[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Proposed Rules]
[Page 8557-8559]
[DOCID:fr25fe10-29]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0170; Directorate Identifier 2009-NM-127-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR Airplanes; and
EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Reassessment of the damage tolerance analysis resulted in
threshold reduction for some Structure Significant Items (SSI) of
the Maintenance Review Board Report (MRBR) Airworthiness Limitations
Items (ALI). Failure to inspect these structural components,
according to the new threshold, could prevent a timely detection of
fatigue cracking. These cracks, if not properly addressed, could
adversely affect the structural integrity of the airplane.
* * * * *

    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 12, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the

ADDRESSES section. Include ``Docket No. FAA-2010-0170; Directorate
Identifier 2009-NM-127-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Agencia Nacional De Aviacao Civil--Brazil (ANAC), which is the
airworthiness authority for Brazil, has issued Brazilian Airworthiness
Directive 2009-05-02, effective June 1, 2009 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Reassessment of the damage tolerance analysis resulted in
threshold reduction for some Structure Significant Items (SSI) of
the Maintenance Review Board Report (MRBR) Airworthiness Limitations
Items (ALI). Failure to inspect these structural components,
according to the new threshold, could prevent a timely detection of
fatigue cracking. These cracks, if not properly addressed, could
adversely affect the structural integrity of the airplane.
* * * * *

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Embraer has issued Temporary Revision 12-1, dated November 27,
2008, to the EMBRAER EMB135/EMB145 Maintenance Review Board Report MRB-
145/1150, Revision 12, dated September 19, 2008. The actions described
in this service information are intended to correct the unsafe
condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 711 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $60,435, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2010-0170; Directorate Identifier 2009-NM-127-AD.

Comments Due Date

    (a) We must receive comments by April 12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes; EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Reassessment of the damage tolerance analysis resulted in
threshold reduction for some Structure Significant Items (SSI) of
the Maintenance Review Board Report (MRBR) Airworthiness Limitations
Items (ALI). Failure to inspect these structural components,
according to the new threshold, could prevent a timely detection of
fatigue cracking. These cracks, if not properly addressed, could
adversely affect the structural integrity of the airplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 90 days after the effective date of this AD, do the
following actions, as applicable.
    (1) For EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes, and Model EMB-145, -145EP, -145ER, -145LR, -145MP, and -
145MR airplanes: Revise the Airworthiness Limitations (ALS) of the
Instructions for Continued Airworthiness (ICA) to incorporate Tasks
54-50-00-230-802-A00 and 54-50-00-220-808-A01 specified in Appendix
2, Airworthiness Limitation Requirements, of EMBRAER EMB135/EMB145
Maintenance Review Board Report MRB-145/1150, Revision 12, dated
September 19, 2008 (the ``MRBR''). The initial compliance times for
the tasks start from the applicable threshold specified in Appendix
2 of the MRBR, or within 500 flight cycles after the effective date
of this AD, whichever occurs later.
    (2) For EMBRAER Model EMB-145EP, -145ER, -145LR, -145MR, and -
145MP airplanes: Revise the ALS of the ICA to incorporate Tasks 57-
26-00-250-815-A00, 57-26-00-250-815-A01, 57-26-00-250-813-A00, and
57-26-00-250-813-A02, specified in Appendix 2, Airworthiness
Limitation Requirements, of EMBRAER EMB135/EMB145 Maintenance Review
Board Report MRB-145/1150, Revision 12, dated September 19, 2008
(``the MRBR''). The initial compliance times for the tasks start
from the later of the times specified in paragraph (g)(2)(i) or
(g)(2)(ii) of this AD.
    (i) At the later of the applicable thresholds specified in
Appendix 2 of the MRBR or within 500 flight cycles after the
effective date of this AD, whichever occurs later.
    (ii) At the applicable time specified in Section A<IP_ADDRESS>.1,
``Fatigue Threshold Reduced,'' of Appendix 2, Airworthiness
Limitation Requirements, of the MRBR.
    (3) For all airplanes: Revise the ALS of the ICA to incorporate
Tasks 57-10-00-250-801-A00 and 57-10-00-250-801-A01 specified in
EMBRAER Temporary Revision 12-1, dated November 27, 2008, to the
EMBRAER EMB135/EMB145 Maintenance Review Board Report MRB-145/1150,
Revision 12, dated September 19, 2008. The initial compliance times
for the tasks start at the times specified in paragraphs (g)(3)(i)
and (g)(3)(ii) of this AD, as applicable.
    (i) For Task 57-10-00-250-801-A00: Prior to the accumulation of
23,600 total flight cycles, or within 500 flight cycles after the
effective date of this AD, whichever occurs later.
    (ii) For Task 57-10-00-250-801-A01: Within 24,000 flight cycles
after accomplishing EMBRAER Service Bulletin 145-57-0047, dated
October 18, 2008, or within 500 flight cycles after the effective
date of this AD, whichever occurs later.
    (h) After accomplishing the actions specified in paragraph (g)
of this AD, no alternative inspections, inspection intervals, or
airworthiness limitations may be used unless the inspections,
inspection intervals, or airworthiness limitations are approved as
alternative method of compliance in accordance with the procedures
specified in paragraph (i) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (j) Refer to MCAI Brazilian Airworthiness Directive 2009-05-02,
effective June 1, 2009; EMBRAER Temporary Revision 12-1, dated
November 27, 2008, to the EMBRAER EMB135/EMB145 Maintenance Review
Board Report MRB-145/1150, Revision 12, dated September 19, 2008;
and Tasks 54-50-00-230-802-A00 and 54-50-00-220-808-A01 specified in
Appendix 2, Airworthiness Limitation Requirements, of EMBRAER
EMB135/EMB145 Maintenance Review Board Report MRB-145/1150, Revision
12, dated September 19, 2008; for related information.

    Issued in Renton, Washington, on February 17, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-3826 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Page 52429]
[FR Doc No: 2022-18374]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0019]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter dated July 8, 2022,
Old Augusta Railroad (OAR) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the hours of service laws contained at title 49
United States Code (U.S.C.) section 21103(a), in accordance with the
authority of section 21102(b). The relevant FRA Docket Number is FRA-
2013-0019.
    Specifically, OAR requested an extension of its existing waiver of
relief from the provisions of 49 U.S.C. 21103(a), which prohibits a
train employee from remaining or going on duty for a period in excess
of 12 consecutive hours. Section 21102(b) allows the Department to
exempt railroads with 15 or fewer employees from the restriction
outlined at Sec.  21103(a)(4)(B). The existing waiver allows OAR
employees to initiate an on-duty period each day for 7 consecutive days
followed by 72 hours off duty. In support of its petition, OAR states
that its operation ``has not had a single incident attributable to
fatigue during the effective period of the waiver.'' OAR also explains
that its employees have unanimously consented to the waiver, and it has
``full support from both management and the train service employees.''
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by October 11, 2022 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-18374 Filed 8-24-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Notices]
[Pages 32370-32371]
[FR Doc No: 2011-13914]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1974-DR Docket ID FEMA-2011-0001]

Tennessee; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-1974-DR), dated May 1, 2011, and
related determinations.

DATES: Effective Date: May 27, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Tennessee is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 1, 2011.

    Carroll, Crockett, Hardin, Henry, and Madison Counties for
Individual Assistance.
    Benton, Carroll, Chester, Crockett, Fayette, Gibson, Hardeman,
Hardin, Henderson, Henry, Lake, Madison, McNairy, Shelby, and
Weakley for Public Assistance.
    Bradley, Greene, Hamilton and Washington Counties for Public
Assistance [Categories C-G] (already designated for Individual
Assistance and for debris removal and emergency protective measures
[Category A and B], under the Public Assistance program).
    Bledsoe, Cocke, Johnson, McMinn, Monroe, and Rhea Counties for
Public Assistance, (already designated for Individual Assistance).

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-13914 Filed 6-3-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Notices]
[Page 76357]
[DOCID:fr16de08-55]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-0038]

Advisory Committees; Filing of Closed Meeting Reports

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that, as
required by the Federal Advisory Committee Act, the agency has filed
with the Library of Congress the annual reports of those FDA advisory
committees that held closed meetings during fiscal year 2008.

ADDRESSES: Copies are available from the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Theresa L. Green, Committee Management
Officer, Advisory Committee Oversight and Management Staff (HF-4), Food
and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-
827-1220.

SUPPLEMENTARY INFORMATION: Under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. app.1) and 21 CFR 14.60(d), FDA has filed with
the Library of Congress the annual reports for the following FDA
advisory committees that held closed meetings during the period October
1, 2007, through September 30, 2008:
Center for Biologics Evaluation and Research:
    Blood Products Advisory Committee,
    Cellular, Tissue and Gene Therapies Advisory Committee,
    Vaccines and Related Biological Products Advisory Committee,
Center for Drugs Evaluation and Research:
    Anesthetic and Life Support Drugs Advisory Committee,
    Oncologic Drugs Advisory Committee,
Center for Devices and Radiological Health:
    Medical Devices Advisory Committee (consisting of reports for
Circulatory Drugs Devices Panel, Obstetrics and Gynecology Devices
Panel and the Radiological Devices Panel),
National Center for Toxicological Research:
    Science Board to the National Center for Toxicological Research.
    Annual Reports are available for public inspections between 9 a.m.
and 4 p.m., Monday through Friday at the following locations:
    1. The Library of Congress, Madison Bldg., Newspaper and Current
Periodical Reading Room, 101 Independence Ave. SE., rm. 133,
Washington, DC; and
    2. The Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

    Dated: December 9, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-29679 Filed 12-15-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Rules and Regulations]
[Pages 6976-6980]
[FR Doc No: 2012-3171]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet      Communities  affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                              Humphreys County, Mississippi, and Incorporated Areas
                                             Docket No.: FEMA-B-1159
----------------------------------------------------------------------------------------------------------------
Shallow Flooding.......................  An area bounded by the                  +100  Unincorporated Areas of
                                          county boundary to the                        Humphreys County
                                          west and south, the
                                          William M. Whittington
                                          Channel Levee to the
                                          east, and the confluence
                                          with Silver Creek and
                                          Straight Bayou to the
                                          north.
Yazoo River............................  Approximately 10 miles                  +117  Unincorporated Areas of
                                          upstream of State                             Humphreys County.
                                          Highway 12.

                                         Approximately 19.5 miles                +120
                                          upstream of State
                                          Highway 12.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                    Unincorporated Areas of Humphreys County
Maps are available for inspection at 102 Castleman Street, Belzoni, MS 39038.
----------------------------------------------------------------------------------------------------------------
                                 Taney County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1175
----------------------------------------------------------------------------------------------------------------
Beaver Creek (backwater effects from     From the White River                    +698  Unincorporated Areas of
 White River).                            confluence to                                 Taney County.
                                          approximately 685 feet
                                          upstream of the White
                                          River confluence.
Bee Creek (backwater effects from White  From the White River                    +698  Unincorporated Areas of
 River).                                  confluence to                                 Taney County.
                                          approximately 1,700 feet
                                          upstream of the White
                                          River confluence.
Bull Creek (backwater effects from       From the White River                    +716  City of Rockaway Beach,
 White River).                            confluence to                                 Unincorporated Areas of
                                          approximately 0.5 mile                        Taney County.
                                          upstream of the White
                                          River confluence.
Big Shoals Lake........................  Entire shoreline.........               +724  Unincorporated Areas of
                                                                                Taney County.
Cooper Creek (backwater effects from     From the White River                    +724  City of Branson,
 White River).                            confluence to                                 Unincorporated Areas of
                                          approximately 685 feet                        Taney County.
                                          upstream of the White
                                          River confluence.
Silver Creek (backwater effects from     From the White River                    +698  Unincorporated Areas of
 White River).                            confluence to                                 Taney County.
                                          approximately 0.8 mile
                                          upstream of the White
                                          River confluence.
Swan Creek (backwater effects from       From the White River                    +698  City of Forsyth,
 White River).                            confluence to                                 Unincorporated Areas of
                                          approximately 1,290 feet                      Taney County.
                                          upstream of Strawberry
                                          Road.
White River............................  At the downstream side of               +698  City of Forsyth,
                                          Powersite Dam.                                Unincorporated Areas of
                                                                                Taney County.
                                         At the White County,                    +698
                                          Arkansas boundary.
White River Tributary 16 (backwater      From the White River                    +698  Unincorporated Areas of
 effects from White River).               confluence to                                 Taney County.
                                          approximately 1.5 miles
                                          upstream of the White
                                          River confluence.
White River Tributary 24 (backwater      From the White River                    +698  Unincorporated Areas of
 effects from White River).               confluence to                                 Taney County.
                                          approximately 430 feet
                                          downstream of Frisco
                                          Hills Road.
White River Tributary 30 (backwater      From the White River                    +698  City of Forsyth,
 effects from White River).               confluence to                                 Unincorporated Areas of
                                          approximately 0.5 mile                        Taney County.
                                          upstream of the White
                                          River confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Branson
Maps are available for inspection at City Hall, 110 West Maddux Street, Suite 210, Branson, MO 65616.

City of Forsyth
Maps are available for inspection at City Hall, 15405 U.S. Route 160, Forsyth, MO 65653.

City of Rockaway Beach..........................................................................................
Maps are available for inspection at City Hall, 2764 State Route 176, Rockaway Beach, MO 65740.

                                      Unincorporated Areas of Taney County
Maps are available for inspection at the Taney County Courthouse, 132 David Street, Forsyth, MO 65653.
----------------------------------------------------------------------------------------------------------------
                              Rio Arriba County, New Mexico, and Incorporated Areas
                                             Docket No.: FEMA-B-1112
----------------------------------------------------------------------------------------------------------------
Llano Ditch Tributary..................  Just downstream of                     +5655  Pueblo of Ohkay Owingeh,
                                          McCurdy Road Northwest.                       Unincorporated Areas of
                                                                                Rio Arriba County.

                                         Just upstream of Simmons               +5705
                                          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.

                                                    ADDRESSES

Pueblo of Ohkay Owingeh
Maps are available for inspection at the Pueblo of Okhay Owingeh Governor's Office, 1 Kee Road, Espanola, NM
 87532.

                                    Unincorporated Areas of Rio Arriba County
Maps are available for inspection at the Rio Arriba County Clerk's Office, 1122 Industrial Park Road, Espanola,
 NM 87532.
----------------------------------------------------------------------------------------------------------------
                               Jefferson County, Pennsylvania (All Jurisdictions)
                                             Docket No.: FEMA-B-1128
----------------------------------------------------------------------------------------------------------------
Big Run................................  Approximately 1,500 feet               +1281  Township of Henderson.
                                          downstream of the
                                          confluence with Trout
                                          Run.
                                         Approximately 250 feet                 +1284
                                          downstream of the
                                          confluence with Trout
                                          Run.
Falls Creek............................  Approximately 1,740 feet               +1399  Township of Washington.
                                          downstream of the
                                          confluence with Wolf Run.
                                         Approximately 1,450 feet               +1415
                                          upstream of the
                                          confluence with Wolf Run.
Fivemile Run...........................  Approximately 260 feet                 +1220  Township of Rose.
                                          upstream of the
                                          confluence with Sandy
                                          Lick Creek.
                                         Approximately 240 feet                 +1231
                                          upstream of the
                                          confluence with Swamp
                                          Run.
Mahoning Creek.........................  Approximately 0.66 mile                +1227  Township of Young.
                                          downstream of Lincoln
                                          Avenue.
                                         Approximately 0.64 mile                +1227
                                          downstream of Lincoln
                                          Avenue.
Mahoning Creek.........................  At the confluence with                 +1234  Borough of Punxsutawney.
                                          Elk Run.
                                         Approximately 450 feet                 +1234
                                          upstream of Graffius
                                          Avenue, on Elk Run.
Mahoning Creek.........................  Approximately 0.44 mile                +1237  Township of Bell.
                                          upstream of the
                                          confluence with Elk Run.
                                         Approximately 0.46 mile                +1237
                                          upstream of the
                                          confluence with Elk Run.
Rattlesnake Creek......................  Approximately 200 feet                 +1468  Township of Washington.
                                          upstream of the
                                          confluence with
                                          Rattlesnake Run.
                                         Approximately 250 feet                 +1468
                                          upstream of the
                                          confluence with
                                          Rattlesnake Run.
Redbank Creek..........................  Approximately 1 mile                   +1210  Township of Rose.
                                          upstream of the
                                          confluence with Coder
                                          Run.
                                         Approximately 0.70 mile                +1212
                                          downstream of White
                                          Street.
Sandy Lick Creek.......................  Approximately 0.28 mile                +1216  Township of Rose.
                                          downstream of 2nd Street.
                                         Approximately 1,050 feet               +1217
                                          downstream of 2nd Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
Borough of Punxsutawney
Maps are available for inspection at the Mahoning East Civic Center, 301 East Mahoning Street, Punxsutawney, PA
 15767.
Township of Bell
Maps are available for inspection at the Bell Township Building, 103 Runway Drive, Punxsutawney, PA 15767.

Township of Henderson
Maps are available for inspection at the Henderson Township Hall, 2801 Pine Run Road, Sigel, PA 15767.

Township of Rose
Maps are available for inspection at the Rose Township Hall, 17042 State Route 36, Brookville, PA 15825.

Township of Washington
Maps are available for inspection at the Washington Township Office, 2933 Airport Road, Falls Creek, PA 15840.

Township of Young
Maps are available for inspection at the Young Township Office, 1517 Walston Road, Walston, PA 15781.
----------------------------------------------------------------------------------------------------------------

                                  Burnet County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1061
----------------------------------------------------------------------------------------------------------------
Colorado River.........................  Approximately 0.88 mile                 +163  Unincorporated Areas of
                                          upstream of the                               Burnet County.
                                          confluence with Wolf
                                          Hollow Creek.
                                         At the confluence of                    +768
                                          Varnhagan Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES
                                      Unincorporated Areas of Burnet County
Maps are available for inspection at 220 South Pierce Street, Burnet, TX 78611.
----------------------------------------------------------------------------------------------------------------
                                   Ector County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1047
----------------------------------------------------------------------------------------------------------------
Flooding Effects of Eastside Channel     Just downstream of                     +2887  City of Odessa,
 and its Split Flow.                      Pacific Union Railroad.                       Unincorporated Areas of
                                                                                Ector County.
                                         Just downstream of Pueblo              +2906
                                          Avenue.
                                         Approximately 200 feet                 +2912
                                          upstream of the
                                          intersection of Custer
                                          Avenue and Eastside
                                          Channel.
Flooding Effects of Monahans Draw......  Just upstream of                       +2842  Unincorporated Areas of
                                          Grandview Road.                               Ector County.
                                         Just upstream of South                 +2878
                                          Crane Avenue.
                                         Just upstream of West                  +2884
                                          County Road.
                                         Just upstream of                       +3009
                                          Westcliff Drive.
                                         Just upstream of State                 +3043
                                          Highway 866.
Flooding effects of Far East Channel     At the confluence of East              +2857  City of Odessa,
 and its subsidiary channels.             Side Channel.                                 Unincorporated Areas of
                                                                                Ector County.
                                         Approximately 450 feet                 +2899
                                          upstream of the
                                          intersection of Caliche
                                          Road.
                                         Just upstream of Maple                 +2907
                                          Avenue.
Flooding effects of West Side Drainage   At the confluence of                   +2896  City of Odessa.
 Channel.                                 Monahans Draw.
                                         Just upstream of West                  +2909
                                          16th Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Odessa
Maps are available for inspection at 411 West 8th Street, Odessa, TX 79761.

                                      Unincorporated Areas of Ector County
Maps are available for inspection at 521 North Texas Street, Odessa, TX 79761.
----------------------------------------------------------------------------------------------------------------
                                  Wasatch County, Utah, and Incorporated Areas
                                             Docket No.: FEMA-B-1083
----------------------------------------------------------------------------------------------------------------
Center Creek...........................  At the confluence with                 +5628  City of Heber City, Town
                                          Surplus Canal.                                of Independence,
                                                                                Unincorporated Areas of
                                                                                Wasatch County.
                                         Approximately 2,914 feet               +6573
                                          upstream of the upper
                                          Center Creek Road
                                          crossing.
Humbug Canal...........................  At the confluence with                 +5685  City of Heber City,
                                          Center Creek.                                 Unincorporated Areas of
                                                                                Wasatch County.
                                         Approximately 566 feet                 +5692
                                          upstream of 600 South
                                          Street.
Lake Creek.............................  At the diversion to South              +5860  Unincorporated Areas of
                                          Lake Creek and North                          Wasatch County.
                                          Lake Creek.
                                         Approximately 0.73 mile                +6738
                                          upstream of Lake Pines
                                          Drive.

Lower Wasatch Canal....................  At U.S. Route 189........              +5634  City of Heber City,
                                                                                Unincorporated Areas of
                                                                                Wasatch County.
                                         Approximately 800 feet                 +5694
                                          upstream of Mill Road.
North Lake Creek.......................  Approximately 800 feet                 +5694  City of Heber City,
                                          upstream of Mill Road.                        Unincorporated Areas of
                                                                                Wasatch County.
                                         At the diversion from                  +5860
                                          Lake Creek.
Snake Creek............................  At the confluence with                 +5422  City of Midway,
                                          the Middle Provo River.                       Unincorporated Areas of
                                                                                Wasatch County.
                                         Approximately 210 feet                 +5760
                                          upstream of Warm Springs
                                          Road.
South Lake Creek.......................  Approximately 566 feet                 +5692  City of Heber City,
                                          upstream of 600 South                         Unincorporated Areas of
                                          Street.                                       Wasatch County.
                                         At the diversion from                  +5860
                                          Lake Creek.
Surplus Canal..........................  At the confluence with                 +5433  City of Heber City,
                                          the Middle Provo River.                       Unincorporated Areas of
                                                                                Wasatch County.
                                         At U.S. Route 189........              +5634
Upper Provo River......................  Approximately 0.52 mile                +6186  Unincorporated Areas of
                                          downstream of State                           Wasatch County.
                                          Route 32.
                                         Approximately 0.28 mile                +6426
                                          upstream of Moonlight
                                          Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Heber City
Maps are available for inspection at 75 North Main Street, Heber City, UT 84032.

City of Midway
Maps are available for inspection at 75 North 100 West, Midway, UT 84032.

Town of Independence
Maps are available for inspection at 4530 East Center Creek Road, Heber City, UT 84032.

                                     Unincorporated Areas of Wasatch County
Maps are available for inspection at 25 North Main Street, Heber City, UT 84032.
----------------------------------------------------------------------------------------------------------------

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

    Dated: January 30, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-3171 Filed 2-9-12; 8:45 am]
BILLING CODE 9110-12-P


USA, Post Harvest Use ( NPMA), Response to June 2004 Questions Page 1 NOMINATING PARTY: The United States of America BRIEF DESCRIPTIVE TITLE OF NOMINATION: Methyl Bromide Critical Use Nomination for Post Harvest Use by NPMA for Facilities and Commodities.

DOCUMENT NUMBER CUN 2003/, US56N10 DATE August 12, 2004 CRITICAL NEED FOR METHYL BROMIDE TABLE 1: KEY PESTS FOR METHYL BROMIDE REQUEST: FACILITIES GENUS AND SPECIES OF MAJOR PESTS FOR WHICH THE USE OF METHYL BROMIDE IS CRITICAL COMMON NAME SPECIFIC REASON WHY METHYL BROMIDE IS NEEDED Tribolium confusum Confused flour beetle Tribolium castaneum Red flour beetle Pest status is due to health hazard: allergens; plus body parts, exuviae, and excretia violate FDA regulations1. Methyl bromide is needed because these insects can occur in areas with electronic equipment and materials that cannot tolerate high temperatures ( i. e. cooking) so phosphine and heat are not adequate.

Trogoderma variable Warehouse beetle Health hazard: choking and allergens; plus body parts, exuviae, and excretia violate FDA regulations. Methyl bromide is needed because these insects can occur in areas with electronic equipment and materials that cannot tolerate high temperatures ( i. e. cooking) so phosphine and heat are not adequate.

Lasioderma serricorne Cigarette beetle Sitophilus oryzae Rice weevil Plodia interpunctella Indianmeal moth Oryzaephilus mercator Merchant grain beetle Cryptolestes pusillus Flat grain beetle Food contamination violates FDA regulations. Methyl bromide is needed because these insects can occur in areas with electronic equipment and materials that cannot tolerate high temperatures ( i. e. cooking of some products; oils and butter go rancid with heat) so phosphine and heat are not adequate.

1 FDA regulations can be found at: http:// www. fda. gov/ opacom/ laws/ fdcact/ fdcact4. htm and http:// www. cfsan. fda. gov/~ dms/ dalbook. html.

TABLE 2: KEY PESTS FOR METHYL BROMIDE REQUEST: COMMODITIES GENUS AND SPECIES FOR WHICH THE USE OF METHYL BROMIDE IS CRITICAL COMMON NAME SPECIFIC REASON WHY METHYL BROMIDE IS NEEDED Cydia pomonella Codling moth Amyelois transitella Navel orangeworm Plodia interpunctella Indianmeal moth Tribolium castaneum Red Flour Beetle MB is used mainly where rapid fumigations are needed to meet customer timelines during critical market windows and peak production periods. During peak production months, phosphine fumigation takes three times longer than conventional MB fumigation and 17 times longer USA, Post Harvest Use ( NPMA), Response to June 2004 Questions Page 2 Cadra figulilella Raisin Moth Carpophilus sp. Dried Fruit Beetle Ectomyelois ceratoniae Carob pod moth Carpophilus spp., Haptoncus spp. Nitidulid beetles than vacuum MB fumigation. The required duration of phosphine fumigation increases as commodity temperature decreases, making its use impractical during the cold winter months. No technically or economically feasible alternatives exist at present during these critical periods.

AMOUNT OF METHYL BROMIDE NOMINATED TABLE 3. AMOUNT OF METHYL BROMIDE NOMINATED BY THE U. S. IN 2005 AND 2006. 2005 ( KG) 2006 ( KG) DESCRIPTION 144,863 144,863 No difference between the years because this is a new CUE. This was added as a supplemental request for 2005.

ECONOMIC IMPACTS There was no economic assessment conducted for this sector because the background economic information was not available from the applicant.

RESPONSE TO QUESTIONS MBTOC Question 1  MBTOC is unable to assess this CUN. The Party has requested amounts for treatment of cheese plants, and in addition for a range of commodities listed as spices and herbs, cocoa, dried milk, other commodities and processed foods. MBTOC recognizes the need for MB for cheese stores and for the dried milk. MBTOC can determine no reason why alternatives cannot be used for all or most of the spices and herbs, cocoa, and processed foods. Alternatives registered for some of all these commodities in the U. S. include irradiation, ethylene oxide, phosphine, steam, and propylene oxide. In addition most of the use designated as for other commodities may qualify as QPS treatments. The Party is requested to disaggregate the commodity groups, specifying the target organism and state any regulatory or technical reasons why each of the possible alternatives cannot be used for each separate commodity group and target.

U. S. Response  The commodity and structures groups and amount of methyl bromide nominated are listed by specific type of use in Table 4. In this sector, many of the requesting facilities use methyl bromide for fumigation of both the structure and the commodity being processed in that structure. A discussion of the target pests and the regulatory, technical and economic feasibility of control using alternatives are provided below for each type of use. USA, Post Harvest Use ( NPMA), Response to June 2004 Questions Page 3 TABLE 4. TYPE OF USE AND AMOUNT OF METHYL BROMIDE NOMINATED FOR 2006 ( KG) AND LOCATION OF PEST LIST Processed Foods ( chips, cookies, crackers, Pasta, etc) Cheese processing Plants Spices and Herbs Cocoa Dried Milk Other Commodity1 Kg Nominated 89,861 3,596 5,869 76,899 503 4,352 Key Pests Table 1 and listed below Table 2 and listed below Commodity: Processed Foods ( chips, crackers, cookies, pasta), Cheese Processing Plants Key Pests: Flour beetles   Tribolium spp. Indian meal moths   Plodia interpunctella Cigarette beetles   Lasioderma serricorne Dermestid beetles   Trogoderma spp. Drug store beetles   Stegobium paniceum Saw toothed grain beetles   Oryzerphilus surinamenis Warehouse beetles   Trogoderma variabile Shortcomings of alternatives: 1. Irradiation   Space treatments with fumigants are utilized to target pest infestations in harborage areas such as equipment, and overhead spaces where airborne food particles may accumulate. Irradiation could not be utilized in the same manner as conventional fumigants that are used to treat an entire processing or storage facility. In addition, this technology is not considered a feasible alternative due to cost of purchasing and operating equipment, logistics for treatment, and concerns of consumer acceptance of irradiated foods.

2. Ethylene oxide   This alternative is not available for this use because it is not labeled for this commodity and no food additive tolerances are in place.

3. Propylene oxide   This alternative is not available for this use because it is not labeled for this commodity and no food additive tolerances are in place.

4. Heat and Phosphine   Heat treatments or phosphine fumigations require longer treatment durations than that for methyl bromide. In the food industry, increased downtime equals lost productivity. As an example, estimated cost/ day for downtime in an average pasta facility was $ 125,000. In addition, heat treatments are typically utilized several times per year, which in turn significantly increases downtime ( usually 2 to 4 times/ year and at some facilities, heat treatments are performed monthly). This simple cost value, however, does not represent all costs associated with heat or phosphine alternatives. Significant capital outlay would be necessary to upgrade equipment or systems ( electrical, plumbing,

1 Includes tea on pallets, coffee beans, tomatoes, bell peppers, citrus and cassava. USA, Post Harvest Use ( NPMA), Response to June 2004 Questions Page 4 etc.) so that they are compatible with heat or phosphine. Costs would need to be budgeted for repairs incurred from either type of treatment. In addition, if in place heat sources were inadequate, supplemental heat costs would be significant.

5. Steam   Not a practical treatment option for dry finished food products as this technique affects the quality of the finished product and can leave a residual moisture in the processing equipment.

Commodity: Spices and Herbs, and Other Commodity 2 Key Pests: Cigarette beetles   Lasioderma serricorne Confused flour beetles   Tribolium confusum Drug store beetles   Stegobium paniceum Indian meal moths   Plodia interpunctella Shortcomings of alternatives: 1. Irradiation   A large portion of spices and herbs and other commodities are currently treated with irradiation in the U. S. Due to logistics and cost issues, this treatment method is not always an available method. See comments above under processed foods.

2. Ethylene oxide   Many countries ( Japan, some EEC, the United Kingdom) have banned the use of ethylene oxide ( ETO) because it reacts with organic spice components to leave the harmful residues ethylene chlorohydrin and ethylene bromohydrin on spices. In Canada, ETO can not be used on vegetable seasonings or spice mixtures containing salts. ETO can result in unacceptable color changes ( darkening) in some vegetable seasonings such as onion and garlic powder and off flavor in mustard and mustard flour.

ETO is a suspected carcinogen currently under review by the U. S. EPA and is scheduled to be completed in 2006. The World Health Organization has recently upgraded ETO to a known carcinogen. Due to the instability and flammability of ETO, it must be mixed with carbon dioxide or nitrogen ( formerly was mixed with CFCs).

Source: M. Marcotte, " Effect of Irradiation on Spices, Herbs and Seasonings   Comparison with Ethylene Oxide Fumigation."

3. Propylene oxide   Banned in some countries for the residues it leaves in spices. There is one currently registered product in the U. S. and application methods are limited to fumigation chambers. Lack of facilities in the U. S. to perform vacuum fumigations 2 Includes tea on pallets, coffee beans, tomatoes, bell peppers, citrus and cassava. USA, Post Harvest Use ( NPMA), Response to June 2004 Questions Page 5 creates logistical problems. In addition, this technology is not considered a feasible alternative due to cost of purchasing and operating fumigation chambers.

4. Phosphine   See comments under processed foods and cocoa.

5. Steam   Results in the loss of volatile flavor and aroma components and color change. Steam can also increase moisture level of the commodity being treated, possibly resulting in the high level of mold contamination seen in spices and herbs and other commodities previously treated with ETO and steam.

Commodity: Cocoa Key Pests: Indian meal moth   Plodia interpunctella Cigarette beetle   Lasioderma serricome Foreign grain beetle   Ahasuerus advena Cocoa moth species Warehouse moths   Plodia spp. and Ephestia spp. Coffee bean weevils   Araecerus fasciculatus Shortcomings of alternatives: 1. Irradiation   See comments under processed foods. There is currently no equipment present at facilities receiving cocoa beans at U. S. ports, and any such equipment would need to be capable of processing large volumes of product during the seasonal delivery period in order to be considered commercially feasible in today's market. Equipment would also have to be capable of penetrating bulk packaged cocoa. Due to logistics and cost issues, this treatment method is not economically viable.

2. Ethylene oxide   This product is not available for cocoa because it is not labeled for this commodity and no food additive tolerances in place.

3. Propylene oxide   This product is not available for cocoa because it is not labeled for use on cocoa in California. See above comments under spices and herbs.

4. Phosphine   The major reason phosphine is not considered a viable alternative for treating cocoa beans is related to the increased time that it takes to treat cocoa, and the large influx of shipments during peak periods of the year. Most fumigation work is completed in large cocoa storage facilities close to waterfronts. Large bulk ships with up to 200,000 burlap bags of cocoa arrive at different times of the year. September through April is the peak delivery months of cocoa into the U. S., depending on harvest time. Ships are typically heavily infested with insects; sometimes infestations are so heavy that workers must wear full face protection to protect against insects interfering with their normal work operations ( 30 plus insects per thousand cubic feet counts are normal). USA, Post Harvest Use ( NPMA), Response to June 2004 Questions Page 6 During discharge, cocoa beans are covered with large tarps to prevent cross infestation with other cocoa stored at a warehouse site. Cocoa at these warehouses is owned by numerous brokers and processors who use these large warehouses as storage and to complete on time delivery of product to processing plants. Most of these warehouses are not heated and range in temperature from 40 55 ° F during the busy delivery months. The recommended exposure time for phosphine at temperatures of 40 55 ° F is 5 to 10 days, while methyl bromide is 16 to 24 hours according to the label.

Most warehouse employees ( both skilled and unskilled laborers) would have to be laid off whenever a shipment arrives at their location due to the length of fumigation exposure time. Fumigation costs would almost double due to the longer reentry times and much longer security and monitoring needs. For example, a fumigation with a 24 hour exposure period can be completed ( i. e., preparation, fumigation, ventilation and cleanup) in 30 to 35 hours, whereas a fumigation with a 96 hour exposure period requires approximately five days to complete. Most of the cocoa is shipped to processors on an on time delivery system. If left infested, the product's quality and quantity would be further reduced and could cause cross infestation of other product already treated. The cocoa would eventually become unusable according to FDA standards, if not treated.

5. Steam   See comments under spices and herbs. Steam is used to sterilize cocoa beans during processing, but only when the beans immediately go into the next phrase of processing. Beans that are steamed will develop mold within 24 hours, thus ruining them. For cocoa beans to be steamed in lieu of fumigation, they would have to be removed from the bags in which they are packed, steamed, dried and then re packaged. Cocoa beans typically undergo extensive processing, and the additional cost of steam treatment in lieu of fumigation would increase processing costs beyond typical profit margins in the industry.

REFERENCES 2006 Bromide Usage Numerical Index ( BUNI)   Refined Nomination Package. Attached to U. S. Response to Questions as an Excel Spreadsheet.

Marcotte, M. 2000. Effect of Irradiation on Spices, Herbs and Seasonings   Comparison with Ethylene Oxide Fumigation. http:// www. food irradiation. com/ Spices. htm.

Zammer, C. 2004. Food Irradiation: Is it a matter of Good Taste? Food Quality June/ July 2004.