[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Proposed Rules]
[Page 62061-62069]
[DOCID:fr07oc10-25]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1145]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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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 January 5, 2011.

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-1145, 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,<PHONE_NUMBER>, or (e-
mail<EMAIL_ADDRESS>
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,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
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.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

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                                                                                * Elevation in feet
                                                                                (NGVD)  + Elevation in
                                                                                feet (NAVD)
                                                                                Depth in feet above
                State                      City/town/county                  Source of flooding                                     Location **                              ground  [caret]
                                                                                Elevation in meters
                                                                                (MSL)
                                                                                -------------------------
                                                                                Existing     Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                City of Suffolk, Virginia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Virginia.............................  City of Suffolk.........  Hampton Roads............................  From the intersection of Sandy Drive and South Road to             None           +8
                                                                                approximately 310 feet south, extending approximately 500
                                                                                feet west along Sandy Drive.
Virginia.............................  City of Suffolk.........  Unnamed Ponding areas controlled by        From the intersection of Sandy Drive and Hampton Road to           None           +8
                                                                  Hampton Roads.                             approximately 1,100 feet south, and extending
                                                                                approximately 510 feet east along Sandy Drive.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
[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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
 20472.

                                                                                ADDRESSES
City of Suffolk
Maps are available for inspection at Suffolk City Manager's Office, 441 Market Street, Suffolk, VA 23434.
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----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]       Communities  affected
                                             elevation            Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                  Clay County, Arkansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cypress Creek Ditch.................  Just upstream of                None         +283  City of Corning,
                                       Corridor 143.                                      Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 0.54 mile         None         +289
                                       downstream of Corridor
                                       142.
Sugar Creek.........................  Approximately 1,255             None         +282  Unincorporated Areas of
                                       feet downstream of                                 Clay County.
                                       Pfeiffer Street.
                                      Approximately 0.57 mile         None         +317
                                       upstream of the
                                       confluence with Club
                                       Drain.

Tributary 2.........................  Approximately 1,350             None         +329  Unincorporated Areas of
                                       feet upstream of West                              Clay County.
                                       Jackson Street.
Victory Lake........................  Approximately 0.5 mile          None         +281  City of Corning,
                                       upstream of Union                                  Unincorporated Areas
                                       Pacific Railroad.                                  of Clay County.
                                      Approximately 1.15 mile         None         +283
                                       upstream of Process
                                       Road.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Corning
Maps are available for inspection at City Hall, 304 Southwest 2nd Street, Corning, AR 72422.

                                       Unincorporated Areas of Clay County
Maps are available for inspection at the Clay County Courthouse, 168 East Main Street, Piggott, AR 72454.
----------------------------------------------------------------------------------------------------------------
                               Montgomery County, Indiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Dry Branch..........................  At the confluence with          None         +659  City of Crawfordsville,
                                       Sugar Creek.                                       Unincorporated Areas
                                                                                of Montgomery County.
                                      Approximately 0.5 mile          None         +766
                                       upstream of Joe Allen
                                       Parkway.
Sugar Creek.........................  Approximately 1.2 mile          None         +647  City of Crawfordsville,
                                       downstream of NYC                                  Unincorporated Areas
                                       Railroad.                                          of Montgomery County.
                                      Approximately 0.38 mile         None         +689
                                       upstream of I-74.
Unnamed Tributary Dry Branch........  At the confluence with          None         +698  City of Crawfordsville,
                                       Dry Branch.                                        Unincorporated Areas
                                                                                of Montgomery County.
                                      Approximately 260 feet          None         +791
                                       upstream of County
                                       Road 150 South.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Crawfordsville
Maps are available for inspection at the Planning and Community Development Department, 300 East Pike Street,
 Crawfordsville, IN 47933.

                                    Unincorporated Areas of Montgomery County
Maps are available for inspection at the Montgomery County South Boulevard Building, 110 West South Boulevard,
 Crawfordsville, IN 47933.
----------------------------------------------------------------------------------------------------------------
                               Morehouse Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Horse Bayou.........................  Just upstream of Cherry         None          +98  City of Bastrop,
                                       Ridge Road.                                        Unincorporated Areas
                                                                                of Morehouse Parish.
                                      Approximately 140 feet          None         +122
                                       upstream of Louisiana
                                       Highway 830-4.
Staulking Head Creek................  Approximately 489 feet          None          +84  City of Bastrop,
                                       downstream of Henry                                Unincorporated Areas
                                       Avenue.                                            of Morehouse Parish.
                                      Approximately 520 feet          None         +114
                                       upstream of Cleveland
                                       Street.

W-10 Canal..........................  Approximately 4,330             None          +91  City of Bastrop,
                                       feet downstream of the                             Unincorporated Areas
                                       dam.                                               of Morehouse Parish.
                                      Approximately 2,382             None         +102
                                       feet upstream of the
                                       dam.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Bastrop
Maps are available for inspection at 202 East Jefferson Street, Room 230, Bastrop, LA 71221.

                                    Unincorporated Areas of Morehouse Parish
Maps are available for inspection at 125 East Madison Avenue, Bastrop, LA 71220.
----------------------------------------------------------------------------------------------------------------
                                 Cecil County, Maryland, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Back Creek..........................  Approximately 224 feet          None          +11  Unincorporated Areas of
                                       downstream of 2nd                                  Cecil County.
                                       Street.
                                      Approximately 1,136             None          +11
                                       feet upstream of Old
                                       Telegraph Road.
Big Elk Creek.......................  At West Pulaski Road...          +11          +12  Town of Elkton,
                                                                                Unincorporated Areas
                                                                                of Cecil County.
                                      Approximately 1,140             None          +80
                                       feet downstream of Elk
                                       Mills Road.
Bohemia River.......................  At Augustine Herman             None          +11  Unincorporated Areas of
                                       Highway.                                           Cecil County.
                                      Approximately 860 feet          None          +11
                                       upstream of Old
                                       Telegraph Road.
Chesapeake and Delaware Canal.......  Approximately 0.92 mile         None          +11  Unincorporated Areas of
                                       upstream of Augustine                              Cecil County.
                                       Herman Highway.
                                      Approximately 1.96 mile         None          +11
                                       upstream of Augustine
                                       Herman Highway.
Christina Creek.....................  Approximately 647 feet          +179         +181  Unincorporated Areas of
                                       downstream of Little                               Cecil County.
                                       Egypt Road.
                                      Approximately 977 feet          +259         +260
                                       downstream of Elbow
                                       Road.
Dogwood Run.........................  At the confluence with           +21          +22  Town of Elkton,
                                       Little Elk Creek.                                  Unincorporated Areas
                                                                                of Cecil County.
                                      Approximately 422 feet           +21          +22
                                       upstream of the
                                       confluence with Little
                                       Elk Creek.
Gravelly Run........................  At the confluence with          None          +50  Unincorporated Areas of
                                       Little Elk Creek.                                  Cecil County.
                                      Approximately 246 feet          None          +57
                                       downstream of Blue
                                       Ball Road.
Hall Creek..........................  At Glebe Road..........         None          +11  Unincorporated Areas of
                                                                                Cecil County.
                                      Approximately 0.86 mile         None          +11
                                       upstream of Mill Lane.
Herring Creek.......................  Approximately 2.74              None          +11  Unincorporated Areas of
                                       miles downstream of                                Cecil County.
                                       Augustine Herman
                                       Highway.
                                      Approximately 1,609             None          +11
                                       feet downstream of
                                       Augustine Herman
                                       Highway.
Laurel Run..........................  At the confluence with          None          +40  Unincorporated Areas of
                                       Little Elk Creek.                                  Cecil County.
                                      Approximately 1,500             None          +59
                                       feet downstream of the
                                       confluence with West
                                       Branch Laurel Run.
Little Bohemia Creek................  At the confluence with          None          +11  Unincorporated Areas of
                                       Bohemia Creek.                                     Cecil County.
                                      At Bohemia Church Road.         None          +11

Little Elk Creek....................  Approximately 631 feet           +11          +14  Town of Elkton,
                                       downstream of West                                 Unincorporated Areas
                                       Pulaski Highway.                                   of Cecil County.
                                      Approximately 1,220              +15          +16
                                       feet downstream of
                                       Elkton Road.
Little Elk Creek....................  Approximately 425 feet          None          +40  Unincorporated Areas of
                                       downstream of the                                  Cecil County.
                                       confluence with Laurel
                                       Run.
                                      Approximately 910 feet          None          +58
                                       downstream of Heron
                                       Lane.
Little Northeast Creek..............  Approximately 210 feet           +37          +39  Unincorporated Areas of
                                       upstream of Pulaski                                Cecil County.
                                       Highway.
                                      Approximately 115 feet           +52          +53
                                       upstream of Mechanics
                                       Valley Road.
Long Creek..........................  At Boat Yard Road......         None          +11  Unincorporated Areas of
                                                                                Cecil County.
                                      At Woods Road..........         None          +11
Mill Creek..........................  Approximately 52 feet           +104         +106  Unincorporated Areas of
                                       downstream of Chessie                              Cecil County.
                                       System Railroad.
                                      Approximately 260 feet          +283         +284
                                       downstream of
                                       Principio Road.
Mill Creek (Tributary to Little Elk   Approximately 1,624             None          +11  Unincorporated Areas of
 Creek).                               feet downstream of Old                             Cecil County.
                                       Elk Neck Road.
                                      Approximately 1,939             None          +11
                                       feet upstream of Old
                                       Elk Neck Road.
Northeast Creek.....................  Approximately 76 feet            +11          +13  Town of North East,
                                       downstream of Main                                 Unincorporated Areas
                                       Street.                                            of Cecil County.
                                      Approximately 125 feet           +71          +72
                                       downstream of Chessie
                                       System Railroad.
Perch Creek.........................  Approximately 0.49 mile         None          +11  Unincorporated Areas of
                                       downstream of                                      Cecil County.
                                       Augustine Herman
                                       Highway.
                                      At Augustine Herman             None          +11
                                       Highway.
Plum Creek..........................  Approximately 1.32 mile         None          +11  Unincorporated Areas of
                                       downstream of Old                                  Cecil County.
                                       Field Point Road.
                                      Approximately 1,154             None          +11
                                       feet upstream of Old
                                       Elk Neck Road.
Susquehanna River...................  Approximately 1.75 mile          +11          +12  Unincorporated Areas of
                                       upstream of I-95.                                  Cecil County.
                                      At U.S. Route 1........          +37          +38
Tributary 1 To Stone Run............  Approximately 0.4 mile          +282         +283  City of Rising Sun,
                                       downstream of Mount                                Unincorporated Areas
                                       Street.                                            of Cecil County.
                                      Approximately 995 feet          +327         +330
                                       downstream of Main
                                       Street.
Unnamed Tributary To Laurel Run.....  Approximately 230 feet          None          +41  Unincorporated Areas of
                                       upstream of the                                    Cecil County.
                                       confluence with Laurel
                                       Run.
                                      Approximately 1,400             None          +52
                                       feet upstream of the
                                       confluence with Laurel
                                       Run.
West Branch Christina River.........  Approximately 525 feet          +143         +144  Unincorporated Areas of
                                       downstream of Vieves                               Cecil County.
                                       Way.
                                      Approximately 332 feet          +156         +157
                                       upstream of Barksdale
                                       Road.
West Branch Laurel Run..............  Approximately 494 feet          None          +64  Unincorporated Areas of
                                       upstream of the                                    Cecil County.
                                       confluence with Laurel
                                       Run.
                                      Approximately 93 feet           None          +74
                                       upstream of Marley
                                       Road.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Rising Sun
Maps are available for inspection at City Hall, 1 East Main Street, Rising Sun, MD 21911.

Town of Elkton
Maps are available for inspection at the Town Hall, 100 Railroad Avenue, Elkton, MD 21921.

Town of North East
Maps are available for inspection at the Town Hall, 106 South Main Street, North East, MD 21901.

                                      Unincorporated Areas of Cecil County
Maps are available for inspection at the Cecil County Office Of Planning and Zoning, 200 Chesapeake Boulevard,
 Suite 2300, Elkton, MD 21921.
----------------------------------------------------------------------------------------------------------------
                               Walsh County, North Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Red River of the North..............  Approximately 2,000             None         +802  Unincorporated Areas of
                                       feet downstream of                                 Walsh County.
                                       77th Street Northeast
                                       extended.
                                      Approximately 260 feet          None         +812
                                       upstream of North
                                       Dakota Highway 54.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
                                      Unincorporated Areas of Walsh County
Maps are available for inspection at 600 Cooper Avenue, Grafton, ND 58237.
----------------------------------------------------------------------------------------------------------------
                               Schuylkill County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Little Schuylkill River.............  Approximately 1,750             None         +548  Township of East
                                       feet downstream of                                 Brunswick.
                                       State Route 895 bridge.
                                      Approximately at the            None         +563
                                       railroad bridge.
Mahanoy Creek.......................  Approximately 0.71 mile         None         +781  Township of Butler.
                                       upstream of Rice Road.
                                      Approximately 560 feet          None         +811
                                       upstream of the
                                       railroad bridge.
Schuylkill River....................  Approximately 1,349             None         +594  Borough of
                                       feet upstream of Mount                             Mechanicsville,
                                       Carbon Arch Road.                                  Borough of Palo Alto.
                                      Approximately 100 feet          None         +631
                                       upstream of Coal
                                       Street.
West Branch Schuylkill River........  Approximately 1,582             None         +702  Township of New Castle,
                                       feet upstream of East                              Township of Norwegian.
                                       Sunbury Street.
                                      Approximately 169 feet          None         +848
                                       upstream of the
                                       intersection of
                                       Greenbury Road and
                                       State Route 4002.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
Borough of Mechanicsville
Maps are available for inspection at the Mechanicsville Borough Hall, 1342 Pottsville Street, Mechanicsville
 Borough Hall, PA 17901.

Borough of Palo Alto
Maps are available for inspection at the Borough Hall, 142 East Bacon Street, Palo Alto, PA 17901.

Township of Butler
Maps are available for inspection at the Butler Township Municipal Building, 211 Broad Street, Ashland, PA
 17921.

Township of East Brunswick
Maps are available for inspection at the East Brunswick Township Municipal Building, 55 West Catawissa Street,
 New Ringgold, PA 17960.

Township of New Castle
Maps are available for inspection at the New Castle Township Municipal Building, 248-250 Broad Street, Saint
 Clair, PA 17970.

Township of Norwegian
Maps are available for inspection at the Norwegian Township Municipal Building, 506 Maple Avenue, Marlin, PA
 17951.
----------------------------------------------------------------------------------------------------------------

                            Darlington County, South Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaverdam Creek.....................  At the confluence with          None         +178  Unincorporated Areas of
                                       Black Creek.                                       Darlington County.
                                      Approximately 0.7 mile          None         +189
                                       upstream of Bobo
                                       Newsom Highway.
Black Creek (DS)....................  Approximately 0.5 mile          None          +77  City of Darlington,
                                       downstream of Muses                                Unincorporated Areas
                                       Bridge Road.                                       of Darlington County.
                                      Just downstream of              None         +102
                                       Society Hill Road.
Black Creek.........................  Approximately 1.4 mile          None         +158  City of Hartsville,
                                       downstream of Patrick                              Unincorporated Areas
                                       Highway.                                           of Darlington County.
                                      Approximately 0.5 mile          None         +178
                                       downstream of New
                                       Market Road.
Black Creek (US)....................  Approximately 1,148             None         +189  Unincorporated Areas of
                                       feet downstream of                                 Darlington County.
                                       West Old Camden Road.
                                      Approximately 2.6 miles         None         +227
                                       upstream of West Old
                                       Camden Road.
Black Creek Tributary 1.............  At the confluence with          None          +85  Unincorporated Areas of
                                       Black Creek.                                       Darlington County.
                                      Approximately 0.5 mile          None          +86
                                       upstream of the
                                       confluence with Black
                                       Creek.
Great Pee Dee River.................  Approximately 927 feet          None          +82  Unincorporated Areas of
                                       downstream of North                                Darlington County.
                                       Main Street.
                                      At the confluence with          None          +84
                                       Cedar Creek.
High Hill Creek.....................  Approximately 67 feet           None          +89  Unincorporated Areas of
                                       downstream of Pisgah                               Darlington County.
                                       Road.
                                      Approximately 140 feet          None         +110
                                       upstream of Ebenezer
                                       Road.
Indian Creek........................  At the confluence with          None         +117  City of Darlington,
                                       Swift Creek.                                       Unincorporated Areas
                                                                                of Darlington County.
                                      Approximately 0.5 mile          None         +142
                                       upstream of Rogers
                                       Road.
McCalls Branch......................  Approximately 1,441             None         +166  Unincorporated Areas of
                                       feet downstream of I-                              Darlington County.
                                       20.
                                      Approximately 364 feet          None         +176
                                       upstream of Buck
                                       Reynolds Road.
Newman Swamp........................  Approximately 445 feet          None         +149  Town of Lamar,
                                       downstream of Zion                                 Unincorporated Areas
                                       Road.                                              of Darlington County.
                                      Approximately 1,860             None         +152
                                       feet upstream of Lamar
                                       Highway.
Spring Branch.......................  At the confluence with          None         +159  Unincorporated Areas of
                                       Black Creek.                                       Darlington County.
                                      Approximately 0.9 mile          None         +187
                                       upstream of North 5th
                                       Street.
Star Fork Branch....................  At the confluence with          None         +103  Unincorporated Areas of
                                       High Hill Creek.                                   Darlington County.
                                      Approximately 325 feet          None         +114
                                       upstream of Ebenezer
                                       Road.
Star Fork Branch Tributary 1........  At the confluence with          None         +103  Unincorporated Areas of
                                       Star Fork Branch.                                  Darlington County.
                                      Approximately 733 feet          None         +120
                                       downstream of Ebenezer
                                       Road.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Darlington
Maps are available for inspection at 400 Pearl Street, Darlington, SC 29532.

City of Hartsville
Maps are available for inspection at 133 West Carolina Avenue, Hartsville, SC 29551.

Town of Lamar

Maps are available for inspection at 117 Main Street, Lamar, SC 29069.

                                    Unincorporated Areas of Darlington County
Maps are available for inspection at 1 Public Square, Room 405, Darlington, SC 29532.
----------------------------------------------------------------------------------------------------------------
                                  Navarro County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Harris Branch of Richland Creek.....  Approximately 1,300             None         +406  City of Corsicana,
                                       feet upstream of                                   Unincorporated Areas
                                       Southwest County Road                              of Navarro County.
                                       1070.
                                      Approximately 1,600             None         +435
                                       feet downstream of
                                       West Cowhead Road.
Harris Branch of Richland Creek       Just upstream of the            None         +417  City of Corsicana.
 Tributary 1.                          confluence with Harris
                                       Branch of Richland
                                       Creek.
                                      Approximately 900 feet          None         +422
                                       upstream of the
                                       confluence with Harris
                                       Branch of Richland
                                       Creek.
Harris Branch of Richland Creek       Just upstream of the            None         +423  City of Corsicana.
 Tributary 2.                          confluence with Harris
                                       Branch of Richland
                                       Creek.
                                      Approximately 1,150             None         +425
                                       feet upstream of the
                                       confluence with Harris
                                       Branch of Richland
                                       Creek.
Harris Branch of Richland Creek       Just upstream of the            None         +423  City of Corsicana.
 Tributary 3.                          confluence with Harris
                                       Branch of Richland
                                       Creek.
                                      Approximately 0.28 mile         None         +430
                                       upstream of the
                                       confluence with Harris
                                       Branch of Richland
                                       Creek.
Harris Branch of Richland Creek       Just upstream of the            None         +424  City of Corsicana.
 Tributary 5.                          confluence with Harris
                                       Branch of Richland
                                       Creek.
                                      Approximately 0.44 mile         None         +432
                                       upstream of the
                                       confluence with Harris
                                       Branch of Richland
                                       Creek.
Little Harris Branch................  Just upstream of the            None         +406  City of Corsicana,
                                       confluence with Harris                             Unincorporated Areas
                                       Branch of Richland                                 of Navarro County.
                                       Creek.
                                      Approximately 0.58 mile         None         +424
                                       upstream of the
                                       confluence with Harris
                                       Branch of Richland
                                       Creek.
Little Mesquite Branch..............  Approximately 1,500             None         +384  City of Corsicana.
                                       feet downstream of the
                                       confluence with
                                       Mesquite Branch.
                                      Approximately 750 feet          None         +403
                                       downstream of I-45.
Post Oak Creek......................  Approximately 750 feet          None         +347  Unincorporated Areas of
                                       upstream of County                                 Navarro County.
                                       Road 10.
                                      Approximately 900 feet          None         +416
                                       upstream of the
                                       confluence with Post
                                       Oak Creek Tributary 7.
Post Oak Creek Tributary 5..........  Just upstream of                +418         +416  City of Corsicana.
                                       Burlington Northern
                                       Santa Fe Railroad.
                                      Just upstream of                +430         +427
                                       Forrest Lane.
Post Oak Creek Tributary 7..........  Approximately 250 feet          None         +414  City of Corsicana,
                                       downstream of Bowie                                Unincorporated Areas
                                       Circle.                                            of Navarro County.
                                      Approximately 775 feet          None         +440
                                       upstream of Ryan Drive.
Town Branch.........................  Approximately 550 feet          None         +454  City of Corsicana.
                                       upstream of 24th
                                       Street.
                                      Approximately 900 feet          None         +457
                                       upstream of 24th
                                       Street.
Tributary of Little Mesquite Branch.  Just upstream of the            None         +330  City of Corsicana.
                                       confluence with Little
                                       Mesquite Branch.
                                      Approximately 825 feet          None         +409
                                       upstream of U.S. Route
                                       287.
----------------------------------------------------------------------------------------------------------------
* 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 Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Corsicana
Maps are available for inspection at City Hall, 200 North 12th Street, Corsicana, TX 75110.

                                     Unincorporated Areas of Navarro County
Maps are available for inspection at the Navarro County Courthouse, 300 West 3rd Avenue, Corsicana, TX 75110.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 21, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-25340 Filed 10-6-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: February 9, 2006 (Volume 71, Number 27)]
[Proposed Rules]
[Page 6729-6733]
[DOCID:fr09fe06-23]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[OAR-2005-0124; FRL-8030-1]
RIN 2060-AN34

Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of HFE-7300

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action proposes to revise EPA's definition of volatile
organic compounds (VOC) for purposes of preparing State implementation
plans (SIPs) to attain the national ambient air quality standards
(NAAQS) for ozone under title I of the Clean Air Act (CAA). This
proposed revision would add 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane [also known as HFE-7300 or L-14787 or
C2F5CF(OCH3)CF(CF3)2
] to the list of compounds excluded from the definition of VOC on the
basis that this compound makes a negligible contribution to
tropospheric ozone formation. If you use or produce HFE-7300 and are
subject to EPA regulations limiting the use of VOC in your product,
limiting the VOC emissions from your facility, or otherwise controlling
your use of VOC for purposes related to attaining the ozone NAAQS, then
you will not count HFE-7300 as a VOC in determining whether you meet
these regulatory obligations. This action may also affect whether HFE-
7300 is considered as a VOC for State regulatory purposes, depending on
whether the State relies on EPA's definition of VOC. As a result, if
you are subject to certain Federal regulations limiting emissions of
VOCs, your emissions of HFE-7300 may not be regulated for some
purposes.

DATES: Comments on this proposal must be received by March 13, 2006.
Requests for a hearing must be submitted by February 24, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2005-
0124, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET,

EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
     E-mail: Send e-mail to the EPA Docket Center at
<EMAIL_ADDRESS>
     Fax: Send faxes to the EPA Docket Center at (202) 566-
1741.
     Mail: Environmental Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Attn: Docket No.
OAR-2005-0124, ``Air Quality: Revision to Definition of Volatile
Organic Compounds--Exclusion of HFE-7300.'' Please include a total of
two copies.
     Hand Delivery: EPA Docket Center, U.S. Environmental
Protection Agency, EPA West Building, Room B102, 1301 Constitution
Avenue, NW., Washington, DC. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. OAR-2005-0124.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.epa.gov/edocket
, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some

information is not publicly available, i.e., CBI 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 in EDOCKET or in hard copy at the EPA Docket
Center, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.
    Public Hearing: If anyone contacts EPA requesting a public hearing,
it will be held at Research Triangle Park, NC. Persons wishing to
request a public hearing, wanting to attend the hearing or wishing to
present oral testimony should notify Mr. David Sanders, Air Quality
Strategies and Standards Division (C539-02), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711, telephone (919)
541-3356. EPA will publish notice of a hearing, if requested, in the
Federal Register. Any hearing will be strictly limited to the subject
matter of the proposal, the scope of which is discussed below.
Interested persons may call Mr. Sanders to see if a hearing will be
held and the date and location of any hearing.

FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Strategies and Standards Division
(C539-02), Research Triangle Park, NC 27711, phone<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This compound has potential for use as a
heat-transfer fluid. As a hydrofluoroether (HFE), this compound may be
used as an alternative to ozone-depleting substances. Under the
Significant New Alternatives Policy (SNAP) program (CAA 612; 40 CFR
part 82 subpart G), EPA may identify substitutes for ozone-depleting
compounds, evaluate the acceptability of these substitutes, determine
as acceptable for use those substitutes believed to present lower
overall risks to human health and the environment (relative to the
class I and class II compounds being replaced, as well as to other
substitutes for the same end-use), and prohibit the use of those
substitutes found, based on the same comparisons, to increase overall
risks. Because they do not contain chlorine or bromine, they do not
deplete the ozone layer. All HFEs have an ozone depletion potential
(ODP) of 0 although some HFEs have high global warming potential (GWP).
    According to a U.S. patent application submitted by 3M Innovative
Properties Company, the organic compound 1,1,1,2,2,3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
] that is the subject of this notice possesses the capacity to form
myriad azeotrope mixtures with other organic compounds such as 1-
bromopropane, hexamethyldisilazane, isobutyl acetate, methylisobutyl
ketone, trans-1,2-dichloroethylene, and trifluoromethylbenzene which
may not be exempt from VOC regulation. This patent application lists a
broad range of processes and applications where these azeotropes can be
used. Some of these azeotrope uses include: (1) Coating deposition
applications, where the azeotrope functions as a carrier for a coating
material, (2) heat-transfer fluids in heat-transfer processes, (3) to
clean organic and/or inorganic substrates, and (4) to formulate working
fluids or lubricants for machinery operations and manufacturing
processes.
    The patent application indicated that the azeotrope mixtures can be
formulated at compositions of 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-
4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
] ranging from 1 to 100 percent, depending on the organic co-solvent
and the desired properties of the azeotrope.

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the atmosphere. Because of
the harmful health effects of ozone, EPA and State governments limit
the amount of VOC and NOX that can be released into the
atmosphere. Volatile organic compounds are those compounds of carbon
(excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium carbonate) which form ozone
through atmospheric photochemical reactions. Compounds of carbon (also
known as organic compounds) have different levels of reactivity--that
is, they do not react at the same speed or do not form ozone to the
same extent. It has been EPA's policy that organic compounds with a
negligible level of reactivity need not be regulated to reduce ozone.
EPA determines whether a given organic compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. EPA lists these compounds in its regulations [at 40 CFR
51.100(s)] and excludes them from the definition of VOC. The chemicals
on this list are often called ``negligibly reactive'' organic
compounds.
    On July 8, 1977, EPA published the ``Recommended Policy on Control
of Volatile Organic Compounds'' (42 FR 35314) which established the
basic policy that EPA has used regarding organic chemical photochemical
reactivity since that time. In that statement, EPA identified the
following four compounds as being of negligible photochemical
reactivity and said these should be exempt from regulation under SIPs:
Methane; ethane; 1,1,1-trichloroethane (methyl chloroform); and 1,1,2-
trichloro-1,2,2-trifluoroethane (CFC-113). That policy statement said
that as new information becomes available, EPA may periodically revise
the list of negligibly reactive compounds to add compounds to or delete
them from the list.
    EPA's decision to exempt certain compounds in its 1977 policy was
heavily influenced by experimental smog chamber work done earlier in
the 1970's. In this experimental work, various compounds were injected
into a smog chamber at a molar concentration that was typical of the
total molar concentration of VOC in Los Angeles ambient air (4 ppmv).
As the compound was allowed to react with NOX at
concentrations of 0.2 ppm, the maximum ozone formed in the chamber was
measured. If the compound in the smog chamber did not result in ozone
formation of 0.08 ppm (0.08 ppm was the NAAQS for oxidants at that
time), it was assumed that emissions of the compound would not cause
the oxidant standard to be exceeded. The compound could then be
considered to be negligibly reactive. Ethane was the most reactive
compound tested that did not cause the 0.08 ppm ozone level in the smog
chamber to be met or exceeded. Based on those findings and judgments,
EPA designated ethane as negligibly reactive, and ethane became the
benchmark VOC species separating reactive from negligibly reactive
compounds.
    Since 1977, the primary method for comparing the reactivity of a
specific compound to that of ethane has been to compare the
kOH values for ethane and the specific compound of interest.
The kOH value represents the molar rate constant for
reactions between the subject compound (e.g., ethane) and the hydroxyl
radical (i.e., OH). This reaction is very important since it is
the primary pathway by which most organic compounds initially
participate in atmospheric photochemical reaction processes. At this
time, EPA has exempted 53 compounds or classes of compounds with 4 of
these based on a new comparison using Maximum Incremental Reactivity
(MIR) values and

the remainder based on a comparison of kOH values.
    On August 30, 2004, the Performance Chemicals and Fluid Division of
the 3M Company submitted to EPA a petition requesting that the compound
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane be
added to the list of compounds which are considered to be negligibly
reactive in the definition of VOC at 40 CFR 51.100(s).
    This compound would be used as a heat transfer liquid and for other
heat transfer applications. In its petition, 3M points out that it has
suggested HFE-7300 be used to reduce greenhouse gases resulting from
emissions of compounds such as hydroflurocarbons, perfluorocarbons, and
perfluoropolyethers in certain applications and, therefore, help reduce
global warming potential.
    In support of 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane, 3M Company supplied information on its
photochemical reactivity. The 3M Company stated that, as a
hydrofluoroether, this compound is very similar in structure, toxicity,
and atmospheric properties to other compounds such as
C4F9OCH3,
(CH3)2CFCF2OCH3,
C4F9OC2H5,
(CH3)2CFCF2OC2H5,
 n-C3F7OCH3, and
C3F7CF(OC2H5)CF(CF3
)2 which are exempt from the VOC definition.
    Other information submitted by 3M Company consists mainly of a
peer-reviewed article entitled ``Atmospheric Chemistry of Some
Fluoroethers,'' Guschin, Molina, Molina: Massachusetts Institute of
Technology, May 1998,which has been submitted to the docket. This
article discusses a study in which the rate constant for the reaction
of the subject compound with the hydroxyl (OH) radical is shown to be
less than that for ethane and slightly more than that for methane. This
rate constant (kOH value) is commonly used as one measure of
the photochemical reactivity of compounds. The petitioner compared the
subject compound rate constant with that of ethane, which has already
been listed as photochemically negligibly reactive. The compound under
consideration has the reported kOH rate constant as listed
in Table 1 which is lower that that of ethane at 2.4 x
10-13. The scientific information which the petitioner has
submitted in support of the petition has been added to the docket for
this rulemaking. This information includes references for the journal
articles where the rate constant values are published.
    EPA has included the 3M Company Material Safety Data Sheet for HFE-
7300 indicating the compound as having very low toxicity. This
information has been placed in the docket.

                                      Table 1.--Reaction Rate and Toxicity
----------------------------------------------------------------------------------------------------------------
                                                                            MIR
           Compound              OH Radical at 25 [deg]C ----------------------------------------    Toxicity
                                   (cm3/molecule/sec)            mole                gram
----------------------------------------------------------------------------------------------------------------
HFE-7300......................              1.5 x 10-14                Not available              Very low.
----------------------------------------------------------------------------------------------------------------

II. EPA Response to the Petition

    For the petition submitted by the 3M Company, the data submitted by
the petitioners support the contention that the reactivity of the
compound submitted, with respect to reaction with the OH radical in the
atmosphere, is lower than that of ethane.
    This notice to exempt 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
] as negligibly reactive from the VOC definition applies to this
compound only in its pure state and does not apply to any of its
azeotrope mixtures or organic blends in which any of the other
constituents are not VOC exempt compounds. The term ``pure state'' is
taken to mean at a composition purity level of at least 99.96 percent
by weight (cited in the patent application 10/739,231 published on June
23, 2005 titled ``Azeotrope-like Compositions and Their Use,''
Publication Number: US 2005/0137113 A1) of 1,1,1,2,2, 3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
]. For those azeotrope mixtures and organic blends which contain both
VOC exempt and non-exempt compounds, the amount of credit that can be
apportioned as VOC exempt credit is limited to the total molar fraction
of all the VOC exempt constituents contained in the mixture or blend.
    EPA is responding to the petition by proposing in this action to
add 1,1, 1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(also known as HFE-7300) to the list of compounds appearing in 40 CFR
51.100(s).

III. Proposed Action

    Today's proposed action is based on EPA's review of the material in
Docket No. OAR-2005-0124. EPA hereby proposes to amend its definition
of VOC at 40 CFR 51.100(s) to exclude HFE-7300 as VOC for ozone SIP and
ozone control purposes. States are not obligated to exclude from
control as a VOC those compounds that EPA has found to be negligibly
reactive. However, if this action is made final, States may not take
credit for controlling this compound in their ozone control strategy.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of this Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not ``significant'' because none of the
listed criteria apply to this action. Consequently, this action is not
submitted to OMB for review under Executive Order 12866.

B. Paperwork Reduction Act

    This action does not contain any information collection
requirements

subject to OMB review under the Paperwork Reduction Act, 44 U.S.C. 3501
et seq. It does not contain any recordkeeping or reporting requirement.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply, with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An Agency does not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The control numbers for EPA(s
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
proposed rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    Today's proposed rule proposes to revise EPA's definition of
volatile organic compounds (VOC) for purposes of preparing State
implementation plans (SIPs) to attain the national ambient air quality
standards (NAAQS) for ozone under title I of the Clean Air Act (CAA).
This proposed revision would add 1,1,1,2,2,3,4,5,5,5-decafluoro-3-
methoxy-4-trifluoromethyl-pentane [also known as HFE-7300 or L-14787 or
[C2F5CF(OCH3)CF(CF3)2
] to the list of compounds excluded from the definition of VOC on the
basis that this compound makes a negligible contribution to
tropospheric ozone formation. We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any 1 year. Since this proposed rule is deregulatory in
nature and does not impose a mandate upon any source, this rule is not
estimated to result in the expenditure by State, local and Tribal
governments or the private sector of $100 million in any 1 year.
Therefore, the Agency has not prepared a budgetary impact statement or
specifically addressed the selection of the least costly, most cost-
effective, or least burdensome alternative. Because small governments
will not be significantly or uniquely affected by this rule, the Agency
is not required to develop a plan with regard to small governments.
Thus, today's rule is not subject to the requirements of sections 202
and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed action addressing the exemption of a chemical
compound from the VOC definition does not have federalism implications.
It will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in

Executive Order 13132. This action does not impose any new mandates on
State or local governments. Thus, Executive Order 13132 does not apply
to this rule. In the spirit of Executive Order 13132, and consistent
with EPA policy to promote communications between EPA and State and
local governments, EPA specifically solicits comment on this proposed
rule from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
    This proposed rule does not have Tribal implications. It will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
Today's action does not have any direct effects on Indian Tribes. Thus,
Executive Order 13175 does not apply to this rule. In the spirit of
Executive Order 13175, and consistent with EPA policy to promote
communications between EPA and Tribal governments, EPA specifically
solicits additional comment on this proposed rule from Tribal
officials.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    While this proposed rule is not subject to the Executive Order
because it is not economically significant as defined in Executive
Order 12866, EPA has reason to believe that ozone has a
disproportionate effect on active children who play outdoors (62 FR
38856; 38859, July 18, 1997). EPA has not identified any specific
studies on whether or to what extent the chemical compound may affect
children's health. EPA has placed the available data regarding the
health effects of this chemical compound in Docket No. OAR-2005-0124.
EPA invites the public to submit or identify peer-reviewed studies and
data, of which EPA may not be aware, that assess results of early life
exposure to the chemical compound HFE-7300.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (``NTTAA''), Public Law 104-113, section 12(d), (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, with explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure,
Air pollution control, Ozone, Reporting and recordkeeping requirements,
Volatile organic compounds.

    Dated: February 3, 2006.
Stephen L. Johnson,
Administrator.
    For reasons set forth in the preamble, part 51 of chapter I of
title 40 of the Code of Federal Regulations is proposed to be amended
as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS.

    1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7641q.

Sec.  51.100  [Amended]

    2. Section 51.100 is amended at the end of paragraph (s)(1)
introductory text by removing the words ``and methyl formate (HCOOCH3),
and perfluorocarbon compounds which fall into these classes:'' and
adding in their place the words; ``methyl formate (HCOOCH3),
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(HFE-7300) and perfluorocarbon compounds which fall into these
classes:''.

[FR Doc. E6-1800 Filed 2-8-06; 8:45 am]

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