E. Executive Order 13132: Federalism Executive Order 13132 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" are 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, 190 or on the distribution of power and responsibilities among the various levels of government.

The final rule 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.

The agency is required by section 112 of the CAA, to establish the standards in the final rule. The final rule primarily affects private industry, and does not impose significant economic costs on State or local governments.

The final rule does not include an express provision preempting State or local regulations. Thus, the requirements of section 6 of the Executive Order do not apply to the final rule.

Although section 6 of Executive Order 13132 does not apply to the final rule, we consulted with representatives of State and local governments to enable them to provide meaningful and timely input into the development of the final rule. This consultation took place during the ICCR Federal Advisory Committee Act ( FACA) committee meetings where members representing State and local governments participated in developing recommendations for EPA's combustion related rulemakings, including the final rule. 191 The concerns raised by representatives of State and local governments were considered during the development of the final 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 solicited comment on the final rule from State and local officials.

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments Executive Order 13175 ( 65 FR 67249, November 9, 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." The final rule does not have tribal implications, as specified in Executive Order 13175.

The final rule does not significantly or uniquely affect the communities of Indian tribal governments. We do not know of any industrial commercial institutional boilers or process heaters owned or operated by Indian tribal governments. However, if there are any, the effect of these rules on communities of tribal governments would not be unique or disproportionate to the effect on other communities. Thus, Executive Order 13175 does not apply to the final rule. The EPA specifically solicited additional comment on the final rule from tribal officials, but 192 received none.

G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks Executive Order 13045 ( 62 FR 19885, April 23, 1997)

applies to any regulation that: ( 1) Is determined to be " economically significant" as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that we have reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the EPA must evaluate the environmental health or safety effects of the planned regulation on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the EPA.

The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5 501 of the Executive Order has the potential to influence the regulation. The final rule is not subject to Executive Order 13045 because it is based on technology performance and not on health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use 193 Executive Order 13211 ( 66 FR 28355, May 22, 2001)

provides that agencies shall prepare and submit to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, a Statement of Energy Effects for certain actions identified as " significant energy actions." Section 4( b) of Executive Order 13211 defines " significant energy actions" as " any action by an agency ( normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of final rulemaking, and notices of final rulemaking: ( 1) ( i) That is a significant regulatory action under Executive Order 12866 or any successor order, and ( ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or ( 2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a " significant energy action." The final rule is not a " significant energy action" because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The basis for the determination is as follows.

The reduction in petroleum product output, which includes reductions in fuel production, is estimated at only 0.001 percent, or about 68 barrels per day based on 2000 194 U. S. fuel production nationwide. That is a minimal reduction in nationwide petroleum product output. The reduction in coal production is estimated at only 0.014 percent, or about 3.5 million tons per year ( or less than 1,000 tons per day) based on 2000 U. S. coal production nationwide. The combination of the increase in electricity usage estimated with the effect of the increased price of affected output yields an increase in electricity output estimated at only 0.012 percent, or about 0.72 billion kilowatt hours per year based on 2000 U. S. electricity production nationwide. All energy price changes estimated show no increase in price more than 0.05 percent nationwide,

and a similar result occurs for energy distribution costs.

We also expect that there will be no discernable impact on the import of foreign energy supplies, and no other adverse outcomes are expected to occur with regards to energy supplies. All of the results presented above account for the pass through of costs to consumers, as well as the cost impact to producers. For more information on the estimated energy effects, please refer to the economic impact analysis for the final rule. The analysis is available in the public docket.

Therefore, we conclude that the final rule when implemented is not likely to have a significant adverse effect on the supply, distribution, or use of energy. 195 I. National Technology Transfer and Advancement Act Section 12( d) of the National Technology Transfer and Advancement Act ( NTTAA) of 1995 ( Public Law No. 104 113;

15 U. S. C. 272 note) directs the EPA to use voluntary consensus standards in their regulatory and procurement 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, business practices) developed or adopted by one or more voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through annual reports to the OMB, with explanations when an agency does not use available and applicable voluntary consensus standards.

The final rule involves technical standards. The EPA cites the following standards in the final rule: EPA Methods 1, 2, 2F, 2G, 3A, 3B, 4, 5, 5D, 17, 19, 26, 26A, 29 of 40 CFR part 60. Consistent with the NTTAA, EPA conducted searches to identify voluntary consensus standards in addition to these EPA methods. No applicable voluntary consensus standards were identified for EPA Methods 2F, 2G,

5D, and 19. The search and review results have been documented and are placed in the docket for the final rule.

The three voluntary consensus standards described below were identified as acceptable alternatives to EPA test 196 methods for the purposes of the final rule.

The voluntary consensus standard ASME PTC 19 10 1981

Part 10, " Flue and Exhaust Gas Analyses," is cited in the final rule for its manual method for measuring the oxygen,

carbon dioxide, and carbon monoxide content of exhaust gas.

This part of ASME PTC 19 10 1981 Part 10 is an acceptable alternative to Method 3B.

The voluntary consensus standard ASTM D6522 00,

" Standard Test Method for the Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas Fired Reciprocating Engines,

Combustion Turbines, Boilers and Process Heaters Using Portable Analyzers" is an acceptable alternative to EPA Method 3A for identifying carbon monoxide and oxygen concentrations for the final rule when the fuel is natural gas.

The voluntary consensus standard ASTM Z65907, " Standard Method for Both Speciated and Elemental Mercury Determination," is an acceptable alternative to EPA Method 29 ( portion for mercury only) for the purpose of the final rule. This standard can be used in the final rule to determine the mercury concentration in stack gases for boilers with rated heat input capacities of greater than 250 MMBtu per hour.

In addition to the voluntary consensus standards EPA 197 uses in the final rule, the search for emissions measurement procedures identified 15 other voluntary consensus standards. The EPA determined that 13 of these 15 standards identified for measuring emissions of the HAP or surrogates subject to the emission standards were impractical alternatives to EPA test methods for the purposes of the final rule. Therefore, EPA does not intend to adopt these standards for this purpose. ( See Docket ID No. OAR 2002

0058 for further information on the methods.)

Two of the 15 voluntary consensus standards identified in this search were not available at the time the review was conducted for the purposes of the final rule because they are under development by a voluntary consensus body:

ASME/ BSR MFC 13M, " Flow Measurement by Velocity Traverse,"

for EPA Method 2 ( and possibly 1); and ASME/ BSR MFC 12M,

" Flow in Closed Conduits Using Multiport Averaging Pitot Primary Flowmeters," for EPA Method 2.

Section 63.7520 and Tables 4A through 4D to subpart DDDDD of this standard list the EPA testing methods included in the final rule. Under § 63.7( f) and § 63.8( f) of subpart A, 40 CFR part 63, of the General Provisions, a source may apply to EPA for permission to use alternative test methods or alternative monitoring requirements in place of any of the EPA testing methods, performance specifications, or procedures. 198 J. Congressional Review Act The Congressional Review Act, § 5 U. S. C. 801, et seq.,

as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing the final rule and other required information to the United States Senate, the United States House of Representatives,

and the Comptroller General of the United States prior to publication of the final rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is a " major rule" as defined by 5 U. S. C. § 804( 2). The rule will be effective on [ INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].

List of Subjects in 40 CFR part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances,

Intergovernmental relations, Reporting and recordkeeping requirements.

______________________ Dated: NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters   FINAL RULE  Page 199 of 147 199 _______________________ Michael O. Leavitt, Administrator. 125 place rule here............ km


[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31595-31596]
[FR Doc No: 2015-13423]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0022 FRL-9928-24]

Pesticide Product Registration; Receipt of Applications for New
Uses; Correction and Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction and reopening of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register of April 15, 2015,
concerning Pesticide Product Registration; Receipt of Applications for
New Uses. The notice inadvertently identified the applications listed
as being new active ingredients rather than new uses. This document
corrects that error and also reopens the comment period for an
additional 30 days. EPA has received applications to register new uses
for pesticide products containing currently registered active
ingredients. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments, identified by the docket identification (ID) listed in
the body of this document, must be received on or before July 6, 2015.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of April 15, 2015 (80 FR 20223) (FRL-
9924-89).

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The Agency included in the April 15, 2015 Federal Register notice a
list of those who may be potentially affected by this action.

B. How can I get copies of this document and other related information?

    The dockets for these actions, identified by docket identification
(ID) numbers EPA-HQ-OPP-2015-0180 for Cyprodinil; EPA-HQ-OPP-2015-0014
for Mefenoxam; EPA-HQ-OPP-2015-0179 for Flutriafol; EPA-HQ-OPP-2014-
0922 for Zoxamide; and EPA-HQ-OPP-2014-0232 for Novaluron, are
available at http://www.regulations.gov or at the Office of Pesticide
Programs Regulatory Public Docket (OPP Docket) in the Environmental
Protection Agency Docket Center (EPA/DC), West William Jefferson
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC
204600-0001. The public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, except legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPP Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

C. Why is the comment period being reopened?

    This document reopens the public comment period for the Pesticide
Product Registration; Receipt of Applications for New Uses notice,
which was published in the Federal Register of April 15, 2015. EPA is
hereby reopening the comment period 30 days because EPA has received
applications to register new uses for pesticide products containing
currently registered active ingredients. Pursuant to the provision of
FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing
notice of receipt and opportunity to comment on these applications.
Notice of receipt of these applications does not imply a decision by
the Agency on these applications.

II. What does this correction do?

    FR Doc. 2015-08478 published in the Federal Register of April 15,
2015 (80 FR 20222) (FRL-9924-89) is corrected to read as follows:
    1. On page 20222, third column, under the document entitled
``Pesticide Product Registration; Receipt of Applications for New
Uses'', under the heading SUMMARY, the first paragraph, third line,
correct ``active ingredients'' to read ``new uses''.
    2. On page 20223, first column, 7 lines from the bottom of the
page, correct ``active ingredients'' to read ``new uses''.

    Authority: 7 U.S.C. 136 et seq.

    Dated: May 22, 2015.
Daniel J. Rosenblatt,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-13423 Filed 6-2-15; 8:45 am]
BILLING CODE 6560-50-P


  SEQ CHAPTER \h \r 1 Addendum to the Method 1668A Interlaboratory
Validation Study Report

March 2010

Pub Number EPA-820-R-10-003

Summary

	This addendum to the Method 1668A Interlaboratory Validation Study
Report (dated November 2008) revises Table 4-1, “Congener Detection
Rates and Concentrations in Study Samples (by Matrix and Level of
Chlorination),” and revises the section on quality control (QC)
acceptance criteria in the report, including revision of the QC
acceptance criteria in Table 5-1 of the report.  The criteria were
reassessed in response to laboratory feedback that some of the criteria
in the report were unrealistically restrictive, and were revised based
on an assessment of recently submitted data.  The revised QC acceptance
criteria in this addendum were developed based on the combination of a
statistical analysis and a holistic view of the data.

This March 2010 revision to the addendum made the following changes:

Footnote 1 to Table 4-1 was corrected to show that the biosolids
concentration is in wet-weight units (because not all laboratories
provided % solids and dry-weight results).

Footnote 2 to Table 4-1 was revised to clarify that the mean, median,
and maximum results are based on any detected congener in an LOC, and
expanded to further explain that concentrations for coeluted congeners
are for combined concentrations of all congeners within that coelution.

The section on revision of QC acceptance criteria was completely revised
to take into account calibration verification data received from AXYS
Analytical and TestAmerica-Knoxville and to make the criteria consistent
across all performance tests.

Table A-1 presents the revised QC acceptance criteria.

A section was added at the end of the addendum to explain that the
revised QC acceptance criteria will appear in Revision C to Method 1668.

Background

EPA initially published Method 1668A in 1999.  Since that time, the
Agency has:

Revised the method in 2000 and 2003 to reflect user suggestions and peer
reviews,

Published a study plan for the Method 1668A interlaboratory validation
study in 2003,

Conducted the interlaboratory validation study in 2003-2004,

 Published the peer reviewed validation study report, and

Published a revised method that reflects peer review and user
suggestions and data.

Additional details regarding the method revisions, the study, and the
peer review are available in Revisions A and B of Method 1668, and the
study plan, peer review report, validation study report, and validation
study peer review report listed above.

	After Revision B was published, AXYS Analytical Services, Ltd. (AXYS)
informed EPA that the revised initial precision and recovery (IPR) and
ongoing precision and recovery (OPR) QC acceptance criteria for some
congeners could not be met during routine laboratory operations because
these criteria did not allow recoveries exceeding 100% for many
congeners.  (In developing the Method 1668B criteria, EPA set the upper
limit on recovery to 100 percent for congeners for which a statistical
analysis resulted in recoveries less than 100 percent.)  EPA responded
to this concern by using recently submitted QC data to examine the QC
acceptance criteria published in Section 5 of the November 2008
interlaboratory study report and in Method 1668 Revision B.  This
examination resulted in revised criteria, as presented below.  The
examination also identified errors in Table 4-1 of the November 2008
report.  These changes are documented in this addendum.

Corrections to Table 4-1 of the Interlaboratory Validation Study Report

	The following is a corrected table.  The corrections result from
conversion of biosolids samples from dry weight to wet weight, so that
the results from all four laboratories were reported on the same basis.
To allow quick comparison with the values in Table 4-1 of the original
validation study report, the corrected values in the table below are
shown in boldface type.

Table 4-1.	Congener Detection Rates and Concentrations in Study Samples
(by Matrix and Level of Chlorination)

Matrix	LOC	# Labs	# Congeners Analyzed	# Congeners Detected	% Congeners
Detected	Concentration (detects only)1,2

Mean	Median	Maximum

Biosolids	1	4	24	23	96	71	74	94

	2

88	64	73	259	140	967

	3

160	134	84	514	387	2370

	4

240	195	81	667	277	4130

	5

237	166	70	1090	488	4720

	6

254	196	77	602	224	4450

	7

169	129	76	362	181	1670

	8

81	72	89	195	140	583

	9

24	23	96	161	91	630

	10

8	8	100	166	161	193

Tissue	1	6	36	26	72	4	3	12

	2

131	90	69	47	27	188

	3

232	181	78	267	150	1610

	4

352	288	82	402	130	3330

	5

347	258	74	418	128	15700

	6

362	270	75	429	108	10700

	7

240	182	76	276	120	3560

	8

114	105	92	157	108	709

	9

35	35	100	162	137	390

	10

12	12	100	200	201	236

Water	1	6	36	25	69	27	20	106

	2

128	118	92	533	505	1460

	3

233	223	96	1100	946	3430

	4

356	356	100	2850	2170	15300

	5

344	344	100	2660	1750	21800

	6

362	362	100	2190	1660	11800

	7

235	235	100	1750	1420	7370

	8

116	116	100	2410	1740	9560

	9

35	35	100	1760	1520	3350

	10

12	12	100	1740	1510	3170

1Biosolids concentrations in ng/kg (wet weight); tissue concentrations
in ng/kg (wet weight); water concentrations in pg/L

2Mean, median, and maximum concentrations at each LOC are based on any
detected congeners in that LOC. When coelution of two or more congeners
occurred, the combined value of those co-eluted congeners was used.

Revision of QC Acceptance Criteria

	In response to the information from AXYS, the IPR and OPR QC acceptance
criteria were re-evaluated using more OPR data than were available from
the Method 1668A interlaboratory validation study.  Specifically, AXYS
and TestAmerica-Knoxville (TestAmerica) provided EPA with large sets of
OPR data they had generated as part of their routine sample analysis
activities.  Both sets of additional data were from analyses performed
after completion of the Method 1668A interlaboratory study.  AXYS
provided 113 sets of results from aqueous and solid OPR samples, and
TestAmerica provided 112 sets of results from aqueous and solid OPR
samples.

	When these recent data were compared to QC acceptance criteria in Table
5-1 of the interlaboratory validation study report (and the identical
Method 1668B criteria), EPA observed that:

failure rates were notably higher than expected for high chlorination
level labeled analogs, and

the failure rate was higher than anticipated when assessed on a
per-sample basis (i.e., if at least one congener would fail, the OPR
would fail and, therefore, the OPR and associated batch of samples would
have to be reanalyzed for all congeners).

As a result, EPA used these data, along with the OPR data from the
method validation study, to revise the QC acceptance criteria that were
published in the 2008 validation study report and in Method 1668B.

	When determining QC acceptance criteria, it is assumed that all data
used in the calculation are representative of the population of results
from laboratories performing the method properly, and that any extreme
results produced would be due to analytical variability, and not to
laboratory issues.  When using existing data to establish QC acceptance
criteria, this assumption can be problematic because it cannot easily be
determined whether a result is unusually high or low due to chance or
due to a problem with the sample preparation or analysis.  However, the
large number of PCB congeners tested in an OPR sample (27 native and 27
labeled congeners) allows an assessment of the consistency of each
individual sample with the overall dataset.  An OPR sample for which the
recoveries for many congeners are consistently higher or lower than
those for other samples gives an indication that there may have been an
issue with the analysis of that sample, whereas an OPR sample for which
only one or two congeners yielded unusual recoveries is more likely to
be failing by chance alone.  Therefore, each OPR sample submitted by the
two laboratories was assessed for a high frequency of unusually high or
low recoveries.  Based on this assessment, five OPR samples were removed
from the dataset.

	After removal of the five OPR samples, all remaining data from the two
laboratories were combined, and the distribution of recoveries was
examined for each native and labeled congener.  Based on this
examination, three subgroups were identified that yielded similar
distributions.  These subgroups were defined as follows:

All native congeners

Labeled congeners 1 to 54

Labeled congeners 77 to 209

	A revised set of OPR recovery criteria was chosen for each of these
subgroups that would result in an approximate 5% failure rate on a
per-sample basis.  To further assess these chosen criteria, OPR results
from the two laboratories were combined with the Method 1668A validation
study data.  This approach allowed the chosen criteria to be assessed
using data with a larger between-laboratory variance component.  Because
there were many more OPR results from the two post-study laboratories
than from the validation study laboratories, 100 sets of data were
simulated.  For each simulation run, four OPR results per congener were
chosen randomly (such that the same sample would not be chosen for all
congeners) from each of the two post-study laboratories.  For each of
these simulation runs, OPR criteria were calculated using the same
formulas used to produce Method 1668B criteria from the method
validation study.  Because the resulting simulated QC criteria tended to
be tighter than the nominal criteria, it was concluded that the added
between-laboratory variability was not large enough to necessitate
widening the chosen criteria.

	After choosing the OPR criteria, IPR criteria were chosen based on the
OPR criteria.  Unlike OPRs, which are evaluated on an individual sample
basis, IPRs are analyzed and evaluated in sets of four.  Because means
of four measurements are less variable than single measurements, IPR
recovery criteria tend to be tighter (by approximately 10-15%) than OPR
recovery criteria.  Based on this assumption, nominal IPR criteria were
chosen for each of the three congener subsets that were approximately
10-15% tighter than the corresponding OPR recovery criteria.  These
criteria then were evaluated using the data submitted by the two
post-study laboratories.  Because these data comprised OPR samples only,
IPR sets needed to be simulated to assess the IPR criteria.  To do this,
100 sets of 4 OPRs were chosen randomly in order to simulate an IPR
“set.”  The number of occurrences where an IPR set failed the
nominal criteria was then determined for each congener.  It would be
expected that the failure rate could be slightly larger than the target
5%, because the simulated sets included a larger amount of temporal
variability than a set of IPRs analyzed by a laboratory in practice
(which are usually run within a single batch).  However, the observed
failure rates were well within the expected 5%, and therefore supported
the chosen nominal criteria.

Revision of QC Acceptance Criteria for Calibration Verification

 	QC acceptance criteria for calibration verification were not revised
based on the 2003-2004 interlaboratory study because calibration and
calibration verification data were not gathered in the study.  After
completion of the interlaboratory study, calibration verification data
were gathered from AXYS and TestAmerica.  AXYS supplied results of
analysis of 686 calibration verification samples and TestAmerica
supplied results of 1160 calibration verification samples.  Using a
similar approach to that described for the OPR criteria modification,
the results from the two laboratories were assessed to arrive at
calibration verification criteria with an approximate per-sample failure
rate of 5%.

The criteria for all native congeners were set to 75 - 125%, vs. 70 -
130% in Method 1668A

The criteria for labeled congeners 1L to 209L were set to 50 - 145%, vs.
50 - 150% in Method 1668A

The criterion for labeled cleanup standard 28L was set to 65 - 135%, vs.
60 - 130% in Method 1668A, and

The criteria for labeled cleanup standards 111L and 178L were set to 75
- 125% vs. 60 - 130% in Method 1668A.

For labeled compounds 1L - 209L and the cleanup standards, the observed
per-sample failure rate for the AXYS data was 5.3 percent and the
observed per-sample failure rate for the TestAmerica data was 3.0
percent.  The adjusted criteria are shown in Table A-1.

Adjustment of QC Acceptance Criteria for OPR and Labeled Compound
Recovery from Samples

When the revised QC acceptance criteria for calibration verification,
IPR, OPR, and labeled compound recovery from samples were compared, the
upper limit of the calibration verification criteria was less
restrictive than the upper limits of the OPR and the labeled compound
recovery from samples.  To make all criteria consistent, upper limits of
criteria for OPR and labeled compound recovery from samples were
increased to be greater than or equal to the upper limits of the
calibration verification criteria. For example, for labeled congeners 1L
- 54L, OPR criteria for recovery, based on a 5% failure rate, were 15 -
140%, necessitating an increase in the upper limit to 145%.  The upper
limits on IPR recovery for labeled compounds 1L - 54L and 77L - 209L
were not increased to be greater than or equal to calibration
verification criteria because an IPR consists of the average of results
of 4 tests, whereas calibration verification is a single test.  The
adjusted criteria are shown in Table A-1.  These revised criteria
replace the criteria in Section 5 and Table 5-1 of the November 2008
report.

Table A-1. 	Revised QC Acceptance Criteria for Calibration Verification,
Initial Precision and Recovery (IPR), On-going Precision and Recovery
(OPR), and Labeled Compound Recovery from Samples

Congener set	Calibration

Verification	IPR

Recovery	IPR

Precision	OPR

Recovery	Labeled Compound

Recovery from Samples

Native Toxics and LOCs	75-125%	70-130%	25%	60-135%	NA

Labeled congeners

	1L to 54L	50-145%	20-135%	70%	15-145%	5-145%

77L to 209L	50-145%	45-135%	50%	40-145%	10-145%

Cleanup standards

	28L	65-135%	20-135%	70%	15-145%	5-145%

111L and 178L	75-125%	45-135%	50%	40-145%	10-145%

NA = Not applicable

Revision C to Method 1668

	To accommodate the changes to the QC acceptance criteria presented in
this addendum, EPA had the option of revising Method 1668B, or creating
Revision C to Method 1668.  The advantage to creating Method 1668C is
that it minimizes confusion associated with multiple versions of
Revision B.  EPA has therefore chosen to create Method 1668C to include
the revised QC acceptance criteria presented in this addendum.

Addendum to the Method 1668A Interlaboratory Validation Study Report

March 2010	  PAGE   \* MERGEFORMAT  1


[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Rules and Regulations]
[Page 23600-23608]
[DOCID:fr04my10-21]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

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

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<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.

0
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)
              State                 City/town/county   Source of flooding       Location         Depth in feet
                                                                                above ground
                                                                                [caret] Elevation
                                                                                in meters (MSL)
                                                                                Modified
----------------------------------------------------------------------------------------------------------------
                                           City of Burnside, Kentucky
                                             Docket No.: FEMA-B-1040
----------------------------------------------------------------------------------------------------------------
Kentucky........................  City of Burnside...  Lake Cumberland...  Entire shoreline..               +749
----------------------------------------------------------------------------------------------------------------
* 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 Burnside
Maps are available for inspection at 7929 South Highway 27, Burnside, KY 42519.
----------------------------------------------------------------------------------------------------------------

                                                                      * 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
----------------------------------------------------------------------------------------------------------------
                                Clinton County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1040
----------------------------------------------------------------------------------------------------------------
Cumberland River.......................  Approximately 2,300 feet                +568  Unincorporated Areas of
                                          downstream of the                             Clinton County.
                                          confluence with Tearcoat
                                          Creek.
                                         Approximately 2,300 feet                +571
                                          upstream of the
                                          confluence with Millers
                                          Creek.
Dale Hollow Lake (Wolf River)..........  At the confluence with                  +663  Unincorporated Areas of
                                          the Wolf River.                               Clinton County.
                                         Approximately 1,800 feet                +663
                                          upstream of the
                                          confluence with Spring
                                          Creek.
Lake Cumberland........................  Just upstream of the Wolf               +760  Unincorporated Areas of
                                          Creek Dam.                                    Clinton County.
                                         At the confluence with                  +760
                                          Otter 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 Clinton County
Maps are available for inspection at 100 South Cross Street, Albany, KY 42602.
----------------------------------------------------------------------------------------------------------------
                            Jefferson Davis Parish, Louisiana, and Incorporated Areas
                                             Docket No.: FEMA-B-1043
----------------------------------------------------------------------------------------------------------------
Lake Arthur............................  Entire shoreline (north                +8-10  Town of Lake Arthur,
                                          to 7th Street from the                        Unincorporated Areas of
                                          eastern to the western                        Jefferson Davis Parish.
                                          border of the Town of
                                          Lake Arthur).
Lake Charles...........................  Covering an area                       +7-11  Unincorporated Areas of
                                          beginning at the                              Jefferson Davis Parish.
                                          southern border with
                                          Cameron Parish,
                                          proceeding north along
                                          the Calcasieu Parish
                                          border to West Niblett
                                          Road, to the east to
                                          State Route 99, then
                                          from State Route 99
                                          below State Route 380 to
                                          the Town of Lake Charles
                                          border.
----------------------------------------------------------------------------------------------------------------
* 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
Town of Lake Arthur
Maps are available for inspection at 102 Arthur Avenue, Lake Arthur, LA 70549.

                                 Unincorporated Areas of Jefferson Davis Parish
Maps are available for inspection at 304 North State Street, Jennings, LA 70546.
----------------------------------------------------------------------------------------------------------------
                              Tangipahoa Parish, Louisiana, and Incorporated Areas
                                    Docket Nos.: FEMA-B-7765 and FEMA-B-1064
----------------------------------------------------------------------------------------------------------------
Ponchatoula Creek......................  Approximately 1,726 feet                 +79  Town of Independence.
                                          upstream of the
                                          confluence with Unnamed
                                          Tributary.
                                         Approximately 1.92 mile                  +87
                                          upstream of the
                                          confluence with Unnamed
                                          Tributary.
Tangipahoa River.......................  Approximately 1.18 mile                 +118  Town of Roseland.
                                          upstream of the
                                          confluence with Big
                                          Creek.
                                         Approximately 1,809 feet                +126
                                          downstream of I-10.
Natalbany River........................  Approximately 2.5 mile                   +97  Town of Amite City,
                                          upstream of State Route                       Unincorporated Areas of
                                          40.                                           Tangipahoa Parish.
                                         Approximately 185 feet                  +183
                                          upstream of State Route
                                          1048.
Unnamed Tributary......................  Approximately 0.65 mile                  +79  Town of Independence.
                                          upstream of the
                                          confluence with
                                          Ponchatoula Creek.
                                         Approximately 0.81 mile                  +80
                                          upstream of the
                                          confluence with
                                          Ponchatoula 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
Town of Amite City
Maps are available for inspection at 212 East Oak Street, Amite, LA 70422.

Town of Independence
Maps are available for inspection at P.O. Box 35, Independence, LA 70443.

Town of Roseland
Maps are available for inspection at 62438 Commercial Drive, Roseland, LA 70546.

                                    Unincorporated Areas of Tangipahoa Parish
Maps are available for inspection at 15481 Club Deluxe Road, Hammond, LA 70403.
----------------------------------------------------------------------------------------------------------------
                                 Marion County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1038
----------------------------------------------------------------------------------------------------------------
Bear Creek.............................  Approximately 3,930 feet                +562  Unincorporated Areas of
                                          downstream of County                          Marion County.
                                          Road 418.
                                         At U.S. Route 36.........               +583
Minnow Branch..........................  At Munger Lane...........               +589  City of Hannibal,
                                                                                Unincorporated Areas of
                                                                                Marion County.
                                         At Veterans Road.........               +685
Mississippi River......................  Approximately 2.175 miles               +476  City of Hannibal,
                                          downstream of the                             Unincorporated Areas of
                                          confluence with Bear                          Marion County.
                                          Creek.
                                         At the confluence with                  +477
                                          Bear Creek.
                                         At U.S. Route 24.........               +487
St. Clair Creek........................  Approximately 2,150 feet                +568  City of Hannibal,
                                          downstream of Veterans                        Unincorporated Areas of
                                          Road.                                         Marion County.
                                         Approximately 400 feet                  +652
                                          upstream of Highway MM.
----------------------------------------------------------------------------------------------------------------
* 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 Hannibal
Maps are available for inspection at 320 Broadway, Hannibal, MO 63401.

                                      Unincorporated Areas of Marion County
Maps are available for inspection at 100 South Main Street, Palmyra, MO 63461.
----------------------------------------------------------------------------------------------------------------
                                 Custer County, Montana, and Incorporated Areas
                                             Docket No.: FEMA-B-1020
----------------------------------------------------------------------------------------------------------------
Tongue River...........................  Approximately 1,605 feet               +2359  City of Miles City,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with the                           Custer County.
                                          Yellowstone River.
                                         Approximately 5,315 feet               +2375
                                          upstream of I-94.
Tongue River Split 1...................  Approximately 1,450 feet               +2353  City of Miles City,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with the                           Custer County.
                                          Yellowstone River.
                                         Approximately 2,430 feet               +2358
                                          upstream of 4th Street.
Tongue River Split 2A..................  Approximately 2,135 feet               +2348  City of Miles City,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with the                           Custer County.
                                          Yellowstone River.
                                         Approximately 185 feet                 +2358
                                          upstream of Montana
                                          Avenue.
Tongue River Split 2B..................  Just downstream of the                 +2359  City of Miles City.
                                          intersection of Palmer
                                          Street and 9th Street.
                                         Approximately 705 feet                 +2360
                                          upstream of Pleasant
                                          Street.
Tongue River Split 2C..................  Approximately 380 feet                 +2359  City of Miles City.
                                          upstream of Palmer
                                          Street.
                                         Approximately 1,145 feet               +2363
                                          upstream of Pacific
                                          Avenue.
Tongue River Split 3A..................  Approximately 300 feet                 +2346  City of Miles City,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with Tongue                        Custer County.
                                          River Split 2A.
                                         Approximately 290 feet                 +2358
                                          upstream of Leighton
                                          Street.

Tongue River Split 3B..................  Just downstream of                     +2360  City of Miles City,
                                          Pleasant Street.                              Unincorporated Areas of
                                                                                Custer County.
                                         Approximately 75 feet                  +2365
                                          upstream of 4th Avenue.
Tongue River Split 3C..................  Approximately 130 feet                 +2358  City of Miles City,
                                          downstream of Palmer                          Unincorporated Areas of
                                          Street.                                       Custer County.
                                         Approximately 1,465 feet               +2368
                                          upstream of Balsam Drive.
Yellowstone River......................  Approximately 22,675 feet              +2336  City of Miles City,
                                          downstream of State                           Unincorporated Areas of
                                          Highway 59.                                   Custer County.
                                         Approximately 11,500 feet              +2363
                                          upstream of State
                                          Highway 59.
----------------------------------------------------------------------------------------------------------------
* 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 Miles City
Maps are available for inspection at 17 South 8th Street, Miles City, MT 59301.

                                      Unincorporated Areas of Custer County
Maps are available for inspection at 1010 Main Street, Miles City, MT 59301.
----------------------------------------------------------------------------------------------------------------
                                 Fergus County, Montana, and Incorporated Areas
                                             Docket No.: FEMA-B-1050
----------------------------------------------------------------------------------------------------------------
Flood Channel..........................  Approximately 70 feet                  +3610  Town of Denton.
                                          upstream of the Main
                                          Street Bridge.
                                         Approximately 50 feet                  +3614
                                          upstream of the Railroad
                                          Bridge.
Shallow Flooding.......................  At the intersection of            1  Town of Denton.
                                          Bain Street and Main
                                          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
Town of Denton
Maps are available for inspection at 305 West Watson Street, Lewistown, MT 59457.
----------------------------------------------------------------------------------------------------------------
                                    Ross County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1043
----------------------------------------------------------------------------------------------------------------
Kinnikinnick Creek.....................  Approximately 1,850 feet                +645  Unincorporated Areas of
                                          upstream of the                               Ross County.
                                          confluence with the
                                          Scioto River.
                                         Approximately 11,050 feet               +666
                                          upstream of the
                                          confluence with the
                                          Scioto River.
----------------------------------------------------------------------------------------------------------------
* 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 Ross County
Maps are available for inspection at 15 North Paint Street, Chillicothe, OH 45601.
----------------------------------------------------------------------------------------------------------------
                                 Tuscarawas County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1050
----------------------------------------------------------------------------------------------------------------
Beggar Run (Backwater from Tuscarawas    At the confluence with                  +909  Unincorporated Areas of
 River).                                  Conotton Creek.                               Tuscarawas County.
                                         Approximately 0.78 mile                 +909
                                          upstream of the
                                          confluence with Conotton
                                          Creek.
Browns Run (Backwater from Tuscarawas    At the confluence with                  +909  Unincorporated Areas of
 River).                                  Conotton Creek.                               Tuscarawas County.
                                         Just downstream of                      +909
                                          Henderson School Road.
Conotton Creek (Backwater from           At the confluence with                  +909  Unincorporated Areas of
 Tuscarawas River).                       the Tuscarawas River.                         Tuscarawas County.

                                         Approximately 0.76 mile                 +909
                                          upstream of Miller Hill
                                          Road (Carroll County
                                          boundary).
Dog Run (Backwater from Tuscarawas       At the confluence with                  +909  Unincorporated Areas of
 River).                                  Conotton Creek.                               Tuscarawas County.
                                         Approximately 0.42 mile                 +909
                                          upstream of Norfolk and
                                          Western Railway.
Huff Run (Backwater from Tuscarawas      At the confluence with                  +909  Unincorporated Areas of
 River).                                  Conotton Creek.                               Tuscarawas County,
                                                                                Village of Mineral City.
                                         Approximately 1.38 mile                 +909
                                          upstream of New
                                          Cumberland Road.
Indian Fork (Backwater from Tuscarawas   At the confluence with                  +909  Unincorporated Areas of
 River).                                  Conotton Creek.                               Tuscarawas County.
                                         Just downstream of State                +909
                                          Route 212.
Middle Run (Backwater from Tuscarawas    At the confluence with                  +909  Unincorporated Areas of
 River).                                  the Tuscarawas River.                         Tuscarawas County.
                                         Approximately 0.72 mile                 +909
                                          upstream of Dover-Zoar
                                          Road.
Small Middle Run (Backwater from         At the confluence with                  +909  Unincorporated Areas of
 Tuscarawas River).                       the Tuscarawas River.                         Tuscarawas County.
                                         Approximately 500 feet                  +909
                                          downstream of Dover-Zoar
                                          Road.
Stillwater Creek.......................  Just downstream of                      +844  City of Midvale.
                                          Baltimore and Ohio
                                          Railroad.
                                         Approximately 0.45 mile                 +845
                                          upstream of U.S. Route
                                          250.
Tuscarawas River.......................  Approximately 1,000 feet                +831  Village of Gnadenhutten.
                                          upstream of the
                                          confluence with Clewell
                                          Run.
Tuscarawas River.......................  Approximately 0.66 mile                 +838  Village of Tuscarawas.
                                          downstream of Tuscarawas
                                          Road.
Tuscarawas River.......................  Just upstream of the                    +909  Unincorporated Areas of
                                          Dover Dam.                                    Tuscarawas County,
                                                                                Village of Bolivar,
                                                                                Village of Zoar.
                                         Approximately 2.18 miles                +909
                                          upstream of State Route
                                          212 (Stark County
                                          boundary).
Wolf Run (Backwater from Tuscarawas      At the confluence with                  +909  Unincorporated Areas of
 River).                                  the Tuscarawas River.                         Tuscarawas County.
                                         Approximately 0.89 mile                 +909
                                          upstream of Norfolk and
                                          Western Railway.
----------------------------------------------------------------------------------------------------------------
* 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 Midvale
Maps are available for inspection at City Hall, 311 Barnhill Road, Midvale, OH 44653.

                                    Unincorporated Areas of Tuscarawas County
Maps are available for inspection at the Tuscarawas County Administrative Offices, 125 East High Avenue, New
 Philadelphia, OH 44663.

Village of Bolivar
Maps are available for inspection at the Village Hall, 109 Canal Street Northwest, Bolivar, OH 44612.

Village of Gnadenhutten
Maps are available for inspection at the Village Hall, 131 South Walnut Street, Gnadenhutten, OH 44629.

Village of Mineral City
Maps are available for inspection at the Village Hall, 8728 North High Street, Mineral City, OH 44656.

Village of Tuscarawas
Maps are available for inspection at the Village Hall, 522 East Cherry Street, Tuscarawas, OH 44682.

Village of Zoar
Maps are available for inspection at the Tuscarawas County Administrative Offices, 125 East High Avenue, New
 Philadelphia, OH 44663.
----------------------------------------------------------------------------------------------------------------
                               Pittsburg County, Oklahoma, and Incorporated Areas
                                             Docket No.: FEMA-B-1034
----------------------------------------------------------------------------------------------------------------
Tributary AA...........................  Approximately 2,790 feet                +715  City of McAlester.
                                          downstream of 14th
                                          Street.
                                         Approximately 2,160 feet                +724
                                          downstream of 14th
                                          Street.
Tributary B............................  Approximately 470 feet                  +686  City of McAlester,
                                          downstream of C Street.                       Unincorporated Areas of
                                                                                Pittsburg County.
                                         Approximately 1,700 feet                +728
                                          upstream of Swallow
                                          Drive.

Tributary E............................  Approximately 1,200 feet                +654  Unincorporated Areas of
                                          upstream of Highway 270.                      Pittsburg County.
                                         Approximately 5,000 feet                +658
                                          upstream of Highway 270.
----------------------------------------------------------------------------------------------------------------
* 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 McAlester
Maps are available for inspection at 28 East Washington Street, McAlester, OK 74502.

                                    Unincorporated Areas of Pittsburg County
Maps are available for inspection at 115 East Carl Albert Parkway, McAlester, OK 74501.
----------------------------------------------------------------------------------------------------------------
                              Sanborn County, South Dakota, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
James River............................  Approximately 2,133 feet               +1226  Unincorporated Areas of
                                          downstream of 243rd                           Sanborn County.
                                          Street.
                                         Approximately 1,162 feet               +1237
                                          upstream of 221st 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
                                     Unincorporated Areas of Sanborn County
Maps are available for inspection at 604 West 6th Street, Woonsocket, SD 57385.
----------------------------------------------------------------------------------------------------------------
                                 Val Verde County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------
Calveras Creek.........................  At the confluence with                  +924  Unincorporated Areas of
                                          San Felipe Creek.                             Val Verde County.
                                         Approximately 0.6 mile                 +1015
                                          upstream of Gilberto
                                          Road.
Cantu Branch...........................  Just upstream of Dodson                +1035  Unincorporated Areas of
                                          Avenue.                                       Val Verde County.
                                         Approximately 1,222 feet               +1046
                                          upstream of Grace Drive.
San Felipe Creek.......................  Just upstream of                        +911  Unincorporated Areas of
                                          Gilchrist Lane.                               Val Verde County.
                                         Just upstream of River                  +929
                                          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.
                                                    ADDRESSES
                                    Unincorporated Areas of Val Verde County
Maps are available for inspection at the Del Rio City Hall, 109 West Broadway Street, Del Rio, TX 78840.
----------------------------------------------------------------------------------------------------------------
                               Marathon County, Wisconsin, and Incorporated Areas
                                             Docket No.: FEMA-B-1022
----------------------------------------------------------------------------------------------------------------
Bull Junior Creek......................  At the mouth of the                    +1147  City of Mosinee.
                                          Wisconsin River.
                                         Approximately 450 feet                 +1149
                                          downstream of U.S. Route
                                          51.
Eau Claire River.......................  At the Brooks and Ross                 +1168  City of Schofield, City
                                          Dam.                                          of Wausau.
                                         Approximately 1.1 mile                 +1169
                                          upstream of the Brooks
                                          and Ross Dam.
Wisconsin River........................  Just upstream of the dam               +1147  City of Mosinee,
                                          in the City of Mosinee.                       Unincorporated Areas of
                                                                                Marathon County, Village
                                                                                of Kronenwetter, Village
                                                                                of Rothschild.
                                         Just downstream of the                 +1159
                                          Rothschild 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.

                                                    ADDRESSES
City of Mosinee
Maps are available for inspection at City Hall, 225 Main Street, Mosinee, WI 54455.

City of Schofield
Maps are available for inspection at the Public Works/Building Inspection Department, 200 Park Street,
 Schofield, WI 54476.

City of Wausau
Maps are available for inspection at the Inspections Department, 407 Grant Street, Wausau, WI 54403.

                                     Unincorporated Areas of Marathon County
Maps are available for inspection at the Marathon County Conservation, Planning, and Zoning Office, 210 River
 Drive, Wausau, WI 54403.

Village of Kronenwetter
Maps are available for inspection at the Municipal Center, 1582 Kronenwetter Drive, Kronenwetter, WI 54455.

Village of Rothschild
Maps are available for inspection at the Village Hall, 211 Grand Avenue, Rothschild, WI 54470.
----------------------------------------------------------------------------------------------------------------
                               Outagamie County, Wisconsin, and Incorporated Areas
                                             Docket No.: FEMA-B-1045
----------------------------------------------------------------------------------------------------------------
AAL Tributary..........................  At the confluence with                  +742  City of Appleton.
                                          Apple Creek.
                                         Approximately 410 feet                  +746
                                          upstream of North
                                          Lightning Drive.
Apple Creek............................  Approximately 0.92 mile                 +646  City of Appleton,
                                          upstream of Garrity Road.                     Unincorporated Areas of
                                                                                Outagamie County,
                                                                                Village of Little Chute.
                                         Approximately 0.33 mile                 +774
                                          upstream of U.S. Route
                                          41.
Apple Creek North......................  At the confluence with                  +729  City of Appleton,
                                          Apple Creek.                                  Unincorporated Areas of
                                                                                Outagamie County.
                                         Approximately 90 feet                   +780
                                          upstream of County
                                          Highway E.
Apple Creek North Overland Flow........  At the confluence with                  +737  City of Appleton,
                                          Apple Creek.                                  Unincorporated Areas of
                                                                                Outagamie County.
                                         At the divergence from                  +744
                                          Apple Creek North.
Apple Creek Northeast..................  At the confluence with                  +721  City of Appleton,
                                          Apple Creek.                                  Unincorporated Areas of
                                                                                Outagamie County.
                                         Approximately 0.35 mile                 +761
                                          upstream of Lanser Lane.
Apple Creek Overland Flow..............  At the confluence with                  +757  City of Appleton.
                                          Apple Creek.
                                         Approximately 0.23 mile                 +767
                                          above the confluence
                                          with Apple Creek.
County Highway JJ Swale................  At the confluence with                  +729  Unincorporated Areas of
                                          Apple Creek.                                  Outagamie County.
                                         Approximately 920 feet                  +730
                                          upstream of the
                                          confluence with Apple
                                          Creek.
Fox River..............................  Approximately 0.27 mile                 +603  Unincorporated Areas of
                                          downstream of the Rapids                      Outagamie County.
                                          Croche Dam.
                                         Approximately 0.87 mile                 +610
                                          downstream of the
                                          Thilmany Dam.
Fox River..............................  Approximately 0.56 mile                 +703  City of Appleton,
                                          upstream of State                             Unincorporated Areas of
                                          Highway 441.                                  Outagamie County.
                                         Approximately 200 feet                  +728
                                          downstream of the
                                          Appleton Upper Dam.
French Road Overland Flow..............  At the confluence with                  +738  City of Appleton.
                                          French Road Swale.
                                         Approximately 960 feet                  +743
                                          above the confluence
                                          with French Road Swale.
French Road Swale......................  At the confluence with                  +733  City of Appleton.
                                          Apple Creek.
                                         At the divergence from                  +747
                                          Apple Creek North.
Garners Creek..........................  At the confluence with                  +660  City of Appleton,
                                          the Fox River.                                Unincorporated Areas of
                                                                                Outagamie County,
                                                                                Village of Combined
                                                                                Locks, Village of
                                                                                Kimberly, Village of
                                                                                Little Chute.

                                         Approximately 0.28 mile                 +773
                                          upstream of Stoney Brook
                                          Road.
Garners Creek Tributary 1..............  At the confluence with                  +666  Unincorporated Areas of
                                          Garners Creek.                                Outagamie County,
                                                                                Village of Combined
                                                                                Locks.
                                         Approximately 1.28 mile                 +747
                                          upstream of Block Road.
Garners Creek Tributary 2..............  At the confluence with                  +698  Unincorporated Areas of
                                          Garners Creek.                                Outagamie County.
                                         Approximately 30 feet                   +748
                                          upstream of Greenspire
                                          Way.
Garners Creek Tributary 3..............  At the confluence with                  +711  Unincorporated Areas of
                                          Garners Creek.                                Outagamie County.
                                         Approximately 401 feet                  +757
                                          upstream of Fenceline
                                          Drive.
Garners Creek Tributary 3.1............  At the confluence with                  +733  Unincorporated Areas of
                                          Garners Creek Tributary                       Outagamie County.
                                          3.
                                         Approximately 0.20 mile                 +740
                                          upstream of the
                                          confluence with Garners
                                          Creek Tributary 3.
Garners Creek Tributary 4..............  At the confluence with                  +753  City of Appleton,
                                          Garners Creek.                                Unincorporated Areas of
                                                                                Outagamie County.
                                         Approximately 50 feet                   +753
                                          downstream of State
                                          Highway 441.
Glory Lane Swale.......................  At the confluence with                  +733  City of Appleton.
                                          Apple Creek.
                                         Approximately 120 feet                  +734
                                          south of Glory Lane.
Mud Creek..............................  Approximately 1.33 miles                +744  Unincorporated Areas of
                                          downstream of West                            Outagamie County.
                                          Spencer Street.
                                         Approximately 170 feet                  +837
                                          downstream of North
                                          Mayflower Drive.
Mud Creek Tributary 3.2................  At the confluence with                  +774  Unincorporated Areas of
                                          Mud Creek Tributary 3.                        Outagamie County.
                                         Approximately 0.51 mile                 +805
                                          upstream of Elsner Road.
Mud Creek Tributary 3.3................  At the confluence with                  +774  Unincorporated Areas of
                                          Mud Creek Tributary 3.                        Outagamie County.
                                         Approximately 500 feet                  +846
                                          upstream of State
                                          Highway 15.
Mud Creek Tributary 3.3.2..............  At the confluence with                  +791  Unincorporated Areas of
                                          Mud Creek Tributary 3.3.                      Outagamie County.
                                         Approximately 100 feet                  +800
                                          downstream of County
                                          Highway JJ.
Mud Creek Tributary 3.3.3..............  Approximately 370 feet                  +797  Unincorporated Areas of
                                          downstream of Barley Way.                     Outagamie County.
                                         Approximately 150 feet                  +800
                                          downstream of County
                                          Highway JJ.
Wolf River.............................  Approximately 1.19 mile                 +761  City of New London.
                                          downstream of U.S. Route
                                          45.
                                         Approximately 1.13 mile                 +761
                                          downstream of U.S. Route
                                          45.
----------------------------------------------------------------------------------------------------------------
* 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 Appleton
Maps are available for inspection at 100 North Appleton Street, Appleton, WI 54911.

City of New London
Maps are available for inspection at 405 West Wolf River Avenue, New London, WI 54961.

                                    Unincorporated Areas of Outagamie County
Maps are available for inspection at 410 South Walnut Street, Appleton, WI 54911.

Village of Combined Locks
Maps are available for inspection at 405 Wallace Street, Combined Locks, WI 54113.

Village of Kimberly
Maps are available for inspection at 515 West Kimberly Avenue, Kimberly, WI 54136.

Village of Little Chute
Maps are available for inspection at 108 West Main Street, Little Chute, WI 54140.
----------------------------------------------------------------------------------------------------------------

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

    Dated: April 27, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-10345 Filed 5-3-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: January 9, 2008 (Volume 73, Number 6)]
[Notices]
[Page 1659-1660]
[DOCID:fr09ja08-82]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57090; File No. SR-Phlx-2007-94]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Amending the Examinations Fee

January 3, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 28, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Exchange has designated this proposal as one establishing
or changing a due, fee, or other charge imposed by Phlx under section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Phlx proposes to expand its current Examinations Fee in order to
assess this fee on: (1) Member organizations and participant
organizations,\5\ for whom the Exchange is the Designated Examining
Authority (``DEA''), that do not employ any off-floor traders; and (2)
``inactive organizations.'' While changes to the Exchange's fee
schedule pursuant to this proposal are effective upon filing, the
Exchange has designated that the proposed changes become operative
beginning January 1, 2008. The text of the proposed rule change is
available at the Exchange, on its Web site at http:// phlx.com/

exchange/phlx--rule--fil.html, and at Commission's Public Reference
Room.
---------------------------------------------------------------------------

    \5\ For purposes of this proposed rule change, the term
``participant organization'' means Foreign Currency Options
Participant Organization, as that term is defined in Section 1-1(l)
of Phlx's By-Laws. See telephone conversation between Cynthia
Hoekstra, Vice President, Phlx, and Christopher Chow, Special
Counsel, Division of Trading and Markets, Commission, on December
31, 2007.
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change, and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, the Exchange implements a tiered Examinations Fee based
on the number of off-floor traders in the same member/participant
organization for whom the Exchange is the DEA.\6\ Specifically, a
member/participant organization is assessed $2,100 per month for one to
ten off-floor traders; $2,600 per month for 11 to 50 off-floor traders;
$5,000 per month for 51 to 200 off-floor traders; and $12,500 per month
for over 200 off-floor traders. However, the following member
organizations are currently exempt from the assessment of the
Examinations Fee: (1) Inactive organizations; \7\ and (2) organizations
operating through one or more Phlx markets that demonstrated that 25%
or more of its revenue as reflected on the most recently submitted
FOCUS report or transactions as reflected on its purchase and sales
blotter are derived from securities transactions on the Phlx.
---------------------------------------------------------------------------

    \6\ In connection with charges assessed in connection with the
trading of equity securities on XLE (the Exchange's equity trading
system), Sponsored Participants are not included in the calculation
of the number of off-floor traders in a Sponsoring Member
Organization. See Securities Exchange Act Release No. 54941
(December 14, 2006), 71 FR 77079 (December 22, 2006) (SR-Phlx-2006-
70).
    \7\ An inactive organization is defined as one that has no
securities transaction revenue, as determined by Financial and
Operational Combined Uniform Single Report (``FOCUS reports'') or
other financial filings, as long as the member/participant
organization continues to have no such revenue each month.
---------------------------------------------------------------------------

    The Exchange proposes to assess the Examinations Fee on those
member/participant organizations who do not have any off-floor traders
because the Exchange must examine those member/participant
organizations for whom the Exchange is the DEA.\8\ Member/

participant organizations with no off-floor traders in the same member/
participant organization would be assessed a monthly fee of $2,100,
which is the same fee that is currently assessed on member/participant
organizations with one to ten off-floor traders.
---------------------------------------------------------------------------

    \8\ Member/participant organizations that have operated without
an off-floor trader generally rely on persons registered with
affiliated broker-dealers or operate utilizing a ``black box''
trading technology.
---------------------------------------------------------------------------

    Additionally, the Exchange proposes to assess the Examinations Fee
on inactive organizations, thereby eliminating the current inactive
member/participant organization exemption.\9\ As a result, inactive
member/participant organizations for whom the Exchange is the DEA will
be assessed the Examinations Fee based on the number of off-floor
traders in that inactive member/participant organization.\10\
---------------------------------------------------------------------------

    \9\ The Exchange represents that it will continue to conduct
examinations of member/participant organizations that have chosen to
elect an ``inactive status.'' See telephone conversation between
Cynthia Hoekstra, Vice President, Phlx, and Christopher Chow,
Special Counsel, Division of Trading and Markets, Commission, on
January 2, 2008.
    \10\ Member organizations operating through one or more Phlx
markets that demonstrated that 25% or more of its revenue as
reflected on the most recently submitted FOCUS report or
transactions as reflected on its purchase and sales blotter are
derived from securities transactions on Phlx will continue to be
exempt from the assessment of the Examinations Fee.
---------------------------------------------------------------------------

    The Exchange intends to implement the Examinations Fee as set forth
in this proposal beginning January 1, 2008.
    The Exchange states that the purpose of revising the Examinations
Fee is to more efficiently and effectively assess member/participant
organizations for costs in connection with conducting examinations of
member/participant organizations that do not have any off-floor traders
for whom the Exchange is the DEA and for those that choose to elect an
``inactive status.''
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 of the Act \11\ in general, and
furthers the objectives of section 6(b)(4) of the Act \12\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. According to the
Exchange, assessing member/participant organizations an Examinations
Fee as set forth in this proposal should more efficiently and
effectively charge those member/participant organizations for costs
associated with conducting examinations of these organizations.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing proposed rule change has been designated as a fee
change pursuant to section 19(b)(3)(A)(ii) of the Act \13\ and Rule
19b-4(f)(2) \14\ thereunder, because it establishes or changes a due,
fee, or other charge imposed by the Exchange. Accordingly, the proposal
took effect upon filing with the Commission. At any time within 60 days
of the filing of such proposed rule change the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2007-94 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2007-94. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2007-94 and should be
submitted on or before January 30, 2008.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-150 Filed 1-8-08; 8:45 am]

BILLING CODE 8011-01-P