[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Proposed Rules]
[Page 12784-12791]
[DOCID:fr25mr09-58]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1041]

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 June 23, 2009.

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-1041, 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.
    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)
                                                                      Depth in
         Flooding source(s)              Location of referenced       feet above ground    Communities affected
                                               elevation**          [caret] Elevation in
                                                                        meters (MSL)
                                                                   ----------------------
                                                                    Effective   Modified
----------------------------------------------------------------------------------------------------------------
                                  Lamar County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Driver Creek........................  Approximately 3,318 feet           None       +261  Unincorporated Areas
                                       upstream of confluence of                           of Lamar County.
                                       Luxapallila Creek and
                                       Driver Creek.
                                      Approximately 3,810 feet           None       +265
                                       upstream of confluence of
                                       Luxapallila Creek and
                                       Driver Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 Lamar County
Maps are available for inspection at 4690 Hwy 17, Vernon, AL 35592.
----------------------------------------------------------------------------------------------------------------
                                 Marion County, Alabama, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Unnamed Tributary to Reedy Creek....  At the confluence of Reedy         None       +458  Town of Gu-Win.
                                       Creek.
                                      Approximately 1,825 feet           None       +459
                                       upstream of the confluence
                                       with Reedy Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** 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

                                                 Town of Gu-Win
Maps are available for inspection at 4835 U.S. Hwy 43, Gu-Win, AL 35563.
----------------------------------------------------------------------------------------------------------------
                                  Lee County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Kyte River..........................  Approximately 1,080 feet           None       +770  Unincorporated Areas
                                       west of Thorpe Road.                                of Lee County.
                                      Approximately 125 feet west        None       +771
                                       of Illinois Route 251.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 Zoning Office, Old Lee County Courthouse, Third Floor, 112 E.
 Second Street, Dixon, IL 61021.
----------------------------------------------------------------------------------------------------------------
                         St. John The Baptist Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Lac Des Alemands...............  Entire shoreline and               None       +6-7  Unincorporated Areas
                                       extending approximately                             of St. John The
                                       6,000 feet landward of the                          Baptist Parish.
                                       entire lake.
                                      Starting with the Texas and        None       +3-6
                                       Pacific Railroad and
                                       continuing both East and
                                       West to the Parish Lines
                                       and South to Lake Lac Des
                                       Alemands and the Southern
                                       Parish line. Also, two
                                       small areas North of the
                                       railroad are included.
Lake Maurepas.......................  Along the shoreline of Lake        None      +9-12  Unincorporated Areas
                                       Maurepas starting at the                            of St. John The
                                       Parish Line and continuing                          Baptist Parish.
                                       along the coastline East to
                                       Lake Pontchartrain and
                                       extending landward
                                       approximately 2,000 feet.

                                      Covering an area extending         None      +3-13
                                       West from Interstate 55
                                       North and following the
                                       shoreline of Lake Maurepas
                                       to the Parish boundary and
                                       extending south to
                                       approximately Highway 61.
Lake Pontchartrain..................  Covering an area extending         None     +10-13  Unincorporated Areas
                                       East from Interstate 55                             of St. John The
                                       North to the Western Coast                          Baptist Parish.
                                       of Lake Pontchartrain and
                                       extending North from I-10
                                       to the Parish Boundary on
                                       Interstate 55 North.
                                      Along the shoreline of Lake        None     +12-17
                                       Pontchartrain starting at
                                       the Northern peninsula and
                                       continuing south to
                                       Interstate 10 and extending
                                       landward approximately
                                       6,000 feet.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** 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 St. John The Baptist Parish
Maps are available for inspection at 1801W. Airline Hwy., La Place, LA 70068.
----------------------------------------------------------------------------------------------------------------
                                 Wayne County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Apple Run/Horner Drain..............  Confluence with Sines Drain.       None       +688  Township of Canton.
                                      Downstream side of Beck Road       None       +689  Township of Van Buren.
Bakewell Tile Extension Bell Branch.  Confluence with Bell Branch.       None       +671  City of Livonia.
                                      Downstream side of Newburgh        None       +672
                                       Road.
                                      Upstream side of Ellen Drive       None       +654  City of Livonia.
                                      Downstream side of 5 Mile          None       +671
                                       Road.
Belleville Lake.....................  Entire shoreline of                None       +653  City of Belleville,
                                       Belleville Lake.                                    Township of Van
                                                                                Buren.
Bingell Drain.......................  Upstream side of Hannan Road       None       +662  Township of Canton.
                                      Approximately 30 feet              None       +663
                                       upstream of Hannan Road.
Bird Marsh Drain....................  Confluence with Day and            None       +666  Township of Sumpter.
                                       Cutter Drain.
                                      Downstream side of Judd Road       None       +676
Blakely Drain.......................  Approximately 575 feet west        None       +610  Charter Township of
                                       of Telegraph Road and just                          Brownstown.
                                       south of Pennsylvania Road.
                                      Approximately 400 feet west        None       +612
                                       of Beech Daly Road and just
                                       south of Pennsylvania Road.
                                      Just upstream of                   None       +615
                                       Pennsylvania Road.
                                      Approximately 50 feet              None       +615
                                       upstream of Pennsylvania
                                       Road.
Blakely Drain.......................  Upstream side of King Road..       None       +593  City of Riverview.
                                      Approximately 300 feet east        None       +593
                                       of Cascade Drive.
Bradshaw Drain......................  Upstream side of Oakville-         None       +642  Township of Sumpter.
                                       Waltz Road.
                                      Downstream side of                 None       +667
                                       Rawsonville Road.
Branch No. 1 Mosquito Drain.........  Confluence with Mosquito           None       +624  Township of Sumpter.
                                       Drain.
                                      Approximately 0.7 mile             None       +627  Township of Huron.
                                       upstream of Arkona Road.
Brooks Drain........................  Confluence with Huron River.       None       +616  Township of Sumpter.
                                      Downstream side of Haggerty        None       +655
                                       Road.
Brownstown Creek....................  Approximately 1500 feet            None       +599  Charter Township of
                                       upstream of Gudith Road.                            Brownstown, City of
                                                                                Woodhaven.
                                      Approximately 0.7 mile             None       +615
                                       downstream of Sibley Road.
Brownstown Creek....................  Approximately 500 feet             +577       +578  City of Gibraltar.
                                       downstream of Gibraltar
                                       Road.
                                      Approximately 700 feet             +577       +578
                                       upstream of Gibraltar Road.
Carroll Drain.......................  Confluence with Burnap Drain       None       +631  Township of Sumpter.
                                      Downstream side of                 None       +638
                                       Martinsville Road.
Clark-Morey Drain...................  Confluence with Lords Drain.       None       +631  Township of Sumpter.
                                      Approximately 200 feet             None       +645
                                       downstream of Arkona Road.
Day and Cutter Drain................  Confluence with Bradshaw           None       +666  Township of Sumpter.
                                       Drain.

                                      Downstream side of Judd Road       None       +674
Deacon Drain........................  Approximately 75 feet              None       +583  City of Detroit.
                                       northeast of the
                                       intersection of Ethel
                                       Street and Outer Drive.
                                      Approximately 175 feet             None       +583
                                       northeast of the
                                       intersection of Bassett
                                       Street and Outer Drive.
Denton & Branch Drain...............  Confluence with Apple Run...       None       +688  Township of Van Buren.
                                      Approximately 1,650 feet           None       +688
                                       upstream of Beck Road.
Desbrow Drain.......................  Upstream side of Oakville-         None       +625  Township of Sumpter.
                                       Waltz Road.
                                      Downstream side of Judd Road       None       +674
Detroit River.......................  Confluence with Lake Erie...       +577       +578  Charter Township of
                                                                                Brownstown, City of
                                                                                Detroit, City of
                                                                                Ecorse, City of
                                                                                Gibraltar, City of
                                                                                Grosse Pointe Park,
                                                                                City of River Rouge,
                                                                                City of Wyandotte,
                                                                                Township of Grosse
                                                                                Ile.
                                      Confluence with Lake St.           +578       +579
                                       Clair.
Ecorse Creek........................  Confluence with Detroit            +577       +578  City of Ecorse, City
                                       River.                                              of Lincoln Park.
                                      Confluence with North Branch       +577       +578
                                       Ecorse Creek and South
                                       Branch Ecorse Creek.
Ecorse Creek........................  Confluence with Detroit            +577       +578  City of Wyandotte.
                                       River.
                                      Approximately 200 feet             +577       +578
                                       downstream of confluence
                                       with Sexton-Kilfoil Drain.
Fellows Creek.......................  At confluence with Lower           None       +654  Township of Canton.
                                       River Rouge.
                                      Approximately 175 feet             +687       +688
                                       downstream of Canton Center
                                       Road.
Frank and Poet Drain................  Approximately 1,150 feet           +577       +578  City of Gibraltar.
                                       downstream of Gibraltar
                                       Road.
                                      Approximately 225 feet             +577       +578
                                       downstream of Railroad.
Frank and Poet Drain................  Approximately 80 feet              None       +601  City of Southgate.
                                       southeast of Allen Road and
                                       Orchard Avenue.
                                      Approximately 275 feet             None       +601
                                       southeast of Allen Road and
                                       Orchard Avenue.
Frank and Poet Drain................  Upstream side of Eureka Road       +606       +605  City of Taylor.
                                      Downstream side of Inkster         +624       +623
                                       Road.
Frenchman Creek.....................  Confluence with Detroit            +577       +578  Township of Grosse
                                       River.                                              Ile.
                                      Approximately 0.7 mile             +577       +578
                                       upstream of Groh Road.
Green Meadow Drain..................  Confluence with Tonquish           +683       +684  Township of Canton.
                                       Creek.
                                      Approximately 850 feet             +687       +686
                                       upstream of Morton Taylor
                                       Road.
Handler Drain.......................  Confluence with Trenton            +577       +578  City of Gibraltar,
                                       Channel.                                            City of Trenton.
                                      Upstream side of Toledo            +577       +578
                                       Avenue.
Head Drain..........................  Downstream side of Bemis           None       +670  Township of Sumpter,
                                       Road.                                               Township of Van
                                                                                Buren.
                                      Downstream side of Lohr Road       None       +684
Huntington Creek....................  Confluence with Trenton            +577       +579  City of Riverview.
                                       Channel.
                                      Approximately 1,250 feet           +578       +579
                                       downstream of Electric
                                       Avenue.
Huntington Creek....................  Approximately 60 feet east         None       +583  City of Wyandotte.
                                       of the intersection of
                                       Pennsylvania Avenue and
                                       13th Street.
                                      Approximately 50 feet east         None       +583
                                       of the intersection of
                                       Pennsylvania Avenue and
                                       13th Street.
Huron River.........................  Confluence with Lake Erie...       +577       +578  Charter Township of
                                                                                Brownstown.
                                      Approximately 0.75 mile            +577       +578
                                       northwest of the
                                       intersection of Jefferson
                                       Avenue and Harbin Road.
Huron River.........................  Approximately 1,450 feet           None       +597  Township of Huron.
                                       southeast of the
                                       intersection of Huron River
                                       Drive and River Lane.
                                      Approximately 1,300 feet           None       +597
                                       southeast of the
                                       intersection of Huron River
                                       Drive and River Lane.
Jefferson Ave Diversion.............  Confluence with Trenton            +577       +579  City of Riverview.
                                       Channel.
                                      Downstream side of Jefferson       +578       +579
                                       Avenue.
Johnson Drain.......................  Approximately 300 feet             None       +788  Charter Township of
                                       upstream of Fairbrook.                              Plymouth, Township of
                                                                                Northville.
                                      Approximately 0.8 mile             +841       +840
                                       upstream of 5 Mile Road.

Johnson Drain Tributary.............  Confluence with Johnson            None       +811  Township of
                                       Drain.                                              Northville.
                                      Approximately 0.5 mile             None       +857
                                       upstream of 7 Mile Road.
Jones Drain.........................  Confluence with Huron River.       +577       +578  Charter Township of
                                                                                Brownstown.
                                      Downstream side of Main Park       +577       +578
                                       Road.
King Drain..........................  Confluence with North Branch       None       +633  Township of Sumpter.
                                       Swan Creek.
                                      Approximately 0.6 mile             None       +637
                                       downstream of Judd Road.
Lake Erie...........................  Entire shoreline of Lake           +577       +578  Charter Township of
                                       Erie within Wayne County.                           Brownstown.
Lake St. Clair......................  Entire shoreline of Lake St.       None       +579  City of Grosse Pointe
                                       Clair within Wayne County.                          Farms, City of Grosse
                                                                                Pointe.
Lake St. Clair......................  Entire shoreline of Lake St.       +578       +579  Village of Grosse
                                       Clair within Wayne County.                          Pointe Shores, City
                                                                                of Grosse Pointe
                                                                                Park.
Lamke Drain.........................  Confluence with Bradshaw           None       +647  Township of Sumpter.
                                       Drain.
                                      Downstream side of Sherwood        None       +651
                                       Road.
Lords Drain.........................  Confluence with Disbrow            None       +628  Township of Sumpter.
                                       Drain.
                                      Downstream side of Sumpter         None       +639
                                       Road.
Lower River Rouge...................  Upstream side of Hannan Road       None       +653  Township of Canton.
                                      Upstream side of Ridge Road.       None       +713
Marsh Creek.........................  Approximately 400 feet south       None       +586  City of Trenton.
                                       of Van Horn Road.
                                      Upstream side of Van Horn          None       +586
                                       Road.
                                      Approximately 1400 feet            None       +589
                                       northwest of the
                                       intersection of Marian
                                       Drive and Longmeadow Drive.
McClaughrey Drain...................  Downstream side of Van Born        None       +663  City of Wayne, City of
                                       Road.                                               Romulus, Township of
                                                                                Van Buren.
                                      Downstream side of N I-275..       None       +669
Morrison Drain......................  Confluence with Silver Creek       +577       +578  Charter Township of
                                                                                Brownstown.
                                      Approximately 700 feet             +577       +578
                                       downstream of Woodruff Road.
Mosquito Drain......................  Upstream side of Clark Road.       None       +624  Township of Huron,
                                                                                Township of Sumpter.
                                      Downstream side of Haggerty        None       +628
                                       Road.
Mott Drain..........................  Downstream side of Sheldon         None       +672  Township of Canton.
                                       Road.
                                      Confluence with Lower River        None       +672
                                       Rouge.
No. 1 Drain.........................  Confluence with North Branch       None       +648  Township of Sumpter.
                                       Swan Creek.
                                      Approximately 110 feet             None       +652
                                       downstream of Willis Road.
No. 3 Drain.........................  Confluence with North Branch       None       +656  Township of Sumpter.
                                       Swan Creek.
                                      Downstream side of Clay Road       None       +658
North Branch Ecorse Creek...........  Confluence with Ecorse Creek       +577       +578  City of Ecorse, City
                                                                                of Lincoln Park.
                                      Approximately 1,300 feet           +577       +578
                                       downstream of Mill Street.
North Branch Ecorse Creek...........  Approximately 90 feet              None       +591  City of Melvindale.
                                       downstream of Frank Avenue.
                                      Approximately 500 feet east        None       +594
                                       of Enterprise Drive.
North Branch Swan Creek (lower).....  Downstream side of Clark           None       +626  Township of Huron,
                                       Road.                                               Township of Sumpter.
                                      Downstream side of Judd Road       None       +645
North Branch Swan Creek (upper).....  Upstream side of Elwell Road       None       +677  Township of Sumpter,
                                                                                Township of Van
                                                                                Buren.
                                      Downstream side of                 None       +689
                                       Rawsonville Road.
Olmstead Drain......................  Confluence with Smith Creek.       None       +587  City of Flat Rock.
                                      Downstream side of Olmstead        None       +587
                                       Road.
Pickering Drain.....................  Confluence with North Branch       None       +632  Township of Sumpter.
                                       Swan Creek.
                                      Upstream side of Haggerty          None       +632
                                       Road.
River Rouge.........................  Confluence with Detroit            None       +578  City of Detroit.
                                       River.
                                      Approximately 0.5 mile             None       +578
                                       upstream of Jefferson
                                       Avenue.
River Rouge.........................  Confluence with Detroit            +577       +578  City of River Rouge.
                                       River.
                                      Approximately 0.5 mile             +577       +578
                                       upstream of Jefferson
                                       Avenue.
Shortcut Canal......................  Confluence with Detroit            +577       +578  City of River Rouge.
                                       River.
                                      Confluence with River Rouge.       +577       +578
Silver Creek........................  Approximately 400 feet             +577       +578  Charter Township of
                                       downstream of Jefferson                             Brownstown, City of
                                       Avenue.                                             Rockwood
                                      Downstream side of Railroad.       +577       +578

Silver Creek........................  Approximately 1,300 feet           None       +586  City of Rockwood.
                                       southwest of the
                                       intersection of Woodruff
                                       Road and Torry Avenue.
                                      Approximately 1,650 feet           None       +586
                                       southwest of the
                                       intersection of Woodruff
                                       Road and Torry Avenue.
Sines Drain.........................  Confluence with Lower River        None       +667  Township of Canton,
                                       Rouge.                                              Township of Van
                                                                                Buren.
                                      Downstream side of Mott Road       None       +707
Smith Creek (lower).................  Confluence with Silver Creek       +577       +578  Charter Township of
                                                                                Brownstown, City of
                                                                                Rockwood.
                                      Downstream side of Huron           +577       +578
                                       River Drive.
Smith Creek (lower).................  Upstream side of S I-75.....       None       +587  City of Flat Rock,
                                                                                Charter Township of
                                                                                Brownstown, City of
                                                                                Woodhaven.
                                      Approximately 875 feet             None       +599
                                       downstream of Telegraph
                                       Road.
Smith Creek (upper).................  Upstream side of Beech Daly        None       +607  Charter Township of
                                       Road.                                               Brownstown, Township
                                                                                of Huron.
                                      Upstream side of Inkster           None       +616
                                       Road.
Smith Drain.........................  Upstream side of Puritan           None       +617  City of Detroit.
                                       Street.
                                      Approximately 160 feet             None       +617
                                       upstream of Puritan Street.
South Branch Tonquish Creek.........  Upstream side of Main Street       +707       +703  Charter Township of
                                                                                Plymouth, City of
                                                                                Plymouth.
                                      Downstream of Beck Road.....       None       +790
Thorofare Canal.....................  Confluence with Trenton            +577       +578  Township of Grosse
                                       Channel.                                            Ile.
                                      Confluence with Detroit            +577       +578
                                       River.
Tonquish Creek......................  Approximately 300 feet             None       +660  Township of Canton,
                                       downstream of Holiday                               Charter Township of
                                       Boulevard.                                          Plymouth, City of
                                                                                Plymouth.
                                      Downstream side of                 None       +770
                                       Territorial Road.
Tonquish Creek......................  Approximately 1,100 feet           None       +636  City of Livonia.
                                       downstream of Wayne Road.
                                      Approximately 700 feet             None       +636
                                       downstream of Wayne Road.
Travis Drain........................  Confluence with Willow Creek       None       +680  Township of Canton.
                                      Downstream side of Sheldon         None       +680
                                       Road.
Trenton Channel.....................  Confluence with Lake Erie...       +577       +578  City of Gibraltar,
                                                                                City of Riverview,
                                                                                City of Trenton, City
                                                                                of Wyandotte,
                                                                                Township of Grosse
                                                                                Ile.
                                      Confluence with Detroit            +577       +579
                                       River.
Upper River Rouge...................  Confluence with River Rouge.       None       +617  City of Detroit,
                                                                                Township of Redford.
                                      Approximately 1,800 feet           +626       +625
                                       upstream of 6 Mile Road.
Weightman and Branch Drain..........  Confluence with North Branch       None       +638  Township of Sumpter.
                                       Swan Creek.
                                      Approximately 0.5 mile             None       +638
                                       upstream of North Branch
                                       Swan Creek.
Willow Creek........................  Approximately 1,800 feet           +668       +669  Township of Canton.
                                       upstream of Lotz Road.
                                      Downstream side of Canton          +707       +702
                                       Center Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** 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
Charter Township of Brownstown
Maps are available for inspection at 21313 Telegraph Road, Brownstown, MI 48183.

Charter Township of Plymouth
Maps are available for inspection at 9955 North Haggerty Road, Plymouth, MI 48170.

City of Belleville
Maps are available for inspection at 6 Main Street, Belleville, MI 49615.

City of Detroit

Maps are available for inspection at 660 Woodward Avenue, Suite 1800, Detroit, MI 48226.

City of Ecorse
Maps are available for inspection at 3869 West Jefferson Avenue, Ecorse, MI 48229.

City of Flat Rock
Maps are available for inspection at 25500 Gibraltar Road, Flat Rock, MI 48134.

City of Gibraltar
Maps are available for inspection at 29450 Munro Avenue, Gibraltar, MI 48173.

City of Grosse Pointe
Maps are available for inspection at 17147 Maumee Avenue, Grosse Pointe, MI 48230.

City of Grosse Pointe Farms
Maps are available for inspection at 90 Kerby Road, Grosse Pointe Farms, MI 48236.

City of Grosse Pointe Park
Maps are available for inspection at 15115 East Jefferson Avenue, Grosse Pointe Park, MI 48230.

City of Lincoln Park
Maps are available for inspection at 500 Southfield Road, Lincoln Park, MI 48146.

City of Livonia
Maps are available for inspection at 33000 Civic Center Drive, Livonia, MI 48154.

City of Melvindale
Maps are available for inspection at 3100 Oakwood Boulevard, Melvindale, MI 48122.

City of Plymouth
Maps are available for inspection at 201 South Main Street, Plymouth, MI 48170.

City of River Rouge
Maps are available for inspection at 10600 W. Jefferson Avenue, River Rouge, MI 48218.

City of Riverview
Maps are available for inspection at 14100 Civic Park Drive, Riverview, MI 48193.

City of Rockwood
Maps are available for inspection at 32409 Fort Road, Rockwood, MI 48173.

City of Romulus
Maps are available for inspection at 11111 Wayne Road, Romulus, MI 48174.

City of Southgate
Maps are available for inspection at 14400 Dix-Toledo Highway, Southgate, MI 48195.

City of Taylor
Maps are available for inspection at 25605 Northline Road, Taylor, MI 48180.

City of Trenton
Maps are available for inspection at 2674 West Jefferson, Trenton, MI 48183.

City of Wayne
Maps are available for inspection at 4001 South Wayne Road, Wayne, MI 48184.

City of Woodhaven
Maps are available for inspection at 21869 West Road, Woodhaven, MI 48183.

City of Wyandotte
Maps are available for inspection at 3131 Biddle Avenue, Wyandotte, MI 48192.

Township of Canton
Maps are available for inspection at 1150 South Canton Center Road, Canton, MI 48188.

Township of Grosse Ile
Maps are available for inspection at 9601 Groh Road, Grosse Ile, MI 48138.

Township of Huron
Maps are available for inspection at 22950 Huron River Drive, New Boston, MI 48164.

Township of Northville
Maps are available for inspection at 44405 Six Mile Road, Northville, MI 48168.

Township of Redford
Maps are available for inspection at 12200 Beech Daly Road, Redford, MI 48239.

Township of Sumpter
Maps are available for inspection at 23480 Sumpter Road, Belleville, MI 48111.

Township of Van Buren
Maps are available for inspection at 46425 Tyler Road, Belleville, MI 48111.

Village of Grosse Pointe Shores
Maps are available for inspection at 795 Lake Shore Road, Grosse Pointe Shores, MI 48236.
----------------------------------------------------------------------------------------------------------------

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

    Dated: February 26, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-6586 Filed 3-24-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27526-27528]
[FR Doc No: 2022-09726]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0573; FRL-9453-01-R9]

Air Plan Approval; California; Mojave Desert Air Quality
Management District, Placer County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Mojave Desert Air Quality Management
District (MDAQMD) and the Placer County Air Pollution Control District
(PCAPCD) portions of the California State Implementation Plan (SIP).
These revisions concern emissions of volatile organic compounds (VOCs)
from metal coating operations and general regulatory definitions. We
are also finalizing the rescission of South Coast Air Quality
Management District (SCAQMD) Rule 1107, Coating of Metal Parts and
Products, as it applies to the Riverside County portion of the MDAQMD.
We are approving these revisions, including local rules and a
rescission, under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on June 8, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0573. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On May 20, 2021,\1\ the EPA proposed to approve the following rules
into the California SIP.
---------------------------------------------------------------------------

    \1\ 86 FR 27344.

----------------------------------------------------------------------------------------------------------------
         Local agency            Rule No.      Rule title              Amended                  Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD.......................         1115  Metal Parts &     June 8, 2020............  July 24, 2020.
                                             Products
                                             Coating
                                             Operations.
PCAPCD.......................          102  Definitions.....  June 11, 2020...........  July 24, 2020.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements.
    In addition to replacing the previous versions of the submitted
rules listed in Table 1, the EPA proposed to rescind South Coast Air
Quality Management District (SCAQMD) Rule 1107, Coating of Metal Parts
and Products, as it applies to the Riverside County portion of the
MDAQMD, as requested by the California Air Resources Board (CARB).\2\
---------------------------------------------------------------------------

    \2\ CARB's rescission request cites to four Code of Federal
Regulations (CFR) provisions for SCAQMD Rule 1107; however, since
three of the CFR provisions are previous versions of the Rule that
were replaced by more recent versions, and are therefore no longer
in the SIP, EPA is interpreting this as a request to remove the
latest (and only) version of SCAQMD Rule 1107 applicable in the
Riverside County portion of the MDAQMD, namely, the version
submitted on May 13, 1993, and listed at 40 CFR
52.220(c)(193)(i)(A)(1).
---------------------------------------------------------------------------

    In our May 20, 2021 proposal, the EPA also proposed to approve
revisions to SCAQMD Rule 1107; however, we are not finalizing that
action at this time. Our proposed action contains more information on
the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
We received three comments during this period, and each one was
supportive of this proposed action.

III. EPA Action

    No comments were submitted that change our assessment of the rules
and rule rescission discussed above and as described in our proposed
action. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is fully approving these rules and rule rescission into the
California SIP

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In

accordance with requirements of 1 CFR 51.5, the EPA is finalizing the
incorporation by reference of the MDAQMD and the PCAPCD rules described
in section I. of this preamble and set forth below in the amendments to
40 CFR part 52. The EPA has made, and will continue to make, these
documents available through www.regulations.gov and at the EPA Region
IX Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 8, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 29, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(193)(i)(A)(4),
(c)(419)(i)(B)(2), (c)(518)(i)(A)(6), and (c)(571) to read as follows:

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (193) * * *
    (i) * * *
    (A) * * *
    (4) Previously approved on February 1, 1984 in paragraph
(c)(193)(i)(A)(1) of this section and now deleted without replacement
for implementation in the Mojave Desert Air Quality Management District
(Riverside County), Rule 1107.
* * * * *
    (419) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on January 31, 2013 in paragraph
(c)(419)(i)(B)(1) of this section and now deleted with replacement in
(c)(571)(i)(B)(1), Rule 102, ``Definitions,'' amended February 9, 2012.
* * * * *
    (518) * * *
    (i) * * *
    (A) * * *
    (6) Previously approved on February 27, 2020 in paragraph
(c)(518)(i)(A)(2) of this section and now deleted with replacement in
(c)(571)(i)(A)(1), Rule 1115, ``Metal Parts and Products Coating
Operations,'' amended on January 22, 2018.
* * * * *
    (571) Amended regulations for the following APCDs were submitted on
July 24, 2020 by the Governor's designee as an attachment to a letter
dated July 23, 2020.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1115, ``Metal Parts and Products Coating Operations,''
amended on June 8, 2020.

    (2) [Reserved]
    (B) Placer County Air Pollution Control District.
    (1) Rule 102, ``Definitions,'' amended on June 11, 2020.
    (2) [Reserved]
    (ii) [Reserved]

[FR Doc. 2022-09726 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Notices]
[Page 54339]
[FR Doc No: 2018-23534]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP19-108-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Conoco 911441
to be effective 11/1/2018.
    Filed Date: 10/22/18.
    Accession Number: 20181022-5053.
    Comments Due: 5 p.m. ET 11/5/18.

    Docket Numbers: RP19-109-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Compliance filing Negotiated Rate and Non-Conforming-
Calpine to be effective 11/1/2018.
    Filed Date: 10/22/18.
    Accession Number: 20181022-5196.
    Comments Due: 5 p.m. ET 11/5/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 23, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-23534 Filed 10-26-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Rules and Regulations]
[Pages 57341-57343]
[FR Doc No: 2019-23384]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2018-0599; FRL-9998-88]

Sulfoxaflor; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
sulfoxaflor in or on rice grain, rice hulls, and avocados. Dow
AgroSciences LLC requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 25, 2019. Objections and
requests for hearings must be received on or before December 24, 2019,
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-2018-0599, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 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 is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    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 Government
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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-2018-0599 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
December 24, 2019. 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-2018-0599, by one of
the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of June 7, 2019 (84 FR 26630) (FRL-9993-
93), 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
4F8338) by Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN
46268. The petition requested that 40 CFR part 180 be amended by
establishing tolerances for residues of sulfoxaflor (1-(6-
trifluoromethylpyridin-3-yl)ethyl)(methyl)-oxido-l4-
sulfanylidenecyyanamide), in or on the following raw agricultural
commodities: Rice, grain at 5 parts per million (ppm); rice, straw at 5
ppm; rice, hulls at 14 ppm; and avocado, whole fruit at 0.15 ppm.
    One comment was received on the notice of filing. EPA's response to
this comment is discussed in Unit IV.C.

    Based upon review of the data supporting the petition, EPA is
establishing tolerances that vary from what the petitioner requested,
as authorized under FFDCA section 408(d)(4)(A)(i). EPA's explanation
for those variations are contained in Unit IV.D.

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 sulfoxaflor in or on rice and
avocado.
    On July 24, 2019, EPA published a final rule establishing a
tolerance for residues of sulfoxaflor in or on multiple commodities
based on the Agency's conclusion that those tolerances are safe for the
general population, including infants and children (84 FR 35546) (FRL-
9995-63). EPA's exposure assessment supporting the July 24, 2019 final
rule included exposure from use of sulfoxaflor on both avocado and rice
commodities, but these tolerances were not established at the time
because a Notice of Filing for the petition for these commodities was
still pending and the statutory public comment period was still open.
Because the toxicity profile of sulfoxaflor has not changed since that
rule was published, and because residues of sulfoxaflor on both avocado
and rice were included in the dietary exposure and risk assessment
supporting that rule, EPA is incorporating the findings in the preamble
to that July 24, 2019 final rule into this rulemaking.
    Further information about EPA's risk assessment and determination
of safety supporting the tolerances established in the July 24, 2019
Federal Register action, as well as the new sulfoxaflor tolerances on
rice and avocado can be found at http://www.regulations.gov in the
documents entitled: ``Sulfoxaflor. Human Health Risk Assessment for New
Food Uses on Numerous Crops, Ornamentals Growing in Greenhouses and
Nurseries and Tree Farms and Plantations'' and ``Sulfoxaflor. Human
Health Risk Assessment for New Food Uses on Artichoke, Asparagus,
Bushberry, Caneberry and Sunflower, and Multiple Crop Group
Conversions.'' The documents may be found in docket ID numbers EPA-HQ-
OPP-2018-0599 and EPA-HQ-OPP-2018-0179.
    Therefore, based on the risk assessments and information described
above, EPA concludes that there is a reasonable certainty that no harm
will result to the general population, or to infants and children from
aggregate exposure to sulfoxaflor residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    High performance liquid chromatographic methods with positive-ion
electro spray interface (ESI) and tandem mass spectrometric detection
(LC/MS/MS) were previously reviewed and found to be acceptable for
tolerance enforcement of sulfoxaflor residues (the two metabolites,
X11719474 and X11721061, are also quantitated). The limit of
quantitation (LOQ), determined as the lowest level of method validation
(LLMV), is 0.010 ppm in all matrices.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
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 Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for sulfoxaflor in or on
avocados or rice.

C. Response to Comments

    One comment was received that stated in part that tolerance levels
should be zero because people do not need to be exposed to more poison.
Although the Agency recognizes that some individuals believe that
pesticides should be banned on agricultural crops, the existing legal
framework provided by section 408 of the Federal Food, Drug and
Cosmetic Act (FFDCA) authorizes EPA to establish tolerances when it
determines that the tolerance is safe. Upon consideration of the
validity, completeness, and reliability of the available data as well
as other factors the FFDCA requires EPA to consider, EPA has determined
that these sulfoxaflor tolerances are safe. The commenter has provided
no information supporting a contrary conclusion.

D. Revisions to Petitioned-For Tolerance

    Although proposed by the petitioner, a tolerance is not being
established on rice straw because the Agency no longer considers this
commodity a significant livestock feed item, per the Chemistry Science
Advisory Council (ChemSAC) memorandum on livestock feed (Revisions of
Feedstuffs in Table 1 of OPPTS Test Guideline 860.1000 and Guidance on
Constructing Maximum Reasonably Balanced Diets (MRBD); ChemSAC; 30 June
2008). Also, based on results of the rice processing study, the Agency
is establishing a tolerance of 15 ppm on rice hulls, rather than at 14
ppm as requested. This is in accordance with the pertinent rounding
class of the Organization for Economic Development and Cooperation
(OECD) tolerance calculation procedure.

V. Conclusion

    Therefore, tolerances are established for residues of sulfoxaflor
in or on avocado at 0.15 ppm; rice, grain at 5 ppm; and rice, hulls at
15 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), nor is
it considered a regulatory action under Executive Order 13771, entitled
``Reducing Regulations and Controlling Regulatory Costs'' (82 FR 9339,
February 3, 2017). 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 tolerances 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 30, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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.  180.668,
0
i. Add alphabetically entries for ``Avocado''; ``Rice, grain''; and
``Rice, hulls'' to the table in paragraph (a) to read as follows:

Sec.  180.668   Sulfoxaflor; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Avocado.................................................            0.15

                                * * * * *
Rice, grain.............................................               5
Rice, hulls.............................................              15

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

* * * * *
[FR Doc. 2019-23384 Filed 10-24-19; 8:45 am]
BILLING CODE 6560-50-P