[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Proposed Rules]
[Pages 26968-26976]
[FR Doc No: 2011-11411]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1192]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

DATES: Comments are to be submitted on or before August 8, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1192, to
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>
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) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

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

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

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

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

Sec.  67.4  [Amended]

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

----------------------------------------------------------------------------------------------------------------
                                                                  *Elevation in feet
                                                                 (NGVD) +Elevation in
                                                                  feet (NAVD) Depth in feet above
         Flooding source(s)            Location of referenced   ground [caret]Elevation    Communities affected
                                            elevation**             in meters (MSL)

                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                              Sacramento County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Dry Creek...........................  Approximately 1.6 miles          +41          +42  City of Sacramento,
                                       upstream of the                                    Unincorporated Areas
                                       Natomas East Main                                  of Sacramento County.
                                       Drainage Canal
                                       confluence.
                                      Approximately 0.4 mile           +75          +77
                                       upstream of Elverta
                                       Road.
Dry Creek (North Branch)............  At the Dry Creek                 +41          +43  Unincorporated Areas of
                                       confluence.                                        Sacramento County.
                                      At the divergence from           +71          +73
                                       Dry Creek.
Grand Island (static flooding)--      At the area between             None          +10  Unincorporated Areas of
 floodplain area between Sacramento    Highway 160 and Grand                              Sacramento County.
 River and Steamboat Slough.           Island Road.
Linda Creek.........................  Approximately 0.7 mile          +172         +173  Unincorporated Areas of
                                       downstream of Indian                               Sacramento County.
                                       Creek Drive.
                                      Approximately 1.0 mile          +268         +271
                                       upstream of Cherry
                                       Avenue (at the county
                                       boundary).
Linda Creek (South Branch)..........  At the Linda Creek              +196         +198  Unincorporated Areas of
                                       confluence.                                        Sacramento County.
                                      Approximately 700 feet          None         +235
                                       upstream of Walnut
                                       Avenue.
Pierson District (static flooding)--  At the area north and           None          +16  Unincorporated Areas of
 floodplain area east of Sacramento    east of River Road,                                Sacramento County.
 River.                                south of Randall
                                       Island Road, and west
                                       of the levee extending
                                       from River Road to the
                                       intersection of
                                       Randall Island Road
                                       and State Highway 24.
RD 744 (static flooding)--floodplain  At the area south and           None          +20  Unincorporated Areas of
 area east of Sacramento River.        east of River Road.                                Sacramento County.
RD 746 (static flooding)--floodplain  At the area north of            None          +18  Unincorporated Areas of
 area east of Sacramento River.        Blair Street and east                              Sacramento County.
                                       of River Road.
RD 813 (static flooding)--floodplain  At the area southeast           None          +17  Unincorporated Areas of
 area east of Sacramento River.        of River Road,                                     Sacramento County.
                                       northeast of Herzog
                                       Road, and south of
                                       Blair Street.
Sheet Flow Areas (AO Zones).........  At the area between       1   2  Unincorporated Areas of
                                       Bradshaw Road and                                  Sacramento County.
                                       Gerber Road and
                                       approximately 0.4 mile
                                       north of Carmen Cita
                                       Avenue.

Sheet Flow Areas (AO Zones).........  At the area               2   1  Unincorporated Areas of
                                       approximately 0.8 mile                             Sacramento County.
                                       east of the
                                       intersection of
                                       Bradshaw Road and
                                       Elder Creek Road and
                                       approximately 0.9 mile
                                       south of Jackson Road.
Sierra Creek........................  At the Dry Creek                 +69          +70  Unincorporated Areas of
                                       confluence.                                        Sacramento County.
                                      Approximately 260 feet           +69          +70
                                       upstream of 28th
                                       Street.
Sutter Island (static flooding)--     At the area between             None          +16  Unincorporated Areas of
 floodplain area between Sacramento    Highway 160 and Sutter                             Sacramento County.
 River, Steamboat Slough, and Sutter   Island Road.
 Slough.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                   ADDRESSES:
City of Sacramento
Maps are available for inspection at City Hall, 915 I Street, 5th Floor, Sacramento, CA 95814.

                                    Unincorporated Areas of Sacramento County
Maps are available for inspection at the Sacramento County Water Resources Department, 827 7th Street, Room 301,
 Sacramento, CA 95814.
----------------------------------------------------------------------------------------------------------------
                               Caldwell Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hurricane Creek.....................  Approximately 500 feet          None         +125  Town of Clarks, Village
                                       downstream of the                                  of Grayson.
                                       railroad.
                                      Approximately 0.66 mile         None         +160
                                       upstream of State
                                       Highway 126.
Ouachita River......................  Approximately 0.7 mile          None          +73  Unincorporated Areas of
                                       downstream of U.S.                                 Caldwell Parish.
                                       Route 165.
                                      Approximately 1,475             None          +73
                                       feet upstream of U.S.
                                       Route 165.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                   ADDRESSES:
Town of Clarks
Maps are available for inspection at the Town Hall, 1714 U.S. Route 845, Clarks, LA 71415.

                                     Unincorporated Areas of Caldwell Parish
Maps are available for inspection at the Caldwell Parish Community Recreation Center/911 Complex, 6563 U.S.
 Route 165, Columbia, LA 71418.

Village of Grayson
Maps are available for inspection at the Village Hall, 5228 U.S. Route 126 East, Grayson, LA 71435.
----------------------------------------------------------------------------------------------------------------
                                  Clay County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brushy Creek........................  Approximately 400 feet          +985         +987  City of Lawson,
                                       upstream of the most                               Unincorporated Areas
                                       downstream Clinton                                 of Clay County.
                                       County boundary.
                                      At the most upstream            None        +1045
                                       Clinton County
                                       boundary.
Cates Branch........................  At the upstream side of         +755         +756  City of Liberty,
                                       Liberty Landing Road.                              Unincorporated Areas
                                                                                of Clay County.
                                      At the downstream side          +852         +851
                                       of Harrison Street.

Clear Creek.........................  At the Fishing River            +777         +775  City of Kearney, City
                                       confluence.                                        of Mosby,
                                                                                Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 0.5 mile          +819         +823
                                       upstream of Nation
                                       Road.
Clear Creek Tributary 15............  Approximately 0.8 mile          +779         +780  Unincorporated Areas of
                                       upstream of the Clear                              Clay County.
                                       Creek confluence.
                                      Approximately 1 mile            None         +788
                                       upstream of the Clear
                                       Creek confluence.
Clear Creek Tributary 15.1 (overflow  Approximately 1,375             +779         +780  City of Kearney,
 effects from Clear Creek).            feet upstream of the                               Unincorporated Areas
                                       Clear Creek confluence.                            of Clay County.
                                      Approximately 377 feet          None         +786
                                       upstream of 6th Street.
Crockett Creek......................  At the Holmes Creek             +772         +766  City of Mosby,
                                       confluence.                                        Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 1,400             +785         +790
                                       feet upstream of
                                       Longridge Road.
Crockett Creek Tributary 3..........  At the Crockett Creek           +773         +771  Unincorporated Areas of
                                       confluence.                                        Clay County.
                                      Approximately 0.7 mile          None         +791
                                       upstream of the
                                       Crockett Creek
                                       confluence.
Crockett Creek Tributary 4..........  Approximately 1,400             +785         +790  Unincorporated Areas of
                                       feet upstream of                                   Clay County.
                                       Longridge Road.
                                      Approximately 390 feet          None         +814
                                       upstream of Stockdale
                                       Road.
Dry Fork............................  At the downstream side          +776         +773  City of Excelsior
                                       of South Thompson                                  Springs,
                                       Avenue.                                            Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 0.6 mile          +909         +905
                                       downstream of Salem
                                       Road.
East Creek..........................  Approximately 550 feet          +866         +867  City of Gladstone.
                                       downstream of North
                                       Broadway Avenue.
                                      At the upstream side of         None         +904
                                       Northeast 61st Street.
East Fork Fishing River.............  At the Fishing River            +745         +744  City of Excelsior
                                       confluence.                                        Springs,
                                                                                Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 1,200             +787         +786
                                       feet upstream of Isley
                                       Boulevard.
East Fork Fishing River Tributary 2.  Approximately 154 feet          +763         +768  City of Excelsior
                                       downstream of Saint                                Springs.
                                       Louis Avenue.
                                      Approximately 1,600             +764         +768
                                       feet upstream of Saint
                                       Louis Avenue.
East Fork Line Creek Tributary 1....  Approximately 1,120             None         +909  City of Gladstone.
                                       feet upstream of
                                       Arrowhead Trafficway.
                                      Approximately 1,150             None         +909
                                       feet upstream of
                                       Arrowhead Trafficway.
First Creek.........................  At the Second Creek             +818         +819  City of Smithville,
                                       confluence.                                        Unincorporated Areas
                                                                                of Clay County.
                                      At the Platte County            +862         +864
                                       boundary.
Fishing River.......................  At the Ray County               +730         +731  City of Kearney, City
                                       boundary.                                          of Mosby,
                                                                                Unincorporated Areas
                                                                                of Clay County,
                                                                                Village of
                                                                                Prathersville.
                                      Approximately 0.5 mile          None         +860
                                       downstream of North
                                       Home Avenue.
Holmes Creek........................  At the Fishing River            +770         +763  City of Kearney, City
                                       confluence.                                        of Mosby,
                                                                                Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 1.1 miles         None         +829
                                       upstream of North
                                       State Route 33.
Little Platte River.................  Approximately 1.2 miles         +811         +810  City of Smithville,
                                       downstream of U.S.                                 Unincorporated Areas
                                       Route 169.                                         of Clay County.
                                      Approximately 0.5 mile          +814         +815
                                       downstream of State
                                       Route F.
Little Shoal Creek..................  At the Shoal Creek              +745         +744  City of Glenaire, City
                                       confluence.                                        of Liberty, City of
                                                                                Pleasant Valley,
                                                                                Village of Claycomo.
                                      At the upstream side of         None         +800
                                       North Church Road.

Little Shoal Creek Tributary 5......  Approximately 0.4 mile          +763         +764  City of Liberty.
                                       upstream of the Little
                                       Shoal Creek confluence.
                                      At the downstream side          None         +843
                                       of South State Route
                                       291.
Little Shoal Creek Tributary 6......  At the downstream side          +763         +765  City of Glenaire, City
                                       of Smiley Street.                                  of Liberty.
                                      Approximately 600 feet          +834         +830
                                       downstream of Liberty
                                       Drive.
Little Shoal Creek Tributary 7......  At the Little Shoal             +763         +764  City of Glenaire, City
                                       Creek confluence.                                  of Liberty.
                                      Approximately 300 feet          None         +798
                                       upstream of Kings
                                       Highway.
Mill Creek..........................  At the upstream side of         +793         +789  City of Gladstone,
                                       Randolph Road.                                     Village of Claycomo.
                                      At the downstream side          +947         +949
                                       of Northeast 62nd
                                       Terrace.
Missouri River......................  At the Ray County               +722         +717  City of Missouri City,
                                       boundary.                                          City of North Kansas
                                                                                City, Unincorporated
                                                                                Areas of Clay County,
                                                                                Village of Randolph.
                                      Approximately 300 feet          +747         +748
                                       upstream of I-29.
Muddy Fork..........................  At the Clear Creek              +786         +788  City of Holt, City of
                                       confluence.                                        Kearney,
                                                                                Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 0.6 mile          +865         +863
                                       upstream of County
                                       Road BB.
Old Maids Creek.....................  Approximately 980 feet          None         +896  City of Gladstone.
                                       upstream of Arrowhead
                                       Trafficway.
                                      Approximately 990 feet          None         +896
                                       upstream of Arrowhead
                                       Trafficway.
Owens Branch........................  At the Little Platte            +813         +812  City of Smithville,
                                       River confluence.                                  Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 1,000             +909         +911
                                       feet downstream of
                                       Northeast 188th Street.
Polecat Creek.......................  At the Wilkerson Creek          +881         +884  Unincorporated Areas of
                                       confluence.                                        Clay County.
                                      Approximately 0.95 mile         None         +980
                                       upstream of Clementine
                                       Road.
Randolph Creek......................  At the upstream side of         +746         +751  Village of Randolph.
                                       the most downstream
                                       crossing of I-435.
                                      At the downstream side          +761         +779
                                       of the most upstream
                                       crossing of I-435.
Randolph Creek Tributary............  At the Randolph Creek           +746         +751  Village of Randolph.
                                       confluence.
                                      Approximately 1,700             None         +763
                                       feet upstream of the
                                       Randolph Creek
                                       confluence.
Rock Creek..........................  At the upstream side of         +745         +759  City of Avondale, City
                                       Armour Road.                                       of North Kansas City.
                                      Approximately 150 feet          +777         +780
                                       upstream of Northeast
                                       Excelsior Street.
Rock Creek Gladstone................  Approximately 150 feet          +849         +851  City of Gladstone.
                                       upstream of North
                                       Jackson Drive.
                                      Approximately 250 feet          None         +934
                                       upstream of Northeast
                                       72nd Street.
Rock Creek Tributary 11 (backwater    From the Rock Creek             +756         +761  City of North Kansas
 effects from Rock Creek Tributary     Tributary 11.2                                     City.
 11.2).                                confluence to the
                                       downstream side of I-
                                       29.
Rock Creek Tributary 11.2...........  At the upstream side of         +752         +758  City of North Kansas
                                       Armour Road.                                       City.
                                      Approximately 640 feet          None         +784
                                       upstream of I-29.
Rocky Branch........................  At the Wilkerson Creek          +846         +848  City of Smithville,
                                       confluence.                                        Unincorporated Areas
                                                                                of Clay County.
                                      Approximately 250 feet          None         +888
                                       downstream of
                                       Northeast 132nd Street.
Rush Creek..........................  At the Missouri River           +730         +727  City of Liberty,
                                       confluence.                                        Unincorporated Areas
                                                                                of Clay County.
                                      At the Rush Creek               None         +826
                                       Tributary 15
                                       confluence.
Second Creek........................  At the Little Platte            +814         +813  City of Smithville,
                                       River confluence.                                  Unincorporated Areas
                                                                                of Clay County.
                                      At the Platte County            None         +822
                                       boundary.

Shoal Creek Tributary 20............  At the Shoal Creek              +768         +769  City of Pleasant
                                       confluence.                                        Valley.
                                      Approximately 300 feet          +807         +824
                                       downstream of North
                                       Corrington Avenue.
Shoal Creek Tributary 20.1..........  At the Shoal Creek              +771         +773  City of Pleasant
                                       Tributary 20                                       Valley.
                                       confluence.
                                      Approximately 1,400             +807         +805
                                       feet upstream of Kaill
                                       Road.
Town Branch.........................  At the Shoal Creek              +733         +734  City of Liberty.
                                       confluence.
                                      Approximately 0.8 mile          None         +775
                                       upstream of East Ruth
                                       Ewing Road.
Wilkerson Creek.....................  Approximately 400 feet          +816         +817  City of Smithville,
                                       upstream of East                                   Unincorporated Areas
                                       County Road DD.                                    of Clay County.
                                      Approximately 0.4 mile          None         +936
                                       upstream of the
                                       Wilkerson Creek
                                       Tributary 5 confluence.
Williams Creek......................  At the Fishing River            +760         +758  Unincorporated Areas of
                                       confluence.                                        Clay County, Village
                                                                                of Prathersville.
                                      Approximately 0.5 mile          +849         +851
                                       upstream of County
                                       Road RA.
Williams Creek Tributary 14.........  At the Williams Creek           +814         +817  Unincorporated Areas of
                                       confluence.                                        Clay County.
                                      Approximately 150 feet          None         +834
                                       upstream of Northeast
                                       161st 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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                   ADDRESSES:
City of Avondale
Maps are available for inspection at City Hall, 3007 State Highway 10, Kansas City, MO 64117.

City of Excelsior Springs
Maps are available for inspection at City Hall, 201 East Broadway Street, Excelsior Springs, MO 64024.

City of Gladstone
Maps are available for inspection at City Hall, 7010 North Holmes Street, Gladstone, MO 64118.

City of Glenaire
Maps are available for inspection at City Hall, 309 Smiley Road, Glenaire, MO 64068.

City of Holt
Maps are available for inspection at City Hall, 315 Main Street, Holt, MO 64048.

City of Kearney
Maps are available for inspection at City Hall, 100 East Washington Street, Kearney, MO 64060.

City of Lawson
Maps are available for inspection at City Hall, 103 North Pennsylvania Avenue, Lawson, MO 64062.

City of Liberty
Maps are available for inspection at City Hall, 101 East Kansas Street, Liberty, MO 64069.

City of Missouri City
Maps are available for inspection at the Clay County Courthouse, 1 Courthouse Square, Liberty, MO 64068.

City of Mosby
Maps are available for inspection at City Hall, 12312 4th Street, Mosby, MO 64024.

City of North Kansas City
Maps are available for inspection at City Hall, 2010 Howell Street, North Kansas City, MO 64116.

City of Pleasant Valley
Maps are available for inspection at City Hall, 6500 Royal Street, Pleasant Valley, MO 64068.

City of Smithville
Maps are available for inspection at City Hall, 107 West Main Street, Smithville, MO 64089.

                                       Unincorporated Areas of Clay County
Maps are available for inspection at the Clay County Courthouse, 1 Courthouse Square, Liberty, MO 64068.

Village of Claycomo
Maps are available for inspection at the Village Municipal Office, 115 Northeast 69 Highway, Claycomo, MO 64119.

Village of Prathersville
Maps are available for inspection at City Hall, 25615 H Highway, Prathersville, MO 64024.

Village of Randolph

Maps are available for inspection at City Hall, 7777 North East Birmingham Road, Randolph, MO 64161.
----------------------------------------------------------------------------------------------------------------
                                   Allen County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Auglaize River......................  Approximately 0.7 mile          None         +909  Unincorporated Areas of
                                       downstream of Greely                               Allen County.
                                       Chapel Road.
                                      Approximately 750 feet          None         +965
                                       upstream of Faulkner
                                       Road.
Dug Run.............................  At the Ottawa River             None         +780  City of Lima,
                                       confluence.                                        Unincorporated Areas
                                                                                of Allen County.
                                      Approximately 100 feet          +828         +827
                                       downstream of North
                                       Cable Road.
Dug Run Tributary...................  At the Dug Run                  +816         +813  Unincorporated Areas of
                                       confluence.                                        Allen County.
                                      At the downstream side          +824         +823
                                       of Eastown Road.
Flat Fork Creek.....................  Approximately 0.4 mile          None         +762  Unincorporated Areas of
                                       downstream of East 7th                             Allen County.
                                       Street.
                                      Approximately 0.6 mile          None         +776
                                       upstream of State
                                       Highway 66
                                       (Spencerville Avenue).
Freed Ditch.........................  At the Little Ottawa            +870         +867  Unincorporated Areas of
                                       River confluence.                                  Allen County, Village
                                                                                of Fort Shawnee.
                                      Approximately 1,600             +871         +870
                                       feet upstream of the
                                       Little Ottawa River
                                       confluence.
Hog Creek...........................  At the Ottawa River             None         +900  Unincorporated Areas of
                                       confluence.                                        Allen County.
                                      At the downstream side          None         +924
                                       of County Highway 15
                                       (Hardin Road).
Jennings Creek......................  Approximately 400 feet          None         +760  City of Delphos,
                                       downstream of Pohlman                              Unincorporated Areas
                                       Road.                                              of Allen County.
                                      Approximately 200 feet          None         +760
                                       upstream of Pohlman
                                       Road.
Little Ottawa River.................  At the Ottawa River             None         +827  Unincorporated Areas of
                                       confluence.                                        Allen County, Village
                                                                                of Fort Shawnee.
                                      Approximately 0.8 mile          None         +881
                                       upstream of Hume Road.
Little Riley Creek..................  At the upstream side of         None         +820  Unincorporated Areas of
                                       Columbus Grove                                     Allen County.
                                       Bluffton Road.
                                      Approximately 150 feet          None         +820
                                       upstream of Columbus
                                       Grove Bluffton Road.
Lost Creek..........................  At the Ottawa River             None         +863  Unincorporated Areas of
                                       confluence.                                        Allen County.
                                      At the downstream side          None         +928
                                       of Cool Road.
Lost Creek Tributary................  At the downstream side          None         +875  Unincorporated Areas of
                                       of State Highway 117/                              Allen County.
                                       309.
                                      Approximately 50 feet           None         +875
                                       upstream of State
                                       Highway 117/309.
Ottawa River........................  Approximately 1.1 miles         None         +767  City of Lima,
                                       downstream of Lincoln                              Unincorporated Areas
                                       Highway.                                           of Allen County,
                                                                                Village of Elida.
                                      At the Hog Creek                None         +900
                                       confluence.
Pike Run............................  At the Ottawa River             None         +769  City of Lima,
                                       confluence.                                        Unincorporated Areas
                                                                                of Allen County.
                                      Approximately 300 feet          None         +829
                                       downstream of
                                       Knollwood Drive.
Sugar Creek.........................  Approximately 1.2 miles         None         +776  City of Lima,
                                       downstream of                                      Unincorporated Areas
                                       Hookwaltz Road.                                    of Allen County.
                                      At the downstream side          None         +881
                                       of Phillips Road.
Unnamed Tributary No. 3 to Little     Approximately 1,500             None         +835  Unincorporated Areas of
 Ottawa River.                         feet upstream of the                               Allen County, Village
                                       Little Ottawa River                                of Fort Shawnee.
                                       confluence.
                                      Approximately 0.5 mile          None         +839
                                       upstream of the Little
                                       Ottawa 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.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                   ADDRESSES:
City of Delphos
Maps are available for inspection at City Hall, 608 North Canal Street, Delphos, OH 45833.

City of Lima
Maps are available for inspection at City Hall, 50 Town Square, Lima, OH 45801.

                                      Unincorporated Areas of Allen County
Maps are available for inspection at the Allen County Courthouse, 301 North Main Street, Lima, OH 45802.

Village of Elida
Maps are available for inspection at the Village Hall, 200 West Main Street, Elida, OH 45807.

Village of Fort Shawnee
Maps are available for inspection at the Village Hall, 2050 West Breese Road, Fort Shawnee, OH 45806.
----------------------------------------------------------------------------------------------------------------
                                Shelby County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Fletcher Creek......................  Approximately 100 feet          +246         +245  City of Memphis,
                                       upstream of Bartlett                               Unincorporated Areas
                                       Road.                                              of Shelby County.
                                      Approximately 150 feet          None         +366
                                       upstream of Back Nine
                                       Drive.
Howard Creek........................  Approximately 1,310             +246         +247  City of Bartlett,
                                       feet downstream of Old                             Unincorporated Areas
                                       Brownsville Road.                                  of Shelby County.
                                      Approximately 1,115             None         +256
                                       feet upstream of Billy
                                       Maher Road.
Ivy Creek...........................  Approximately 650 feet          None         +261  City of Lakeland.
                                       upstream of CSX
                                       railroad.
                                      At the upstream side of         None         +295
                                       Memphis Arlington Road.
Loosahatchie River Lateral A........  Approximately 200 feet          +269         +267  Township of Arlington.
                                       downstream of Gulf
                                       Stream Road.
                                      At the upstream side of         +280         +281
                                       Memphis Arlington Road.
Loosahatchie River Lateral CA.......  At the Loosahatchie             +274         +275  Township of Arlington.
                                       River Lateral C
                                       confluence.
                                      Approximately 0.3 mile          None         +294
                                       upstream of Forrest
                                       Street.
North Fork Creek Lateral A..........  Approximately 0.8 mile          +274         +275  City of Millington,
                                       upstream of the North                              Unincorporated Areas
                                       Fork Creek confluence.                             of Shelby County.
                                      At the upstream side of         +321         +320
                                       Sullivan Road.
Wolf Creek Lateral F................  Approximately 125 feet          +272         +274  City of Germantown.
                                       upstream of Wolf River
                                       Boulevard.
                                      At the upstream side of         None         +337
                                       Johnson Road.
Wolf River Lateral C................  Approximately 645 feet          +273         +272  City of Germantown.
                                       upstream of the Wolf
                                       River Lateral CA
                                       confluence.
                                      Approximately 130 feet          +312         +311
                                       upstream of Woodruff
                                       Drive.
Wolf River Lateral G................  Approximately 0.4 mile          +273         +272  City of Germantown,
                                       upstream of the Wolf                               Town of Collierville.
                                       River confluence.
                                      Approximately 0.5 mile          None         +323
                                       upstream of Fox Hill
                                       East Circle.
Wolf River Lateral H................  Approximately 0.3 mile          +279         +280  Town of Collierville,
                                       downstream of Wolf                                 Unincorporated Areas
                                       River Boulevard.                                   of Shelby County.
                                      Approximately 140 feet          +329         +325
                                       downstream of State
                                       Highway 72.
Wolf River Lateral J................  Approximately 0.4 mile          +289         +288  Town of Collierville,
                                       downstream of Shelton                              Unincorporated Areas
                                       Road East.                                         of Shelby County.
                                      Approximately 130 feet          +327         +323
                                       upstream of West White
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                   ADDRESSES:
City of Bartlett
Maps are available for inspection at 3585 Altrurial Road, Bartlett, TN 38134.

City of Germantown
Maps are available for inspection at 1920 South Germantown Road, Germantown, TN 38138.

City of Lakeland
Maps are available for inspection at 10001 Highway 70, Lakeland, TN 38002.

City of Memphis
Maps are available for inspection at 125 North Main Street, Room 476, Memphis, TN 38103.

City of Millington
Maps are available for inspection at 7930 Nelson Street, Millington, TN 38053.

Town of Collierville
Maps are available for inspection at 500 Keough Road, Collierville, TN 38017.

Township of Arlington
Maps are available for inspection at 5854 Airline Road, Arlington, TN 38002.

                                      Unincorporated Areas of Shelby County
Maps are available for inspection at 160 North Main Street, Suite 350, Memphis, TN 38103.
----------------------------------------------------------------------------------------------------------------

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

    Dated: April 28, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-11411 Filed 5-9-11; 8:45 am]
BILLING CODE 9110-12-P


August 22, 2001 SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST ( ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION ( a) TITLE: Application and Summary Report for An Emergency Exemption for Pesticides OMB NO.: 2070 0032 EPA NO.: 0596.08 ( b) Abstract This Information Collection Request ( ICR) is a renewal of an existing ICR that is currently approved by OMB and is due to expire September 30, 2001. Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) authorizes the Environmental Protection Agency ( EPA) to allow States and Federal Agencies to use a pesticide for an unregistered use for a limited time if EPA determines that emergency conditions exist. This data collection program is designed to provide EPA with necessary data to evaluate an application for a permit for the temporary shipment and use of a pesticide product for an unregistered use to mitigate an emergency situation, and to evaluate the effectiveness of that product in allaying the emergency.

Most requests for emergency exemptions are made by state lead agricultural agencies, although Agencies such as the United States Departments of Agriculture ( USDA), Defense ( DOD) and Interior ( USDI) also request exemptions. This process is generally initiated when growers in particular regions identify a problem situation which registered pesticides will not alleviate. The growers contact their state lead agency ( usually the state department of agriculture) and request that the agency apply to EPA for a Section 18 emergency exemption for a particular use. Requests are most often made for pesticides that have other food uses registered. The state agency evaluates the requests and submits requests to EPA for emergency exemptions they believe are warranted. The uses are requested for a limited period of time to address the emergency situation only.

Requests for Section 18 emergency exemptions, i. e., the submission of applications, are at the discretion of a state, U. S. territory, or federal agency. Should one of these entities apply for the emergency, then the information and data identified under Section 3 of this supporting statement are requested by EPA. If the emergency appears valid and the risks are acceptable, EPA typically approves the emergency exemption request. EPA will deny an exemption request if the pesticide use may cause unreasonable adverse effects to health or the environment, or if emergency criteria are not met. As a matter of course, a state may withdraw an exemption request at any point in the process. If a need is immediate, a state agency may issue a crisis exemption which allows the unregistered use for 15 days. The state notifies EPA of this action prior to issuing the crisis, and EPA performs a cursory review of the use to ensure there are no August 22, 2001 2 concerns. If concerns are noted, EPA confers with the state, and under extreme cases may not allow a crisis to be declared. If the state follows up the crisis with, or has already submitted, an emergency exemption request, the use may continue under the crisis until EPA has made a decision on the request. If the state does not also submit an emergency exemption request, EPA must still establish the appropriate tolerance( s) required by FQPA for the crisis use.

There are no forms associated with either the application for, or summary reports on, an emergency exemption.

2. NEED FOR AND USE OF THE COLLECTION ( a) Need/ Authority for the Collection EPA is the principal federal agency charged with the regulation of pesticides. This regulation is conducted under FIFRA, which requires all uses of pesticide products to be registered with EPA prior to marketing. Due to unpredictable circumstances such as climatic conditions, development of resistance, or importation of pests, situations arise that call for the immediate use of an unregistered pesticide for which there is insufficient time to obtain registration.

The Food Quality Protection Act of 1996 ( FQPA) requires that EPA establish tolerances to cover all pesticide residues in food, including those resulting from Section 18 emergency uses. Tolerances established for emergency exemptions are time limited to correspond to the use season or multiple use seasons. In establishing tolerances, EPA must make the finding that there is " reasonable certainty that no harm" will result to human health from aggregate and cumulative exposure to the pesticide, as required by the new FQPA health based standard. Establishment of these tolerances, with their expiration dates, is published in the Federal Register.

Section 18 of FIFRA states in part that, " The Administrator may, at [ his/ her] discretion, exempt any federal or state agency from any provision of this Act if [ s] he determines that emergency conditions exist that require such exemption" ( see attachment A) Under this provision, EPA may temporarily authorize federal or state agencies to ship and use pesticide products under emergency conditions. Detailed regulations regarding the procedures for emergency exemptions are contained in Title 40 Code of Federal Regulations ( CFR) Part 166 ( see attachment B). Attachment E provides a specific section by section listing of each of the requirements under 40 CFR 166 that are related to this ICR.

( b) Use/ Users of the Information EPA uses the information collected to carry out its statutory responsibilities under FIFRA. The Agency uses the submitted information to appraise the validity of the emergency situation and proposed measures to combat the pest( s). The summary report is essential to weighing the effectiveness and risks of the treatment program as well as any possible adverse effects associated with the treatment program. August 22, 2001 3 3. THE RESPONDENTS AND THE INFORMATION REQUESTED ( a) Respondents/ SIC and NAICS Codes Respondents affected by the collection activities under this ICR are federal and state government agencies which regulate pesticides or pesticide products. The three digit Standard Industrial Classification ( SIC) and five digit North American Industrial Classification System ( NAICS) codes assigned to the states and federal government agencies responding to this information are as follows:

NAICS Code SIC Code Examples of Potentially Affected Entities 92614 Regulation of agricultural marketing and commodities 9641 Regulation of agricultural marketing and commodities Federal and state pesticide regulatory agencies ( b) Information Requested To apply for an exemption, an application must be submitted in writing by the head of a federal or state agency, the Governor of the state involved, or their official designee. If a designee has been delegated authority to request exemptions, written authorization of such delegation must accompany the request or be on file with the EPA. In addition, the application must contain the following information: August 22, 2001 4 Information Required for Submission of Emergency Exemption Request Under FIFRA Section 18 Type of exemption requested Specific, public health, quarantine, or crisis.

Identity of contact person( s) Name and telephone number of one or more qualified experts who may be contacted if questions arise concerning the application.

Description of the pesticide Description of pesticide( s) proposed for the use under the exemption. For a federally registered pesticide:

$ registration number and name of pesticide product ( if a specific product is requested), or formulation( s) requested if a specific product is not desired, and $ copy of any additional labeling proposed for the emergency exemption.

For an unregistered pesticide product, copy of:

$ Confidential Statement of Formula ( or reference to one already submitted to the Agency), and $ Complete labeling to be used in connection with proposed use.

Description of the proposed use Application must identify all of the following:

$ sites to be treated, including locations within the state,

$ method of application,

$ rate of application of active ingredient and product,

$ total acreage or other appropriate unit proposed to be treated,

$ total amount of pesticide proposed to be used ( active ingredient and product), and $ all applicable restrictions and requirements concerning proposed use and qualifications of applicators using the pesticide. August 22, 2001 5 Alternative methods of control Detailed explanation of why the pesticide( s) currently registered for the particular use proposed in the application is not available in adequate supplies and/ or effective to the degree needed to control the emergency. If the applicant states that an available registered pesticide is ineffective for the given situation, statement must be supported by field data that demonstrate this, or if such data are unavailable, statements by qualified agricultural experts, extension personnel, university personnel or other persons similarly qualified in the field of pest control. In addition, a detailed explanation must be provided of why alternative practices, if available, either would not provide adequate control or would not be economically or environmentally feasible.

Effectiveness of proposed use Application must contain data, discussion of field trials, and other evidence that provide the basis for the conclusion that the proposed pesticide treatment will be effective in dealing with the emergency.

Discussion of residues for food uses If proposed use is expected to result in residues of the pesticide in or on food or feed, application must list the food likely to contain such residues and must contain an estimate of the maximum amount of the residue likely to result from the proposed use, together with the information on which such estimates are based.

Discussion of risk information Potential risks to human health, endangered species, beneficial organisms, and the environment expected to result from the proposed use, together with references to data and other supporting information.

Coordination with other affected state or federal agencies. If the proposed use of to pesticide is likely to be of concern to other federal or state agencies, application must indicate that such agencies have been contacted prior to submission of the application, and any comments received from such agencies must be submitted to EPA.

Notification of registrant or basic manufacturer. Statement that the registrants of all pesticide products proposed for use or, if appropriate, the basic manufacturer, have been notified that a request has been made of EPA for the use of the pesticide under a specific, quarantine, or public health exemption.

Description of proposed enforcement program. Explanation of the authority of the applicant or related state or federal agency for ensuring that use of the pesticide under the proposed exemption would comply with any special requirements imposed by EPA and a description of the program and procedures for assuring such compliance. August 22, 2001 6 Progress toward registration. Prior to submitting an application for a repeat specific or public health exemption, the state or federal agency must contact the registrant regarding the progress being made toward registration of the proposed use and include this information in the section 18 application. This information must also include a summary of study deficiencies and data gaps, and registrant's timetable for completing requirements for registration.

Information required for a specific exemption. All of the following, as appropriate, must be provided concerning the nature of the emergency:

$ scientific and common name of the pest or pest complex;

$ events that brought about the emergency condition;

$ anticipated risks to endangered or threatened species, beneficial organisms, or the environment that would be remediated by the proposed use of the pesticide; and $ anticipated significant economic loss that would occur without the use of the requested registered pesticide, together with data and other supporting information, that addresses the historical net and gross revenues for the site, the estimated net and gross revenues for the site without use of the proposed pesticide, and the estimated net and gross revenues for the site with use of the proposed pesticide.

Information required for a quarantine exemption A quarantine exemption may be authorized in an emergency condition to control the introduction or spread of any pest new to and therefore known to be widely prevalent or distributed within and throughout the United States and its territories. The application for the quarantine exemption must include the following information:

$ scientific and common name of the pest or pest complex;

$ origin of the introduced pest and the means of its introduction and spread into the area, if known.

$ economic impact of controlling versus not controlling the pest via the proposed pesticide treatment.

Information required for a public health exemption $ Scientific and common name of pest or pest complex; if the pest is a vector, a description of the disease it is expected to transmit;

$ magnitude of the health problems that are expected to occur without the pesticide use; and $ availability of medical treatment for the health problem. August 22, 2001 7 Information required for a crisis exemption. The state or federal agency issuing the crisis exemption must provide notification to EPA at least 36 hours before and no later than 24 hours after utilization of the crisis provisions. The state or federal agency issuing the crisis exemption must notify the registrant( s) or, if appropriate, the basic manufacturer( s) of the pesticide( s) being used under the crisis exemption at the same time notice is given to EPA. The notice must include:

$ name of active ingredient authorized for the crisis use, including the common name and the Chemical Abstracts Service ( CAS) number;

$ crop or site on which the pesticide is to be used;

$ use pattern ( method, number, and rate of applications);

$ dates that applications started or will begin and end;

$ an estimate of the level or residues of the pesticide expected to result from use under the crisis exemption ( for food crops); and $ discussion of the emergency situation and any other pertinent information available at the time, including why time was insufficient to request a specific or quarantine exemption, and intentions with respect to requesting a specific exemption for this use. August 22, 2001 8 ( c) Reporting and Record keeping To comply with the reporting and record keeping requirements for specific, quarantine, and public health exemptions, the exemption holder must provide the following data items to EPA:

Unexpected adverse effects information Any unexpected adverse effects resulting from the use of a pesticide under a specific, quarantine, or public health exemption must be reported immediately to the Agency.

Final reports A report summarizing the results of pesticide use under a specific, quarantine, and public health exemption must be submitted to EPA within six months of the expiration of the exemption unless otherwise specified by the Agency. The information in this report must include the following:

$ total acreage, amount of commodity or other unit treated and the total quantity of the pesticide used;

$ discussion of the effectiveness of the pesticide in dealing with the emergency condition;

$ description of any unexpected adverse effects that resulted from the use of the pesticide under the exemption;

$ results of any monitoring required and/ or carried out under the exemption;

$ any enforcement actions taken in connection with the exemption;

$ method( s) of disposition of food crops, if required to be destroyed; and $ any other information requested by the Administrator.

Records Records for all treatments involving the first food use of a pesticide will be maintained by the state or federal agency for which an emergency exemption was granted for a minimum of two years following the date of expiration of the exemption. On request by EPA, these records must be made available to the Administrator. Records must include the following;

$ locations where the pesticide was applied;

$ dates of application ( range); and $ total quantity of the pesticide used. August 22, 2001 9 ( d) Applicant Activities To obtain a permit to use an unregistered pesticide product under emergency conditions, an applicant must petition EPA in writing by a letter or telegram containing the data items listed above and commit to the submission of the summary report on the action taken to meet the emergency. Section 18 Emergency Exemption applications are submitted to the Minor Use, Inerts and Emergency Response Branch ( Mail Code 7505C), Registration Division, Office of Pesticide Programs, U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue., N. W., Washington, D. C., 20460.

In order to participate in the program, the applicant must:

Read germane FIFRA requirements and CFR regulations.

Process, compile, and review the requested data for accuracy and appropriateness.

Generate application correspondence and follow up summary report.

Store, file or maintain the information.

4. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ( a) Agency Activities On October 25, 2000, EPA published a Final Rule in the Federal Register ( 65 FR 64125) entitled " Time Limited Tolerances for Pesticide Emergency Exemptions" ( see attachment D) This rule, which became effective on November 24, 2000, set into place a process to ensure timely decisions on any tolerance related issue in response to a request for an emergency exemption for a pesticide to be used on food or feed. Under this rule, time limited tolerance petitions related to FIFRA Section 18 are evaluated on a case by case basis to determine if adequate reliable data are available to make the required safety finding mandated under FFDCA Section 408 ( see attachment C) and FQPA.

Applications for emergency exemptions are submitted by U. S. states and territories, and federal agencies at their discretion. These applications are received by the Office of Pesticide Programs ( OPP), Registration Division, Minor Use, Inerts, and Emergency Response Branch, where they are reviewed for completeness. The application package is routed to scientists and economists within OPP to determine whether the proposed emergency exemption is warranted, that there is " reasonable certainty of no harm" to human health resulting from aggregate and cumulative exposure, and that it presents no undue hazard to humans or the environment. Once the determinations are made, the applicant is notified by in writing by FAX and email. The tolerance is published in the Federal Register. EPA has established a 50 day response turnaround as a self imposed guideline for emergency exemption requests, providing the application package is complete. The Agency response turnaround time for complete applications is less than 50 days for FY 2000. August 22, 2001 10 The Agency conducts the following activities when responding to an emergency exemption application under FIFRA section 18:

Route the application/ report to appropriate scientists and economists for review.

Review information submitted for scientific accuracy.

Perform a biological, ecological, and economic analysis and a multi disciplinary risk assessment of the requested use, then forward a regulatory recommendation on the proposed exemption along with a draft notification to the requestor.

Make the FQPA finding of " reasonable certainty of no harm" to human health resulting from aggregate and cumulative exposure. Establish a time limited tolerance if required.

Conduct an assessment of the progress toward registration for the requested use.

OPP Director ( or designee) makes final decision.

Notify applicant of decision.

Prepare and publish Federal Register Notice ( for applicable food use requests).

Record electronic data in Agency's Pesticide Regulatory Action Tracking System ( PRATS) and file hard copy in Branch files.

( b) Collection Methodology and Management When applications for emergency exemptions are received by EPA, they are jacketed and filed by the name of the state, territory or federal agency, by the date, and by the number of the submission for that entity. The application is tracked in PRATS as an active report through the determination process, and subsequent receipt of the summary report, after which the exemption becomes a historical file and the regulatory action is closed.

( c) Small Entity Flexibility No flexibility for small entities exists under this information collection activity. Section 18 of FIFRA applies directly only to State, territorial, and federal government agencies; it does not apply to other entities. States are not " small entities" as defined by the Regulatory Flexibility Act.

( d) Collection Schedule.

There is no collection schedule associated with this information collection activity, per se. This information collection activity is initiated by the States or by certain federal agencies when they determine that they are confronted with an emergency situation and subsequently submit an emergency exemption application to EPA under FIFRA Section 18.

5. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA ( a) Nonduplication.

This information collection activity is unique and is administered by EPA pursuant to August 22, 2001 11 FIFRA. The possibility of duplication does not exist.

( b) Consultations.

Consultation and/ or dialogue between states and the Agency during the submission and review of an application are frequent and ongoing. Questions or consultations pertaining to a particular submission are addressed in meetings or telephone conversations with the applicant and do not necessarily occur at specified intervals. In addition to communications regarding specific exemption requests, Agency staff frequently participates in stakeholder meetings with state and federal pesticide regulatory officials and the grower community. These communications permit an exchange of problems and questions on the program in general and other relevant issues. For example, OPP staff members participate extensively in meetings with the State FIFRA Research and Evaluation Group ( SFIREG), which meets several times a year.

Agencies are required under 5 CFR 1320( d) to consult with members of the public and affected agencies concerning each proposed collection of information. During the preparation of this ICR renewal, EPA staff surveyed five states ( California, Idaho, Mississippi, North Carolina, and North Dakota) that have several years' experience with the Section 18 program. The states were asked for their estimations of processing time for management, clerical, and technical staff in the preparation of emergency exemption requests. The responses received indicated that the applicant burden estimates used to prepare this ICR were realistic.

( c) Public Notice and Opportunity to Comment ( Revise to include that we will publish an FR notice, etc.)

( d) Effects of Less Frequent Collection.

As discussed above, there is no collection schedule for this information collection activity, per se. State and federal agencies initiate the information collection activity when they prepare an emergency exemption application for submission to EPA. Consequently, there is no way EPA can reduce the frequency of the collection and maintain its responsibilities under FIFRA section 18.

( e) General Guidelines.

EPA requires the states to maintain records of the first food use of a pesticide under an emergency exemption for two years following the date of expiration. Generally, an applicant for an emergency exemption is not required to maintain data beyond the date that the summary report has been received by the Agency. Therefore, the OMB guidelines codified 5 CFR 1320.6 indicating that data, other than health, medical, or tax records need not be retained for more than three years will not be exceeded in this program.

( f) Confidentiality and Sensitive Questions ( i) Confidentiality August 22, 2001 12 Although the EPA urges the submitter to minimize the amount of claimed Confidential Business Information ( CBI), all data and/ or information brought the Agency in conjunction with this rule may be claimed as trade secret, or commercial or financial information and will be protected from disclosure by the EPA under FIFRA section 10 and the associated regulation as contained in 40 CFR Part 2, Subpart B.

Data submitted to the Agency are handled in accordance with the provisions of the FIFRA Confidential Business Information ( CBI) Security Manual which provides procedures for protecting information claimed as confidential in accordance with FIFRA section 10. If the information is not protected under FIFRA section 10, and it is not otherwise protected from release under the Freedom of Information Act, EPA is obligated to make it available to members of the public upon request.

( ii) Sensitive Questions No information of a sensitive or private nature is requested in conjunction with this collection activity. Further, this information collection activity complies with the provisions of the Privacy Act of 1974 and OMB circular A 108.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION ( a) Estimating Applicant Burden ( Hours)

The total annual response burden associated with submitting an application for Emergency Exemption ( Section 18s) is estimated to be 59,400 hours per year or 178,200 hours over the next three years based upon the average number of Emergency Exemption requests received over the last three years. The number of applications received by EPA has increased from an average of 422 per year for the years 1995 1997 to an average of 600 per year for the years ranging from 1998 2000. The increase in the number of applications received is attributable to:

 the " El Niño" weather pattern caused major, nationwide weather disruptions, such as heavy rain, that created significant fungal problems on crops;

 an increase in the number of minor crops produced in the U. S. than in previous years and the fact that a number of the crops aren't included in the directions for use as registered sites of pesticide application;

 in the past three years there have been several national emergencies where as many as 48 states were granted Section 18 emergency exemptions ( e. g., the use of coumaphos in bee hives to control varroa mite);

 States have started requesting Section 18 emergency exemptions for more than one chemical to deal with some pest problems;

The Agency expects that some of these factors will persist and subsequently expects to receive an average of 600 applications annually for the next three years. August 22, 2001 13 ( b) Estimating Applicant Costs The total cost for all respondents associated with submitting an application for Emergency Exemption is estimated to be $ 2,980,800 annually or $ 8,942,400 over the next three years. The hourly wage rates used for this renewal ICR were updated and increased from the estimated rates of $ 50, $ 42, and $ 22 for management, technical, and clerical labor resources ( respectively) in the ICR previously approved by OMB in 1998 to $ 60, $ 50, and $ 39 for the respective classes of labor resources. The wage rates for the petitioner/ state worker were adjusted for present year using the Consumer Price Index. The wage rates are " fully loaded." This includes the nominal wage, benefits, and overhead. The Applicant hourly rates were based on the US Bureau of Labor Statistics' 1989 Wage Rates of State Government Workers. These labor rates were adjusted for year 2001 dollars using the Consumer Price Index, which decreased in 2000, so the rates are not changed from the previous ICR approval. August 22, 2001 14 ANNUAL APPLICANT BURDEN/ COST ESTIMATES Burden Hours ( per request) Total Collection Activity Mgmt. ($ 60/ hr) Tech. $ 50/ hr Cler. $ 39/ hr Hours Costs ($)

Read FIFRA and FQPA requirements and CFR regulations. 4 4 0 8 440 Process, compile, and review the requested data for accuracy and appropriateness. 0 74 0 74 3,700 Generate application correspondence and follow up summary report. 0 15 0 15 750 Store, file or maintain the information. 0 0 2 2 78 TOTAL 4 93 2 99 4,968 ANNUAL BURDEN: 99 Total Hours x 600 applicants = 59,400 Hours ANNUAL COSTS:

( a) Management: 4 hours x $ 60 x 600 applicants $ 144,000 ( b) Technical: 93 hours x $ 50 x 600 applicants $ 2,790,000 ( c) Clerical: 2 hours x $ 39 x 600 applicants $ 46,800 Total $ 2,980,800 ( c) Estimating Annual Agency Burden and Cost The estimated cost to the Federal government of the Emergency Exemption program consists of two components. The first is the number of hours and costs incurred by the Agency to complete a standard application. The second component is the costs for other elements that do not fall under the category of collection activities, but are required as part of the program.

The total Agency burden in terms of hours is estimated to be 64,800 hours annually. The associated increase in the number of hours is due to increase in the average number of Emergency Exemption applications. The number of Emergency Exemption applications increased from 422 for the years 1995 1997 to an average of 600 applications for fiscal years 1998 2000 with no expected drop off over the next three years. The total annual Agency cost for processing August 22, 2001 15 Emergency Exemption Requests is estimated to be $ 4,038,600. The hourly wage rates used for this ICR are based on the ICR for the Proposed Regulations for Plant Pesticides under FIFRA and FFDCA of 1997 to 2000.

ANNUAL AGENCY BURDEN/ COST ESTIMATES ( PER APPLICATION)

Burden Hours Total Collection Activity Mgmt. $ 84/ hr Tech. $ 61/ hr Cler. $ 29/ hr Hours Costs ($)

Read and review the applications or reports for completeness. 0 8 1 9 517 Route the application/ report to appropriate scientists and economists for review. 0 4 0 4 244 Review information submitted for scientific accuracy. 0 16 0 16 976 Perform:  a biological, ecological, and economic analysis  a multi disciplinary risk assessment  make FQPA finds of " reasonable certain of no harm" to human health  forward a regulatory recommendation on the proposed exemption along with a draft notification to the requestor. 2 40 1 43 2,637 Reach final decision, prepare Final Rule Notice and notify applicant. 5 28 1 34 2,157 Record electronic data in Agency's Pesticide Regulatory Action Tracking System ( PRATS), record receipt in branch tracking system and file hard copy in Branch files. 0 1 1 2 90 TOTAL 7 97 4 108 $ 6,621 ANNUAL BURDEN: 108 Total Hours x 600 Applicants = 64,800 Hours ANNUAL COSTS: August 22, 2001 16 ( a) Management: 7 hours x $ 84 x 600 applicants $ 352,800 ( b) Analyst: 97 hours x $ 61 x 600 applicants $ 3,550,200 ( c) Clerical: 4 hours x $ 29 x 600 applicants $ 69,600 Total $ 3,972,600 OTHER ANNUAL AGENCY COSTS:

Federal Register publications: average of 5 Notices of Receipt @ average $ 2,000 each $ 10,000 average of 25 Tolerances established @ average $ 2,000 each $ 50,000 average of 3 Mass Tolerance extension documents @ average $ 2,000 each $ 6,000 Total $ 66,000 ANNUAL AGENCY COST BURDEN TOTAL: $ 3,972,600 + 66,000 = $ 4,038,600 ( d) Bottom Line Burden/ Master Table MASTER TABLE Total Annual Applicant Burden/ Cost Estimates 59,400 $ 2,980,800 Annual Agency Burden/ Cost Estimates 64,800 $ 4,038,600 ( e) Reasons for Change in Burden.

The overall respondent burden increased due to the increase from an average of 422 applications requesting a Section 18 Emergency Exemption received annually to 600 applications annually. This increase in the number of requests was determined by a review of the actual number of applications received by the Agency from FY 1998 2000, with no anticipated drop off over the next three years. The corresponding increase in burden represents an adjustment to the Agency's burden estimate. The estimated burden per application, which decreased slightly due to an arithmetic correction to the estimate in the previous ICR, is otherwise unchanged.

( f) Burden Statement The annual respondent burden for collection of information associated with the rule is estimated to average 99 hours per application. According to the Paperwork Reduction Act, " burden" means the total time, effort, or financial resources expended by persons to generate, August 22, 2001 17 maintain, retain, or disclose or provide information to or for a Federal agency. For this collection, it is the time reading the regulations, planning the necessary data collection activities, conducting tests, analyzing data, generating reports and completing other required paperwork, and storing, filing, and maintaining the data. The agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appear at the beginning and the end of this document. In addition OMB control numbers for EPA's regulations, after initial display in the final rule, are listed in 40 CFR part 9.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OPP XXXX XXXX, which is available for public viewing at the OPP Docket in the Public Information and Records Integrity Branch, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4: 00 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305 5805.

An electronic version of the public docket for this ICR renewal is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID No. OPP XXXX XXXX and OMB Control No. 2070 XXXX in any correspondence. August 22, 2001 18 ATTACHMENTS TO THE SUPPORTING STATEMENT Attachment A Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) Section 18  available electronically at http:// www. epa. gov/ pesticides/ fifra. htm Attachment B 40 CFR Part 166  available electronically at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr166_ 00. html Attachment C FFDCA section 408  available electronically at http:// www4. law. cornell. edu/ uscode/ 21/ ch9. html Attachment D Final Rule; Time Limited Tolerances for Pesticide Emergency Exemptions ( 65 FR 65125)  available electronically at http:// www. epa. gov/ fedrgstr/ EPA PEST/ 2000/ October/ Day 25/ p27405. pdf Attachment E Display Related to OMB Control # 2070 0032  Listings of Related Regulations in 40 CFR 9.1  available as part of the electronic file for this supporting statement.

Attachment F Application and Summary Report for an Emergency Exemption for Pesticides; Renewal of Pesticide Information Collection Activities and Request for Comments ( 65 FR 79823)  available electronically at http:// www. epa. gov/ fedrgstr/ EPA GENERAL/ 2000/ December/ Day 20/ g32401. htm August 22, 2001 OMB Control No. 2070 0032; EPA ICR No. 0596.07 Attachment A Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) Section 18 This attachment can also be accessed online via Internet at http:// www. epa. gov/ pesticides/ fifra. htm August 22, 2001 OMB Control No. 2070 0032; EPA ICR No. 0596.07 Attachment B 40 CFR Part 166 This attachment can also be accessed online via Internet at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr166_ 00. html August 22, 2001 OMB Control No. 2070 0032; EPA ICR No. 0596.07 Attachment C Federal Food Drug and Cosmetics Act Section 408 ( 21 U. S. C. 346a)

This attachment can also be accessed online via Internet at http:// www4. law. cornell. edu/ uscode/ 21/ ch9. html August 22, 2001 OMB Control No. 2070 0032; EPA ICR No. 0596.07 Attachment D Final Rule; Time Limited Tolerances for Pesticide Emergency Exemptions ( 65 FR 65125)

This attachment can also be accessed online via Internet at http:// www. epa. gov/ fedrgstr/ EPA PEST/ 2000/ October/ Day 25/ p27405. pdf August 22, 2001 OMB Control No. 2070 0032; EPA ICR No. 0596.07 Attachment E Display Related to OMB Control # 2070 0032  Listings of Related Regulations in 40 CFR 9.1 August 22, 2001 Display Related to OMB Control # 2070 0032  Listings of Related Regulations in 40 CFR 9.1 As of May 10, 1993, the OMB approval numbers for EPA regulations in Chapter I of Title 40 of the Code of Federal Regulations ( CFR) appear in a listing in 40 CFR 9.1 ( 58 FR 27472). This listing fulfills the display requirements in section 3507( f) of the Paperwork Reduction Act ( PRA) for EPA regulations. The listing at 40 CFR 9.1 displays this OMB Control number for the following regulations:

Program Title 40 CFR citation Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166.20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166.32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166.43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166.50 August 22, 2001 OMB Control No. 2070 0054; EPA ICR No. 0586.09 Attachment F Application and Summary Report for an Emergency Exemption for Pesticides; Renewal of Pesticide Information Collection Activities and Request for Comments ( 65 FR 79823; December 20, 2000)

This attachment can also be accessed online via Internet at http:// www. epa. gov/ fedrgstr/ EPA GENERAL/ 2000/ December/ Day 20/ g32401. htm