[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Proposed Rules]
[Page 68784-68795]
[DOCID:fr06de07-15]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7748]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents, and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before March 5, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are available for
inspection at the community's map repository. The respective addresses
are listed in the table below.

    You may submit comments, identified by Docket No. FEMA-B-7748, to
William R. Blanton, Jr., Chief, Engineering Management Branch,
Mitigation Directorate, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-3151 or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own, or pursuant to policies established
by other Federal, State, or regional entities. These proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    Administrative Procedure Act Statement. This matter is not a
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C.
553. FEMA publishes flood elevation determinations for notice and
comment; however, they are governed by the Flood Disaster Protection
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.
    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Shoshone County, Idaho, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Pine Creek without levee............  Approximately 600 feet          None        +2208  City of Pinehurst.
                                       upstream of Interstate
                                       90 off-ramp.
                                      Approximately 750 feet          None        +2240
                                       downstream of Ohio
                                       Avenue.
Pine Creek without levee............  Just upstream of                None        +2198  Unincorporated Areas of
                                       Interstate 90 at Old                               Shoshone County.
                                       ID State Route 10.
                                      Approximately 3,700             None        +2277
                                       feet upstream of Ohio
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Pinehurst
Maps are available for inspection at 106 North Division Street, Pinehurst, ID 83850.

                                     Unincorporated Areas of Shoshone County

Maps are available for inspection at 700 Bank Street, Suite 35, Wallace, ID 83873.
----------------------------------------------------------------------------------------------------------------

                                Daviess County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Gilles Ditch........................  Just upstream Audubon           +398         +399  City of Owensboro,
                                       Parkway.                                           Unincorporated Areas
                                                                                of Daviess County.
                                      Approximately 2,600             None         +415
                                       feet upstream U.S. 60.
Goetz Ditch.........................  Approximately 100 feet          None         +397  City of Owensboro,
                                       upstream South                                     Unincorporated Areas
                                       Griffith Avenue.                                   of Daviess County.
                                      Approximately 150 feet          None         +397
                                       downstream South
                                       Griffith Avenue.
Horse Fork..........................  Approximate 1,500 feet          +395         +394  City of Owensboro,
                                       upstream Wendell Ford                              Unincorporated Areas
                                       Expressway.                                        of Daviess County.
                                      Approximately 120 feet          +417         +418
                                       downstream of KY-54.
Ohio River..........................  At the western county           +384         +383  City of Owensboro,
                                       boundary                                           Unincorporated Areas
                                       (Approximately 11,000                              of Daviess County.
                                       feet downstream Crane
                                       Pond Slough).
                                      At confluence with              +394         +393
                                       Blackford Creek.
Persimmon Ditch.....................  Just upstream Ewing             +399         +389  City of Owensboro,
                                       Road.                                              Unincorporated Areas
                                                                                of Daviess County.
                                      Just downstream U.S. 60         +403         +401
Scherm Ditch........................  Just upstream Lewis             +398         +399  City of Owensboro,
                                       Lane.                                              Unincorporated Areas
                                                                                of Daviess County.
                                      Approximately 1,100             +399         +400
                                       feet upstream South
                                       Griffith Avenue.
Yellow Creek........................  Just upstream KY-144...         +397         +392  City of Owensboro,
                                                                                Unincorporated Areas
                                                                                of Daviess County.
                                      Approximately 520 feet          None         +408
                                       upstream Wendell Ford
                                       Expressway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
                                                    ADDRESSES

City of Owensboro
Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732.

                                     Unincorporated Areas of Daviess County

Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732.
----------------------------------------------------------------------------------------------------------------
                                  Lee County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Kentucky River--North Fork..........  Approximately 150 feet          None         +668  Unincorpo-
                                       downstream of                                     rated Areas of Lee
                                       confluence with Mirey                              County.
                                       Creek.
Kentucky River......................  Approximately 1,550             None         +671  .......................
                                       feet downstream of
                                       confluence with
                                       Blaines Branch.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                       Unincorporated Areas of Lee County

Maps are available for inspection at Lee County Courthouse, 256 Main Street, Beattyville, KY 41311.
----------------------------------------------------------------------------------------------------------------

                                Midland County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chippewa River......................  Approximately 8,745             None         +616  Township of Midland,
                                       feet upstream of the                               Township of Homer.
                                       confluence with
                                       Tittabawassee River.
                                      Approximately 18,635            None         +616
                                       feet upstream of the
                                       confluence with
                                       Tittabawassee River.
Sturgeon Creek......................  Approximately 4,200             None         +615  City of Midland,
                                       feet upstream of                                   Township of Larkin.
                                       Airport Road.
                                      Approximately 4,620             None         +615
                                       feet upstream of
                                       Airport Road.
Tittabawassee River.................  Approximately 5,000             None         +611  Township of Midland,
                                       feet upstream of                                   City of Midland,
                                       Consumers Power                                    Township of Homer.
                                       Railroad.
                                      Approximately 14,080            None         +616
                                       feet upstream of the
                                       confluence of Sturgeon
                                       Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Midland
Maps are available for inspection at 333 West Ellsworth Street, Midland, MI 48640.
Township of Homer
Maps are available for inspection at Homer Township Hall, 522 North Homer Road, Midland, MI 48640.
Township of Larkin
Maps are available for inspection at Larkin Township Hall, 3027 North Jefferson Road, Midland, MI 48642.
Township of Midland
Maps are available for inspection at 1030 S. Poseyville Road, Midland, MI 48640.
----------------------------------------------------------------------------------------------------------------
                                 Ulster County, New York, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Rondout Creek.......................  Approximately 500 feet            +8           +9  City of Kingston, Town
                                       downstream of the                                  of Esopus, Town of
                                       Conrail Bridge                                     Rosendale, Town of
                                       Structure.                                         Ulster.
                                      Approximately 200 feet           +94          +91
                                       upstream of
                                       Lawrenceville Road
                                       (State Route 213).
Saw Kill............................  At confluence with              None         +151  Town of Kingston, Town
                                       Esopus Creek.                                      of Ulster.
                                      Approximately 0.7 miles         +260         +255
                                       upstream of Powder
                                       Mill Road.
Twaalfskill Brook...................  At confluence with              None          +10  City of Kingston.
                                       Rondout Creek.
                                      Approximately 55 feet           None          +54  .......................
                                       upstream of Brook
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Kingston
Maps are available for inspection at City of Kingston-City Hall, 420 Broadway, Kingston, NY 12401.
Town of Esopus
Maps are available for inspection at Town of Esopus-Town Hall, 172 Broadway, Port Ewen, NY 12466.

Town of Kingston
Maps are available for inspection at Town of Kingston-Town Hall, 906 Sawkill Road, Kingston, NY 12401.

Town of Rosendale
Maps are available for inspection at Town of Rosendale-Town Hall, 424 Main Street, Rosendale, NY 12742.

Town of Ulster
Maps are available for inspection at Town of Ulster-Town Hall, 1 Town Hall Drive, Lake Katrine, NY 12449.
----------------------------------------------------------------------------------------------------------------

                             Caldwell County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaver Creek........................  Approximately 400 feet          None        +1184  Unincorporated Areas of
                                       downstream of the                                  Caldwell County.
                                       Caldwell/Wilkes County
                                       boundary.
                                      Approximately 1.6 miles         None        +1252
                                       upstream of Wilkesboro
                                       Boulevard.
Blue Creek..........................  At the confluence with          None        +1102  Unincorporated Areas of
                                       Kings Creek 1 and                                  Caldwell County.
                                       Little Kings Creek.
                                      Approximately 0.5 mile          None        +1276
                                       upstream of Bluegrass
                                       Place (State Road
                                       1578).
Buffalo Creek.......................  Approximately 1,500            +1159        +1160  Unincorporated Areas of
                                       feet upstream of the                               Caldwell County.
                                       confluence with Yadkin
                                       River.
                                      At the Caldwell/Watauga         None        +2080
                                       County boundary.
Dennis Creek........................  At the confluence with          None        +1883  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.
                                      Approximately 120 feet          None        +2013
                                       downstream of Richland
                                       Road (State Road 1372).
Elk Branch..........................  At the confluence with          None        +1385  Unincorporated Areas of
                                       Jones Creek.                                       Caldwell County.
                                      Approximately 1,290             None        +1450
                                       feet upstream of Old
                                       Sampson Road (State
                                       Road 1574).
Green Rock Branch...................  At the confluence with          None        +1216  Unincorporated Areas of
                                       Buffalo Creek.                                     Caldwell County.
                                      Approximately 1.5 miles         None        +1436
                                       upstream of Buffalo
                                       Cove Road (State Road
                                       1504).
Jackson Camp Creek..................  At the confluence with          None        +1757  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.
                                      Approximately 1.0 mile          None        +1867
                                       upstream of Richland
                                       Road (State Road 1372).
Jesse Fork..........................  At the confluence with          None        +1349  Unincorporated Areas of
                                       Buffalo Creek.                                     Caldwell County.
                                      Approximately 0.8 mile          None        +1640
                                       upstream of Stone
                                       Mountain Road (State
                                       Road 1503).
Jesse Fork Tributary 1..............  At the confluence with          None        +1453  Unincorporated Areas of
                                       Jesse Fork.                                        Caldwell County.
                                      Approximately 340 feet          None        +1502
                                       upstream of Wallace
                                       Coffey Place.
Jones Creek.........................  At the confluence with          None        +1347  Unincorporated Areas of
                                       Buffalo Creek.                                     Caldwell County.
                                      Approximately 1.3 miles         None        +2072
                                       upstream of C C Camp
                                       Road (State Road 1574).
Kings Creek 1.......................  At the confluence with          None        +1097  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.
                                      At the confluence of            None        +1102
                                       Blue Creek and Little
                                       King Creek.
Kings Creek 2.......................  At the confluence with          None        +1181  Unincorporated Areas of
                                       Blue Creek.                                        Caldwell County.
                                      Approximately 1.9 miles         None        +1252
                                       upstream of the
                                       confluence of Kings
                                       Creek 2 Tributary 1.
Kings Creek 2 Tributary 1...........  At the confluence with          None        +1201  Unincorporated Areas of
                                       Kings Creek 2.                                     Caldwell County.
                                      Approximately 1.2 miles         None        +1376
                                       upstream of Taylor
                                       Farm Road (State Road
                                       1702).
Laytown Creek.......................  At the confluence with          None        +1110  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.
                                      Approximately 1.8 miles         None        +1633
                                       upstream of Laytown
                                       Road (State Road 1507).
Little Kings Creek..................  At the confluence with          None        +1102  Unincorporated Areas of
                                       Blue Creek and Kings                               Caldwell County.
                                       Creek 1.
                                      Approximately 1,630             None        +1334
                                       feet upstream of Zacks
                                       Fork Road (State Road
                                       1511).
Mill Creek (into Yadkin River)......  At the confluence with          None        +1154  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.
                                      Approximately 1.2 miles         None        +1216
                                       upstream of NC 268
                                       Highway.
Old Field Branch....................  At the confluence with          None        +1379  Unincorporated Areas of
                                       Buffalo Creek.                                     Caldwell County.
                                      Approximately 1.7 miles         None        +1548
                                       upstream of Cottrell
                                       Place.
Ooten Creek.........................  At the confluence with          None        +1940  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.

                                      Approximately 0.6 mile          None        +2122
                                       upstream of the
                                       confluence with Yadkin
                                       River.
Preston Creek.......................  At the confluence with          None        +1332  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.
                                      Approximately 650 feet          None        +1548
                                       upstream of Kirby
                                       Mountain Road (State
                                       Road 1370).
Rockhouse Creek.....................  At the confluence with          None        +1670  Unincorporated Areas of
                                       Buffalo Creek.                                     Caldwell County.
                                      Approximately 1.3 miles         None        +1900
                                       upstream of the
                                       confluence with
                                       Buffalo Creek.
Warrior Creek.......................  Approximately 300 feet         +1213        +1214  Unincorporated Areas of
                                       upstream of the                                    Caldwell County.
                                       confluence with Yadkin
                                       River.
                                      Approximately 210 feet          None        +1251
                                       upstream of Warrior
                                       Road (State Road 1346).
Yadkin River........................  At the Caldwell/Wilkes          None        +1090  Unincorporated Areas of
                                       County boundary.                                   Caldwell County.
                                      Approximately 2.2 miles         None        +2315
                                       upstream of the
                                       confluence of Ooten
                                       Creek.
    Tributary 25....................  At the confluence with          None        +1128  Unincorporated Areas of
                                       Yadkin River.                                      Caldwell County.
                                      Approximately 1,730             None        +1284
                                       feet downstream of
                                       Laytown Road (State
                                       Road 1507).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                     Unincorporated Areas of Caldwell County

Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC.
----------------------------------------------------------------------------------------------------------------
                                 Clatsop County, Oregon, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beerman Creek.......................  Approximately at US 101         None          +21  Unincorporated Areas of
                                                                                Clatsop County.
                                      Approximately 0.95              None         +119
                                       miles upstream of
                                       Beerman Creek Lane.
Neawanna Creek......................  Approximately 50 feet            +16          +14  City of Seaside,
                                       downstream of 12th                                 Unincorporated Areas
                                       Avenue.                                            of Clatsop County.
                                      Approximately 0.7 miles         None          +19
                                       upstream of Avenue.
Necanicum River.....................  Approximately 450 feet           +15          +14  City of Seaside,
                                       downstream of 12th                                 Unincorporated Areas
                                       Avenue.                                            of Clatsop County.
                                      Approximately at the             +38          +39
                                       Howard Johnson Bridge.
Necanicum River Overflow............  Approximately 0.24              None          +32  City of Seaside,
                                       miles upstream of                                  Unincorporated Areas
                                       confluence with                                    of Clatsop County.
                                       Necanicum River.
                                      Approximately 0.7 miles         None          +37
                                       upstream of confluence
                                       with Necanicum River.
Upper Neawanna Creek................  Approximately 260 feet          None          +16  City of Seaside,
                                       downstream of Wahanna                              Unincorporated Areas
                                       Road.                                              of Clatsop County.
                                      Approximately 840 feet          None          +31
                                       upstream of Wahanna
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Seaside
Maps are available for inspection at 989 Broadway, Seaside, OR.

                                     Unincorporated Areas of Clatsop County

Maps are available for inspection at 800 Exchange Street, Ste. 310, Astoria, OR.
----------------------------------------------------------------------------------------------------------------
                               Lawrence County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Buffalo River.......................  Appoximately 1,028 feet         None         +792  Unincorporated Areas of
                                       upstream of confluence                             Lawrence County.
                                       of Saw Creek.
                                      Approximately 2,040             None         +812
                                       feet upstream of State
                                       Highway 240.
Shoal Creek.........................  At New Shoal Creek Dam.         None         +759  Unincorporated Areas of
                                                                                Lawrence County.
                                      Approximately 8,540             None         +787
                                       feet downstream of Old
                                       Waynesboro Highway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
= North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
                                                    ADDRESSES

                                     Unincorporated Areas of Lawrence County

Maps are available for inspection at 240 West Gaines Street, Lawrenceburg, TN 38464.
----------------------------------------------------------------------------------------------------------------
Canutillo--Flow Path 42.............  Confluence with the Rio         None        +3772  Unincorporated Areas of
                                       Grande.                                            El Paso County, City
                                                                                of El Paso.
                                      Interstate 10..........        +3901        +3895
Canutillo--Flow Path 42A............  Confluence with the             None        +3873  City of El Paso,
                                       Flow Path 42.                                      Unincorporated Areas
                                                                                of El Paso County.
                                      Interstate 10..........         None        +3916
Government Hills Channel--Flow Path   Approximately 400 feet         +3741        +3737  City of El Paso.
 24.                                   downstream from La Luz
                                       Avenue.
                                      Approximately 770 feet         +3794        +3799
                                       upstream from
                                       intersection with
                                       Leeds Avenue.
McKelligon County Arroyo--Flow Path   Confluence with                +4630        +4638  Unincorporated Areas of
 17.                                   McKelligon Canyon                                  El Paso County.
                                       Arroyo.
Tributary 6.........................  Approximately 2400 feet        +4775        +4781
                                       upstream of confluence
                                       with McKelligon Canyon
                                       Arroyo.
McKelligon County Arroyo--Flow Path   At the intersection            +4262        +4263  City of El Paso,
 17.                                   with Davis Seamon Road.                            Unincorporated Areas
                                                                                of El Paso County.
                                      Approximately 2,000            +4772        +4765
                                       feet upstream of
                                       confluence with
                                       McKelligon Canyon
                                       Arroyo Tributary 6.
NE Pond--Pond 2.....................  Northern most pond,             None        +3923  City of El Paso.
                                       intersected by Tiger
                                       Eye Drive.
NE Pond--Pond 3.....................  Square pond along west          None        +3909  City of El Paso.
                                       central side of
                                       ponding area, across
                                       Dyer St. from Ameen
                                       Drive.
NE Pond--Pond 4.....................  Small pond North of             None        +3913  City of El Paso.
                                       Pond 4.
NE Pond--Pond 5.....................  Small pond in Southwest         None        +3909  City of El Paso.
                                       corner of ponding area.
NE Pond--Pond 6.....................  Small pond in Southeast         None        +3909  City of El Paso.
                                       corner of ponding area.
Range Dam Flow Path 14--El Paso       Intersection with              +3943        +3945  City of El Paso.
 Drainage Channel 2.          Hollyhock Drive.
                                      Blythe Street..........        +3976        +3975
Range Dam Flow Path 16--Main Channel  Approximately 600 feet          None        +3869  City of El Paso.
                                       downstream from the
                                       Railroad.
                                      Donald Drive...........         None        +3960
Range Dam--Outlet Channel...........  Confluence with Flow            None        +3887  City of El Paso.
                                       Path No. 16.
                                      Approximately 1,400             None        +3899
                                       feet upstream of Dyer
                                       Street at Range Dam.
San Felipe Arroyo...................  Approximately 600 feet          None        +3608  Unincorporated Areas of
                                       downstream from                                    El Paso County.
                                       Alameda Avenue.

                                      Approximately 5,000             None        +3693
                                       feet upstream of
                                       Citizen Transfer
                                       Station Road.
Stream 2--Horizon Arroyo............  Approximately 3,500            +3666        +3657  Unincorporated Areas of
                                       feet downstream from I-                            El Paso County.
                                       10 Frontage Road.
                                      Approximately 65 feet          +3752        +3747
                                       downstream from I-10
                                       Frontage Road.
Vinton 1 & 2--Flow Path 45..........  Approximately 160 feet          None        +3775  Town of Vinton, City of
                                       upstream of the                                    El Paso,
                                       confluence with the                                Unincorporated Areas
                                       Rio Grande.                                        of El Paso County.
                                      Approximately 7,900            +4500        +4514
                                       feet upstream of the
                                       confluence with Flow
                                       Path 45B.
Vinton 1 & 2--Flow Path 45 C........  Confluence with Flow           +4017        +4048  City of El Paso,
                                       Path No. 45.                                       Unincorporated Areas
                                                                                of El Paso County.
                                      Approximately 2,300             None        +4656
                                       feet upstream of
                                       confluence with Flow
                                       Path 45 Tributary.
Vinton 1 & 2--Flow Path 45 C........  Confluence with Flow            None        +4531  Unincorporated Areas of
                                       Path No. 45 C.                                     El Paso County.
Tributary 1.........................  Approximately 1,500             None        +4598
                                       feet upstream of
                                       confluence with Flow
                                       Path 45 C.
Vinton 1 & 2--Flow Path 45A.........  Confluence with Flow            None        +3815  Town of Vinton, City of
                                       Path 45.                                           El Paso,
                                                                                Unincorporated Areas
                                                                                of El Paso County.
                                      Approximately 150 feet          None        +4058
                                       upstream of Remington
                                       Drive.
Vinton 1 & 2--Flow Path 45B.........  Confluence with Flow           +4250        +4242  Unincorporated Areas of
                                       Path No. 45.                                       El Paso County, City
                                                                                of El Paso.
                                      Approximately 8,900             None        +4598
                                       feet upstream of
                                       confluence with Flow
                                       Path No. 45.
Vinton 1 & 2--Flow Path 45D.........  Confluence with Flow            None        +4266  City of El Paso,
                                       Path No. 45.                                       Unincorporated Areas
                                                                                of El Paso County.
                                      Approximately 6,300             None        +4513
                                       feet upstream of
                                       confluence with Flow
                                       Path No. 45B.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of El Paso
Maps are available for inspection at City Hall/Engineering Department, 2 Civic Center Plaza, El Paso,
 TX 79901.

Town of Vinton
Maps are available for inspection at 436 Vinton Road, Anthony, TX 79821.

                                     Unincorporated Areas of El Paso County

Maps are available for inspection at 500 East San Antonio St., Room 407, El Paso, TX 79901.
----------------------------------------------------------------------------------------------------------------
                                 King County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cedar River.........................  Approximately at 149th          +100         +101  Unincorporated Areas of
                                       Avenue SE.                                         King County, City of
                                                                                Renton.
                                      Approximately 350 feet          None         +528
                                       upstream of Landsburg
                                       Road SE.
Green River.........................  Approximately at Fort            +25          +24  Unincorporated Areas of
                                       Dent Park Road.                                    King County, City of
                                                                                Auburn, City of Kent,
                                                                                City of Renton, City
                                                                                of Seatac, City of
                                                                                Tukwila.
                                      Approximately 0.48               +75          +74
                                       miles downstream of SR
                                       18.
Patterson Creek.....................  Approximately 600 feet          None          +86  Unincorporated Areas of
                                       upstream of SR 202,                                King County.
                                       near confluence with
                                       Snoqualmie R.

                                      Approximately .31 miles         None         +160
                                       upstream of SR 202
                                       past Patternson Creek
                                       Overflow.
Snoqualmie River....................  Approximately at the             +47          +50  Unincorporated Areas of
                                       King County/Snohomish                              King County, City of
                                       County boundary.                                   Carnation, City of
                                                                                Snoqualmie, Town of
                                                                                Duvall.
                                      Approximately 0.5 miles         +128         +125
                                       downstream from
                                       Snoqualmie Dam.
Springbrook Creek...................  Approximately 0.44              None          +24  Unincorporated Areas of
                                       miles downstream of SW                             King County, City of
                                       7th Street Bridge.                                 Renton, City of
                                                                                Tukwila.
                                      Approximately 250 feet           +22          +30
                                       downstream of the City
                                       of Renton/City of Kent
                                       boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Auburn

Maps are available for inspection at 25 W. Main Street, Auburn, WA 98001.

City of Carnation
Maps are available for inspection at 4621 Tolt Avenue, Carnation, WA 98014.

City of Kent
Maps are available for inspection at 220 Fourth Avenue South, Kent, WA 98032.

City of Renton
Maps are available for inspection at 1055 S Grady Way, Renton, WA 98055.

City of Seatac
Maps are available for inspection at 4800 S 188th St, Seatac, WA 98188.

City of Snoqualmie
Maps are available for inspection at 8020 Railroad Ave SE, Snoqualmie, WA 98065.

City of Tukwila
Maps are available for inspection at 8020 Railroad Ave SE, Tukwila, WA 98118.

Town of Duvall
Maps are available for inspection at 15535 Main St NE, Duvall, WA 98019.

                                       Unincorporated Areas of King County

Maps are available for inspection at 201 S. Jackson Street, Ste 600, Seattle, WA 98104.
----------------------------------------------------------------------------------------------------------------
                                Pierce County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Artondale Creek (main stem).........  Approximately 100 feet          None          +13  Unincorporated Areas of
                                       upstream of Wollochet                              Pierce County.
                                       Drive Culvert.
                                      Approximately 200 feet          None          +39
                                       downstream of
                                       confluence with East
                                       and West Branch.
Artondale Creek--East Branch........  Approximately 320 feet          None          +40  Unincorporated Areas of
                                       upstream of confluence                             Pierce County.
                                       with main stem
                                       Artondale Creek.
                                      Approximately 80 feet           None         +152
                                       downstream of Hunt
                                       Street NW.
Artondale Creek--West Branch........  Approximately 460 feet          None          +39  Unincorporated Areas of
                                       upstream of confluence                             Pierce County.
                                       with main stem
                                       Artondale Creek.
                                      Approximately 0.46              None          +48
                                       miles upstream of
                                       confluence with main
                                       stem Artondale Creek.
Canyon Creek........................  Approximately 250 feet          None          +31  Unincorporated Areas of
                                       downstream of 128th                                Pierce County.
                                       Street E.
                                      Approximately 130 feet          None         +280
                                       upstream of 72nd
                                       Street.
Carbon River........................  Approximately 860 feet          +130         +124  Unincorporated Areas of
                                       upstream of confluence                             Pierce County, Town of
                                       with Puyallup R.                                   Orting.
                                      Approximately 660 feet          None         +456
                                       upstream of Alward
                                       Road.
Clarks Creek........................  Approximately at River          None          +29  Unincorporated Areas of
                                       Road.                                              Pierce County, City of
                                                                                Puyallup.
                                      Approximately 600 feet           +31          +34
                                       upstream of 12th
                                       Avenue SW.

Clarks Creek--Meeker Ditch..........  Approximately 680 feet          None          +31  Unincorporated Areas of
                                       downstream of 14th                                 Pierce County, City of
                                       Street SW.                                         Puyallup.
                                      Approximately 580 feet          None          +38
                                       upstream of 7th Street
                                       SW.
Clover Creek........................  Approximately 240 feet          +215         +214  Unincorporated Areas of
                                       upstream of confluence                             Pierce County, City of
                                       with Steilacoom Lake.                              Lakewood.
                                      Approximately 0.86              None         +343
                                       miles upstream of
                                       Canyon Road.
Crescent Creek......................  Approximately 45 feet           None          +14  Unincorporated Areas of
                                       upstream of 96th                                   Pierce County, Town of
                                       Street E.                                          Gig Harbor.
                                      Approximately 880 feet          None         +172
                                       upstream of 138th
                                       Street E.
Fennel Creek........................  Approximately 660 feet          None         +101  Unincorporated Areas of
                                       upstream of confluence                             Pierce County, City of
                                       with Puyallup River.                               Bonney Lake.
                                      Approximately at Kelley         None         +505
                                       Lake Road Bridge.
Lacamas Creek.......................  Approximately 920 feet          +326         +328  Town of Roy,
                                       downstream of SR507.                               Unincorporated Areas
                                                                                of Pierce County.
                                      Approximately at 0.26           +473         +474
                                       miles upstream of
                                       310th Street S (Farm
                                       Road).
Mashel River........................  Approximately at                +739         +738  Town of Eatonville,
                                       Private Road, 1600                                 Unincorporated Areas
                                       feet upstream of                                   of Pierce County.
                                       confluence with Little
                                       Mashel River.
                                      Approximately at 0.42           +862         +866
                                       miles upstream of
                                       Eatonville Cutoff Road.
Morey Creek.........................  Approximately 180 feet          None         +293  Unincorporated Areas of
                                       from confluence with                               Pierce County.
                                       Clover Creek.
                                      Approximately at 140            None         +300
                                       feet upstream of
                                       Spannaway Loop Road.
Muck Creek..........................  Approximately 1070 feet         +442         +444  Unincorporated Areas of
                                       upstream of 276th                                  Pierce County.
                                       Street Bridge.
                                      Approximately at 240            None         +484
                                       feet upstream of 228th
                                       Street Ct E.
North Fork Clover Creek.............  Approximately at Golden         +317         +319  Unincorporated Areas of
                                       Givens Road.                                       Pierce County, City of
                                                                                Lakewood, City of
                                                                                Tacoma.
                                      Approximately 1500 feet         None         +391
                                       upstream of 96th
                                       Street E.
North Fork Clover Creek Tributary     Approximately 3220 feet         +323         +322  Unincorporated Areas of
 1.                           upstream of confluence                             Pierce County.
                                       with North Fork Clover
                                       Creek.
                                      Approximately 0.4 miles         None         +457
                                       upstream of 40th
                                       Avenue E.
North Fork Clover Creek Tributary     Approximately 0.73              None         +333  Unincorporated Areas of
 2.                           miles downstream of                                Pierce County.
                                       Railroad culvert.
                                      Approximately 40 feet           None         +397
                                       upstream of Railroad
                                       culvert.
North Fork Clover Creek Tributary     Approximately 0.5 miles         None         +363  Unincorporated Areas of
 4.                           downstream of 22nd                                 Pierce County.
                                       Avenue Ct E.
                                      Approximately 0.2 miles         None         +402
                                       upstream of 22nd
                                       Avenue Ct E.
North Fork Clover Creek Tributary     Approximately 40 feet           None         +368  Unincorporated Areas of
 5.                           upstream of Aqueduct                               Pierce County.
                                       Drive E.
                                      Approximately 0.25              None         +368
                                       miles upstream of
                                       Aqueduct Drive E.
Puyallup River......................  Approximately 1100 feet          +13          +10  City of Fife, City of
                                       downstream of East                                 Puyallup, City of
                                       11th Street.                                       Sumner, Town of
                                                                                Orting, Unincorporated
                                                                                Areas of Pierce
                                                                                County.
                                      Approximately at 0.53           +606         +604
                                       miles upstream of BN
                                       Railroad/Champion
                                       Bridge.
South Prairie Creek.................  Approximately 1 mile            +301         +302  Town of South Prairie,
                                       downstream of State                                Unincorporated Areas
                                       Hwy 162.                                           of Pierce County.
                                      Approximately 0.37              +449         +458
                                       miles upstream of SR
                                       162 Bridge.
Spanaway Creek......................  Approximately 75 feet           +287         +285  Unincorporated Areas of
                                       upstream of Spanaway                               Pierce County.
                                       Loop Road S.
                                      Approximately 500 feet          +296         +297
                                       upstream of 138th
                                       Avenue S.

Swan Creek..........................  Approximately 110 feet          None         +323  Unincorporated Areas of
                                       upstream of 64th                                   Pierce County, City of
                                       Street E.                                          Tacoma.
                                      Approximately 330 feet          None         +419
                                       upstream of 12th
                                       Street E.
Wapato Creek I......................  Approximately 1860 feet         None          +12  City of Edgewood, City
                                       downstream of 12th                                 of Fife, City of
                                       Street E.                                          Puyallup, City of
                                                                                Tacoma, Unincorporated
                                                                                Areas of Pierce
                                                                                County.
                                      Approximately at 130            None          +40
                                       feet upstream of 7th
                                       Street NW.
Wapato Creek II.....................  Approximately at 1975           None          +40  City of Edgewood, City
                                       feet upstream of 114th                             of Puyallup,
                                       Avenue Ct E.                                       Unincorporated Areas
                                                                                of Pierce County.
                                      Approximately 1400 feet          +43          +49
                                       downstream of Todd
                                       Road NE (furthest
                                       downstream crossing).
White River.........................  Approximately 380 feet           +47          +51  City of Sumner, City of
                                       downstream of State                                Puyallup,
                                       Highway 410.                                       Unincorporated Areas
                                                                                of Pierce County.
                                      Approximately at 0.4            None          +74
                                       miles upstream of 8th
                                       Street E.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Bonney Lake
Maps are available for inspection at 19306 Bonney Lake Blvd, Bonney Lake, WA 98390.

City of Edgewood
Maps are available for inspection at 2221 Meridian East, Edgewood, WA 98371.

City of Fife
Maps are available for inspection at 5411 23rd St E, Fife, WA 98424.

City of Lakewood
Maps are available for inspection at 6000 Main St SW, Lakewood, WA 98499.

City of Puyallup
Maps are available for inspection at 330 3rd St SW, Puyallup, WA 98371.

City of Sumner
Maps are available for inspection at 1104 Maple St, Sumner, WA 98390.

City of Tacoma
Maps are available for inspection at 747 Market St, Ste. 1200, Tacoma, WA 98402.

Town of Eatonville
Maps are available for inspection at 201 Center St W, Eatonville, WA 98328.

Town of Gig Harbor
Maps are available for inspection at 3510 Grandview St, Gig Harbor, WA 98335.

Town of Orting
Maps are available for inspection at 110 Train St SE, Orting, WA 98360.

Town of Roy
Maps are available for inspection at 216 McNaught St S, Roy, WA 98580.

Town of South Prairie
Maps are available for inspection at 121 NW Washington St., South Prairie, WA 98385.

                                      Unincorporated Areas of Pierce County

Maps are available for inspection at 930 Tacoma Avenue S., Rm 737, Tacoma, WA 98402.
----------------------------------------------------------------------------------------------------------------

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

    Dated: November 28, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E7-23702 Filed 12-5-07; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Pages 59025-59027]
[FR Doc No: 2022-21159]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0417; FRL-10088-01-OCSPP]

Benzovindiflupyr; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
benzovindiflupyr in or on Vegetable, root, except sugar beet, subgroup
1B. Syngenta requested these tolerances under the Federal Food, Drug,
and Cosmetic Act (FFDCA).

DATES: This regulation is effective September 29, 2022. Objections and
requests for hearings must be received on or before November 28, 2022
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0417, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0417 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
November 28, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0417, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of September 22, 2021 (86 FR 52624) (FRL-
8792-03-OCSPP), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 1F8914) by Syngenta Crop Protection, LLC. The petition
requested that 40 CFR 180.686 be amended by establishing tolerances for
residues of the fungicide benzovindiflupyr, in or on vegetable, root,
except sugar beet, subgroup 1B, and ginseng, at 0.6 parts per million
(ppm). That document referenced a summary of the petition prepared by
Syngenta Crop Protection, LLC, the registrant, which is available in
the docket ID number EPA-HQ-OPP-2021-0417 at https://www.regulations.gov. There were no comments received in response to the
notice of filing.
    Based upon review of the data supporting the petition, EPA has
modified a commodity definition, established the tolerance at an
increased level, and removed the existing ginseng tolerance. The
reasons for these changes are explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has

reviewed the available scientific data and other relevant information
in support of this action. EPA has sufficient data to assess the
hazards of and to make a determination on aggregate exposure for
benzovindiflupyr including exposure resulting from the tolerances
established by this action. EPA's assessment of exposures and risks
associated with benzovindiflupyr follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemaking of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking and republishing the same sections is unnecessary.
EPA considers referral back to those sections as sufficient to provide
an explanation of the information EPA considered in making its safety
determination for the new rulemaking.
    EPA has previously published a number of tolerance rulemakings for
benzovindiflupyr, in which EPA concluded, based on the available
information, that there is a reasonable certainty that no harm would
result from aggregate exposure to benzovindiflupyr and established
tolerances for residues of that chemical. EPA is incorporating
previously published sections from those rulemakings as described
further in this rulemaking, as they remain unchanged.
    Toxicological profile. For a discussion of the toxicological
profile of benzovindiflupyr, see Unit III.A. of the June 22, 2018,
rulemaking (83 FR 29033) (FRL-9977-94).
    Toxicological points of departure/Levels of concern. For a summary
of the toxicological points of departure/levels of concern used for the
safety assessment, see Unit III.B. of the October 2, 2015, rulemaking
(80 FR 59627) (FRL-9933-03).
    Exposure assessment. Much of the exposure assessment remains the
same although updates have occurred to accommodate exposures from the
petitioned-for tolerance. These updates are discussed in this section;
for a description of the rest of the EPA approach to and assumptions
for the exposure assessment, please reference Unit III.C. of the June
22, 2018, rulemaking.
    EPA's dietary exposure assessments have been updated to include the
additional exposure from the new use of benzovindiflupyr on the
commodities in Vegetable, root, except sugar beet, subgroup1B. The
assessments used the same assumptions considering 100 percent crop
treated and tolerance-level residues as the June 22, 2018, final rule.
Drinking water exposures are not impacted by the new uses; the
estimated drinking water concentrations are the same as in the June 22,
2018, final rule.
    The proposed new use will not result in residential exposure,
although there are existing residential uses that were previously
assessed. The revisions to the residential exposure and risk
assessments in the June 22, 2018, final rule were described in the
February 9, 2021, final rule (86 FR 8704) (FRL-10017-32) and have not
changed since then.
    Section 408(b)(2)(D)(v) of FFDCA 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.'' Unlike other pesticides for which EPA
has followed a cumulative risk approach based on a common mechanism of
toxicity, EPA has not made a common mechanism of toxicity finding as to
benzovindiflupyr and any other substances and benzovindiflupyr does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has not assumed
that benzovindiflupyr has a common mechanism of toxicity with other
substances.
    Safety factor for infants and children. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor. See Unit III.D. of the
June 22, 2018, rulemaking for a discussion of the Agency's rationale
for that determination.
    Aggregate risks and Determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD
(cPAD). For linear cancer risks, EPA calculates the lifetime
probability of acquiring cancer given the estimated aggregate exposure.
Short-, intermediate-, and chronic-term risks are evaluated by
comparing the estimated aggregate food, water, and residential exposure
to the appropriate PODs to ensure that an adequate MOE exists.
    Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD: They are 16% of the aPAD for the general population and
43% of the aPAD for children 1 to 2 years old, the population subgroup
with the highest exposure estimate. Chronic dietary risks are below the
Agency's level of concern of 100% of the cPAD: They are 6.1% of the
cPAD for the general population and 20% of the cPAD for children 1 to 2
years old, the population subgroup with the highest exposure estimate.
Because the chronic dietary risks, which were quantified using a non-
linear (i.e., RfD) approach accounting for all chronic toxicity and any
potential carcinogenic effects, are below EPA's level of concern, the
Agency concludes that benzovindiflupyr will not pose a cancer risk. The
short-term aggregate MOE (food, water, and residential) is 487 for
children 1 to 2 years old. This MOE exceeds the target level of concern
of 100, so it is not of concern. There are no intermediate or long-term
residential exposures.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to benzovindiflupyr residues. More detailed
information about the Agency's analysis can be found at https://www.regulations.gov in the documents titled ``Benzovindiflupyr. Human
Health Risk Assessment for the Proposed New Food Use on Vegetable Root,
Subgroup 1B (except sugar beets)'' in docket ID number EPA-HQ-OPP-2021-
0417.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the June 22, 2018, rulemaking.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex has not established an MRL for residues of
benzovindiflupyr in or on Vegetable, root, except sugar beet, subgroup
1B.

C. Revisions to Petitioned-For Tolerances

    FFDCA section 408(d)(4)(A)(i) permits the Agency to finalize a
tolerance that varies from that sought by the petition. EPA is
establishing the tolerance at 0.6 ppm for residues of benzovindiflupyr
in or on Vegetable, root, except sugar beet,

subgroup 1B. The EPA determined a higher tolerance was required by
calculating the recommended tolerance for carrot and radish data
separately and using the highest recommended tolerance rather than
calculating the recommended tolerance using the combined carrot and
radish data as the registrant did. The Agency also revised the
commodity definition to use standard terminology for the subgroup.
    Additionally, the petition requested that ginseng be excluded from
the tolerance for subgroup 1B. However, rather than exclude ginseng
from this tolerance to avoid duplicative tolerances, EPA is removing
the established tolerance of 0.3 ppm for residues of benzovindiflupyr
in or on ginseng because it is included in the crop subgroup covered by
this tolerance.

V. Conclusion

    Therefore, a tolerance is established for residues of
benzovindiflupyr, in or on vegetable, root, except sugar beet, subgroup
1B at 0.6 ppm. In addition, EPA is removing the established tolerance
for residues of benzovindiflupyr in or on ginseng at 0.3 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 22, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.686, amend the table 1 to paragraph (a) by:
0
a. Removing the entry for ``Ginseng''; and
0
b. Adding in alphabetical order an entry ``Vegetable, root, except
sugar beet, subgroup 1B''.
    The addition reads as follows:

Sec.  180.686   Benzovindiflupyr; tolerances for residues

* * * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Vegetable, root, except sugar beet, subgroup 1B.........             0.6

                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-21159 Filed 9-28-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Page 52817]
[FR Doc No: 2015-21553]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-105, OMB Control No. 3235-0121]

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Form 18.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form 18 (17 CFR 249.218) is a registration form used by a foreign
government or political subdivision to register securities for listing
on a U.S. exchange. The information collected is intended to ensure
that the information required by the Commission to be filed permits
verification of compliance with securities law requirements and assures
the public availability of the information. Form 18 takes approximately
8 hours per response and is filed by approximately 5 respondents for a
total of 40 annual burden hours.
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collections of information
on respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: August 26, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21553 Filed 8-31-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Page 88065]
[FR Doc No: 2023-27879]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4881-000]

Fulcrum, LLC; Notice of Authorization for Continued Project
Operation

    The license for the Barber Dam Project No. 4881 was issued for a
period ending November 30, 2023.
    Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the
Commission, at the expiration of a license term, to issue from year-to-
year an annual license to the then licensee(s) under the terms and
conditions of the prior license until a new license is issued, or the
project is otherwise disposed of as provided in section 15 or any other
applicable section of the FPA. If the project's prior license waived
the applicability of section 15 of the FPA, then, based on section 9(b)
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth
at 18 CFR 16.21(a), if the licensee of such project has filed an
application for a subsequent license, the licensee may continue to
operate the project in accordance with the terms and conditions of the
license after the minor or minor part license expires, until the
Commission acts on its application. If the licensee of such a project
has not filed an application for a subsequent license, then it may be
required, pursuant to 18 CFR 16.21(b), to continue project operations
until the Commission issues someone else a license for the project or
otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 4881 is issued to
Fulcrum, LLC for a period effective December 1, 2023, through November
30, 2024, or until the issuance of a new license for the project or
other disposition under the FPA, whichever comes first. If issuance of
a new license (or other disposition) does not take place on or before
November 30, 2024, notice is hereby given that, pursuant to 18 CFR
16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that Fulcrum, LLC is authorized to continue operation of
the Barber Dam Project under the terms and conditions of the prior
license until the issuance of a subsequent license for the project or
other disposition under the FPA, whichever comes first.

    Dated: December 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-27879 Filed 12-19-23; 8:45 am]
BILLING CODE 6717-01-P