[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59400-59403]
[FR Doc No: 2018-25551]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1863]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The LOMR will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

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

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

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                                                         Chief executive                          Online location of
        State and county           Location and  case       officer of         Community map        letter of map     Date of  modification   Community
                                          No.               community            repository            revision                                  No.
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Colorado:

    Denver......................  City and County of   The Honorable        Department of        https://             Jan. 11, 2019........       080046
                                   Denver (18-08-       Michael Hancock,     Public Works, 201    msc.fema.gov/
                                   1060P).              Mayor, City and      West Colfax          portal/
                                                        County of Denver,    Avenue, Denver, CO   advanceSearch.
                                                        1437 Bannock         80202.
                                                        Street, Room 350,
                                                        Denver, CO 80202.
    Denver......................  City of Fountain     The Honorable        Pikes Peak Regional  https://             Jan. 15, 2019........       080061
                                   (17-08-0467P).       Gabriel Ortega,      Development          msc.fema.gov/
                                                        Mayor, City of       Center, 2880         portal/
                                                        Fountain, 116        International        advanceSearch.
                                                        South Main Street,   Circle, Colorado
                                                        Fountain, CO 80817.  Springs, CO 80910.
    El Paso.....................  Unincorporated       The Honorable        Pikes Peak Regional  https://             Jan. 15, 2019........       080059
                                   areas of El Paso     Darryl Glenn,        Development          msc.fema.gov/
                                   County (17-08-       President, El Paso   Center, 2880         portal/
                                   0467P).              County Board of      International        advanceSearch.
                                                        Commissioners, 200   Circle, Colorado
                                                        South Cascade        Springs, CO 80910.
                                                        Avenue, Suite 100,
                                                        Colorado Springs,
                                                        CO 80903.
Connecticut:
    New Haven...................  City of New Haven    The Honorable Toni   Planning             https://             Jan. 18, 2019........       090084
                                   (18-01-1588P).       N. Harp, Mayor,      Department, 165      msc.fema.gov/
                                                        City of New Haven,   Church Street, 5th   portal/
                                                        165 Church Street,   Floor, New Haven,    advanceSearch.
                                                        New Haven, CT        CT 06510.
                                                        06510.
    Tolland.....................  Town of Mansfield    Mr. Derrik M.        Town Hall, 4 South   https://             Jan. 11, 2019........       090128
                                   (18-01-0807P).       Kennedy, Manager,    Eagleville Road,     msc.fema.gov/
                                                        Town of Mansfield,   Mansfield, CT        portal/
                                                        4 South Eagleville   06268.               advanceSearch.
                                                        Road, Mansfield,
                                                        CT 06268.
Delaware:
    Kent........................  Town of Camden (18-  The Honorable        Land Use             https://             Jan. 9, 2019.........       100003
                                   03-0719P).           Justin T. King,      Department, 1783     msc.fema.gov/
                                                        Mayor, Town of       Friends Way,         portal/
                                                        Camden, 1783         Camden, DE 19934.    advanceSearch.
                                                        Friends Way,
                                                        Camden, DE 19934.
    Kent........................  Unincorporated       The Honorable P.     Kent County          https://             Jan. 9, 2019.........       100001
                                   areas of Kent        Brooks Banta,        Inspections and      msc.fema.gov/
                                   County (18-03-       President and        Enforcement          portal/
                                   0719P).              First District       Department, 555      advanceSearch.
                                                        Commissioner, Kent   Bay Road, Dover,
                                                        County Levy Court,   DE 19901.
                                                        555 Bay Road,
                                                        Dover, DE 19901.
Florida:
    Lee.........................  Town of Fort Myers   The Honorable        Community            https://             Jan. 31, 2019........       120673
                                   Beach (18-04-        Tracey Gore,         Development          msc.fema.gov/
                                   4850P).              Mayor, Town of       Department, 2525     portal/
                                                        Fort Myers Beach,    Estero Boulevard,    advanceSearch.
                                                        2525 Estero          Fort Myers Beach,
                                                        Boulevard, Fort      FL 33931.
                                                        Myers Beach, FL
                                                        33931.
    Lee.........................  Unincorporated       Mr. Roger            Lee County Building  https://             Jan. 17, 2019........       125124
                                   areas of Lee         Desjarlais,          Department, 1500     msc.fema.gov/
                                   County (18-04-       Manager, Lee         Main Street, Fort    portal/
                                   5442P).              County, 2120 Main    Myers, FL 33901.     advanceSearch.
                                                        Street, Fort
                                                        Myers, FL 33901.
    Miami-Dade..................  City of Doral (18-   The Honorable Juan   City Hall, 8401      https://             Jan. 31, 2019........       120041
                                   04-3562P).           C. Bermudez,         Northwest 53rd       msc.fema.gov/
                                                        Mayor, City of       Terrace, Doral, FL   portal/
                                                        Doral, 8401 NW       33166.               advanceSearch.
                                                        53rd Terrace, 2nd
                                                        Floor, Doral, FL
                                                        33166.
    Monroe......................  City of Marathon     The Honorable        Planning             https://             Jan. 23, 2019........       120681
                                   (18-04-5518P).       Michelle Coldiron,   Department, 9805     msc.fema.gov/
                                                        Mayor, City of       Overseas Highway,    portal/
                                                        Marathon, 9805       Marathon, FL 33050.  advanceSearch.
                                                        Overseas Highway,
                                                        Marathon, FL 33050.
    Monroe......................  Unincorporated       The Honorable David  Monroe County        https://             Jan. 28, 2019........       125129
                                   areas of Monroe      Rice, Mayor,         Building             msc.fema.gov/
                                   County (18-04-       Monroe County        Department, 2798     portal/
                                   4672P).              Board of             Overseas Highway,    advanceSearch.
                                                        Commissioners,       Suite 300,
                                                        9400 Overseas        Marathon, FL 33050.
                                                        Highway, Suite
                                                        210, Marathon, FL
                                                        33050.
    Monroe......................  Unincorporated       The Honorable David  Monroe County        https://             Jan. 16, 2019........       125129
                                   areas of Monroe      Rice, Mayor,         Building             msc.fema.gov/
                                   County (18-04-       Monroe County        Department, 2798     portal/
                                   5414P).              Board of             Overseas Highway,    advanceSearch.
                                                        Commissioners,       Suite 300,
                                                        9400 Overseas        Marathon, FL 33050.
                                                        Highway, Suite
                                                        210, Marathon, FL
                                                        33050.
    Monroe......................  Unincorporated       The Honorable David  Monroe County        https://             Jan. 16, 2019........       125129
                                   areas of Monroe      Rice, Mayor,         Building             msc.fema.gov/
                                   County (18-04-       Monroe County        Department, 2798     portal/
                                   5417P).              Board of             Overseas Highway,    advanceSearch.
                                                        Commissioners,       Suite 300,
                                                        9400 Overseas        Marathon, FL 33050.
                                                        Highway, Suite
                                                        210, Marathon, FL
                                                        33050.

    Monroe......................  Village of           The Honorable Chris  Planning and         https://             Jan. 2, 2019.........       120424
                                   Islamorada (18-04-   Sante, Mayor,        Development          msc.fema.gov/
                                   5481P).              Village of           Department, 86800    portal/
                                                        Islamorada, 86800    Overseas Highway,    advanceSearch.
                                                        Overseas Highway,    Islamorada, FL
                                                        Islamorada, FL       33036.
                                                        33036.
    Pinellas....................  City of St.          The Honorable Rick   Construction         https://             Jan. 28, 2019........       125148
                                   Petersburg (18-04-   Kriseman, Mayor,     Services and         msc.fema.gov/
                                   5337P).              City of St.          Permitting           portal/
                                                        Petersburg, 175      Department, 1 4th    advanceSearch.
                                                        5th Street North,    Street North, St.
                                                        St. Petersburg, FL   Petersburg, FL
                                                        33701.               33701.
    Polk........................  Unincorporated       The Honorable R.     Polk County          https://             Jan. 24, 2019........       120261
                                   areas of Polk        Todd Dantzler,       Floodplain           msc.fema.gov/
                                   County (18-04-       Chairman, Polk       Department, 330      portal/
                                   1818P).              County Board of      West Church          advanceSearch.
                                                        Commissioners, 330   Street, Bartow, FL
                                                        West Church          33831.
                                                        Street, Bartow, FL
                                                        33831.
Georgia: Henry..................  Unincorporated       The Honorable June   Henry County         https://             Jan. 31, 2019........       130468
                                   areas of Henry       Wood, Chair, Henry   Stormwater           msc.fema.gov/
                                   County (18-04-       County Board of      Department, 347      portal/
                                   3824P).              Commissioners, 140   Phillips Drive,      advanceSearch.
                                                        Henry Parkway,       McDonough, GA
                                                        McDonough, GA        30253.
                                                        30253.
Maine: Knox.....................  Town of Owls Head    The Honorable        Building             https://             Jan. 11, 2019........       230075
                                   (18-01-1542P).       Thomas Von Malder,   Department, 224      msc.fema.gov/
                                                        Chairman, Town of    Ash Point Drive,     portal/
                                                        Owls Head Board of   Owls Head, ME        advanceSearch.
                                                        Selectmen, 224 Ash   04854.
                                                        Point Drive, Owls
                                                        Head, ME 04854.
Massachusetts: Essex............  Town of Rockport     The Honorable Sarah  Department of        https://             Jan. 9, 2019.........       250100
                                   (18-01-1042P).       J. Wilkinson,        Inspection           msc.fema.gov/
                                                        Chair, Town of       Services, 34         portal/
                                                        Rockport Board of    Broadway,            advanceSearch.
                                                        Selectmen, 34        Rockport, MA 01966.
                                                        Broadway,
                                                        Rockport, MA 01966.
Mississippi: Warren.............  City of Vicksburg    The Honorable        Inspections          https://             Jan. 2, 2019.........       280176
                                   (18-04-5020P).       George E. Flaggs,    Department, 819      msc.fema.gov/
                                                        Jr., Mayor, City     South Street,        portal/
                                                        of Vicksburg, 1401   Vicksburg, MS        advanceSearch.
                                                        Walnut Street,       39180.
                                                        Vicksburg, MS
                                                        39180.
Nevada: Clark...................  Unincorporated       The Honorable Steve  Clark County Public  https://             Jan. 25, 2019........       320003
                                   areas of Clark       Sisolak, Chairman,   Works Department,    msc.fema.gov/
                                   County (18-09-       Clark County Board   500 South Grand      portal/
                                   0813P).              of Commissioners,    Central Parkway,     advanceSearch.
                                                        500 South Grand      Las Vegas, NV
                                                        Central Parkway,     89155.
                                                        Las Vegas, NV
                                                        89155.
New Mexico: Bernalillo..........  Unincorporated       The Honorable        Bernalillo County    https://             Jan. 14, 2019........       350001
                                   areas of             Steven Michael       Public Works         msc.fema.gov/
                                   Bernalillo County    Quezada, Chairman,   Division, 2400       portal/
                                   (18-06-2313P).       Bernalillo County    Broadway Boulevard   advanceSearch.
                                                        Board of             Southeast,
                                                        Commissioners, 1     Albuquerque, NM
                                                        Civic Plaza          87102.
                                                        Northwest,
                                                        Albuquerque, NM
                                                        87102.
North Carolina:
    Alleghany...................  Town of Sparta (18-  The Honorable Wes    Town Hall, 304       https://             Dec. 6, 2018.........       370005
                                   04-0634P).           Brinegar, Mayor,     South Main Street,   msc.fema.gov/
                                                        Town of Sparta,      Sparta, NC 28675.    portal/
                                                        P.O. Box 99,                              advanceSearch.
                                                        Sparta, NC 28675.
    Warren......................  Unincorporated       The Honorable        Planning, Zoning &   https://             Dec. 27, 2018........       370396
                                   areas of Warren      Victor Hunt,         Code Enforcement     msc.fema.gov/
                                   County (18-04-       Chairman, Warren     Office, 542 West     portal/
                                   2099P).              County Board of      Ridgeway Street,     advanceSearch.
                                                        Commissioners, 602   Warrenton, NC
                                                        West Ridgeway        27589.
                                                        Street, Warrenton,
                                                        NC 27589.
South Dakota:
    Stanley.....................  City of Fort Pierre  The Honorable        Department of        https://             Jan. 25, 2019........       465419
                                   (18-08-0148P).       Gloria Hanson,       Public Works, 08     msc.fema.gov/
                                                        Mayor, City of       East 2nd Avenue,     portal/
                                                        Fort Pierre, P.O.    Fort Pierre, SD      advanceSearch.
                                                        Box 700, Fort        57532.
                                                        Pierre, SD 57532.
    Stanley.....................  Unincorporated       The Honorable Dana   Stanley County       https://             Jan. 25, 2019........       460287
                                   areas of Stanley     Iversen, Chair,      Department of        msc.fema.gov/
                                   County (18-08-       Stanley County       Public Works, 08     portal/
                                   0148P).              Commission, P.O.     East 2nd Avenue,     advanceSearch.
                                                        Box 595, Fort        Fort Pierre, SD
                                                        Pierre, SD 57532.    57532.
Texas:
    Bell........................  City of Temple (18-  The Honorable Tim    Department of        https://             Jan. 9, 2019.........       480034
                                   06-1765P).           Davis, Mayor, City   Public Works,        msc.fema.gov/
                                                        of Temple, 2 North   Engineering          portal/
                                                        Main Street, Suite   Division, 3210       advanceSearch.
                                                        103, Temple, TX      East Avenue H,
                                                        76501.               Building A, Suite
                                                                             107, Temple, TX
                                                                             76501.
    Bell........................  Unincorporated       The Honorable Jon    Bell County          https://             Jan. 9, 2019.........       480706
                                   areas of Bell        H. Burrows, Bell     Engineering          msc.fema.gov/
                                   County (18-06-       County Judge, P.O.   Department, 206      portal/
                                   1765P).              Box 768, Belton,     North Main Street,   advanceSearch.
                                                        TX 76513.            Belton, TX 76513.

    Bexar.......................  City of Universal    The Honorable John   Stormwater           https://             Jan. 14, 2019........       480049
                                   City (18-06-1420P).  Williams, Mayor,     Department, 2150     msc.fema.gov/
                                                        City of Universal    Universal City       portal/
                                                        City, 2150           Boulevard,           advanceSearch.
                                                        Universal City       Universal City, TX
                                                        Boulevard,           78148.
                                                        Universal City, TX
                                                        78148.
    Bexar.......................  Unincorporated       The Honorable        Bexar County Public  https://             Dec. 24, 2018........       480035
                                   areas of Bexar       Nelson W. Wolff,     Works Department,    msc.fema.gov/
                                   County (18-06-       Bexar County         233 North Pecos-La   portal/
                                   1812P).              Judge, 101 West      Trinidad Street,     advanceSearch.
                                                        Nueva Street, 10th   Suite 420, San
                                                        Floor, San           Antonio, TX 78207.
                                                        Antonio, TX 78205.
    Collin......................  City of Allen (18-   Mr. Peter H.         Engineering and      https://             Jan. 7, 2019.........       480131
                                   06-1943P).           Vargas, Manager,     Traffic              msc.fema.gov/
                                                        City of Allen, 305   Department, 305      portal/
                                                        Century Parkway,     Century Parkway,     advanceSearch.
                                                        Allen, TX 75013.     Allen, TX 75013.
    Collin......................  City of Plano (18-   The Honorable Harry  Engineering          https://             Jan. 18, 2019........       480140
                                   06-1563P).           LaRosiliere,         Department, 1520 K   msc.fema.gov/
                                                        Mayor, City of       Avenue, Plano, TX    portal/
                                                        Plano, 1520 K        75074.               advanceSearch.
                                                        Avenue, Plano, TX
                                                        75074.
    Collin......................  City of Plano (18-   The Honorable Harry  Engineering          https://             Jan. 7, 2019.........       480140
                                   06-1943P).           LaRosiliere,         Department, 1520 K   msc.fema.gov/
                                                        Mayor, City of       Avenue, Plano, TX    portal/
                                                        Plano, 1520 K        75074.               advanceSearch.
                                                        Avenue, Plano, TX
                                                        75074.
    Tarrant.....................  City of Fort Worth   The Honorable Betsy  Transportation and   https://             Dec. 28, 2018........       480596
                                   (18-06-1064P).       Price, Mayor, City   Public Works         msc.fema.gov/
                                                        of Fort Worth, 200   Department, 200      portal/
                                                        Texas Street, Fort   Texas Street, Fort   advanceSearch.
                                                        Worth, TX 76102.     Worth, TX 76102.
    Tarrant.....................  City of Kennedale    The Honorable Brian  Planning and         https://             Jan. 3, 2019.........       480603
                                   (18-06-3137X).       Johnson, Mayor,      Development          msc.fema.gov/
                                                        City of Kennedale,   Department, 405      portal/
                                                        405 Municipal        Municipal Drive,     advanceSearch.
                                                        Drive, Kennedale,    Kennedale, TX
                                                        TX 76060.            76060.
    Webb........................  City of Laredo (17-  The Honorable Pete   Planning and Zoning  https://             Jan. 14, 2019........       480651
                                   06-3048P).           Saenz, Mayor, City   Department, 1120     msc.fema.gov/
                                                        of Laredo, 1110      San Bernardo         portal/
                                                        Houston Street,      Avenue, Laredo, TX   advanceSearch.
                                                        3rd Floor, Laredo,   78050.
                                                        TX 78040.
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[FR Doc. 2018-25551 Filed 11-21-18; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Rules and Regulations]
[Pages 35224-35225]
[FR Doc No: 2021-14166]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0444]

Safety Zone; Independence Day Celebration, Bridge Side Marine

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the
Independence Day Celebration at Bridge Side Marina in Grand Isle,
Louisiana, from 10 p.m. through 10:30 p.m. on Saturday, July 3, 2021.
This action is needed to provide for the safety of life on navigable
waterways during this event.

DATES: The regulations in 33 CFR 165.801, Table 5, line 7, will be

enforced from 10 p.m. through 10:30 p.m. on July 3, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Commander Matthew M. Spolarich,
Chief of Prevention, U.S. Coast Guard Marine Safety Unit Houma;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.801, Table 5, line 7, for the Independence Day
Celebration at Bridge Side Marina in Grand Isle, Louisiana from 10 p.m.
through 10:30 p.m. This action is being taken to provide for the safety
of life on navigable waterways during this event. Our regulation for
marine events within the Eighth Coast Guard District requiring safety
zones, Sec.  165.801, Table 5, line 7, specifies the location of the
safety zone as a 500 foot radius from the Pier located at Bridge Side
Marina, 2012 LA Highway 1, Grand Isle, LA (Lat: 29[deg]12'14'' N; Long:
090[deg]02'28.47'' W). During the enforcement period, as reflected in
Sec.  100.801, entry into this zone is prohibited unless authorized by
the Captain of the Port or a designated representative. Persons or
vessels desiring to enter into or passage through the zone must request
permission from the Captain of the Port or a designated representative.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners and Broadcast Notice to
Mariners.

    Dated: June 28, 2021.
J.W. Russell,
Captain, U.S. Coast Guard, Captain of the Port Houma.
[FR Doc. 2021-14166 Filed 7-1-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65531-65532]
[DOCID:fr10de09-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

December 3, 2009.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
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    \1\ Among a group of comments (form letters) filed in Docket No.
CP09-35-000--from Donald and Marlene Winn, Thea Shiota, Elizabeth
Shock, Isaac Brock and Naheed Simjee--between 11-9-09 and 11-24-09.
    \2\ Record of conference call.

------------------------------------------------------------------------
                                                        Presenter or
            Docket No.                 File date          requestor
------------------------------------------------------------------------
                               Prohibited
------------------------------------------------------------------------
1. CP09-431-000...................        11-12-09  Charles and Melanie
                                                     Ogle.
------------------------------------------------------------------------
                                 Exempt
------------------------------------------------------------------------
1. CP09-6-000.....................        11-19-09  Teresa De.
2. CP09-35-000....................         11-9-09  Donald and Marlene
                                                     Winn.\1\
3. CP09-464-000...................        11-20-09  Van Button.\2\
4. ER07-636-000, EL01-88-000......        11-19-09  Thomas Michels
                                                     (Office of Senator
                                                     Mary Landrieu).
------------------------------------------------------------------------

 Kimberly D. Bose,
 Secretary.
[FR Doc. E9-29405 Filed 12-9-09; 8:45 am]

BILLING CODE 6717-01-P


Page 1 of 8 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES April 8, 2002 MEMORANDUM FROM: Kathryn Boyle, CoChair IIFG and Kerry Leifer, CoChair IIFG TO: Robert Forrest, Chief Minor Use, Inerts, and Emergency Response Branch SUBJECT: November 27, 2001, Meeting of the IIFG Decision Memo Please find attached the Inert Ingredient Focus Group recommendations for the inert and active ingredient propionic acid and its calcium and sodium salts. Page 2 of 8 INERT INGREDIENT FOCUS GROUP DECISION DOCUMENT for Propionic Acid and its Calcium and Sodium Salts Petition No.: 6F4770 Tolerance Reassessments?: yes Chemical Name( s): propionic acid propionic acid, sodium salt propionic acid, calcium salt CAS Index Name: propanoic acid Chemical Category/ Group: organic acid and salts CAS Reg. No.: propionic acid ( 79 09 4) propionic acid, sodium salt ( 137 40 6) propionic acid, calcium salt ( 4075 81 9)

PC Code: propionic acid ( active: 077702, inert: 900316) propionic acid, sodium salt ( 877703) propionic acid, calcium salt ( 877701)

HPV Chemical: yes ( acid and calcium salt) Data Posted: no Use Pattern ( pesticidal): As an active ingredient, propionic acid is used to control fungi and bacteria in stored grains, hay, grain storage areas, poultry litter, and drinking water for livestock and poultry. Propionic acid is also used in food contact surface sanitizing solutions. The current petition is requesting use on sugarbeets, potatoes, and sweet potatoes.

Use Pattern ( non pesticidal): Propionic acid and its sodium and calcium salts are affirmed GRAS direct food additives ( 21 CFR 184.1081, 184.1221, 184.1784) used as food and feed preservatives.

Introduction: Page 3 of 8 The meeting of the Inert Ingredient Focus Group to discuss propionic acid was held on November 27, 2001. Focus Group members in attendance were: Kathryn Boyle ( RD), Kerry Leifer ( RD), Robert Forrest ( RD), Mark Perry ( SRRD), Pauline Wagner ( HED), Tom Brennan ( HED) and Sid Abel ( EFED). The presenters were: Michele Mahoney ( EFED) and Christina Jarvis ( HED). The Executive Secretaries were Steve Schaible ( RD) and Jeanie McAndrew ( RD). Also in attendance was Stephen Dapson ( HED). This meeting addressed the available human health effects and ecological information on propionic acid ( and its calcium and sodium salts), considering both active and inert uses, to determine if the tolerance exemptions established prior to the passage of FQPA could continue to be supported [ refer to 40CFR 180.1001( c) and 180.1023]. The List classification of propionic acid and its salts was also discussed.

Calcium and sodium propionate are not currently registered pesticide active ingredients, and tolerance exemptions that were established for calcium and sodium propionate [ 40 CFR 180.2( a) and 40 CFR 180.1015] have been revoked. For the purposes of this evaluation however, these sodium and calcium salts are considered representative of the acid form. Propionic acid occurs naturally in animal and dairy products, such as butter and cheese. Propionic acid and its salts are also consumed as added ingredients in jams, jellies, and jelly filled baked goods, and as antimicrobial agents in cheese and bread. Propionic acid, calcium propionate, and sodium propionate have been affirmed as Generally Recognized As Safe ( GRAS) by the Food and Drug Administration ( FDA) for use as a direct food additive. This GRAS finding specifies that " The ingredient is used in food with no limitation other than current good manufacturing practice."

As indicated above, data from the HPV Challenge Program is available for propionic acid and its sodium/ calcium salts. HPV data for propionic acid include acute toxicity, mutagenicity, ecotoxicity, and environmental fate. For the sodium salt, acute toxicity, mutagenicity, and ecotoxicity data are available; and for the calcium salt, acute toxicity, developmental/ reproductive toxicity, and mutagenicity data have been provided. HPV data on two propionic acid derivatives were also considered in this evaluation. Additional data received through the HPV Challenge Program on propionic acid and its sodium and calcium salts may have potential impacts on the Agency's tolerance reassessment decision for these chemicals. The Agency may revise or update their tolerance decision for propionic acid and its sodium and calcium salts as considered appropriate by any incoming data generated as part of this program.

1. Physical/ Chemical Properties:

Propionic Acid Parameter Test Results physical form: liquid molecular weight: 74.08 solubility ( water): determined to be completely soluble Page 4 of 8 vapor pressure: 3 mm Hg @ 20 oC melting point:  21.5 oC boiling point: 140.7 oC 2. Toxicological Profile:

The toxicological database for propionic acid was determined to be adequate for reregistration eligibility at the time the RED was completed ( 9/ 91). A comprehensive search of the open literature from 1991 forward and a search for in house toxicological data, failed to reveal new information on propionic acid which would compromise the toxicological findings in the RED document. Therefore, the toxicological findings/ data from the propionic acid RED ( which also addresses the calcium and sodium salts) have been used for the current evaluation.

Acute Toxicity: Technical propionic acid is of moderate to low acute toxicity via the oral, dermal, and inhalation routes of exposure ( toxicity category of III), and is not a skin sensitizer. However, propionic acid is acutely toxic in eye and dermal irritation tests ( toxicity category 1).

Subchronic Toxicity: No subchronic toxicity data are available on propionic acid itself, however, data on calcium and sodium propionate can be used to assess subchronic toxicity. Rats fed calcium or sodium propionate at one percent of the diet ( equivalent to 750 mg/ kg/ day of propionic acid) for four weeks followed by three percent ( equivalent to 1200 mg/ kg/ day of propionic acid) for three weeks showed no changes in weight gain compared to the controls. Rats fed five percent propionic acid in the diet ( approximately 5000 mg/ kg body weight) for 110 days developed lesions of the forestomach.

Propionic acid was given in the feed to dogs at 220, 735, or 2066 mg/ kg/ day for 90 days. The high dose dogs showed reduced food consumption, increased incidence of epithelial hyperplasia in the esophagus, and increased nitrite in the urine. These effects were no longer present in dogs held for a six week recovery period. A limited study with calcium propionate in dogs for 90 days showed vomiting and diarrhea in animals fed 2523 mg/ kg/ day. A human adult male was fed 6.0 grams sodium propionate a day, with slightly alkaline urine as the only effect.

Chronic Toxicity: Twenty male rats per group were fed four percent propionic acid in the diet for two years. The highest dose animals had hyperplasia and hyperplastic ulcers in the forestomach. Available data on calcium and sodium propionate indicate the following:

Rats fed bread containing sodium propionate ( 4000 mg/ kg/ day) for a year showed no adverse effects, nor did rats fed a similar diet for 32 weeks, other than an initial depression of growth.

Reproduction, and Teratology: Page 5 of 8 No maternal or fetal effects were seen upon feeding calcium propionate to pregnant animals at rates up to 300 mg/ kg/ day for rats and mice, or up to 400 mg/ kg/ day for hamsters and rabbits.

No teratogenicity was found in developing chick embryos when up to 100 mg/ kg calcium propionate was injected into the yolk or air cell, although there was increased mortality at 5 and 10 mg/ kg.

Mutagenicity: Propionic acid gave negative results in mutagencity assays in five strains of S. typhimurium and one strain of S. cerevisiae, with and without activation.

Additional data on calcium and sodium propionate indicated that both tested negative for mutagenicity in S. typhimurium and S. cerevisiae.

Metabolism: Propionic acid is rapidly absorbed from the mammalian gastrointestinal tract. Propionic acid is a normal intermediary metabolite in the body. It is utilized by most organs and tissues, and can be metabolized to glucose, carbohydrates, amino acids, and lipids. It is produced in large quantities in ruminants, and is one of the metabolic products from the breakdown of several amino acids in nonruminants. Propionic acid is formed in the oxidation of fatty acids and from the side chain of cholesterol.

1. Hazard Characterization:

Propionic acid, calcium propionate and sodium propionate have FDA affirmed GRAS status as a direct food additive. Neither propionic acid nor its salts are expected to result in any adverse health effects via the food, drinking water, or residential exposure pathways.

2. Type of risk assessment: qualitative 3. Sensitivity of Infants and Children:

These chemicals have low toxic potential. In addition, humans of all ages are highly exposed to them from natural sources. At this time, there is no concern for potential sensitivity to infants and children. A safety factor analysis has not been used to assess the risk. For the same reasons the additional tenfold safety factor is unnecessary.

4. Fate Assessment:

Biodegradation of propionic acid is expected to be the most important degradation pathway in aerobic soil and water. Data indicate that propionic acid degrades in an anaerobic aquatic system with a half life of 21 days. Although data are not available, EFED expects that the half life in aerobic environments will be much lower than 21 days since biodegradation of propionic acid occurs rapidly under aerobic conditions. Based on an estimated K oc value of 1.2 ( Syracuse Research Corporation, SRC, structure estimation method using molecular connectivity indices), propionic acid is expected to be highly mobile in soil. Page 6 of 8 5. Ecotoxicity Assessment:

Aquatic Organisms: The toxicity data indicate that propionic acid is slightly toxic to aquatic organisms. Toxicity data are not available to assess chronic risk to freshwater organisms or acute and chronic risks to estuarine/ marine organisms.

Acute Toxicity of Propionic Acid to Freshwater Aquatic Organisms ( based on application rate of 1 lb ai/ A)

Organism Exposure Type Most Sensitive Species Toxicity ( ppm) EEC ( ppm) 1 Risk Quotient ( EEC/ Toxicity)

Freshwater Fish Acute Rainbow trout LC50= 51 0.06 < 0.05 Freshwater Invertebrates Acute Daphnia magna EC50= 22.7 0.06 < 0.05 1 Maximum EEC generated using the GENEEC 2.0 model.

Terrestrial Organisms: The toxicity data indicate that propionic acid is practically non toxic to birds and mammals. EFED does not expect risk to birds and mammals on an acute basis at application rates

20.7 and

5.7 lb ai/ A, respectively. Chronic risks to terrestrial organisms could not be determined because toxicity data are not available.

Acute Toxicity of Propionic Acid to Terrestrial Wildlife Animal Group Exposure Type Most Sensitive Species Toxicity ( mg/ kg) EEC ( ppm) 1 Risk Quotient Birds Acute Mallard LD 50 > 10000 240 < 0.1 Mammals Acute Rat2 LD 50 = 2600 240 < 0.1 1 The highest terrestrial residue anticipated. RQs were calculated using ELLFate 2 Accession No. 091024 6. Exposure Assessments Presentation of Dietary ( food) Exposure Assessment: Dietary exposure and dietary risk to propionic acid is extremely low. A dietary risk assessment has not been conducted and is not required.

Presentation of Drinking Water Exposure Assessment: As with most acids, propionic acid would be expected to be mobile. Biodegradation should be rapid under aerobic conditions. Modeling was performed to estimate the possible water concentrations. Page 7 of 8 Assumptions: 1 lb/ Acre Modeling Used: FIRST, SCIGROW 2 FIRST TIER I Concentration ( ppb) of propionic acid in surface water Method of Application Application Rate ( lbs ai/ A) Peak ( Acute) ( ppb) Annual Average ( Chronic) ( ppb)

Aerial 1 92 6 Groundwater Screening Concentrations for Propionic Acid using SCIGROW 2 Application Rate ( lbs ai/ A) Groundwater Screening Concentration ( ppb) a 1 1.3 a These concentrations are the screening concentrations for acute, chronic, and cancer risks.

Given the lower toxicity profile of propionic acid, no adverse effects as a result of exposure through drinking water are expected from either the active or inert ingredient uses. A drinking water risk assessment is not required.

Currently there are no active ingredient registrations for residential uses. However, the potential for use in residential products as an inert ingredient does exist. Given the lower toxicity of propionic acid, and that its uses generally are related to agricultural and dietary ( food) uses, adverse effects as a result of any residential uses are not expected.

7. Cumulative Exposure:

Section 408( b)( 2)( D)( v) requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider " available information" concerning the cumulative effects of a particular pesticide's residues and " other substances that have a common mechanism of toxicity." EPA does not have, at this time, data available to determine whether propionic acid and its salts have a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment.

8. Summary of Exposure/ Risk Characterization:

Based on its low toxicity, and affirmation as a GRAS chemical when used as a direct food additive, propionic acid is not expected to result in any adverse health effects via the food, drinking water, or residential exposure pathways. Page 8 of 8 9. Qualitative Evaluation of Worker Risks:

The possibility of eye and skin irritation to occupational handlers is addressed on a product specific basis.

10. IIFG Recommendations: By consensus there were no objections to the following:

° The petition may be granted. The inert and active uses should be harmonized.

° The tolerance exemptions for propionic acid under 40CFR 180.1001( c) and 180.1023 are reassessed.

° The tolerance exemption for sodium propionate under 40CFR 180.1001( c) is reassessed.

° A tolerance exemption for calcium propionate may be established.

° Propionic acid, sodium propionate and calcium propionate are to be reclassified as List 4B.

Attachments:

( 1) EFED review ( 2) HED review


December 19, 2002 Greg H. Guinther Senior Advisor Fuels Research and Development Ethyl Petroleum Additives, Inc. P. O. Box 2158 Richmond, VA 23218 2158 Dear Mr. Guinther,

On November 15, 2002, the Ethyl Corporation ( Ethyl) submitted to the Environmental Protection Agency ( EPA) a revised draft manganese emission characterization study protocol for MMT, as required under the Alternative Tier 2 Health Effects Testing Requirements. These requirements were finalized in the notification received by Ethyl on May 25, 2000 (" the notification"). As you know, the notification requires EPA review and approval of this protocol. This letter conveys the Agency's approval of the November 15, 2002, revised protocol as submitted by Ethyl.

We have one comment regarding a statement in the last sentence of the first paragraph of the revised protocol. This sentence currently reads, " Previous testing conducted by Ethyl for EPA allowed EPA to make the determination that use of MMT ® will not increase vehicle emissions or cause or contribute to the failure of these devices2." ( Footnote 2 in this quote references U. S. Federal Register/ Volume 59, No. 158, August 17, 1994, the 1994 MMT waiver decision.) We would note for purposes of clarification that the conclusion reached by the Agency in its decision was only in regard to regulated emissions subject to vehicle certification standards.  2

We look forward to Ethyl's initiation of the manganese emission characterization study as required under the notification. If you have any questions, please contact Joe Sopata of my staff at ( 202) 564 9034.

Sincerely,

/ s/

Suzanne Rudzinski Director Transportation and Regional Programs Division cc: Monica Alvarez, ORD Dr. J Michael Davis, ORD Dr. James Braddock, ORD Tim Backstrom, OGC Dr. Don Lynam, Ethyl Corporation Kevin Fast, Hunton & Williams