[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Rules and Regulations]
[Page 23121-23129]
[DOCID:fr29ap08-13]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated on 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: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

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 Assistant Administrator of the
Mitigation Directorate 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
           Flooding source(s)              Location of referenced      feet (NAVD)        Communities affected
                                                 elevation          Depth in
                                                                    feet above ground
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                            Henderson County, North Carolina, and Incorporated Areas
                                             Docket No.: FEMA-D-7808
----------------------------------------------------------------------------------------------------------------
Allen Branch...........................  At the confluence with                +2,081  Unincorporated Areas of
                                          Clear Creek.                                  Henderson County, City
                                                                                of Hendersonville.
                                         Approximately 200 feet                +2,183
                                          upstream of Luther
                                          Capell Lane.
Bat Fork Creek.........................  At the confluence with                +2,082  Unincorporated Areas of
                                          Mud Creek.                                    Henderson County, City
                                                                                of Hendersonville.
                                         Approximately 200 feet                +2,159
                                          upstream of U.S. 176.
Battle Creek...........................  At the downstream side of             +2,069  Unincorporated Areas of
                                          U.S. 64.                                      Henderson County.
                                         Approximately 0.4 mile                +2,082
                                          upstream of Battle Creek
                                          Road (State Road 1211).
Big Willow Creek.......................  Approximately 0.4 mile                +2,081  Unincorporated Areas of
                                          upstream of the                               Henderson County.
                                          confluence with French
                                          Broad River.
                                         At the confluence of                  +2,081
                                          South Fork Big Willow
                                          Creek and North Fork Big
                                          Willow Creek.
Big Willow Creek Tributary 1...........  Approximately 1,200 feet              +2,104  Unincorporated Areas of
                                          upstream of the                               Henderson County.
                                          confluence with Big
                                          Willow Creek.
                                         Approximately 40 feet                 +2,109
                                          upstream of Lakeshore
                                          Drive.
Boylston Creek.........................  Approximately 50 feet                 +2,072  Town of Mills River.
                                          downstream of Banner
                                          Farm Road.

                                         Approximately 230 feet                +2,190
                                          upstream of Turkey Pen
                                          Gap Road.
Boylston Creek Tributary 7.............  At the confluence with                +2,103  Unincorporated Areas of
                                          Boylston Creek.                               Henderson County, Town
                                                                                of Mills River.
                                         Approximately 1,090 feet              +2,128
                                          upstream of Cross Creek
                                          Court.
Britton Creek..........................  At the confluence with                +2,081  Unincorporated Areas of
                                          Mud Creek.                                    Henderson County, City
                                                                                of Hendersonville.
                                         Approximately 90 feet                 +2,284
                                          upstream of Mistletoe
                                          Trail.
Britton Creek Tributary 2..............  At the confluence with                +2,082  Unincorporated Areas of
                                          Britton Creek.                                Henderson County, City
                                                                                of Hendersonville.
                                         Approximately 150 feet                +2,154
                                          upstream of Stonebrook
                                          Drive (State Road 2050).
Broad River............................  At the Henderson/                     +1,411  Unincorporated Areas of
                                          Rutherford County                             Henderson County.
                                          boundary.
                                         At the Buncombe/Henderson             +1,719
                                          County boundary.
Cane Creek.............................  Approximately 100 feet                +2,062  Unincorporated Areas of
                                          upstream of I-26.                             Henderson County, Town
                                                                                of Fletcher.
                                         Approximately 800 feet                +2,094
                                          upstream of the
                                          Henderson/Buncombe
                                          County boundary.
Clear Creek............................  At the confluence with                +2,078  Unincorporated Areas of
                                          Mud Creek.                                    Henderson County.
                                         Approximately 1.0 mile                +2,171
                                          upstream of Apple Valley
                                          Road (State Road 1572).
Devils Fork............................  At the confluence with                +2,083  Unincorporated Areas of
                                          Bat Fork Creek.                               Henderson County, City
                                                                                of Hendersonville.
                                         At Old Dana Road (State               +2,135
                                          Road 1738).
Dunn Creek.............................  At the confluence with                +2,099  Unincorporated Areas of
                                          Bat Fork Creek.                               Henderson County, City
                                                                                of Hendersonville.
                                         Approximately 570 feet                +2,144
                                          upstream of Howard Gap
                                          Road (State Road 1006).
Featherstone Creek.....................  At the confluence with                +2,069  Unincorporated Areas of
                                          Mud Creek.                                    Henderson County.
                                         Approximately 240 feet                +2,253
                                          upstream of Locust Grove
                                          Road (State Road 1528).
Finley Creek...........................  At the confluence with                +2,131  Unincorporated Areas of
                                          Shepherd Creek.                               Henderson County.
                                         Approximately 1,980 feet              +2,146
                                          upstream of Old Kanuga
                                          Road (State Road 1138).
Gash Creek.............................  Approximately 400 feet                +2,081  Unincorporated Areas of
                                          downstream of Etowah                          Henderson County.
                                          School Road (State Road
                                          1205).
                                         Approximately 1,250 feet              +2,101
                                          upstream of U.S. 64.
Green River............................  At the Henderson/Polk                 +1,442  Unincorporated Areas of
                                          County boundary.                              Henderson County.
                                         Approximately 300 feet                +2,166
                                          upstream of Bear Paw
                                          Ridge Road.
Henderson Creek........................  At the confluence with                +2,118  Unincorporated Areas of
                                          Clear Creek.                                  Henderson County.
                                         Approximately 1,240 feet              +2,146
                                          upstream of Pace Road
                                          (State Road 1726).
Hickory Creek (near Gerton)............  At the confluence with                +1,483  Unincorporated Areas of
                                          Broad River.                                  Henderson County.
                                         Approximately 320 feet                +3,652
                                          upstream of Boulder Lane.
Higgins Branch.........................  At the confluence with                +2,062  Town of Fletcher.
                                          Kimsey Creek.
                                         Approximately 1,820 feet              +2,178
                                          upstream of Birkshire
                                          Way.
Hoopers Creek..........................  At the confluence with                +2,074  Unincorporated Areas of
                                          Cane Creek.                                   Henderson County, Town
                                                                                of Fletcher.
                                         Approximately 30 feet                 +2,181
                                          downstream of Lindsey
                                          Loop Road (State Road
                                          1571).
Kimsey Creek...........................  Approximately 50 feet                 +2,062  Unincorporated Areas of
                                          upstream of U.S. 74.                          Henderson County, Town
                                                                                of Fletcher.

                                         Approximately 1,880 feet              +2,155
                                          upstream of Kimzey Creek
                                          Drive.
King Creek.............................  At the confluence with                +2,084  Unincorporated Areas of
                                          Bat Fork Creek.                               Henderson County, City
                                                                                of Hendersonville,
                                                                                Village of Flat Rock.
                                         Approximately 0.5 mile                +2,178
                                          upstream of West Blue
                                          Ridge Road (State Road
                                          1812).
King Creek Tributary 3.................  At the confluence with                +2,099  Unincorporated Areas of
                                          King Creek.                                   Henderson County, City
                                                                                of Hendersonville,
                                                                                Village of Flat Rock.
                                         Approximately 210 feet                +2,171
                                          upstream of Rutledge
                                          Drive (State Road 1166).
Kyles Creek............................  At the confluence with                +2,118  Unincorporated Areas of
                                          Clear Creek.                                  Henderson County.
                                         Approximately 140 feet                +2,187
                                          downstream of Terrys Gap
                                          Road (State Road 1565).
Lanning Mill Creek.....................  At the confluence with                +2,176  Unincorporated Areas of
                                          Kyles Creek.                                  Henderson County.
                                         Approximately 800 feet                +2,187
                                          upstream of the
                                          confluence with Kyles
                                          Creek.
Lewis Creek............................  At the confluence with                +2,126  Unincorporated Areas of
                                          Clear Creek.                                  Henderson County.
                                         Approximately 80 feet                 +2,169
                                          downstream of Pilot
                                          Mountain Road (State
                                          Road 1783).
Little Willow Creek....................  At Pleasant Grove Road                +2,083  Unincorporated Areas of
                                          (State Road 1191).                            Henderson County.
                                         Approximately 1.6 miles               +2,113
                                          upstream of the
                                          confluence with French
                                          Broad River.
Mill Pond Creek........................  Approximately 175 feet                +2,075  Unincorporated Areas of
                                          upstream of Hysong Lane.                      Henderson County.
                                         Approximately 0.4 mile                +2,202
                                          upstream of Mountain
                                          Road (State Road 1381).
Mills River............................  Approximately 0.6 mile                +2,063  Town of Mills River.
                                          upstream of Hooper Lane
                                          (State Road 1353).
                                         At the confluence of                  +2,119
                                          North Fork Mills River
                                          and South Fork Mills
                                          River.
Mud Creek..............................  Approximately 1.4 miles               +2,062  Unincorporated Areas of
                                          upstream of the                               Henderson County, City
                                          confluence with French                        of Hendersonville, Town
                                          Broad River.                                  of Fletcher, Village of
                                                                                Flat Rock.
                                         Approximately 300 feet                +2,161
                                          upstream of Walnut Cove
                                          Road (State Road 1125).
North Fork Big Willow Creek............  At the confluence with                +2,081  Unincorporated Areas of
                                          Big Willow Creek.                             Henderson County.
                                         Approximately 0.5 mile                +2,099
                                          upstream of the
                                          confluence with Big
                                          Willow Creek.
North Fork Mills River.................  At the confluence with                +2,119  Unincorporated Areas of
                                          Mills River.                                  Henderson County, Town
                                                                                of Mills River.
                                         Approximately 1.3 miles               +2,259
                                          upstream of Rush Branch
                                          Road.
Perry Creek............................  At the confluence with                +2,131  Unincorporated Areas of
                                          Shepherd Creek.                               Henderson County.
                                         Approximately 1,530 feet              +2,147
                                          upstream of Price Road
                                          (State Road 1137).
Piney Branch...........................  At the confluence with                +2,082  Unincorporated Areas of
                                          South Fork Big Willow                         Henderson County.
                                          Creek.
                                         Approximately 0.8 mile                +2,218
                                          upstream of Big Willow
                                          Road (State Road 1191).
Reedypatch Creek.......................  At the confluence with                +1,461  Unincorporated Areas of
                                          Broad River.                                  Henderson County.
                                         Approximately 540 feet                +2,176
                                          upstream of Bald Rock
                                          Road (State Road 1710).
Rock Creek (into Green River)..........  At the confluence with                +2,067  Unincorporated Areas of
                                          Green River.                                  Henderson County.
                                         Approximately 0.5 mile                +2,103
                                          upstream of Green River
                                          Road (State Road 1106).

Shaw Creek.............................  At the downstream side of             +2,069  Unincorporated Areas of
                                          U.S. 64.                                      Henderson County.
                                         Approximately 1,400 feet              +2,122
                                          upstream of Turley Falls
                                          Road (State Road 1215).
Shepherd Creek.........................  At South Lakeside Drive               +2,126  Unincorporated Areas of
                                          (State Road 1148).                            Henderson County.
                                         At the confluence of                  +2,131
                                          Perry Creek and Finley
                                          Creek.
South Fork Big Willow Creek............  At the confluence with                +2,081  Unincorporated Areas of
                                          Big Willow Creek.                             Henderson County.
                                         Approximately 1,810 feet              +2,103
                                          upstream of Patterson
                                          Road (State Road 1194).
South Fork Mills River.................  At the confluence with                +2,119  Unincorporated Areas of
                                          Mills River.                                  Henderson County, Town
                                                                                of Mills River.
                                         Approximately 3.2 miles               +2,258
                                          upstream of Dalton Road
                                          (State Road 1340).
South Wash Creek.......................  At the confluence with                +2,153  Town of Laurel Park.
                                          Wash Creek.
                                         Approximately 50 feet                 +2,217
                                          downstream of Lake Drive.
Tonys Creek............................  At the confluence with                +2,126  Unincorporated Areas of
                                          Shepherd Creek.                               Henderson County, Town
                                                                                of Laurel Park.
                                         Approximately 0.5 mile                +2,201
                                          upstream of Willow Road
                                          (State Road 1171).
Wash Creek.............................  Approximately 400 feet                +2,091  Unincorporated Areas of
                                          upstream of the                               Henderson County, City
                                          confluence with Mud                           of Hendersonville, Town
                                          Creek.                                        of Laurel Park.
                                         Approximately 330 feet                +2,202
                                          upstream of Railroad.
Wolfpen Creek..........................  Approximately 500 feet                +2,091  Unincorporated Areas of
                                          upstream of the                               Henderson County, City
                                          confluence with Clear                         of Hendersonville.
                                          Creek.
                                         Approximately 90 feet                 +2,130
                                          upstream of Chestnut Gap
                                          Road (State Road 1742).
----------------------------------------------------------------------------------------------------------------

* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Hendersonville
Maps are available for inspection at Hendersonville City Hall, 145 Fifth Avenue East, Hendersonville, North
 Carolina.

Town of Fletcher
Maps are available for inspection at Fletcher Town Hall, 4005 Hendersonville Road, Fletcher, North Carolina.

Town of Laurel Park
Maps are available for inspection at Laurel Park Town Hall, 441 White Pine Drive, Laurel Park, North Carolina.

Town of Mills River
Maps are available for inspection at Mills River Town Hall, 5046 Boylston Highway, Suite 3, Mills River, North
 Carolina.

                                    Unincorporated Areas of Henderson County
Maps are available for inspection at Henderson County Administration Building, 100 North King Street,
 Hendersonville, North Carolina.

Village of Flat Rock
Maps are available for inspection at Flat Rock Village Hall, 110 Village Center Drive, Flat Rock, North
 Carolina.
----------------------------------------------------------------------------------------------------------------
                            McDowell County, North Carolina, and Incorporated Areas
                                             Docket No.: FEMA-D-7668
----------------------------------------------------------------------------------------------------------------
Alexander Branch.......................  At the confluence with                +1,137  Unincorporated Areas of
                                          South Muddy Creek.                            McDowell County.
                                         Approximately 0.8 mile                +1,174
                                          upstream of the
                                          confluence with South
                                          Muddy Creek.
Armstrong Creek........................  At the confluence with                +1,382  Unincorporated Areas of
                                          North Fork Catawba River.                     McDowell County.
                                         At the confluence of                  +1,959
                                          House Branch.
Bakers Creek...........................  At the confluence with                +1,026  Unincorporated Areas of
                                          Second Broad River.                           McDowell County.
                                         Approximately 1.3 miles               +1,153
                                          upstream of the Railroad.
Beaverdam Branch.......................  At the confluence with                +1,270  Unincorporated Areas of
                                          Second Broad River.                           McDowell County.
                                         Approximately 0.5 mile                +1,311
                                          upstream of State Route
                                          1148.

Betsy Creek............................  At the confluence with                +1,442  Unincorporated Areas of
                                          Tom Creek.                                    McDowell County.
                                         Approximately 300 feet                +1,461
                                          upstream of State Route
                                          1434.
Big Camp Creek.........................  At the confluence with                +1,134  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 370 feet                +1,197
                                          downstream of Interstate
                                          40.
Bobs Creek.............................  At the confluence with                +1,206  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 1,050 feet              +1,219
                                          upstream of State Route
                                          1796.
Boney Creek............................  At the confluence with                +1,137  Unincorporated Areas of
                                          Cove Creek.                                   McDowell County.
                                         Approximately 0.5 mile                +1,170
                                          upstream of State Route
                                          1143.
Bradley Creek..........................  At the confluence with                +1,420  Unincorporated Areas of
                                          Loom Branch.                                  McDowell County.
                                         Approximately 850 feet                +1,488
                                          upstream of State Route
                                          1133.
Brevard Creek..........................  At the confluence with                +1,342  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 1.4 miles               +1,472
                                          upstream of State Route
                                          1241.
Buck Creek.............................  At the confluence with                +1,246  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 0.5 mile                +1,883
                                          upstream of Sugar Cove
                                          Road.
Caleb Branch...........................  At the confluence with                +1,163  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 0.6 mile                +1,224
                                          upstream of State Route
                                          1760.
Camp Creek.............................  At the confluence with                +1,441  Unincorporated Areas of
                                          Crooked Creek.                                McDowell County.
                                         Approximately 0.6 mile                +1,535
                                          upstream of State Route
                                          1131.
Cane Creek (near Dysartsville).........  At the McDowell/                        +975  Unincorporated Areas of
                                          Rutherford County                             McDowell County.
                                          boundary.
                                         Approximately 0.4 mile                +1,044
                                          upstream of the
                                          confluence of Shoal
                                          Creek.
Cane Creek (near Greenlee).............  Approximately 500 feet                +1,292  Unincorporated Areas of
                                          upstream of the                               McDowell County.
                                          confluence with Catawba
                                          River.
                                         Approximately 250 feet                +1,454
                                          upstream of U.S. Highway
                                          70.
Cane Creek Tributary 1 (near             At the confluence with                +1,037  Unincorporated Areas of
 Dysartsville).                           Cane Creek (near                              McDowell County.
                                          Dysartsville).
                                         Approximately 1,680 feet              +1,064
                                          upstream of the
                                          confluence with Cane
                                          Creek (near
                                          Dysartsville).
Cane Creek Tributary 1 (near Greenlee).  At the confluence with                +1,332  Unincorporated Areas of
                                          Cane Creek (near                              McDowell County.
                                          Greenlee).
                                         Approximately 1,600 feet              +1,359
                                          upstream of State Route
                                          1230.
Cane Creek Tributary 2 (near Greenlee).  At the confluence with                +1,418  Unincorporated Areas of
                                          Cane Creek (near                              McDowell County.
                                          Greenlee).
                                         Approximately 0.3 mile                +1,458
                                          upstream of the
                                          confluence with Cane
                                          Creek (near Greenlee).
Catawba River..........................  At the Burke/McDowell                 +1,206  Unincorporated Areas of
                                          County boundary.                              McDowell County, City of
                                                                                Marion, Town of Old
                                                                                Fort.
                                         Approximately 1.6 miles               +1,832
                                          upstream of the
                                          confluence of Left Prong
                                          Catawba River.
Catawba River Tributary 3..............  At the confluence with                +1,269  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 0.4 mile                +1,281
                                          upstream of the
                                          confluence with Catawba
                                          River.
Clarks Branch..........................  At the confluence with                +1,476  Unincorporated Areas of
                                          Little Crooked Creek.                         McDowell County.
                                         Approximately 0.4 mile                +1,504
                                          upstream of State Route
                                          1106.
Clear Creek............................  At the confluence with                +1,267  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 0.6 mile                +1,285
                                          upstream of the
                                          confluence with Catawba
                                          River.
Conley Branch..........................  At the confluence with                +1,402  Unincorporated Areas of
                                          North Fork Catawba River.                     McDowell County.
                                         Approximately 1,850 feet              +1,441
                                          upstream of the
                                          confluence with Conley
                                          Branch Tributary 1.
Conley Branch Tributary 1..............  At the confluence with                +1,419  Unincorporated Areas of
                                          Conley Branch.                                McDowell County.

                                         Approximately 0.4 mile                +1,443
                                          upstream of the
                                          confluence with Conley
                                          Branch.
Cove Creek.............................  Approximately 400 feet                +1,128  Unincorporated Areas of
                                          downstream of McDowell/                       McDowell County.
                                          Rutherford County
                                          boundary.
                                         At the confluences of                 +1,196
                                          West Fork Cove Creek and
                                          Morgan Creek (near Sugar
                                          Hill).
Cox Creek..............................  At the confluence with                +1,418  Unincorporated Areas of
                                          Armstrong Creek.                              McDowell County.
                                         Approximately 250 feet                +1,528
                                          upstream of the
                                          confluence of Rag Creek.
Crooked Creek..........................  At the confluence with                +1,321  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 620 feet                +1,845
                                          upstream of State Route
                                          1100.
Curtis Creek...........................  At the confluence with                +1,375  Unincorporated Areas of
                                          Catawba River.                                McDowell County, Town of
                                                                                Old Fort.
                                         Approximately 1,850 feet              +1,926
                                          upstream of the
                                          confluence of Hickory
                                          Branch.
Dales Creek............................  At the confluence with                +1,206  Unincorporated Areas of
                                          Catawba River/Lake James.                     McDowell County.
                                         Approximately 1.0 mile                +1,386
                                          upstream of State Route
                                          1552.
Frasheur Creek.........................  At the McDowell/                      +1,152  Unincorporated Areas of
                                          Rutherford County                             McDowell County.
                                          boundary.
                                         Approximately 0.7 mile                +1,223
                                          upstream of State Route
                                          1140.
Glades Creek...........................  At the confluence with                +1,300  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 400 feet                +1,450
                                          upstream of State Route
                                          1161.
Goose Creek............................  At the confluence with                +1,227  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 0.6 mile                +1,306
                                          upstream of State Route
                                          147.
Greasy Creek...........................  Approximately 400 feet                +1,148  Unincorporated Areas of
                                          downstream of County                          McDowell County.
                                          boundary.
                                         Approximately 0.5 mile                +1,198
                                          upstream of State Route
                                          1142.
Harris Creek (near Sugar Hill).........  At the confluence with                +1,132  Unincorporated Areas of
                                          Cove Creek.                                   McDowell County.
                                         Approximately 1,400 feet              +1,168
                                          upstream of State Route
                                          1140.
Harris Creek (near Woodlawn)...........  At the confluence with                +1,606  Unincorporated Areas of
                                          Tom Creek.                                    McDowell County.
                                         Approximately 850 feet                +1,636
                                          upstream of the
                                          confluence with Tom
                                          Creek.
Haw Branch.............................  At the confluence with                +1,379  Unincorporated Areas of
                                          Crooked Creek.                                McDowell County.
                                         Approximately 1,600 feet              +1,432
                                          upstream of State Route
                                          1135.
Hicks Branch...........................  At the confluence with                +1,254  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 1,800 feet              +1,322
                                          upstream of State Route
                                          1168.
High Shoals Creek......................  At the confluence with                +1,218  Unincorporated Areas of
                                          South Muddy Creek.                            McDowell County.
                                         Approximately 200 feet                +1,225
                                          upstream of the
                                          confluence of Barnes
                                          Branch.
Honeycutt Creek........................  At the confluence with                +1,487  Unincorporated Areas of
                                          North Fork Catawba River.                     McDowell County.
                                         Approximately 340 feet                +1,854
                                          downstream of the
                                          Railroad.
Hoppers Creek..........................  At the confluence with                +1,118  Unincorporated Areas of
                                          South Muddy Creek.                            McDowell County.
                                         Approximately 1.7 miles               +1,201
                                          upstream of State
                                          Highway 226.
Jackson Creek..........................  At the confluence with                +1,492  Unincorporated Areas of
                                          Lytle Branch.                                 McDowell County.
                                         Approximately 0.4 mile                +1,534
                                          upstream of the
                                          confluence with Lytle
                                          Branch.
Jake Creek.............................  At the upstream side of               +1,283  Unincorporated Areas of
                                          the Railroad.                                 McDowell County.
                                         Approximately 0.5 mile                +1,346
                                          upstream of State Route
                                          1247.
Jarrett Creek..........................  At the confluence with                +1,474  Unincorporated Areas of
                                          Mill Creek.                                   McDowell County.
                                         Approximately 2.6 miles               +1,791
                                          upstream of the
                                          confluence with Mill
                                          Creek.

Johns Creek............................  At the confluence with                +1,214  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 1,600 feet              +1,228
                                          upstream of State Route
                                          1501.
Katy Creek.............................  At the confluence with                +1,150  Unincorporated Areas of
                                          South Muddy Creek.                            McDowell County.
                                         Approximately 1,100 feet              +1,252
                                          upstream of State Route
                                          1798.
Left Prong Catawba River...............  At the confluence with                +1,527  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 2.0 miles               +1,739
                                          upstream of the
                                          confluence with Catawba
                                          River.
Licklog Creek..........................  At the confluence with                +1,777  Unincorporated Areas of
                                          Buck Creek.                                   McDowell County.
                                         Approximately 1.3 miles               +2,064
                                          upstream of the
                                          confluence with Buck
                                          Creek.
Little Buck Creek......................  At the confluence with                +1,407  Unincorporated Areas of
                                          Buck Creek/Lake Tahoma.                       McDowell County.
                                         Approximately 200 feet                +1,512
                                          downstream of the
                                          confluence of Long
                                          Branch.
Little Crooked Creek...................  At the confluence with                +1,450  Unincorporated Areas of
                                          Crooked Creek.                                McDowell County.
                                         Approximately 100 feet                +1,536
                                          downstream of State
                                          Route 1106.
Little Crooked Creek Tributary 1.......  At the confluence with                +1,461  Unincorporated Areas of
                                          Little Crooked Creek.                         McDowell County.
                                         Approximately 1,470 feet              +1,469
                                          upstream of the
                                          confluence with Little
                                          Crooked Creek.
Little Toe River.......................  At the confluence with                +1,388  Unincorporated Areas of
                                          Crooked Creek.                                McDowell County.
                                         Approximately 25 feet                 +1,478
                                          upstream of State Route
                                          1240.
Lonan Branch...........................  At the confluence with                +1,536  Unincorporated Areas of
                                          Pepper Creek.                                 McDowell County.
                                         Approximately 1,500 feet              +1,581
                                          upstream of the
                                          confluence with Pepper
                                          Creek.
Long Branch............................  At the confluence with                +1,816  Unincorporated Areas of
                                          Mill Creek.                                   McDowell County.
                                         Approximately 0.4 mile                +1,953
                                          upstream of the Railroad.
Loom Branch............................  At the confluence with                +1,415  Unincorporated Areas of
                                          Crooked Creek.                                McDowell County.
                                         Approximately 0.8 mile                +1,488
                                          upstream of the
                                          confluence of Bradley
                                          Creek.
Lytle Branch...........................  At the confluence with                +1,487  Unincorporated Areas of
                                          Crooked Creek.                                McDowell County.
                                         Approximately 1,100 feet              +1,525
                                          upstream of State Route
                                          1103.
Mackey Creek...........................  At the confluence with                +1,284  Unincorporated Areas of
                                          the Catawba River.                            McDowell County.
                                         Approximately 2.8 miles               +1,721
                                          upstream of U.S. Highway
                                          70.
Magazine Branch........................  At the confluence with                +1,145  Unincorporated Areas of
                                          Hoppers Creek.                                McDowell County.
                                         Approximately 200 feet                +1,162
                                          downstream of State
                                          Route 1771.
Martin Branch..........................  At the confluence with                +1,435  Unincorporated Areas of
                                          North Fork Catawba River.                     McDowell County.
                                         Approximately 350 feet                +1,469
                                          upstream of State Route
                                          1564.
Mill Creek.............................  Approximately 200 feet                +1,410  Unincorporated Areas of
                                          upstream of the                               McDowell County, Town of
                                          confluence with Catawba                       Old Fort.
                                          River.
                                         Approximately 300 feet                +1,874
                                          downstream of State
                                          Route 1408.
Mollys Branch..........................  At the confluence with                +1,129  Unincorporated Areas of
                                          Hoppers Creek.                                McDowell County.
                                         Approximately 0.6 mile                +1,170
                                          upstream of State Route
                                          1769.
Morgan Creek (near Ledbetter Mountain).  At the confluence with                +1,173  Unincorporated Areas of
                                          Cove Creek.                                   McDowell County.
                                         Approximately 1,270 feet              +1,180
                                          upstream of the
                                          confluence with Cove
                                          Creek.
Morgan Creek (near Sugar Hill).........  At the confluence with                +1,196  Unincorporated Areas of
                                          Cove Creek and West Fork                      McDowell County.
                                          Cove Creek.
                                         Approximately 0.8 mile                +1,217
                                          upstream of the
                                          confluence with Cove
                                          Creek and West Fork Cove
                                          Creek.
Muddy Creek............................  Approximately 400 feet                +1,087  Unincorporated Areas of
                                          downstream of the Burke/                      McDowell County.
                                          McDowell County boundary.

                                         At the confluences of                 +1,089
                                          North Muddy Creek and
                                          South Muddy Creek.
Newberry Creek.........................  At the confluence with                +1,670  Unincorporated Areas of
                                          Curtis Creek.                                 McDowell County.
                                         Approximately 1.3 miles               +1,923
                                          upstream of the
                                          confluence with Curtis
                                          Creek.
Nicks Creek............................  At the confluence with                +1,240  Unincorporated Areas of
                                          Catawba River.                                McDowell County, City of
                                                                                Marion.
                                         Approximately 0.5 mile                +1,447
                                          upstream of State Route
                                          1250.
North Fork Catawba River...............  At the confluence with                +1,206  Unincorporated Areas of
                                          Catawba River/Lake James.                     McDowell County.
                                         Approximately 1.9 miles               +2,506
                                          upstream of State Route
                                          1571.
North Muddy Creek......................  At the confluence with                +1,089  Unincorporated Areas of
                                          Muddy Creek and South                         McDowell County.
                                          Muddy Creek.
                                         Approximately 1.1 miles               +1,326
                                          upstream of the
                                          confluence of North
                                          Muddy Creek Tributary 2.
North Muddy Creek Tributary 2..........  At the confluence with                +1,297  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 1.0 mile                +1,327
                                          upstream of State Route
                                          1168.
North Muddy Creek Tributary 1..........  At the confluence with                +1,094  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 1,000 feet              +1,132
                                          upstream of State Route
                                          1763.
Old Catawba River......................  At the confluence of                  +1,091  Unincorporated Areas of
                                          Shadrick Creek.                               McDowell County.
                                         Approximately 500 feet                +1,091
                                          upstream of the
                                          confluence of Shadrick
                                          Creek.
Patten Branch..........................  At the confluence with                +1,101  Unincorporated Areas of
                                          South Muddy Creek.                            McDowell County.
                                         Approximately 0.6 mile                +1,142
                                          upstream of State Route
                                          1763.
Pepper Creek...........................  At the confluence with                +1,446  Unincorporated Areas of
                                          North Fork Catawba River.                     McDowell County.
                                         Approximately 0.6 mile                +1,674
                                          upstream of State Route
                                          1566.
Rock Creek.............................  At the confluence with                +1,290  Unincorporated Areas of
                                          Second Broad River.                           McDowell County.
                                         At the downstream side of             +1,365
                                          State Route 1145.
Second Broad River.....................  At the McDowell/                        +990  Unincorporated Areas of
                                          Rutherford County                             McDowell County.
                                          boundary.
                                         Approximately 0.8 mile                +1,369
                                          upstream of State Route
                                          1001.
Shadrick Creek.........................  At the confluence with                +1,091  Unincorporated Areas of
                                          Old Catawba River.                            McDowell County.
                                         Approximately 2.1 miles               +1,194
                                          upstream of the Railroad.
Shoal Creek............................  At the confluence with                +1,028  Unincorporated Areas of
                                          Cane Creek (near                              McDowell County.
                                          Dysartsville).
                                         Approximately 1.2 miles               +1,345
                                          upstream of State Route
                                          1775.
South Fork Tom Creek...................  At the confluence with                +1,456  Unincorporated Areas of
                                          Tom Creek.                                    McDowell County.
                                         Approximately 0.3 mile                +1,489
                                          upstream of the
                                          confluence with Tom
                                          Creek.
South Muddy Creek......................  At the confluence with                +1,089  Unincorporated Areas of
                                          Muddy Creek and North                         McDowell County.
                                          Muddy Creek.
                                         Approximately 0.7 mile                +1,331
                                          upstream of State Route
                                          1780.
South Muddy Creek Tributary 1..........  At the confluence with                +1,107  Unincorporated Areas of
                                          South Muddy Creek.                            McDowell County.
                                         At the Burke/McDowell                 +1,124
                                          County boundary.
South Muddy Creek Tributary 2..........  At the confluence with                +1,123  Unincorporated Areas of
                                          South Muddy Creek.                            McDowell County.
                                         Approximately 600 feet                +1,143
                                          upstream of State Route
                                          1767.
Stanfords Creek........................  At the confluence with                +1,239  Unincorporated Areas of
                                          Goose Creek.                                  McDowell County.
                                         Approximately 2.1 miles               +1,346
                                          upstream of the
                                          confluence with Goose
                                          Creek.
Swannanoa Creek........................  At the confluence with                +1,603  Unincorporated Areas of
                                          Mill Creek.                                   McDowell County.
                                         Approximately 0.7 mile                +1,702
                                          upstream of the
                                          confluence with Mill
                                          Creek.
Thompsons Fork.........................  At the confluence with                +1,101  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 200 feet                +1,181
                                          downstream of State
                                          Route 1747.

Tom Creek..............................  At the confluence with                +1,229  Unincorporated Areas of
                                          Catawba River.                                McDowell County.
                                         Approximately 280 feet                +1,637
                                          upstream of State Route
                                          1440.
Tom Creek Tributary 1..................  At the confluence with                +1,418  Unincorporated Areas of
                                          Tom Creek.                                    McDowell County.
                                         Approximately 1,300 feet              +1,488
                                          upstream of State Route
                                          1433.
Walton Crowley Branch..................  At the confluence with                +1,119  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County.
                                         Approximately 1,230 feet              +1,139
                                          upstream of State Route
                                          1760.
West Fork Cove Creek...................  At the confluence with                +1,197  Unincorporated Areas of
                                          Cove Creek and Morgan                         McDowell County.
                                          Creek (near Sugar Hill).
                                         Approximately 1.3 miles               +1,259
                                          upstream of State Route
                                          1001.
Youngs Fork............................  At the confluence with                +1,205  Unincorporated Areas of
                                          North Muddy Creek.                            McDowell County, City of
                                                                                Marion.
                                         Approximately 125 feet           +1,327 HELP
                                          downstream of Glenview
                                          Street.
----------------------------------------------------------------------------------------------------------------

* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Marion
Maps available for inspection at the Marion City Hall, 194 North Main Street, Marion, North Carolina.

Town of Old Fort
Maps available for inspection at the Old Fort Town Hall, 38 South Catawba Avenue, Old Fort, North Carolina.

                                     Unincorporated Areas of McDowell County
Maps available for inspection at the McDowell County Administration Building, 60 East Court Street, Marion,
 North Carolina.
----------------------------------------------------------------------------------------------------------------

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

    Dated: April 18, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
 [FR Doc. E8-9225 Filed 4-28-08; 8:45 am]

BILLING CODE 9110-12-P


Placeholder: confidential business information item

Honeywell Follow Up to 3-08

For more information please contact Ross Brennan by phone at
202-343-9226 or by email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>


[Federal Register: April 26, 2006 (Volume 71, Number 80)]
[Notices]
[Page 24683-24685]
[DOCID:fr26ap06-74]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0328; FRL-8061-1]

Chlorine Dioxide Draft Risk Assessments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's risk
assessments, preliminary risk reduction options, and related documents
for the pesticides chlorine dioxide, sodium chlorite and sodium
chlorate (antimicrobial uses), and opens a public comment period on
these documents. The public also is encouraged to suggest risk
management ideas or proposals to address the risks identified. EPA is
developing a Reregistration Eligibility Decision (RED) for chlorine
dioxide through a modified, 4-Phase public participation process that
the Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

DATES: Comments must be received on or before June 26, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0328 , by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502C), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPP Regulatory Public Docket, Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA. Deliveries are only accepted during the Docket's normal
hours of operation (8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays). Special arrangements should be made for
deliveries of boxed information. The

Docket telephone number is<PHONE_NUMBER>.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Regulatory Public Docket telephone number and hours of operation
will remain the same after the move.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0328 . EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

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

if only available in hard copy, at the OPP Regulatory Public Docket at
the location identified under ``Delivery'' and ``Important Note.'' The
hours of operation for this docket facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: ShaRon Carlisle, Antimicrobials
Division (7510C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for chlorine dioxide and encouraging the public to suggest risk
management ideas or proposals. Chlorine dioxide, sodium chlorite and
sodium chlorate are active ingredients in numerous products used in the
control of bacteria, fungi and algal slimes. In addition, it is used to
disinfect drinking water and as a microbiocide in cooling tower waters.
EPA developed the risk assessments for chlorine dioxide through a
modified version of its public process for making pesticide
reregistration eligibility and tolerance reassessment decisions.
Through these programs, EPA is ensuring that pesticides meet current
standards under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).
    At this time, products containing chlorine dioxide and sodium
chlorite are intended for agricultural, commercial, industrial, medical
and residential use. The agricultural premises and equipment uses
include the disinfection of hard surfaces and equipment (such as
hatching facilities

and mushroom houses) and water systems (such as chiller water and
humidification water in poultry houses). Commercial, industrial, and
medical uses include disinfection of hard surfaces (e.g., floors,
walls, and laboratory equipment), human drinking and industrial cooling
water systems, pulp/paper mills, and food rinses. Residential uses
include disinfection of swimming pools, hard surfaces (e.g., floors,
bathrooms), heating ventilating and air-conditioning systems, and pool
and spa water circulation system treatments. In addition, there is a
continuous release gas product (sachet) for the home to control odors.
    The Agency's risk assessments for chlorine dioxide identified
dietary, residential and occupational risks of concern for some
exposure scenarios. Because limited information is available for some
exposure scenarios, conservative assumptions were sometimes used in the
risk assessment. The Agency is interested in receiving any information
that could assist in refining the risk assessment.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessment for chlorine dioxide. Such comments and input could address,
for example, the availability of additional data to further refine the
risk assessments, or could address the Agency's risk assessment
methodologies and assumptions as applied to this specific pesticide.
Through this notice, EPA is providing an opportunity for interested
parties to provide risk management proposals.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to chlorine dioxide compared to
the general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register of May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For chlorine dioxide, a modified, 4-Phase process with one
comment period and ample opportunity for public consultation seems
appropriate in view of its refined risk assessments, few complex
issues, and/or other factors. However, if as a result of comments
received during this comment period EPA finds that additional issues
warranting further discussion are raised, the Agency may lengthen the
process and include a second comment period, as needed.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for chlorine dioxide. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in
product-specific data on individual end-use products and either
reregistering products or taking other ``appropriate regulatory
action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 19, 2006.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E6-6304 Filed 4-25-06; 8:45 am]

BILLING CODE 6560-50-S


Straightforward Complex Department of Defense Determinations* 162.0 Department of Defense Determinations 4.5 Management Technical Clerical Management Technical Clerical 1) Become familiar with the conformity processes 2.4 6.6 1) Become familiar with the conformity processes 16 40 2) Determine applicability 3.3 5.1 2) Determine applicability 60 200 3) Consult with EPA, State and local air agencies, and MPO 2.0 5.2 3) Consult with EPA, State and local air agencies, and MPO 20 40 4) Collect data from MPO and from State or local air agency 6.1 4) Collect data from MPO and from State or local air agency 8 20 5) Perfrom air quality analysis 11.6 52.9 10.7 5) Perfrom air quality analysis 100 500 20 6) Perform mitigation analysis 40 100 7) Negotiate mitigation analysis 100 100 6) Prepare draft determination 8) Prepare draft determination 60 400 40 7) Prepare notice of draft determination 9) Prepare notice of draft determination 16 40 20 8) Receive and consider comments 10) Receive and consider comments 20 60 20 9) Prepare final determination 11) Prepare final determination 60 100 20 Subtotal  hours per respondent 19.3 75.9 10.7 Subtotal  hours per respondent 500 1600 120 Total Hours  DOD 3,132 12,294 1,728 Total Hours  DOD 2,250 7,200 540 Straightforward Complex USDA Forest Service Determinations 0.0 USDA Forest Service Determinations 0.0 Management Technical Clerical Management Technical Clerical 1) Become familiar with the conformity processes 4 8 0 1) Become familiar with the conformity processes 4 8 0 2) Determine applicability 0 8 2 2) Determine applicability 0 8 2 3) Consult with EPA, State and local air agencies, and MPO 16 64 2 3) Consult with EPA, State and local air agencies, and MPO 32 64 0 4) Collect data from MPO and from State or local air agency 16 32 0 4) Collect data from MPO and from State or local air agency 32 16 0 5) Perfrom air quality analysis 16 64 0 5) Perfrom air quality analysis 64 64 24 6) Perform mitigation analysis 64 32 8 7) Negotiate mitigation analysis 32 64 0 6) Prepare draft determination 8 32 8 8) Prepare draft determination 32 64 16 7) Prepare notice of draft determination 2 2 4 9) Prepare notice of draft determination 2 2 4 8) Receive and consider comments 4 16 8 10) Receive and consider comments 8 32 8 9) Prepare final determination 4 8 4 11) Prepare final determination 4 8 4 Subtotal  hours per respondent 70 234 28 Subtotal  hours per respondent 274 362 66 Total Hours  USDA FS 0 0 0T otal Hours  USDA FS 0 0 0 Straightforward Complex Bureau of Land Management Determinations 10.0 Bureau of Land Management Determinations 3.0 Management Technical Clerical Management Technical Clerical 1) Become familiar with the conformity processes 1 1 0.25 1) Become familiar with the conformity processes 1.00 1.00 0.25 2) Determine applicability 2 2) Determine applicability 1.00 2.00 3) Consult with EPA, State and local air agencies, and MPO 1 3) Consult with EPA, State and local air agencies, and MPO 2.00 4) Collect data from MPO and from State or local air agency 2 4) Collect data from MPO and from State or local air agency 3.00 5) Perfrom air quality analysis 16 5) Perfrom air quality analysis 40.00 6) Perform mitigation analysis 4.00 7) Negotiate mitigation analysis 1.00 4.00 6) Prepare draft determination 0.00 2.00 0.25 8) Prepare draft determination 0.00 2.00 0.50 7) Prepare notice of draft determination 1.00 1.00 0.50 9) Prepare notice of draft determination 1.00 1.00 0.50 8) Receive and consider comments 2.00 4.00 0.00 10) Receive and consider comments 4.00 8.00 0.00 9) Prepare final determination 1.00 2.00 0.50 11) Prepare final determination 1.00 4.00 1.00 Subtotal  hours per determination 5.00 31.00 1.50 Subtotal  hours per respondent 9.00 71.00 2.25 Total Hours  BLM 50.00 310.00 15.00 Total Hours  BLM 27.00 213.00 6.75 Total Hours Spent by Federal Agency on GC Determinations 3182 12604 1743 Total Hours Spent by Federal Agency on GC Determinations 2277 7413 547 Weighted Avg. Hrs/ Determination ** 18.5 73.3 10.1 Weighted Avg. Hrs/ Determination* 304 988 73 * The 162 DOD respondents includes the 36 preliminary ( complex) assessments and the 126 straightforward assessments. Values are a weighted average. Exhibit 1. Straightforward Conformity Determination Exhibit 2. Complex Conformity Determination Total Annual Respondent Burdens Total Annual Respondent Burdens ** Weighted Average is based on burden estimates provided by DOD, BLM and USDA FS.

1 of 5 Labor Cost*** $ 62.52 $ 33.79 $ 20.25 Labor Cost*** $ 62.52 $ 33.79 $ 20.25 Estimated Number of Determinations **** 191 191 191 Estimated Number of Determinations **** 8 8 8 Total Hours 3,536 14,004 1,937 Total Hours 2,530 8,237 608 Total Federal Agency Hours for All Labor Types 19,477 Total Federal Agency Hours for All Labor Types 11,374 Total Cost per Labor Type $ 221,043 $ 473,210 $ 39,218 Total Cost per Labor Type $ 158,176 $ 278,317 $ 12,302 Total Federal Agency Cost for All Labor Types $ 733,471 Total Federal Agency Cost for All Labor Types $ 448,794 Total Hours for both Straightforward and Complex Determinations 30,851 Total Cost for both Straightforward and Complex determinations $ 1,182,265 Agency # Straigtforward Determinations # Complex Determinations DoD 162 4.5 USDAFS 0 0 BLM 10 3 Total # of Determinations 172.0 7.5 Estimated # of Deter**** 191.1 8.3 Exhibit 3. Basis for Estimating Non Federal Respondent Burden Labor Rate $ 63.33 Fraction of Burden Complex 0.38 Fraction of Burden Straightforward 0.62 Total Hours 9,000 Total Cost $ 569,970.00 Exhibit 4. Summary of Respondent Burden Straightforward Complex Total Federal Agency Hours 19,477 11,374 30,851 Non Federal Agency Hours 5,584 3,416 9,000 Total Respondent Hours 25,060 14,791 39,851 Federal Agency Cost $ 733,471 $ 448,794 $ 1,182,265 Non Federal Agency Cost $ 353,606 $ 216,364 $ 569,970 Total Respondent Cost $ 1,087,077 $ 665,158 $ 1,752,235 *** Derived from 2005 GS Annual Salary **** The estimated number of determinations is based on data provided by the DOD, BLM, and USDA FS. It is assumed that these agencies represent 90% of the general conformity determinations 2 of 5 Straightforward Complex EPA Region 10 Determinations 1.7 EPA Region 10 Determinations 0.7 Management Technical Clerical Management Technical Clerical 1) Become familiar with the conformity processes 1) Become familiar with the conformity processes 4 2) Determine applicability 4 2) Determine applicability 8 3) Consult with EPA, State and local air agencies, and MPO 2 3) Consult with EPA, State and local air agencies, and MPO 1 6 4) Collect data from MPO and from State or local air agency 4 4) Collect data from MPO and from State or local air agency 5) Perfom air quality analysis 5) Perfom air quality analysis 24 6) Perform mitigation analysis 4 7) Negotiate mitigation analysis 6) Prepare draft determination 8) Prepare draft determination 4 7) Prepare notice of draft determination 9) Prepare notice of draft determination 10) Receive and consider comments 4 10) Receive and consider comments 1 6 8) Prepare final determination 2 11) Prepare final determination 2 Subtotal  hours per respondent 16 Subtotal  hours per respondent 2 58 Total Hours Region 10 0 27 0 Total Hours Region 10 1 39 0 Straightforward Complex EPA Region 9 Determinations 8.0 EPA Region 9 Determinations 6.0 Management Technical Clerical Management Technical Clerical 1) Become familiar with the conformity processes 1) Become familiar with the conformity processes 2) Determine applicability 2) Determine applicability 3) Consult with EPA, State and local air agencies, and MPO 3) Consult with EPA, State and local air agencies, and MPO 4) Collect data from MPO and from State or local air agency 4) Collect data from MPO and from State or local air agency 5) Perfom air quality analysis 5) Perfom air quality analysis 6) Perform mitigation analysis 7) Negotiate mitigation analysis 6) Prepare draft determination 8) Prepare draft determination 7) Prepare notice of draft determination 9) Prepare notice of draft determination 10) Receive and consider comments 10) Receive and consider comments 8) Prepare final determination 11) Prepare final determination Subtotal  hours per respondent 6 0 Subtotal  hours per respondent 12 0 Total Hours Region 9 48 0 0 Total Hours Region 9 72 0 0 Total Hours Region 9 and 10 48 27 0 Total Hours Region 9 and 10 73 39 0 Weighted Avg. Hr/ Determination 5.0 2.8 0.0 Weighted Avg. Hr/ Determination 11.0 5.8 0.0 EPA Regional Agency Burden Summary Labor Cost $ 62.52 $ 33.79 $ 20.25 Labor Cost $ 62.52 $ 33.79 $ 20.25 Number of Determinations* 96 96 96 Number of Determinations* 8 8 8 Total Hours 474 264 0 Total Hours 92 48 0 Total Hours for All Labor Types 738 Total Hours for All Labor Types 140 Total Cost per Labor Type $ 29,665 $ 8,907 $ 0 Total Cost per Labor Type $ 5,731 $ 1,633 $ 0 Total Cost for All Labor Types $ 38,572 Total Cost for All Labor Types $ 7,364 Total Hours for both Straightforward and Complex Determinations 878 Total Cost for both Straightforward and Complex determinations $ 45,936 * Assuming EPA participated in all complex determinations and 50% of straightforward determinations Exhibit 5. Straightforward Conformity Determination Exhibit 6. Complex Conformity Determination Total Annual Agency Burdens Total Annual Agency Burdens 3 of 5 Exhibit 7. State and Local Agency Burden Summary Labor Cost $ 62.52 $ 33.79 $ 20.25 Labor Cost $ 62.52 $ 33.79 $ 20.25 Number of Determinations** 38 38 38 Number of Determinations** 8 8 8 Total Hours 190 105 0 Total Hours 92 48 0 Total Hours for All Labor Types 295 Total Hours for All Labor Types 140 Total Cost per Labor Type $ 11,866 $ 3,563 $ 0 Total Cost per Labor Type $ 5,731 $ 1,633 $ 0 Total Cost for All Labor Types $ 15,429 Total Cost for All Labor Types $ 7,364 Total Hours for both Straightforward and Complex Determinations 435 Total Cost for both Straightforward and Complex determinations $ 22,793 4 of 5 Exhibit 8a Summary of Total Annual Respondent + Burdens and Costs for 2005 Hours Cost Federal Agencies 30,851 $ 1,182,265 Non Federal Agencies 9,000 $ 569,970 EPA Region Agencies 878 $ 45,936 State and Local Agencies 435 $ 22,793 Grand Total 41,164 $ 1,820,964 Exhibit 8b Summary of Total Annual Burdens and Costs for 3 year period Hours Cost Federal Agencies 92,553 $ 3,546,795 Non Federal Agencies 27,000 $ 1,709,910 EPA Region Agencies 2,634 $ 137,808 State and Local Agencies 1,306 $ 68,379 Grand Total 123,492 $ 5,462,892 5 of 5


[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Page 50434]
[FR Doc No: 2013-20081]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2013-0021; OMB No. 1660-0115]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before September 18, 2013.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Environmental and Historic Preservation Screening Form.
    OMB Number: 1660-0115.
    Type of information collection: Revision of a currently approved
information collection.
    Form Titles and Numbers: FEMA Form 024-0-1, Environmental and
Historic Preservation Screening Form.
    Abstract: NEPA requires that each Federal agency to examine the
impact of its actions (including the actions of grantees using grant
funds) on the human environment, to look at potential alternatives to
that action, and to inform both decision-makers and the public of those
impacts through a transparent process. This Screening Form will
facilitate FEMA's review of grantees actions in FEMA's effort to comply
with the environmental requirements.
    Affected Public: State, Local or Tribal Government; Not-for-Profit
Institutions.
    Estimated Number of Respondents: 3,000.
    Estimated Total Annual Burden Hours: 24,000 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $1,010,400.00. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$5,394,630.00.

    Dated: August 12, 2013.
Loretta Cassatt,
Chief, Records Branch, Records Management Division, Mission Support
Bureau, Federal Emergency Management Agency, Department of Homeland
Security.
[FR Doc. 2013-20081 Filed 8-16-13; 8:45 am]
BILLING CODE 9111-19-P