              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

MEMORANDUM

DATE:	July 17, 2012

SUBJECT:	Tier I Estimated Drinking Waters Concentrations of Fluazinam and its Transformation Products for the Use in the Human Health Risk Assessment for the Registration of the New Uses on Peppers, Eggplant (Subgroup 8-10B), Melons (Subgroup 9A), and Soybeans
            (PC Code 129098; DP Barcodes D397602, D402576)

FROM:	José L. Meléndez, Chemist
		Environmental Risk Branch 5
		Environmental Fate and Effects Division (7507P)

THROUGH:	Mah T. Shamim, Ph.D., Chief
		Environmental Risk Branch 5
		Environmental Fate and Effects Division (7507P)

TO:	Tawanda Maignan, Risk Manager Reviewer
		Tony Kish, Review Manager #22
		Cynthia Giles-Parker, Chief
		Fungicide Branch

		Andrew Ertman, Risk Manager Reviewer
		Barbara Madden, Review Manager #05
		Dan Rosenblatt, Chief
      Risk Integration, Minor Use and Emergency Response Branch
		Registration Division (7505P)

		Douglas Dotson, Ph.D., Chemist
      Christina Swartz, Chief
      Registration Action Branch 2
		Health Effects Division (7509P)

This memorandum presents the Estimated Drinking Water Concentrations (EDWCs) for the pyridine fungicide fluazinam, and for its major transformation products DCPA, HYPA, CAPA, DAPA and AMPA, for use in the human health risk assessment.  An IR-4 request for registration of various new crops was submitted to the Agency.  These included the Cucurbits (Melons) Subgroup 9A and the Peppers/Eggplant Fruiting Vegetables Subgroup 8-10B.  Furthermore, the registrant submitted application for the use on soybeans under Section 3 registration.  Based on a review of the use information, it was found that the proposed new crops have a lower seasonal application rates than the previously evaluated uses on turf.  The maximum seasonal rates for the newly proposed crops is 4.68 lb a.i./A, compared to 8.4 lb a.i./A/season for turf (DP Barcode D391184) (Table 1-2).  EDWCs for the new uses should be smaller than those already calculated for turf; therefore, a new drinking water assessment (DWA) is not required.  The values reported in the previous assessment can be used to cover the new crops.

The last DWA is dated August 3, 2011 (assessment of the use on turf; DP Barcode D391184).  The same DWA has a copy of the DWA dated February 24, 2010 appended (uses on lettuce, apples, carrots and bulb vegetables, Crop Subgroup 3-07A; DP Barcodes D360713, D365942 & D365948).  This DWA and attachment provide specific information about the chemicals modeled (fluazinam, DCPA, HYPA, CAPA, DAPA and AMPA), structures, problem formulation and approach taken in modeling the crops, a summary of physicochemical and environmental fate properties of the chemicals, previous agricultural and turf uses, mode of action, analysis, uncertainties, characterization, etc.
EDWCs were calculated for total fluazinam residues because the environmental fate studies indicated that the parent compound undergoes transformation to compounds with a similar structure to the parent under most conditions [as per the Metabolism Assessment Review Committee (MARC) request, DP Barcode D272624, W. Cutchin, 04/23/2001].

The EDWCs summarized in Table 1-1 represent upper-bound estimates of the parent and degradates' concentrations that might be found in surface water and groundwater due to the use of fluazinam on turf, as reported previously in DP Barcode D391184.   It is noted that this is still a screening-level analysis and refinements are possible.  Should any questions arise, please, contact the Environmental Fate and Effects Division (EFED).

Table 1-1.  Maximum Tier 1 Estimated Drinking Water Concentrations (EDWCs) for drinking water assessment based on ground application of fluazinam on turf at a seasonal rate of 8.4 lb a.i./A
                                 Source/Model
                                   Fluazinam
                        Total Residues of Fluazinam[1]

                                   Acute/ppb
                                  Chronic/ppb
                                   Acute/ppb
                                  Chronic/ppb
                             Surface Waters/FIRST
                                     217 2
                                     1.47
                                     226 2
                                     37.8
                             Groundwater/SCI-GROW
                                     0.404
1. Including the following transformation products: DCPA, HYPA, CAPA, DAPA and AMPA.
[2][.] Exceeds the solubility of fluazinam at pH 7 (71 ppb), but not the solubility at pH 11 (350 ppm).

Background and New Use Information

As indicated above, new uses for fluazinam have been requested by the IR-4 Project and the registrant, ISK Biosciences Corporation, under Section 3, on cucurbits (melons), fruiting vegetables (peppers/eggplant), and soybeans (Table 1-2).  It was found that the maximum seasonal application rate for the previously assessed use on turf (8.4 lb a.i./A/season) is much higher than for the new uses (4.68 lb a.i./A/season).

A summary table of the newly proposed use patterns is provided in Table 1-2.  This information is based on the proposed Supplemental Labels for the product OMEGA[(R)] 500F (EPA Reg. No. 71512-1), which contains 40.0% a.i. or 4.17 lb a.i./gal of product.  The product label claims that it is a broad spectrum fungicide for use to control diseases such as Downy Mildew, Alternaria Leaf Spot and Gummy Stem on cucurbit (melon) crops, Phytophthora blight (Phytophthora capsici) on peppers/eggplant, and white mold (Sclerotinia Sclerotiorum) on soybeans.

Table 1-2.  Use information for fluazinam based on proposed Supplemental Labels for OMEGA[(R)] 500F (EPA Reg. No. 71512-1)
                                      USE
               MAX. SINGLE  APP. RATE              (lb. a.i./A)
                         NUMBER OF APPS. AT MAX. RATE
                        SEASONAL APP. RATE (lb. a.i./A)
                     MINIMUM INTERVAL BETWEEN APPS. (days)
                                  APP. METHOD
                                      PHI
                                    (days)
Cucurbit Vegetables, Melon Subgroup 9A; Includes Citron melon; Muskmelon, including hybrids and/or varieties of Cucumis melo (including true cantaloupe, cantaloupe, casaba, Santa Claus melon, Crenshaw melon, honeydew melon, honey balls, Persian melon, golden pershaw melon, mango melon, pineapple melon, snake melon); and watermelon, including hybrids and/or varieties of Citrullus spp.
                                     0.78
                                       6
                                     4.68
                                       7
                                   Foliar[1]
                                      30
Fruiting Vegetable, Pepper/ Eggplant Subgroup 8-10B; Includes African eggplant; bell pepper; eggplant; martynia; nonbell pepper; okra; pea; eggplant; pepino; roselle; scarlet eggplant; cultivars, varieties, and/ or hybrids of these
                                     0.78
                                       6
                                     4.68
                                       7
                                  Foliar[1,2]
                                      30
Soybeans
                                     0.52
                                       2
                                     1.04
                                      10
                                    Foliar
                                     NS[3]
[1] Use sufficient water to provide coverage of foliage.  Aerial applications are not allowed for these crops.  May be applied through sprinkler system irrigation equipment.
2 The initial application may be made as a soil drench at transplanting.
[3] Do not apply after growth stage R3, early pod formation.

Data Gaps

In previous reviews, it was indicated that the environmental fate database for fluazinam is substantially complete.  It was stated that the terrestrial field dissipation and environmental chemistry methods/independent laboratory validations (ECMs/ILVs) were environmental fate data gaps.  ISK Biosciences Corporation has submitted several studies which are currently being reviewed.  They will be evaluated and their suitability determined.

835.6100: Terrestrial Field Dissipation.  Three terrestrial field dissipation studies were submitted (MRID#s 48361521, 48361522 & 48361523).  Another relevant study includes a storage stability study (MRID# 48361518).

835.6100, 835.6200:  Environmental Chemistry Methods (ECMs) and Independent Laboratory Validations (ILVs) for Soil, Water and Sediment.  The registrant submitted various method and validation studies (MRID#s 48361519, 48361520, 48361524, 48632401, 48632402, 48635801 & 48635802).

Finally, the registrant submitted a study which had not been previously required (MRID# 48361525).  Despite being identified by guideline number as an aquatic field dissipation study in the transmittal letter, it is an aerobic aquatic metabolism study.


[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76420-76424]
[FR Doc No: 2012-31289]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2012-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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 (email<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 Associate Administrator for
Mitigation 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:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in feet
                                                                                (NGVD)  + Elevation in
                                                                                feet  (NAVD)
                State                      City/town/county                 Source of flooding                                      Location                              Depth in feet above
                                                                                ground [caret] Elevation
                                                                                in  meters (MSL) modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                City of Lubbock, Texas
                                                                                Docket No.: FEMA-B-1221
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Texas................................  City of Lubbock.........  Playa System E1.........................  At the intersection of Avenue T and 40th Street...........                      +3206
                                                                                At the intersection of Slide Road and 58th Street.........                      +3256
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 Lubbock
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maps are available for inspection at City Hall, 1625 13th Street, Lubbock, TX 79401.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD)  + Elevation in
                                       Location of referenced    feet (NAVD)
         Flooding source(s)                  elevation            Depth in feet above      Communities affected
                                                                ground [caret] Elevation
                                                               in  meters (MSL) modified
----------------------------------------------------------------------------------------------------------------
                                Magoffin County, Kentucky, and Incorporated Areas
                                             Docket No.: FEMA-B-1229
----------------------------------------------------------------------------------------------------------------
Beetree Branch (backwater effects     At the Licking River                          +956  Unincorporated Areas
 from Licking River).                  confluence.                                         of Magoffin County.
                                      Approximately 885 feet                        +956
                                       upstream of the
                                       Licking River
                                       confluence.
Big Half Mountain Creek (backwater    At the Licking River                          +901  Unincorporated Areas
 effects from Licking River).          confluence.                                         of Magoffin County.
                                      Approximately 355 feet                        +901
                                       upstream of Clyde
                                       Holliday Cemetery Road.

Brushy Fork (backwater effects from   At the Licking River                          +976  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 865 feet                        +976
                                       upstream of the
                                       Licking River
                                       confluence.
Buck Branch (backwater effects from   At the Licking River                          +932  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 1,615                           +932
                                       feet upstream of the
                                       Licking River
                                       confluence.
Elk Creek (backwater effects from     At the Licking River                          +848  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 175 feet                        +848
                                       upstream of Combs
                                       Branch Road.
Gardner Branch (backwater effects     At the Licking River                          +849  Unincorporated Areas
 from Licking River).                  confluence.                                         of Magoffin County.
                                      Approximately 615 feet                        +849
                                       upstream of Connelly
                                       Farm Road.
Grape Creek (backwater effects from   At the Licking River                          +828  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 0.7 mile                        +828
                                       upstream of the
                                       Licking River
                                       confluence.
Gun Creek (backwater effects from     At the Licking River                          +890  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 700 feet                        +890
                                       upstream of State
                                       Highway 7.
Johnson Creek (backwater effects      At the Licking River                          +829  Unincorporated Areas
 from Licking River).                  confluence.                                         of Magoffin County.
                                      Approximately 870 feet                        +829
                                       upstream of State
                                       Highway 134.
Left Fork Licking River (backwater    Approximately 0.8 mile                        +846  Unincorporated Areas
 effects from Licking River).          upstream of Bert T.                                 of Magoffin County.
                                       Combs Mountain Parkway.
                                      Approximately 1,505                           +846
                                       feet upstream of State
                                       Highway 3337.
Lick Creek (backwater effects from    At the Licking River                          +814  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 120 feet                        +814
                                       downstream of Hensley
                                       Road.
Licking River.......................  At the Morgan County                          +806  City of Salyersville,
                                       boundary.                                           Unincorporated Areas
                                                                                of Magoffin County.
                                      Approximately 800 feet                       +1014
                                       upstream of Quicksand
                                       Fork Road.
Licking River Arc 1.................  At the Licking River                          +849  Unincorporated Areas
                                       confluence.                                         of Magoffin County.
                                      At the Licking River                          +849
                                       divergence.
Licking River Arc 2.................  At the Licking River                          +852  City of Salyersville,
                                       confluence.                                         Unincorporated Areas
                                                                                of Magoffin County.
                                      Approximately 1,935                           +852
                                       feet downstream of
                                       Main Street.
Middle Fork Licking River (backwater  At the Licking River                          +846  Unincorporated Areas
 effects from Licking River).          confluence.                                         of Magoffin County.
                                      Approximately 0.8 mile                        +846
                                       upstream of Bert T.
                                       Combs Mountain Parkway.
Oakley Creek (backwater effects from  At the Licking River                          +883  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 1,140                           +883
                                       feet upstream of State
                                       Highway 1635.
Pricy Creek (backwater effects from   At the Licking River                          +808  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 670 feet                        +808
                                       upstream of State
                                       Highway 3333.
Quicksand Fork (backwater effects     At the Licking River                         +1012  Unincorporated Areas
 from Licking River).                  confluence.                                         of Magoffin County.
                                      Approximately 360 feet                       +1012
                                       upstream of Quicksand
                                       Fork Road.
Right Fork Buck Branch (backwater     At the Buck Branch                            +932  Unincorporated Areas
 effects from Licking River).          confluence.                                         of Magoffin County.

                                      Approximately 95 feet                         +932
                                       downstream of Buck
                                       Creek Road.
Right Fork Licking River (backwater   Approximately 0.8 mile                        +846  Unincorporated Areas
 effects from Licking River).          upstream of Bert T.                                 of Magoffin County.
                                       Combs Mountain Parkway.
                                      Approximately 1,670                           +846
                                       feet upstream of Ghost
                                       Branch Road.
Salt Lick Branch (backwater effects   At the Licking River                          +924  Unincorporated Areas
 from Licking River).                  confluence.                                         of Magoffin County.
                                      Approximately 0.6 mile                        +924
                                       upstream of State
                                       Highway 7.
Trace Fork (backwater effects from    At the Licking River                          +943  Unincorporated Areas
 Licking River).                       confluence.                                         of Magoffin County.
                                      Approximately 1,410                           +943
                                       feet upstream of the
                                       Licking River
                                       confluence.
----------------------------------------------------------------------------------------------------------------
* 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 Salyersville
Maps are available for inspection at City Hall, 315 East Maple Street, Salyersville, KY 41465.

                                     Unincorporated Areas of Magoffin County

Maps are available for inspection at the Magoffin County Courthouse, Judge's Office, 457 Parkway Drive,
 Salyersville, KY 41465.
----------------------------------------------------------------------------------------------------------------
                                  Cass County, Missouri, and Incorporated Areas
                                             Docket No. FEMA B-1193
----------------------------------------------------------------------------------------------------------------
Lake Winnebago......................  Entire shoreline.......                       +923  City of Lake
                                                                                Winnebago.
Unnamed Tributary to Lumpkins Fork    From approximately 275                        +962  City of Raymore.
 (backwater effects from Lumpkins      feet upstream of the
 Fork).                                Lumpkins Fork
                                       confluence to
                                       approximately 850 feet
                                       upstream of the
                                       Lumpkins Fork
                                       confluence.
Unnamed Tributary to Mill Creek       From approximately 50                         +893  Village of Loch Lloyd.
 (backwater effects from Mill Creek).  feet upstream of the
                                       Mill Creek confluence
                                       to approximately 850
                                       feet upstream of the
                                       Mill Creek confluence.
Unnamed Tributary to Poney Creek      From approximately                            +845  Unincorporated Areas
 (backwater effects from Poney         1,300 feet upstream of                              of Cass County.
 Creek).                               the Poney Creek
                                       confluence to
                                       approximately 1.0 mile
                                       upstream of the Poney
                                       Creek confluence.
Unnamed Tributary to South Grand      From approximately                            +849  Unincorporated Areas
 River (backwater effects from South   1,850 feet upstream of                              of Cass County.
 Grand River).                         South Lake Annette
                                       Road to approximately
                                       0.49 mile upstream of
                                       South Lake Annette
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Lake Winnebago
Maps are available for inspection at City Hall, 10 East Winnebago Drive, Lake Winnebago, MO 64034.

City of Raymore
Maps are available for inspection at City Hall, 100 Municipal Circle, Raymore, MO 64083.

                                       Unincorporated Areas of Cass County

Maps are available for inspection at the Cass County Courthouse, 102 East Wall Street, Harrisonville, MO 64701.

Village of Loch Lloyd
Maps are available for inspection at Cass County Codes and Zoning Office, 30508 Southwest Outer Road,
 Harrisonville, MO 64701.
----------------------------------------------------------------------------------------------------------------
                                 Kiowa County, Oklahoma, and Incorporated Areas
                                    Docket Nos.: FEMA-B-1158 and FEMA-B-1229
----------------------------------------------------------------------------------------------------------------
Lake Altus..........................  Entire shoreline within                      +1555  Unincorporated Areas
                                       community.                                          of Kiowa County.
Tributary 1.........................  Approximately 1,200                          +1347  City of Snyder,
                                       feet downstream of A                                Unincorporated Areas
                                       Street.                                             of Kiowa County.

                                      Approximately 70 feet                        +1356
                                       downstream of the
                                       railroad.
Tributary 2.........................  Approximately 950 feet                       +1353  City of Snyder,
                                       downstream of B Street.                             Unincorporated Areas
                                                                                of Kiowa County.
                                      Approximately 600 feet                       +1360
                                       downstream of the
                                       railroad.
----------------------------------------------------------------------------------------------------------------
* 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 Snyder
Maps are available for inspection at City Hall, 721 E Street, Snyder, OK 73566.

                                      Unincorporated Areas of Kiowa County

Maps are available for inspection at the Kiowa County Courthouse, 316 South Main Street, Hobart, OK 73651.
----------------------------------------------------------------------------------------------------------------
                               Wayne County, West Virginia, and Incorporated Areas
                                             Docket No.: FEMA-B-1229
----------------------------------------------------------------------------------------------------------------
Big Sandy River.....................  At the Ohio River                             +550  Town of Fort Gay,
                                       confluence.                                         Unincorporated Areas
                                                                                of Wayne County.
                                      At the Tug Fork                               +575
                                       confluence.
Mill Creek (backwater effects from    From the Tug Fork                             +575  Town of Fort Gay.
 Tug Fork).                            confluence to
                                       approximately 1.1
                                       miles upstream of the
                                       Tug Fork confluence.
Tug Fork............................  At the Big Sandy River                        +575  Town of Fort Gay.
                                       confluence.
                                      Approximately 0.5 mile                        +575
                                       upstream of the Big
                                       Sandy River confluence.
----------------------------------------------------------------------------------------------------------------
* 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

Town of Fort Gay
Maps are available for inspection at the Town Hall, 3407 Wayne Street, Fort Gay, WV 25514.

                                      Unincorporated Areas of Wayne County

Maps are available for inspection at the Wayne County Courthouse, 700 Hendricks Street, Wayne, WV 25570.
----------------------------------------------------------------------------------------------------------------

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

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2012-31289 Filed 12-27-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Proposed Rules]
[Pages 28731-28734]
[FR Doc No: 2021-10628]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0137]
RIN 1625-AA08

Special Local Regulation; North Atlantic Ocean, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking; re-opening of
public comment period.

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

SUMMARY: On March 18, 2021, the Coast Guard published a notice of
proposed rulemaking to establish temporary special local regulations on
May 2, 2021, to provide for the safety of life on certain navigable
waters of the North Atlantic Ocean during the Ocean City Offshore Grand
Prix. The Coast Guard is publishing this revised notice of proposed
rulemaking because the event sponsor has postponed the event until
October 24, 2021. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 28, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0137 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Shaun Landante, U.S. Coast
Guard Sector Maryland--National Capital Region; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard published an NPRM on March 18, 2021 (86 FR 14716),
proposing to establish a special local

regulation for the Ocean City Offshore Grand Prix on the North Atlantic
Ocean, on May 2, 2021. After publication of that notice, the Coast
Guard was informed by the sponsor that the event was being postponed
until October 24, 2021. This is the only change from the original
proposal published on March 18. We are issuing this supplemental
proposal to amend the special local regulation due to account for the
change in the event date, and re-open the comment period to account for
this change.
    The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard proposes this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland--National Capital Region proposes to establish
special local regulations from 10 a.m. through 6 p.m. on October 24,
2021. There is no alternate date planned for this event. The regulated
area would cover all navigable waters of the North Atlantic Ocean,
within an area bounded by the following coordinates: Commencing at a
point near the shoreline at latitude 38[deg]21'42'' N, longitude
075[deg]04'11'' W, thence east to latitude 38[deg]21'33'' N, longitude
075[deg]03'10'' W, thence southwest to latitude 38[deg]19'25'' N,
longitude 075[deg]04'02'' W, thence west to the shoreline at latitude
38[deg]19'35'' N, longitude 075[deg]05'02'' W, at Ocean City, MD. The
regulated area is approximately 4,500 yards in length and 1,600 yards
in width.
    This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Race area,'' ``Buffer area'', and ``Spectator area.''
    The proposed size of the regulated area are intended to ensure the
safety of life on these navigable waters before, during, and after the
high-speed power boat racing event, scheduled from 12 p.m. to 5 p.m. on
October 24, 2021. The COTP and the Coast Guard Event Patrol Commander
(PATCOM) would have authority to forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area would be required to immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
    Except for Ocean City Grand Prix participants and vessels already
at berth, a vessel or person would be required to get permission from
the COTP or Event PATCOM before entering the regulated area. Vessel
operators can request permission to enter and transit through the
regulated area by contacting the Event PATCOM on VHF-FM channel 16.
Vessel traffic would be able to safely transit the regulated area once
the Event PATCOM deems it safe to do so. A person or vessel not
registered with the event sponsor as a participant or assigned as
official patrols would be considered a spectator. Official Patrols are
any vessel assigned or approved by the Commander, Coast Guard Sector
Maryland--National Capital Region with a commissioned, warrant, or
petty officer on board and displaying a Coast Guard ensign.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area. Official patrol vessels will direct spectator vessels while
within the regulated area. Only participant vessels and official patrol
vessels would be allowed to enter the race area.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and
location of the regulated area. Vessel traffic would be able to safely
transit around this regulated area, which would impact a small
designated area of the North Atlantic Ocean for 8 hours. The Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the status of the regulated area. Moreover, the rule
would allow vessels to seek permission to enter the regulated area, and
vessel traffic would be able to safely transit the regulated area once
the Event PATCOM deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132

(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for eight hours. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive. If you go to the online docket and sign up for email alerts,
you will be notified when comments are posted or a final rule is
published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0137 to read as follows:

Sec.  100.501T05-0137   Special Local Regulation; North Atlantic Ocean,
Ocean City, MD.

    (a) Locations. All coordinates reference Datum NAD 1983. (1)
Regulated area. All navigable waters of the North Atlantic Ocean,
within an area bounded by the following coordinates: Commencing at a
point near the shoreline at position latitude 38[deg]21'42'' N,
longitude 075[deg]04'11'' W; thence east to latitude 38[deg]21'33'' N,
longitude 075[deg]03'10'' W; thence southwest to latitude
38[deg]19'25'' N, longitude 075[deg]04'02'' W; thence west to the
shoreline at latitude 38[deg]19'35'' N, longitude 075[deg]05'02'' W, at
Ocean City, MD. The race area, buffer area, and spectator area are
within the regulated area.
    (2) Race area. The race area is a polygon in shape measuring
approximately 3,500 yards in length by 350 yards in width. The area is
bounded by a line commencing at position latitude 38[deg]19'46.85'' N,
longitude 075[deg]04'43.28'' W, thence east to latitude
38[deg]19'44.23'' N, longitude 075[deg]04'29.89'' W, thence north and
parallel to Ocean City, MD shoreline to latitude 38[deg]21'23.24'' N,
longitude 075[deg]03'48.87'' W, thence west to latitude
38[deg]21'25.12'' N, longitude 075[deg]04'02.45'' W; thence south to
the point of origin.
    (3) Buffer area. The buffer zone is a polygon in shape measuring
approximately 500 yards in all directions surrounding the entire race
area described in the preceding paragraph of this section. The area is
bounded by a line commencing at a point near the shoreline at position
latitude 38[deg]21'42'' N, longitude 075[deg]04'11'' W; thence east to
latitude 38[deg]21'35'' N, longitude 075[deg]03'24'' W; thence
southwest to latitude 38[deg]19'28'' N, longitude 075[deg]04'17'' W;
thence west to the shoreline at latitude 38[deg]19'35'' N,

longitude 075[deg]05'02'' W, at Ocean City, MD.
    (4) Spectator area. The designated spectator area is a polygon in
shape measuring approximately 3,500 yards in length by 350 yards in
width. The area is bounded by a line commencing at position latitude
38[deg]19'40'' N, longitude 075[deg]04'12'' W, thence east to latitude
38[deg]19'37'' N, longitude 075[deg]03'59'' W, thence northeast to
latitude 38[deg]21'17'' N, longitude 075[deg]03'17'' W, thence west to
latitude 38[deg]21'20'' N, longitude 075[deg]03'31'' W, thence
southwest to point of origin.
    (b) Definitions. As used in this section:
    Buffer area is a neutral area that surrounds the perimeter of the
Race Area within the regulated area described by this section. The
purpose of a buffer zone is to minimize potential collision conflicts
with marine event participants or race boats and spectator vessels or
nearby transiting vessels. This area provides separation between a Race
Area and a specified Spectator Area or other vessels that are operating
in the vicinity of the regulated area established by the special local
regulations.
    Captain of the Port (COTP) Maryland--National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland--National Capital
Region or any Coast Guard commissioned, warrant or petty officer who
has been authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland--National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland--National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the Ocean City Grand Prix or otherwise
designated by the event sponsor as having a function tied to the event.
    Race area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    (c) Special local regulations: (1) The COTP Maryland--National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland--National Capital Region
or Event PATCOM may terminate the event, or a participant's operations
at any time the COTP Maryland--National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
pass directly through the regulated area as instructed by Event PATCOM.
A vessel within the regulated area must operate at safe speed that
minimizes wake.
    (4) Only participant vessels and official patrol vessels are
allowed to enter the race area.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland--National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland--National Capital Region
at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 10 a.m.
to 6 p.m. on October 24, 2021.

     Dated: May 14, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2021-10628 Filed 5-27-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Notices]
[Page 40834]
[DOCID:fr13au09-71]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0693]

Maritime Labour Convention, 2006; Informational Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of informational meeting.

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

SUMMARY: The Coast Guard and the Maritime Administration will host an
informational meeting to discuss the content of the Maritime Labour
Convention, 2006 (MLC, 2006). The purpose of this meeting is to provide
the industry with an overview of the MLC, 2006, and to help clarify
areas that may require additional interpretation. This meeting is
strictly informational and it is not meant to discuss the merits of
ratification of the MLC, 2006. The meeting will be on Monday, August
24, 2009, and open to the public.

DATES: The public meeting will be on Monday, August 24, 2009, from 9
a.m. to 11:50 a.m., at the Department of Transportation, Conference
Center, Rooms 8-9-10, 1200 New Jersey Avenue, SE., Washington, DC
20590, telephone<PHONE_NUMBER>. Please note this meeting may close early
if all business is finished.

ADDRESSES: This notice is available on the Internet at
www.regulations.gov under the docket number USCG-2009-0693. The MLC,
2006, is available on the Internet at http://www.ilo.org/global/What_
we_do/InternationalLabourStandards/MaritimeLabourConvention/lang_en/
index.htm.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
contact Mr. Anthony D. Morris, U.S. Coast Guard Headquarters, CG-5221,
Room 1210, 2100 Second Street SW., Stop 7126, Washington, DC 20593-
7126; telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or e-mail at Anthony D.
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Mr. Anthony D. Morris at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice as soon as possible.
    Background and Purpose: The MLC, 2006, was adopted by the
International Labour Conference of the International Labour
Organization (ILO) in February 2006. It sets out seafarers' rights to
decent conditions of work and helps to create conditions of fair
competition for shipowners. The MLC, 2006, has been designed to become
the ``fourth pillar'' of the international regulatory regime for
quality shipping complementing the key conventions of the International
Maritime Organization (IMO), such as the International Convention for
the Safety of Life at Sea, 1974, as amended (SOLAS), the International
Convention on Standards of Training, Certification and Watchkeeping,
1978, as amended (STCW), and the International Convention for the
Prevention of Pollution from Ships, 73/78 (MARPOL). The MLC, 2006,
contains a comprehensive set of global standards, based on those that
are already found in 68 maritime labour instruments adopted by the ILO
since 1920.
    Meeting Agenda: The purpose of this meeting is to provide the
industry with an overview of the MLC, 2006, and to help clarify areas
that may require additional interpretation. This meeting is strictly
informational and it is not meant to discuss the merits of ratification
of the MLC, 2006. The tentative agenda of the meeting is:
     Introduction to the MLC, 2006;
     Seafarer's perspective;
     Shipowner's perspective;
     Overview of the MLC, 2006;
     United States Process for ratification.

Procedural

    The meeting is open to the public. Please note that the meeting may
close early if all business is finished. At the meeting facilitator's
discretion, members of the public may make presentations and ask
questions in response to information provided at the meeting. The
meeting will not be recorded and the Coast Guard and the Maritime
Administration do not intend to provide response to presentations.
However, a summary of the information presented by the Coast Guard and
the Maritime Administration will be made available after the meeting on
the Internet at http://homeport.uscg.mil.
    A government-issued photo identification (for example, a driver's
license) will be required for entrance at the meeting location. We
encourage individuals planning on attending to arrive early in order to
allow sufficient time before the meeting to clear security.
    This notice is issued under authority of 5 U.S.C. 552.

    Dated: August 7, 2009.
J.G. Lantz,
Director of Commercial, Regulations and Standards.
[FR Doc. E9-19395 Filed 8-12-09; 8:45 am]

BILLING CODE 4910-15-P