)
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in those
buildings.
Effective
Communities Affected
Modified
Cumberland County, Maine (All Jurisdictions)
Atlantic Ocean .......................
Bonny Eagle Pond .................
Casco Bay .............................
Crescent Lake .......................
Dock Brook ............................
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Elkins Brook ...........................
Fore River ..............................
Highland Lake ........................
Jackson Brook .......................
Presumpscot River ................
VerDate Mar<15>2010
14:21 Aug 06, 2010
Along the shoreline at the intersection of Hannaford
Cove Road, Cunner Lane, and Rocky Point Lane.
Along the shoreline, approximately 1,050 feet east of
the intersection of Shore Road and Dyer Pond
Road.
Entire shoreline within the Town of Standish ..............
Along the shoreline, approximately 625 feet south of
the intersection of Tondreau Point Road and Birch
Run.
Along the shoreline, approximately 100 feet east of
the intersection of Bluff Road and Cloyster Road.
Along the shoreline at Edwards Road .........................
Just upstream of the confluence with Kezar Pond ......
Approximately 1.1 mile northwest of the intersection
of White Mountain Way and Davids View, at the
Town of Bridgton corporate limits.
Just upstream of the confluence with Kezar Pond ......
Approximately 1,400 feet northeast of High Street, at
the Town of Bridgton corporate limits.
Along the shoreline, at the terminus of Holyoke Wharf
Along the shoreline, at the terminus of Portland
Street.
Entire shoreline within the Town of Windham .............
Approximately 1,500 feet south of the intersection of
Thomas Drive and County Road.
Approximately 1,250 feet west of the intersection of
Cardinal Lane and River Road.
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+8
+12
None
+42
None
+8
+268
+10
None
+41
None
None
None
+278
+384
+384
Town of Casco.
Town of Bridgton.
None
None
+384
+384
Town of Bridgton.
+9
+10
None
+13
None
None
+192
+45
Town of Windham.
City of Portland.
None
+225
Town of Standish.
E:\FR\FM\09AUP1.SGM
09AUP1
Town of Cape Elizabeth.
Town of Standish.
City of Portland, City of
South Portland, Town of
Cape Elizabeth, Town of
Cumberland, Town of
Harpswell.
City of Portland, City of
South Portland.
Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
∧ Elevation in meters
(MSL)
Location of Referenced
Elevation
Flooding Source(s)
Effective
Saco Bay ...............................
Along the shoreline, approximately 1,200 feet west of
the intersection of Ferry Road and Black Point
Road.
Along the shoreline at the intersection of Black Point
Road and Whittier Lane.
47753
Communities Affected
Modified
None
+12
+8
Town of Scarborough.
+24
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
∧ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments 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.
ADDRESSES
City of Portland
Maps are available for inspection at City Hall, 389 Congress Street, Portland, ME 04101.
City of South Portland
Maps are available for inspection at City Hall, 25 Cottage Road, South Portland, ME 04106.
Town of Bridgton
Maps are available for inspection at 3 Chase Street, Bridgton, ME 04009.
Town of Cape Elizabeth
Maps are available for inspection at the Town Hall, 320 Ocean House Road, Cape Elizabeth, ME 04107.
Town of Casco
Maps are available for inspection at the Town Hall, 635 Meadow Road, Casco, ME 04015.
Town of Cumberland
Maps are available for inspection at the Town Hall, 290 Tuttle Road, Cumberland, ME 04021.
Town of Harpswell
Maps are available for inspection at the Town Hall, 263 Mountain Road, Harpswell, ME 04079.
Town of Scarborough
Maps are available for inspection at the Town Hall, 259 U.S. Route 1, Scarborough, ME 04074.
Town of Standish
Maps are available for inspection at the Town Office, 175 Northeast Road, Standish, ME 04084.
Town of Windham
Maps are available for inspection at 8 School Road, Windham, ME 04062.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
DEPARTMENT OF TRANSPORTATION
Dated: July 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation, Department of
Homeland Security, Federal Emergency
Management Agency.
Office of the Secretary
[FR Doc. 2010–19550 Filed 8–6–10; 8:45 am]
BILLING CODE 9110–12–P
49 CFR Parts 27, 37, and 38
[Docket No. OST–2006–23985]
RIN 2105–AD54
Transportation for Individuals With
Disabilities
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Notice of Public Meeting and
Extension of Comment period.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
AGENCY:
The Department of
Transportation is holding a public
meeting on August 20, 2010, concerning
the Department’s pending rulemaking to
amend its Americans with Disabilities
Act (ADA) rules. In connection with the
meeting, the comment period on this
SUMMARY:
VerDate Mar<15>2010
14:21 Aug 06, 2010
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will be reopened briefly, from August
19–25, 2010.
DATES: The public meeting will be held
on August 20, 2010. The reopened
comment period on the rulemaking will
extend from August 19 through August
25, 2010.
ADDRESSES: You may submit comments
(identified by the agency name and DOT
Docket ID Number OST–2006–23985) by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
E:\FR\FM\09AUP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Proposed Rules]
[Pages 47751-47753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19550]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1060]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: On July 2, 2009, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. This notice provides
corrections to that table, to be used in
[[Page 47752]]
lieu of the information published at 74 FR 31656. The table provided
here represents the flooding sources, location of referenced
elevations, effective and modified elevations, and communities affected
for Cumberland County, Maine (All Jurisdictions). Specifically, it
addresses the following flooding sources: Atlantic Ocean, Bonny Eagle
Pond, Casco Bay, Crescent Lake, Dock Brook, Elkins Brook, Fore River,
Highland Lake, Jackson Brook, Presumpscot River, and Saco Bay.
DATES: Comments are to be submitted on or before November 8, 2010.
ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1060, 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) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), 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 minimum requirements.
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.
Corrections
In the proposed rule published at 74 FR 31656, in the July 2, 2009,
issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``Cumberland County,
Maine, and Incorporated Areas'' addressed the following flooding
sources: Atlantic Ocean, Casco Bay, Crescent Lake, Fore River, Jackson
Brook, Presumpscot River, and Saco Bay. That table contained inaccurate
information as to the location of referenced elevation, effective and
modified elevation in feet, or communities affected for these flooding
sources. In addition, it did not include the following flooding
sources: Bonny Eagle Pond, Dock Brook, Elkins Brook, and Highland Lake.
In this notice, FEMA is publishing a table containing the accurate
information, to address these prior errors. The information provided
below should be used in lieu of that previously published.
----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Location of Referenced Depth in feet above
Flooding Source(s) Elevation ground [caret] Elevation Communities Affected
in meters (MSL)
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Cumberland County, Maine (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean...................... Along the shoreline at +8 +12 Town of Cape Elizabeth.
the intersection of
Hannaford Cove Road,
Cunner Lane, and Rocky
Point Lane.
Along the shoreline, None +42
approximately 1,050
feet east of the
intersection of Shore
Road and Dyer Pond
Road.
Bonny Eagle Pond.................... Entire shoreline within None +268 Town of Standish.
the Town of Standish.
Casco Bay........................... Along the shoreline, +8 +10 City of Portland, City
approximately 625 feet of South Portland,
south of the Town of Cape
intersection of Elizabeth, Town of
Tondreau Point Road Cumberland, Town of
and Birch Run. Harpswell.
Along the shoreline, None +41
approximately 100 feet
east of the
intersection of Bluff
Road and Cloyster Road.
Crescent Lake....................... Along the shoreline at None +278 Town of Casco.
Edwards Road.
Dock Brook.......................... Just upstream of the None +384 Town of Bridgton.
confluence with Kezar
Pond.
Approximately 1.1 mile None +384
northwest of the
intersection of White
Mountain Way and
Davids View, at the
Town of Bridgton
corporate limits.
Elkins Brook........................ Just upstream of the None +384 Town of Bridgton.
confluence with Kezar
Pond.
Approximately 1,400 None +384
feet northeast of High
Street, at the Town of
Bridgton corporate
limits.
Fore River.......................... Along the shoreline, at +9 +10 City of Portland, City
the terminus of of South Portland.
Holyoke Wharf.
Along the shoreline, at None +13
the terminus of
Portland Street.
Highland Lake....................... Entire shoreline within None +192 Town of Windham.
the Town of Windham.
Jackson Brook....................... Approximately 1,500 None +45 City of Portland.
feet south of the
intersection of Thomas
Drive and County Road.
Presumpscot River................... Approximately 1,250 None +225 Town of Standish.
feet west of the
intersection of
Cardinal Lane and
River Road.
[[Page 47753]]
Saco Bay............................ Along the shoreline, None +12 Town of Scarborough.
approximately 1,200
feet west of the
intersection of Ferry
Road and Black Point
Road.
Along the shoreline at +8 +24
the intersection of
Black Point Road and
Whittier Lane.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments 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.
ADDRESSES
City of Portland
Maps are available for inspection at City Hall, 389 Congress Street, Portland, ME 04101.
City of South Portland
Maps are available for inspection at City Hall, 25 Cottage Road, South Portland, ME 04106.
Town of Bridgton
Maps are available for inspection at 3 Chase Street, Bridgton, ME 04009.
Town of Cape Elizabeth
Maps are available for inspection at the Town Hall, 320 Ocean House Road, Cape Elizabeth, ME 04107.
Town of Casco
Maps are available for inspection at the Town Hall, 635 Meadow Road, Casco, ME 04015.
Town of Cumberland
Maps are available for inspection at the Town Hall, 290 Tuttle Road, Cumberland, ME 04021.
Town of Harpswell
Maps are available for inspection at the Town Hall, 263 Mountain Road, Harpswell, ME 04079.
Town of Scarborough
Maps are available for inspection at the Town Hall, 259 U.S. Route 1, Scarborough, ME 04074.
Town of Standish
Maps are available for inspection at the Town Office, 175 Northeast Road, Standish, ME 04084.
Town of Windham
Maps are available for inspection at 8 School Road, Windham, ME 04062.
----------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: July 29, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-19550 Filed 8-6-10; 8:45 am]
BILLING CODE 9110-12-P
