[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Rules and Regulations]
[Pages 43923-43933]
[FR Doc No: 2011-18627]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

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

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

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                                                                                *Elevation in
                                                                                feet  (NGVD)
                                                                                +Elevation in
                                                                                feet  (NAVD)
                                                                                Depth
            State              City/town/county          Source of flooding                              Location                         in feet above
                                                                                ground
                                                                                [caret]Elevation
                                                                                in meters (MSL)
                                                                                Modified
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      City of Hampton, Virginia (Independent City)
                                                                 Docket No.: FEMA-B-1097
--------------------------------------------------------------------------------------------------------------------------------------------------------
Virginia.....................  City of Hampton.  Newmarket Creek..................  Approximately 275 feet downstream of Big Bethel                 +9
                                                                                Road.
                                                                                Approximately 20 feet upstream of the confluence               +22
                                                                                with Newmarket Creek Tributary.
                               City of Hampton.  Newmarket Creek Tributary........  At the confluence with Newmarket Creek............             +22
                                                                                Approximately 30 feet downstream of I-64..........             +22
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*National Geodetic Vertical Datum.
+North American Vertical Datum.
Depth in feet above ground.
[caret]Mean Sea Level, rounded to the nearest 0.1 meter.

                                                                        ADDRESSES
City of Hampton
Maps are available for inspection at the Central Permits Office, 22 Lincoln Avenue, Hampton, VA 23669.
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                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                  Fayette County, Iowa, and Incorporated Areas
                                             Docket No.: FEMA-B-1122
----------------------------------------------------------------------------------------------------------------
Otter Creek (City of Elgin)............  Approximately 1,550 feet                +804  Unincorporated Areas of
                                          upstream of Cedar Road.                       Fayette County.
                                         Approximately 80 feet                   +831
                                          downstream of Mill
                                          Street.
Otter Creek (City of Oelwein)..........  Approximately 460 feet                 +1004  Unincorporated Areas of
                                          upstream of West Charles                      Fayette County.
                                          Street.
                                         At the City of Oelwein                 +1019
                                          corporate limit,
                                          approximately 1.4 miles
                                          upstream of Lake Oelwein
                                          Dam.
Turkey River...........................  Approximately 0.3 mile                  +802  Unincorporated Areas of
                                          downstream of Center                          Fayette County.
                                          Street.
                                         Approximately 1.6 miles                 +809
                                          upstream of Center
                                          Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                     Unincorporated Areas of Fayette County
Maps are available for inspection at the Fayette County Courthouse, 114 North Vine Street, West Union, IA 52175.
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                                   Ingham County, Michigan (All Jurisdictions)
                                             Docket No.: FEMA-B-1122
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Deer Creek.............................  At CSX Railway...........               +864  City of Williamston,
                                                                                Township of Wheatfield.
                                         Approximately 0.4 mile                  +864
                                          upstream of Wallace
                                          Street.
Moon and Hamilton County Drain.........  At the Detention Area F                 +861  City of Lansing.
                                          Control Structure.
                                         At I-96/69...............               +863
Red Cedar River........................  Approximately 1.4 miles                 +868  City of Williamston,
                                          upstream of the upstream                      Township of Leroy,
                                          crossing of North Putnam                      Township of Locke,
                                          Street.                                       Township of Wheatfield,
                                                                                Township of
                                                                                Williamstown, Village of
                                                                                Webberville.
                                         At Grammer Road North....               +875
Remey Chandler Drain/Sanderson Drain...  Approximately 0.7 mile                  +841  Charter Township of
                                          downstream of West Lake                       Meridian, City of East
                                          Lansing Road.                                 Lansing.
                                         At the upstream side of                 +842
                                          West Lake Lansing Road.
Willow Creek...........................  Approximately 1,250 feet                +893  Township of Vevay.
                                          upstream of U.S. Route
                                          127.
                                         Approximately 0.58 mile                 +893
                                          upstream of U.S. Route
                                          127.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

Charter Township of Meridian
Maps are available for inspection at the Meridian Township Hall, 5151 Marsh Road, Okemos, MI 48864.

City of East Lansing
Maps are available for inspection at City Hall, 410 Abbott Road, East Lansing, MI 48823.

City of Lansing
Maps are available for inspection at City Hall, 124 West Michigan Avenue, Lansing, MI 48933.

City of Williamston
Maps are available for inspection at City Hall, 161 East Grand River Avenue, Williamston, MI 48895.

Township of Leroy
Maps are available for inspection at the Leroy Township Hall, 315 West Walnut Street, Webberville, MI 48892.

Township of Locke...............................................................................................
Maps are available for inspection at the Locke Township Hall, 3805 Bell Oak Road, Williamston, MI 48895.

Township of Vevay
Maps are available for inspection at the Vevay Township Hall, 780 South Eden Road, Mason, MI 48854.

Township of Wheatfield
Maps are available for inspection at the Wheatfield Township Hall, 985 East Hold Road, Williamston, MI 48895.

Township of Williamstown
Maps are available for inspection at the Williamstown Township Hall, 4990 North Zimmer Road, Williamston, MI
 48895.

Village of Webberville
Maps are available for inspection at the Village Hall, 115 South Main Street, Webberville, MI 48892.
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                                Benton County, Minnesota, and Incorporated Areas
                                             Docket No.: FEMA-B-1110
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Mississippi River......................  Approximately 1.30 miles               +1027  City of Rice.
                                          downstream of 125th
                                          Street.
                                         Approximately 1.23 miles               +1030
                                          upstream of 125th Street.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Rice
Maps are available for inspection at 205 Main Street East, Rice, MN 56367.
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                                 Butler County, Nebraska, and Incorporated Areas
                                             Docket No.: FEMA-B-1112
----------------------------------------------------------------------------------------------------------------

Platte River...........................  Approximately 100 feet                 +1309  Unincorporated Areas of
                                          downstream of the                             Butler County.
                                          Saunders County boundary.
                                         Approximately 575 feet                 +1442
                                          downstream of the Polk
                                          County boundary.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                      Unincorporated Areas of Butler County
Maps are available for inspection at 451 North 5th Street, David City, NE 68632.
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                                  Guernsey County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1089
----------------------------------------------------------------------------------------------------------------

Clear Fork.............................  Approximately 175 feet                  +830  Unincorporated Areas of
                                          downstream of Birmingham                      Guernsey County.
                                          Road.
                                         Approximately 0.5 mile                  +837
                                          upstream of Birmingham
                                          Road.
Leatherwood Creek......................  Approximately 174 feet                  +874  Unincorporated Areas of
                                          upstream of Linn Road.                        Guernsey County, Village
                                                                                of Quaker City.
                                         At the upstream side of                 +880
                                          Eldon Road.
Wills Creek............................  Approximately 115 feet                  +802  Unincorporated Areas of
                                          downstream of CSX                             Guernsey County.
                                          Railroad.
                                         Approximately 191 feet                  +803
                                          upstream of State Route
                                          313.
Wills Creek and Buffalo Creek..........  Approximately 0.4 mile                  +803  Unincorporated Areas of
                                          downstream of State                           Guernsey County, Village
                                          Route 146.                                    of Pleasant City.
                                         Approximately 0.5 mile                  +806
                                          upstream of State Route
                                          146.
Wills Creek at Kimbolton...............  Approximately 375 feet                  +776  Unincorporated Areas of
                                          downstream of Main                            Guernsey County.
                                          Street.
                                         Approximately 0.8 mile                  +777
                                          upstream of Main Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                     Unincorporated Areas of Guernsey County
                 Maps are available for inspection at 62782 Bennett Avenue, Cambridge, OH 43725.

Village of Pleasant City
Maps are available for inspection at 62782 Bennett Avenue, Cambridge, OH 43725.

Village of Quaker City
Maps are available for inspection at 126 Fair Street, Quaker City, OH 43773.
----------------------------------------------------------------------------------------------------------------
                                   Lucas County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1049
----------------------------------------------------------------------------------------------------------------

Barnum Ditch...........................  Just upstream of the                    +617  City of Toledo.
                                          confluence with Tifft
                                          Ditch.
                                         Approximately 350 feet                  +626
                                          downstream of Willis
                                          Boulevard.
Blue Creek.............................  Approximately 1,100 feet                +640  Unincorporated Areas of
                                          upstream of Finzel Road.                      Lucas County, Village of
                                                                                Whitehouse.
                                         At the downstream side of               +665
                                          Fulton Lucas Road.
Blystone Ditch.........................  At the upstream side of                 +644  Unincorporated Areas of
                                          Dutch Road.                                   Lucas County, Village of
                                                                                Waterville.
                                         At the downstream side of               +659
                                          Bluebird Train Railroad.
Comstock Ditch.........................  At the upstream side of                 +675  Unincorporated Areas of
                                          Brint Road.                                   Lucas County.
                                         At the downstream side of               +679
                                          Mitchaw Road.

Crane Creek............................  Approximately 0.6 mile                  +579  Unincorporated Areas of
                                          downstream of Nissen                          Lucas County.
                                          Road.
                                         Approximately 2,000 feet                +584
                                          upstream of Ofper Lentz
                                          Road.
Deline Ditch...........................  At the confluence with                  +606  City of Toledo.
                                          Heldman Ditch (East).
                                         At the downstream side of               +629
                                          Hill Avenue.
Deline Ditch Overflow..................  At the confluence with                  +614  City of Toledo.
                                          Deline Ditch.
                                         Just downstream of the                  +625
                                          divergence from Deline
                                          Ditch.
Dennis Ditch...........................  At the confluence with                  +604  City of Toledo.
                                          Heldman Ditch (East).
                                         Approximately 875 feet                  +623
                                          upstream of South Avenue.
Detwiler Ditch.........................  At the upstream side of                 +578  City of Toledo.
                                          Summit Street.
                                         Approximately 0.56 mile                 +578
                                          upstream of I-280.
Disher Ditch...........................  At the upstream side of                 +640  Unincorporated Areas of
                                          Rupp Road.                                    Lucas County, Village of
                                                                                Whitehouse.
                                         At the downstream side of               +657
                                          Berkey Southern Highway.
Disher Ditch Overflow..................  At the confluence with                  +640  Village of Whitehouse.
                                          Blue Creek.
                                         At the downstream side of               +653
                                          Heller Road.
Duck Creek.............................  At mouth at Maumee Bay...               +578  City of Oregon, City of
                                                                                Toledo.
                                         At the downstream side of               +578
                                          Consaul Street.
Eisenbraum Ditch.......................  Approximately 175 feet                  +618  City of Toledo.
                                          downstream of Elsie
                                          Avenue.
                                         At the downstream side of               +651
                                          West Alexis Highway.
Good Ditch.............................  South of Angola Road near               +633  Village of Holland.
                                          Holland Park Boulevard.
                                         South of Angola Road                    +633
                                          approximately 60 feet
                                          west of Holland Park
                                          Boulevard.
Haefner Ditch..........................  At the confluence with                  +604  City of Toledo,
                                          Hill Ditch.                                   Unincorporated Areas of
                                                                                Lucas County.
                                         At the downstream side of               +638
                                          I-475.
Heldman Ditch (East)...................  At the downstream side of               +594  City of Toledo,
                                          Edgevale Road.                                Unincorporated Areas of
                                                                                Lucas County, Village of
                                                                                Ottawa Hills.
                                         At the downstream side of               +665
                                          West Bancroft Street.
Heldman Ditch (West)...................  At the confluence with                  +668  Unincorporated Areas of
                                          Prairie Ditch.                                Lucas County.
                                         At the downstream side of               +668
                                          North Crissey Road.
Hill Ditch.............................  At the confluence with                  +604  City of Toledo,
                                          Heldman Ditch (East).                         Unincorporated Areas of
                                                                                Lucas County.
                                         Just downstream of the                  +639
                                          confluence with Smith
                                          Ditch South.
Jamieson Ditch.........................  At the confluence with                  +595  City of Toledo.
                                          Silver Creek.
                                         At the downstream side of               +600
                                          Lewis Avenue.
Ketcham Ditch..........................  Approximately 700 feet                  +609  City of Toledo.
                                          downstream of Jackman
                                          Road.
                                         At the downstream side of               +619
                                          Adella Street.
Lone Oak Ditch.........................  At the upstream side of                 +644  Unincorporated Areas of
                                          Winslow Road.                                 Lucas County, Village of
                                                                                Whitehouse.
                                         Approximately 70 feet                   +657
                                          downstream of Berkey
                                          Southern Highway.
Maumee Bay.............................  West of the mouth of                    +578  City of Oregon, City of
                                          Driftmeyer Ditch.                             Toledo.
                                         At the northern county                  +578
                                          boundary.
Maumee River...........................  At mouth at Maumee Bay...               +578  City of Toledo.
                                         At the upstream side of                 +578
                                          Norfolk Southern
                                          Railroad.
Mayer Ditch............................  At the downstream side of               +636  Unincorporated Areas of
                                          I-475.                                        Lucas County.
                                         Approximately 475 feet                  +639
                                          downstream of Dorr
                                          Street.
McPeak Ditch...........................  Approximately 100 feet                  +646  City of Sylvania.
                                          above the confluence
                                          with Tenmile Creek.
                                         Approximately 1,300 feet                +668
                                          upstream of Winding Way.
Mud Creek..............................  At the confluence with                  +578  City of Toledo.
                                          Detwiler Creek.
                                         At the downstream side of               +578
                                          Hoffman Road.
North Branch Ketcham Ditch.............  At the downstream side of               +620  City of Toledo.
                                          Douglas Road.
                                         Approximately 650 feet                  +631
                                          upstream of Secor Road.

Ottawa River...........................  Approximately 0.91 mile                 +578  City of Oregon, City of
                                          downstream of Summit                          Toledo.
                                          Street.
                                         At the downstream side of               +578
                                          CSX Transportation
                                          Railroad.
Otter Creek............................  At the downstream side of               +578  City of Toledo.
                                          Corduroy Road.
                                         At mouth at Maumee Bay...               +578
                                         At the upstream side of                 +589
                                          CSX Transportation
                                          Railroad.
                                         Approximately 350 feet                  +589
                                          upstream of CSX
                                          Transportation Railroad.
                                         At the upstream side of                 +590
                                          CSX Transportation
                                          Railroad.
                                         Approximately 475 feet                  +590
                                          downstream of Dover
                                          Place.
Peterson Ditch.........................  At the upstream side of                 +614  City of Toledo.
                                          Haughton Drive.
                                         Approximately 100 feet                  +615
                                          upstream of Goddard Road.
Potter Ditch...........................  At the confluence with                  +635  City of Toledo,
                                          Heldman Ditch (East).                         Unincorporated Areas of
                                                                                Lucas County.
                                         At the downstream side of               +635
                                          Derbyshire Road.
Schmitz Ditch..........................  At the confluence with                  +694  Village of Berkey.
                                          Tenmile Creek.
                                         At the downstream side of               +707
                                          Lathrop Road.
Schneider Ditch........................  Just upstream of the                    +621  City of Toledo.
                                          confluence with Williams
                                          Ditch.
                                         At the downstream side of               +621
                                          Hill Avenue.
Shantee Creek..........................  At the confluence with                  +583  City of Toledo,
                                          Silver Creek.                                 Unincorporated Areas of
                                                                                Lucas County.
                                         Approximately 225 feet                  +612
                                          upstream of
                                          Tremainsville Road.
                                         Approximately 1,100 feet                +578
                                          downstream of Summit
                                          Street.
                                         Approximately 300 feet                  +578
                                          downstream of Hagman
                                          Road.
Shantee Creek Overflow Channel 1.......  Approximately 175 feet                  +599  City of Toledo.
                                          upstream of Lewis Avenue.
                                         Just downstream of the                  +611
                                          divergence from Shantee
                                          Creek.
Shantee Creek Overflow Channel 2.......  At the confluence with                  +599  City of Toledo.
                                          Shantee Creek.
                                         Approximately 100 feet                  +609
                                          downstream of Jackman
                                          Road.
Sharp Ditch............................  At the upstream side of                 +679  Unincorporated Areas of
                                          Brint Road.                                   Lucas County.
                                         Approximately 1.0 mile                  +683
                                          upstream of Brint Road.
Silver Creek...........................  At the upstream side of                 +578  City of Toledo,
                                          CN North America                              Unincorporated Areas of
                                          Railroad.                                     Lucas County.
                                         Approximately 100 feet                  +639
                                          upstream of Woodview
                                          Drive.
Smith Ditch South......................  At the confluence with                  +639  Unincorporated Areas of
                                          Hill Ditch.                                   Lucas County.
                                         Approximately 200 feet                  +661
                                          upstream of Wimbledon
                                          Park Boulevard.
South Branch Silver Creek..............  At the confluence with                  +628  City of Toledo.
                                          Silver Creek.
                                         Approximately 1,150 feet                +633
                                          upstream of Rambo Lane.
Tenmile Creek..........................  At the upstream side of                 +668  Unincorporated Areas of
                                          Herr Road.                                    Lucas County, Village of
                                                                                Berkey.
                                         At the downstream side of               +708
                                          North Fulton Lucas Road.
Tifft Ditch............................  Approximately 225 feet                  +612  City of Toledo,
                                          upstream of                                   Unincorporated Areas of
                                          Tremainsville Road.                           Lucas County.
                                         Approximately 300 feet                  +634
                                          upstream of Talmadge
                                          Road.
Vanderpool Ditch.......................  At the downstream side of               +644  Unincorporated Areas of
                                          McCord Road.                                  Lucas County.
                                         Approximately 375 feet                  +656
                                          downstream of King Road.
Williams Ditch.........................  At the upstream side of                 +614  City of Toledo.
                                          Norfolk Southern
                                          Railroad.
                                         Approximately 175 feet                  +621
                                          downstream of Hill
                                          Avenue.
Wing Ditch.............................  Just upstream of the                    +633  City of Toledo.
                                          confluence with Silver
                                          Creek.
                                         Approximately 75 feet                   +637
                                          downstream of Merle
                                          Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Oregon

Maps are available for inspection at 5330 Seaman Road, Oregon, OH 43616.
City of Sylvania
Maps are available for inspection at 6730 Monroe Street, Suite 101, Sylvania, OH 43560.

City of Toledo
Maps are available for inspection at 1 Government Center, Suite 1600, Toledo, OH 43604.

                                      Unincorporated Areas of Lucas County
Maps are available for inspection at 1115 South McCord Road, Holland, OH 43528.

Village of Berkey
Maps are available for inspection at 12360 Sylvania-Metamora Road, Berkey, OH 45304.

Village of Holland
Maps are available for inspection at 1245 Clarion Avenue, Holland, OH 43528.

Village of Ottawa Hills
Maps are available for inspection at 2125 Richards Road, Toledo, OH 43606.

Village of Waterville
Maps are available for inspection at 25 North 2nd Street, Waterville, OH 43566

Village of Whitehouse
Maps are available for inspection at 6925 Providence Street, Whitehouse, OH 43571.
----------------------------------------------------------------------------------------------------------------
                                   Lamar County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1045
----------------------------------------------------------------------------------------------------------------

Baker Branch...........................  Approximately 799 feet                  +503  City of Paris,
                                          downstream of Loop 286.                       Unincorporated Areas of
                                                                                Lamar County.
                                         Approximately 1,002 feet                +572
                                          upstream of Bonham
                                          Street.
Baker Branch Tributary 10.....  Just downstream of the                  +537  City of Paris,
                                          confluence with Baker                         Unincorporated Areas of
                                          Branch.                                       Lamar County.
                                         Approximately 503 feet                  +560
                                          upstream of Sherman
                                          Street.
Baker Branch Tributary 24.....  Just upstream of the                    +508  City of Paris,
                                          confluence with Baker                         Unincorporated Areas of
                                          Branch.                                       Lamar County.
                                         Approximately 59 feet                   +513
                                          downstream of 7th Street.
Big Sand Creek Tributary 7....  Just downstream of the                  +532  City of Paris,
                                          confluence with Big                           Unincorporated Areas of
                                          Sandy Creek.                                  Lamar County.
                                         Approximately 708 feet                  +569
                                          upstream of 17th Street.
Big Sandy Creek........................  Approximately 1,300 feet                +494  City of Paris,
                                          downstream of Loop 286.                       Unincorporated Areas of
                                                                                Lamar County.
                                         Approximately 475 feet                  +571
                                          upstream of Sherman
                                          Street.
Big Sandy Creek Tributary 2...  Just upstream of the                    +502  City of Paris,
                                          confluence with Big                           Unincorporated Areas of
                                          Sandy Creek.                                  Lamar County.
                                         Approximately 647 feet                  +546
                                          upstream of Lamar Avenue.
Big Sandy Creek Tributary 3...  Just upstream of Houston                +557  City of Paris,
                                          Street.                                       Unincorporated Areas of
                                                                                Lamar County.
                                         Just upstream of the                    +588
                                          confluence with Big
                                          Sandy Creek.
Big Sandy Creek Tributary 4...  Just downstream of the                  +516  City of Paris,
                                          confluence with Big                           Unincorporated Areas of
                                          Sandy Creek.                                  Lamar County.
                                         Approximately 888 feet                  +562
                                          upstream of Price Street.
Big Sandy Creek Tributary 8...  Just downstream of the                  +546  City of Paris,
                                          confluence with Big                           Unincorporated Areas of
                                          Sandy Creek.                                  Lamar County.
                                         Approximately 1,045 feet                +574
                                          upstream of Hearon
                                          Street.
Big Sandy Creek Tributary 16..  Just upstream of the                    +536  City of Paris,
                                          confluence with Big                           Unincorporated Areas of
                                          Sandy Creek Tributary                         Lamar County.
                                          4.
                                         Just upstream of Cherry                 +568
                                          Street.
Cottonwood Branch Tributary 11  Approximately 75 feet                   +516  City of Paris,
                                          downstream of Old                             Unincorporated Areas of
                                          Brookston Road.                               Lamar County.
                                         Approximately 377 feet                  +584
                                          upstream of Austin
                                          Street.
Pine Creek Tributary 12.......  Approximately 852 feet                  +506  City of Paris,
                                          downstream of the                             Unincorporated Areas of
                                          confluence with Pine                          Lamar County.
                                          Creek Tributary 13.
                                         Approximately 194 feet                  +524
                                          downstream of the
                                          confluence with Old City
                                          Lake.
Pine Creek Tributary 13.......  Just upstream of the                    +508  City of Paris,
                                          confluence with Pine                          Unincorporated Areas of
                                          Creek Tributary 12.
                                         Approximately 184 feet                  +557
                                          upstream of 28th Street.
Smith Creek............................  Just downstream of the                  +518  City of Paris,
                                          confluence with Smith                         Unincorporated Areas of
                                          Creek Tributary 15.
                                         Just upstream of Center                 +521
                                          Street.

Smith Creek Tributary 15......  Just upstream of Center                 +524  City of Paris,
                                          Street.                                       Unincorporated Areas of
                                                                                Lamar County.
                                         Approximately 236 feet                  +588
                                          downstream of Houston
                                          Street.
Stillhouse Creek Tributary 20.  Approximately 227 feet                  +514  City of Paris,
                                          downstream of Spur 139.                       Unincorporated Areas of
                                                                                Lamar County.
                                         Approximately 44 feet                   +573
                                          upstream of Ridgeview
                                          Street.
Stillhouse Creek Tributary 21.  Just downstream of the                  +526  City of Paris,
                                          confluence with                               Unincorporated Areas of
                                          Stillhouse Creek                              Lamar County.
                                          Tributary 20.
                                         Approximately 32 feet                   +581
                                          downstream of Belmont
                                          Street.
Stillhouse Creek Tributary 22.  Just downstream of State                +508  City of Paris,
                                          Highway 195.                                  Unincorporated Areas of
                                                                                Lamar County.
                                         Approximately 170 feet                  +537
                                          upstream of Loop 535.
Stillhouse Creek Tributary 23.  Just downstream of the                  +521  City of Paris,
                                          confluence with                               Unincorporated Areas of
                                          Stillhouse Creek                              Lamar County.
                                          Tributary 22.
                                         Approximately 43 feet                   +539
                                          downstream of Loop 286.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Paris
Maps are available for inspection at City Hall, 135 Southeast 1st Street, Paris, TX 75460.

                                      Unincorporated Areas of Lamar County
Maps are available for inspection at 119 North Main Street, Paris, TX 75460.
----------------------------------------------------------------------------------------------------------------
                                 Montague County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1069
----------------------------------------------------------------------------------------------------------------

Cowskin Creek..........................  Approximately 1,500 feet                +921  Unincorporated Areas of
                                          downstream of the Wise                        Montague County.
                                          County boundary.
                                         Just downstream of the                  +931
                                          Wise County boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                     Unincorporated Areas of Montague County
Maps are available for inspection at 101 East Franklin Street, Montague, TX 76251.
----------------------------------------------------------------------------------------------------------------
                                  Walker County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1061
----------------------------------------------------------------------------------------------------------------

Baldwin Creek..........................  Approximately 2.7 miles                 +244  Unincorporated Areas of
                                          downstream of County                          Walker County.
                                          Highway FM 247.
                                         Approximately 1.6 miles                 +261
                                          downstream of County
                                          Highway FM 247.
Caney Creek............................  Approximately 0.6 mile                  +354  Unincorporated Areas of
                                          upstream of County                            Walker County.
                                          Highway FM 2296.
                                         Approximately 0.6 mile                  +374
                                          downstream of Evelyn
                                          Lane.
Crabb Creek............................  Approximately 475 feet                  +257  Unincorporated Areas of
                                          upstream of North Rocky                       Walker County.
                                          Creek.
                                         Approximately 500 feet                  +287
                                          upstream of I-45/U.S.
                                          Route 190.
East Fork (Tanyard Branch).............  Approximately 0.5 mile                  +291  Unincorporated Areas of
                                          upstream of confluence                        Walker County.
                                          with Tanyard Branch.
                                         Approximately 0.9 mile                  +298
                                          upstream of confluence
                                          with Tanyard Branch.
Hadley Creek...........................  Just downstream of                      +250  Unincorporated Areas of
                                          Rosenwall Road.                               Walker County.
                                         Just upstream of the                    +285
                                          confluence with North
                                          Rocky Creek.
Hendricks Lake.........................  At the confluence with                  +273  Unincorporated Areas of
                                          Town Branch.                                  Walker County.
                                         Approximately 700 feet                  +284
                                          downstream of County
                                          Highway FM 2821.

Mays Creek.............................  Approximately 0.4 mile                  +320  Unincorporated Areas of
                                          upstream of County                            Walker County.
                                          Highway FM 2929.
                                         Approximately 2.5 miles                 +355
                                          upstream of County
                                          Highway FM 2929.
McDonald Creek.........................  Approximately 0.4 mile                  +293  Unincorporated Areas of
                                          upstream of West Sunset                       Walker County.
                                          Drive.
                                         Just downstream of Spring               +357
                                          Drive.
McGary Creek...........................  Approximately 1.8 miles                 +279  Unincorporated Areas of
                                          downstream of the                             Walker County.
                                          confluence with
                                          Tributary 6 (McGary
                                          Creek).
                                         Approximately 1,750 feet                +289
                                          downstream of the
                                          confluence with
                                          Tributary 6 (McGary
                                          Creek).
                                         Approximately 0.8 mile                  +318
                                          downstream of
                                          Timberwilde Drive.
                                         Approximately 0.9 mile                  +351
                                          upstream of Timberwilde
                                          Drive.
Parker Creek...........................  Approximately 0.6 mile                  +212  Unincorporated Areas of
                                          upstream of Tributary                         Walker County.
                                          Number 8 (Parker Creek).
                                         At the confluence with                  +260
                                          Town Branch.
Prairie Branch.........................  At the confluence with                  +287  Unincorporated Areas of
                                          Raven Lake.                                   Walker County.
                                         Just downstream of                      +307
                                          Camellia Drive.
Robinson Creek.........................  Approximately 1,250 feet                +283  Unincorporated Areas of
                                          upstream of Robinson                          Walker County.
                                          Road.
                                         Approximately 0.6 mile                  +333
                                          downstream of Veterans
                                          Memorial Highway.
Scott Branch...........................  At the confluence with                  +256  Unincorporated Areas of
                                          Thickett Branch.                              Walker County.
                                         Approximately 1,250 feet                +261
                                          upstream of the
                                          confluence with Thickett
                                          Branch.
Shepherd Creek.........................  Approximately 0.71 mile                 +317  Unincorporated Areas of
                                          upstream of County                            Walker County.
                                          Highway FM 2296.
                                         Approximately 1.5 miles                 +381
                                          upstream of the
                                          confluence with
                                          Tributary 3.
Tanyard Branch.........................  Approximately 500 feet                  +224  Unincorporated Areas of
                                          downstream of the                             Walker County.
                                          confluence with
                                          Tributary Number 2
                                          (Tanyard Branch).
                                         Approximately 0.5 mile                  +363
                                          upstream of U.S. Route
                                          190.
Thickett Branch........................  Approximately 500 feet                  +256  Unincorporated Areas of
                                          downstream of the                             Walker County.
                                          confluence with Scott
                                          Branch.
                                         Approximately 800 feet                  +260
                                          upstream of the
                                          confluence with Scott
                                          Branch.
Town Branch............................  At the confluence with                  +260  Unincorporated Areas of
                                          Parker Creek.                                 Walker County.
                                         Approximately 1,200 feet                +277
                                          upstream of the
                                          confluence with
                                          Hendricks Lake.
Tributary 1 (Robinson Creek)...........  At the confluence with                  +294  Unincorporated Areas of
                                          Robinson Creek.                               Walker County.
                                         Approximately 400 feet                  +329
                                          downstream of Gazebo
                                          Street.
Tributary 2 (Tanyard Branch)...........  At the confluence with                  +224  Unincorporated Areas of
                                          Tanyard Branch.                               Walker County.
                                         Approximately 1,200 feet                +253
                                          upstream of Robinson
                                          Road.
Tributary 5 (McGary Creek).............  Approximately 1,250 feet                +323  Unincorporated Areas of
                                          upstream of the                               Walker County.
                                          confluence with McGary
                                          Creek.
                                         Just downstream of                      +329
                                          Timberwilde Drive.
Tributary 6 (McGary Creek).............  Approximately 0.9 mile                  +301  Unincorporated Areas of
                                          upstream of the                               Walker County.
                                          confluence with McGary
                                          Creek.
                                         Approximately 2.17 miles                +319
                                          upstream of the
                                          confluence with McGary
                                          Creek.
Tributary 9 (Shepherd Creek)...........  At the confluence with                  +332  Unincorporated Areas of
                                          Shepherd Creek.                               Walker County.
                                         Approximately 900 feet                  +347
                                          downstream of Four Notch
                                          Road.
Tributary Number 7 (Hadley Creek)......  Approximately 1,200 feet                +256  Unincorporated Areas of
                                          downstream of Cauthen                         Walker County.
                                          Drive.
                                         Approximately 1.3 miles                 +275
                                          upstream of Cauthen
                                          Drive.
Tributary Number 8 (Parker Creek)......  Approximately 0.9 mile                  +218  Unincorporated Areas of
                                          upstream of the                               Walker County.
                                          confluence with Pain
                                          Branch.
                                         Approximately 0.9 mile                  +231
                                          downstream of Albritton
                                          Road.
Wayne Creek............................  Approximately 1,750 feet                +259  Unincorporated Areas of
                                          downstream of Forest                          Walker County.
                                          Service Road
                                          236A.

                                         Approximately 1.1 miles                 +298
                                          upstream of the
                                          confluence with Ford
                                          Branch.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                      Unincorporated Areas of Walker County
Maps are available for inspection at 1100 University Avenue, Huntsville, TX 77320.
----------------------------------------------------------------------------------------------------------------
                                Washington County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1065
----------------------------------------------------------------------------------------------------------------
Hog Branch.............................  Approximately 2,500 feet                +240  Unincorporated Areas of
                                          upstream of North Blue                        Washington County.
                                          Bell Road.
                                         Approximately 1,000 feet                +249
                                          upstream of North Blue
                                          Bell Road.
Little Sandy Creek.....................  Approximately 300 feet                  +240  Unincorporated Areas of
                                          upstream of Old                               Washington County.
                                          Independence Road.
                                         Approximately 200 feet                  +278
                                          downstream of Burleson
                                          Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                    Unincorporated Areas of Washington County
Maps are available for inspection at the Washington County Courthouse, 100 East Main Street, Brenham, TX 77833.
----------------------------------------------------------------------------------------------------------------
                                Lincoln County, Wisconsin, and Incorporated Areas
                                             Docket No.: FEMA-B-1115
----------------------------------------------------------------------------------------------------------------
Copper River...........................  Approximately 0.8 mile                 +1279  Unincorporated Areas of
                                          upstream of the                               Lincoln County.
                                          confluence with the
                                          Wisconsin River.
                                         At County Highway E......              +1316
Prairie River..........................  Approximately 0.3 mile                 +1436  Unincorporated Areas of
                                          downstream of Town Hall                       Lincoln County.
                                          Road.
                                         At State Highway 17......              +1476
Wisconsin River........................  Approximately 0.4 mile                 +1228  City of Merrill,
                                          upstream of the                               Unincorporated Areas of
                                          confluence with the Pine                      Lincoln County.
                                          River.
                                         Approximately 990 feet                 +1244
                                          downstream of South
                                          Center Avenue.
                                         Approximately 2.5 miles                +1293
                                          downstream of
                                          Grandfather Dam.
                                         At the downstream side of              +1368
                                          Grandfather Dam.
                                         Approximately 0.7 mile                 +1401
                                          upstream of County
                                          Highway E.
                                         At the downstream side of              +1406
                                          Grandmother Dam.
                                         Approximately 0.9 mile                 +1422
                                          upstream of the
                                          confluence with Little
                                          Pine Creek.
                                         Approximately 0.4 mile                 +1429
                                          downstream of Tomahawk
                                          Dam.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Merrill
Maps are available for inspection at 1004 East 1st Street, Merrill, WI 54452.
                                     Unincorporated Areas of Lincoln County
Maps are available for inspection at 804 North Sales Street, Merrill, WI 54452.
----------------------------------------------------------------------------------------------------------------

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

    Dated: June 30, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-18627 Filed 7-21-11; 8:45 am]
BILLING CODE 9110-12-P


Updating OSHA’s Construction Industry Standard for

Eye and Face Protection 29 CFR 1926.102

On September 9, 2009, OSHA made revisions to the general industry,
shipyard employment, marine terminals, and longshoring industries
personal protective equipment standards, which included the
eye-and-face-protection, head-protection, and foot-protection standards
(74 FR 46356).  At that time OSHA did not address the construction
standards requiring personal protective equipment for eye and face
protection, head protection and foot protection.  However, on June 22,
2012, OSHA again updated its personal protective equipment standards for
head protection, which included the construction standard for head
protection (77 FR 37598).  OSHA now is proposing to update its personal
protective equipment standards for eye and face protection, and is
including in the proposal the construction standard as well as the
general industry, shipyard employment, marine terminals, and longshoring
standards.  The construction standard at 29 CFR 1926.102(a)(2) still
requires compliance with ANSI Z87.1-1968.  This consensus standard,
which sets forth requirements regarding different types of eye and face
protection, is out of date.

In view of the limited useful life of eye and face protection and the
length of time (nearly 45 years) since OSHA last updated its
construction standard on eye and face protection, the Agency believes
that no manufacturers of eye-and-face-protection equipment currently
test this equipment in accordance with the requirements of ANSI
Z87.1-1968.  To bring the construction standard up to date and to ensure
consistency across all of OSHA’s standards, OSHA is proposing to amend
29 CFR 1926.6 and 1926.102 to permit compliance with the latest ANSI
standards, Z87.1-2010, Z87.1-2003, or Z87.1-1989 (R-1998).

In updating the OSHA standards for eye and face protection, the Agency
examined the standards for eye and face protection issued by ANSI over
the last 45 years and found that these standards reflect the state of
the art in terms of design safety that existed when ANSI issued them.
OSHA believes the improvements in the design-safety requirements of each
successive edition of these standards, especially the editions issued by
ANSI in 1989, 2003, and 2010, would enhance employee protection compared
to the ANSI Z87.1-1968 standard. OSHA believes that it is consistent
with the usual and customary practice of employers in the construction
industry to require use of eye and face protection that complies with
ANSI Z87.1-2010, ANSI Z87.1-2003, or ANSI Z87.1-1989 (R-1998), and that
employers in the industry are not using eye and face protection that
complies with the testing requirements of the outdated ANSI Z87.1-1968
standard.  Accordingly, the Agency determined that incorporating the
latest editions of the ANSI Z87.1 standards for eye and face protection
into §1926.102(a)(2) does not add a compliance burden for employers.
OSHA will invite the public to comment on whether use of eye and face
protection compliant with ANSI Z87.1-2010, ANSI Z87.1-2003, or ANSI
Z87.1-1989 (R-1998) represents current industry practice.

OSHA is considering two options for updating the construction standard
on eye and face protection, and is seeking advice from the Committee on
these options.  See the attachment to this document to review the
proposed regulatory language for these options.  The following
paragraphs provide a brief description of the options.

Option #1

  The proposal also would remove Table E-1, Eye and Face Protector
Selection Guide, which is specific to the 1968 version of ANSI Z87.1 and
referenced in current paragraph (a)(5).  OSHA will not replace this
table as employers and employees may use any of the three newly
referenced ANSI standards, which contain similar selection guides; these
ANSI standards are ANSI Z87.1-2010, Annex I, Selection Chart, ANSI
Z87.1-2003, Annex I Selection Chart, or ANSI Z87.1-1989(R1998),
Selection Chart.

  	OSHA would retain §1926.102(a)(6) as this provision contains some
regulatory language that does not appear to be in the most recent ANSI
standard, Z87.1-2010.  These provisions specify, among other
requirements, that protectors be capable of being disinfected, easily
cleanable, and durable.  The proposal also would substitute the marking
requirement specified by §1926.102(a)(7) with the marking requirement
in §1910.133(a)(4).  OSHA also would replace the requirement specified
by §1926.102(a)(8) to transmit information to the user about
limitations or precautions for the equipment provided by the
manufacturer, and to strictly observe compliance with these limitations
and precautions, with the requirements of ANSI Z87.1-2010, section 10.2.

	In addition to updating the references to ANSI Z87.1, the language
adopted from the general industry standard would add a provision to the
construction standard that permits an employer to use eye and face
protection not manufactured in accordance with one of the incorporated
ANSI Z87.1 standards if the employer can demonstrate that the eye and
face protection it selects protects employees at least as effectively as
eye and face protection tested and constructed in accordance with one of
the incorporated ANSI Z87.1 standards (i.e., the equivalent-protection
provision).  Currently, the construction standard does not include such
a provision.  However, the general industry, shipyard employment, marine
terminals and longshoring standards do include such a provision (e.g.,
§§ 1910.133(b)(2)).  Therefore, to allow compliance flexibility and
ensure consistency across standards, OSHA is proposing to add identical
language to the construction standard.

	Finally, §1926.102(b) currently in the construction standard would
remain intact and redesignated as paragraph §1926.102(c).  With the
removal of Table E-1 described above, OSHA would renumber Tables E-2 and
E-3 under this paragraph as Tables E-1 and E-2, respectively.

	This option would make the construction eye and face protection
standard nearly identical to the general industry standard, thereby
providing consistency to employers and employees who work in both the
general and construction industries.  In addition, this option would
preserve those provisions that are unique to the construction standard.

Option #2

	This option is similar to Option 1, except OSHA would substitute only
current §1926.102(a)(2) with the list of updated consensus standards
from §1910.133(b)(1) and the equivalent-protection provision in
paragraph (b)(2) of the general industry standard.  The remaining
provisions of §1926.102 (i.e., (a)(1), (a)(3)-(a)(4), and
(a)(6)-(a)(8), and (b)(2)) would stay intact.  OSHA would redesignate
§1926.102(a)(3) and (4) as §1926.102(a)(4) and (a)(5), respectively,
and remove §1910.133(a)(5) and its associated Table E-1; OSHA then
would redesignate Tables E-2 and E-3 as Tables E-1 and E-2,
respectively.  OSHA believes this option would replace the 1968 ANSI
standard with the updated consensus standards, thereby making the
construction standard for eye and face protection consistent with the
standards for other industries, while retaining the existing
requirements that are familiar to employers and employees in the
construction industry.

Option #1

§1926.102 Eye and face protection.

(a) General requirements. (1) The employer shall ensure that each
affected employee uses appropriate eye or face protection when exposed
to eye or face hazards from flying particles, molten metal, liquid
chemicals, acids or caustic liquids, chemical gases or vapors, or
potentially injurious light radiation.

(2) The employer shall ensure that each affected employee uses eye
protection that provides side protection when there is a hazard from
flying objects.  Detachable side protectors (e.g., clip-on or slide-on
side shields) meeting the pertinent requirements of this section are
acceptable.

(3) The employer shall ensure that each affected employee who wears
prescription lenses while engaged in operations that involve eye hazards
wears eye protection that incorporates the prescription in its design,
or wears eye protection that can be worn over the prescription lenses
without disturbing the proper position of the prescription lenses or the
protective lenses.

(4) Eye and face PPE shall be distinctly marked to facilitate
identification of the manufacturer.

(5) Protectors shall meet the following minimum requirements:

(i) They shall provide adequate protection against the particular
hazards for which they are designed.

(ii) They shall be reasonably comfortable when worn under the designated
conditions.

(iii) They shall fit snugly and shall not unduly interfere with the
movements of the wearer.

(iv) They shall be durable.

(v) They shall be capable of being disinfected.

(vi) They shall be easily cleanable.

(b) Criteria for protective eye and face protection.  (1) Protective eye
and face protection devices must comply with any of the following
consensus standards:

(i) ANSI Z87.1-2010 “American National Standard Practice for
Occupational and Educational Eye and Face Protection,” which is
incorporated by reference in §1910.6;

(ii) ANSI Z87.1-2003, “American National Standard Practice for
Occupational and Educational Eye and Face Protection,” which is
incorporated by reference in §1910.6; or

(iii) ANSI Z87.1-1989 (R-1998), “American National Standard Practice
for Occupational and Educational Eye and Face Protection,” which is
incorporated by reference in §1910.6.

(2) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.

(c) Protection against radiant energy—(1) Selection of shade numbers
for welding filter.  Table E-1 shall be used as a guide for the
selection of the proper shade numbers of filter lenses or plates used in
welding.  Shades more dense than those listed may be used to suit the
individual's needs.

Table E-1—Filter Lens Shade Numbers for Protection Against Radiant
Energy

Welding operation	Shade number

Shielded metal-arc welding 1/16-, 3/32-, 1/8-, 5/32-inch diameter
electrodes	10

Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-, 5/32-inch
diameter electrodes	11

Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-, 5/32-inch
diameter electrodes	12

Shielded metal-arc welding 3/16-, 7/32-, 1/4-inch diameter electrodes	12

5/16-, 3/8-inch diameter electrodes	14

Atomic hydrogen welding	10-14

Carbon-arc welding	14

Soldering	2

Torch brazing	3 or 4

Light cutting, up to 1 inch	3 or 4

Medium cutting, 1 inch to 6 inches	4 or 5

Heavy cutting, over 6 inches	5 or 6

Gas welding (light), up to 1/8-inch	4 or 5

Gas welding (medium), 1/8-inch to 1/2-inch	5 or 6

Gas welding (heavy), over 1/2-inch	6 or 8

(2) Laser protection.  (i) Employees whose occupation or assignment
requires exposure to laser beams shall be furnished suitable laser
safety goggles which will protect for the specific wavelength of the
laser and be of optical density (O.D.) adequate for the energy involved.
 Table E-2 lists the maximum power or energy density for which adequate
protection is afforded by glasses of optical densities from 5 through 8.

Table E-2—Selecting Laser Safety Glass

Intensity, CW maximum power density (watts/cm2)	Attenuation

	Optical density (O.D.)	Attenuation factor

10−2	5	105

10−1	6	106

1.0	7	107

10.0	8	108

Output levels falling between lines in this table shall require the
higher optical density.

(ii) All protective goggles shall bear a label identifying the following
data:

(a) The laser wavelengths for which use is intended;

(b) The optical density of those wavelengths;

(c) The visible light transmission.

Option #2

§1926.102  Eye and face protection.

(a) General.  (1) Employees shall be provided with eye and face
protection equipment when machines or operations present potential eye
or face injury from physical, chemical, or radiation agents.

(2) Criteria for protective eye and face protection.  (1) Protective eye
and face protection devices must comply with any of the following
consensus standards:

(i) ANSI Z87.1-2010 “American National Standard Practice for
Occupational and Educational Eye and Face Protection,” which is
incorporated by reference in §1910.6;

(ii) ANSI Z87.1-2003, “American National Standard Practice for
Occupational and Educational Eye and Face Protection,” which is
incorporated by reference in §1910.6; or

(iii) ANSI Z87.1-1989 (R-1998), “American National Standard Practice
for Occupational and Educational Eye and Face Protection,” which is
incorporated by reference in §1910.6.

(3) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.

(4) Employees whose vision requires the use of corrective lenses in
spectacles, when required by this regulation to wear eye protection,
shall be protected by goggles or spectacles of one of the following
types:

(i) Spectacles whose protective lenses provide optical correction;

(ii) Goggles that can be worn over corrective spectacles without
disturbing the adjustment of the spectacles;

(iii) Goggles that incorporate corrective lenses mounted behind the
protective lenses.

(5) Face and eye protection equipment shall be kept clean and in good
repair.  The use of this type equipment with structural or optical
defects shall be prohibited.

(6) Protectors shall meet the following minimum requirements:

(i) They shall provide adequate protection against the particular
hazards for which they are designed.

(ii) They shall be reasonably comfortable when worn under the designated
conditions.

(iii) They shall fit snugly and shall not unduly interfere with the
movements of the wearer.

(iv) They shall be durable.

(v) They shall be capable of being disinfected.

(vi) They shall be easily cleanable.

(7) Every protector shall be distinctly marked to facilitate
identification only of the manufacturer.

(8) When limitations or precautions are indicated by the manufacturer,
they shall be transmitted to the user and care taken to see that such
limitations and precautions are strictly observed.

(b) Protection against radiant energy—(1) Selection of shade numbers
for welding filter.  Table E-1 shall be used as a guide for the
selection of the proper shade numbers of filter lenses or plates used in
welding.  Shades more dense than those listed may be used to suit the
individual's needs.

Table E-1—Filter Lens Shade Numbers for Protection Against Radiant
Energy

Welding operation	Shade number

Shielded metal-arc welding 1/16-, 3/32-, 1/8-, 5/32-inch diameter
electrodes	10

Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-, 5/32-inch
diameter electrodes	11

Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-, 5/32-inch
diameter electrodes	12

Shielded metal-arc welding 3/16-, 7/32-, 1/4-inch diameter electrodes	12

5/16-, 3/8-inch diameter electrodes	14

Atomic hydrogen welding	10-14

Carbon-arc welding	14

Soldering	2

Torch brazing	3 or 4

Light cutting, up to 1 inch	3 or 4

Medium cutting, 1 inch to 6 inches	4 or 5

Heavy cutting, over 6 inches	5 or 6

Gas welding (light), up to 1/8-inch	4 or 5

Gas welding (medium), 1/8-inch to 1/2-inch	5 or 6

Gas welding (heavy), over 1/2-inch	6 or 8

(2) Laser protection.  (i) Employees whose occupation or assignment
requires exposure to laser beams shall be furnished suitable laser
safety goggles which will protect for the specific wavelength of the
laser and be of optical density (O.D.) adequate for the energy involved.
 Table E-2 lists the maximum power or energy density for which adequate
protection is afforded by glasses of optical densities from 5 through 8.

Table E-2—Selecting Laser Safety Glass

−2	5	105

10−1	6	106

1.0	7	107

10.0	8	108

Output levels falling between lines in this table shall require the
higher optical density.

(ii) All protective goggles shall bear a label identifying the following
data:

(a) The laser wavelengths for which use is intended;

(b) The optical density of those wavelengths;

(c) The visible light transmission.

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Definitions Comment Response New Topic Summ. ID Summary Response DocumentID 7 61 NAHB urges EPA to expand Section 3.2 Requirements for Different Types of Operators ( p. 15

16, Draft Permit), to clarify the different responsibilities of each. EPA believes it has done so. 1057 7 165 Section 2.1, item 7: We think the term receiving water is too vague. What if the operator does not think a discharge to receiving water could occur? We request that EPA provide a definition for receiving water along with examples, similar to what is provided in the fact sheet. EPA agrees that the term receiving water could be clarified and, as such,

revised old section 2.1. B. 7 of the permit to clarify that the NOI should identify the water( s) of the U. S., as defined in old Section 10, to which the storm water is discharged. 1028 and 1024 7 166 Section 3.4. C. 2.: To prevent confusion, define what temporarily and permanently ceasing operations means. It is not clear to EPA why the commenter finds these terms potentially confusing. EPA does not believe it is necessary to define these terms. 1024 and 1028 7 168 Part 10, Wetlands: EPA needs to clarify that the wetlands being defined in Part 10 are the wetlands associated with navigable waters of which EPA and the Corps of Engineers retains authority over. EPA's definition of wetlands is the same as that used by the Agency and the Corps of Engineers for CWA 404 purposes. 1024 and 1028 7 176 Include a clarifying definition in section 10 of the general permit: Harmful quantity. The amount of any substance that will exceed an established TMDL waste load allocation that applies to the discharge; or, that will cause a violation of the state water quality standards within waters in the State, Waters of the United States. EPA acknowledges the commenter's concern but does believe there is a need to define this term. Language in the CGP regarding TMDLs and water quality standards are consistent with Federal regulations. 1032 7 282 There is no discussion of excavation dewatering in the Fact Sheet under Section 1.3B Allowable Non Storm Water Discharges. We would appreciate additional discussion of excavation dewatering discharges under Section 1.3B of the Fact Sheet. Part 1.3( B) of the proposed CGP lists 11 allowable non storm water discharges.

The Fact Sheet does not discuss any of these 11 specifically. An excavating dewatering discharge is primarily ground water, not storm water, and therefore EPA has provided this special exception for these discharges to be authorized.

Dewatering is a fairly common construction activity. Dewatering discharges often contain lots of suspended solids, especially towards the beginning of the dewatering process. Construction operators must take all necessary measures to ensure that proper controls are in place to prevent the discharge of sedimentladen water to surface waters. Uncontaminated ground water, by definition,

should not contain other pollutants for which the construction site operator need implement controls. However, EPA emphasizes that the CGP only authorizes discharge of " uncontaminated" excavation dewatering. If the operator has any reason to believe that the ground water is contaminated and cannot meet water quality standards, the discharge cannot be authorized under the CGP. 1041 1 Definitions Comment Response New Topic Summ. ID Summary Response DocumentID 7 286 Duly Authorized Representative   Proposed CGP Sections Affected by this Comment: Section 8.11

Fact Sheet Sections Affected by this Comment:

Section 8.11   There is an inconsistency between the procedures for designating a " duly authorized representative" as stated in section 8.11. B. 3 of the proposed CGP and section 8.11 of the proposed Fact Sheet. Section 8.11. B. 3 of the proposed CGP allows the " duly authorized representative" designation to be filed with the SWPPP, and requires it to be submitted to EPA only " if requested." Section 8.11 of the proposed Fact Sheet states that the designation must be made " in writing by such person and submitted to EPA." EPA agrees. The fact sheet has been revised to indicate that the designation must be made in writing but only submitted to EPA if requested. 1061 7 292 Section 2.1, item 12: EPA requests the NOI be signed and dated by an authorized representative. We recommend that EPA define in Part 10 what is meant by an authorized representative. EPA defines an authorized representative in the Signatory Requirements part of Appendix G ( see Section B). 1028 and 1024 7 334 To prevent confusion, EPA needs to define temporarily stabilization in Part 10. EPA does not believe it is necessary to define the term temporary stabilization in the permit as this should be self explanatory from the inspection requirements at Subpart 3.7. B. 1. 1024 and 1028 7 337 We request that EPA define partial final stabilization in the CGP. EPA does not use the term " partial final stabilization" in the final CGP or final fact sheet and as such, has no need to define that term. EPA used the term in the draft fact sheet to indicate the situation identified in 3.1. C of the draft permit when once a definable area has been finally stabilized, you may mark this on your SWPPP and no further SWPPP or inspection requirements apply to that portion of the site ( e. g., earth disturbing activities around one of three buildings in a complex are done and the area is finally stabilized; one mile of a roadway or pipeline project is done and finally stabilized; etc). 1028 and 1024 2