Federal Register / Vol. 76, No. 133 / Tuesday, July 12, 2011 / Rules and Regulations 40811 

(i) Location. All waters of the Charles 

River within a 350-yard radius of the 

fireworks barges located in the vicinity 

of position 42°21.47′ N, 071°05.00′ W 

(NAD 83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 9 p.m. to 

11 p.m. on July 4, 2011. In the case this 

event is rescheduled due to inclement 

weather, this safety zone will be 

enforced from 9 p.m. to 11 p.m. on July 

5, 2011. 

(7) Town of Nahant Fireworks, 

Nahant, MA. 

(i) Location. All waters of Nahant 

Harbor within a 350-yard radius of the 

fireworks launch site on Bailey’s Hill 

Park located at position 42°25.1′ N, 

070°55.8′ W (NAD 83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 9 p.m. to 

11 p.m. on July 4, 2011. In the case this 

event is rescheduled due to inclement 

weather, this safety zone will be 

enforced from 9 p.m. to 11 p.m. on July 

5, 2011. 

(8) City of Salem Fireworks, Salem, 

MA. 

(i) Location. All waters of Salem 

Harbor, within a 350-yard radius of the 

fireworks launch site located on Derby 

Wharf at position 42°31.15′ N, 

070°53.13′ W (NAD 83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 9 p.m. to 

10 p.m. on July 4, 2011. In the case this 

event is rescheduled due to inclement 

weather, this safety zone will be 

enforced from 9 p.m. to 10 p.m. on July 

5, 2011. 

(9) Plymouth 4th of July Celebration 

Fireworks, Plymouth, MA. 

(i) Location. All waters of Plymouth 

Harbor within a 350-yard radius of the 

fireworks launch site located at position 

42°57.3′ N, 070°38.3′ W (NAD 83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 9 p.m. to 

10 p.m. on July 4, 2011. In the case this 

event is rescheduled due to inclement 

weather, this safety zone will be 

enforced from 9 p.m. to 10 p.m. on July 

5, 2011. 

(10) Beverly Homecoming Fireworks. 

(i) Location. All waters of Beverly 

Harbor within a 350-yard radius of the 

fireworks barge located at position 

42°32.62′ N, 070°52.15′ W (NAD 83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 9 p.m. to 

11 p.m. on August 7, 2011. 

(11) Hingham 4th of July Fireworks. 

(i) Location. All waters within a 350- 

yard radius of the beach on Button 

Island located at position 42°15.07′ N, 

070°53.03′ W (NAD 83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 9:30 p.m. to 

10:30 p.m. on July 2, 2011. In the case 

this event is rescheduled due to 

inclement weather, this safety zone will 

be enforced from 9:30 p.m. to 10:30 p.m. 

on July 9, 2011. 

(12) Gloucester July 4th Celebration 

Fireworks. 

(i) Location. All waters of Gloucester 

Harbor, Stage Fort Park, within a 350- 

yard radius of the fireworks launch site 

on the beach located at position 42°36.3′ 

N, 070°40.5′ W (NAD 83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 8 p.m. to 11 

p.m. on July 3, 2011. 

(13) Gloucester Schooner Festival 

Fireworks. 

(i) Location. All waters of Gloucester 

Harbor within a 350-yard radius of the 

launch site on the beach located at 

position 42°36.3′ N, 070°40.5′ W (NAD 

83). 

(ii) Enforcement Period. This safety 

zone will be enforced from 7 p.m. to 

11 p.m. on September 3, 2011. In the 

case this event is rescheduled due to 

inclement weather, this safety zone will 

be enforced from 7 p.m. to 11 p.m. on 

September 5, 2011. 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entering into, transiting 

through, mooring or anchoring within 

these regulated areas is prohibited 

unless authorized by the Captain of the 

Port (COTP) Boston, or the designated 

on-scene representative. 

(2) The ‘‘on-scene representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the COTP Boston to act 

on his behalf. The on-scene 

representative will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. 

(3) Vessel operators desiring to enter 

or operate within the regulated areas 

shall contact the COTP or the 

designated on-scene representative via 

VHF channel 16 or 617–223–5750 

(Sector Boston command center) to 

obtain permission to do so. 

(4) Vessel operators given permission 

to enter or operate in the regulated areas 

must comply with all directions given to 

them by the Captain of the Port or the 

designated on-scene representative. 

(c) Effective Period. This rule is 

effective in the CFR on July 12, 2011 

through 11:59 p.m. September 9, 2011. 

This rule is effective with actual notice 

for purposes of enforcement beginning 

at 8:30 p.m., June 27, 2011. 

Dated: June 27, 2011. 

N.E. Knapp, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Boston. 

[FR Doc. 2011–17393 Filed 7–11–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0327; FRL–8878–6] 

Maneb; Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking all the 

tolerances for the fungicide maneb with 

expiration/revocation dates that provide 

sufficient time to use existing stocks of 

the canceled registrations for the last 

food uses of maneb in the United States. 

DATES: This regulation is effective July 

12, 2011. Objections and requests for 

hearings must be received on or before 

September 12, 2011 and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0327. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; e-mail 

address: nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 


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40812 Federal Register / Vol. 76, No. 133 / Tuesday, July 12, 2011 / Rules and Regulations 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under the Federal Food, Drug, and 

Cosmetic Act (FFDCA) section 408(g), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0327 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before September 12, 2011. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2010–0327, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background 

A. What action is the Agency taking? 

In the Federal Register of May 26, 

2010 (75 FR 29475) (FRL–8826–2), EPA 

issued a proposal to revoke all the 

tolerances for residues of the fungicide 

maneb after receipt and approval of 

requests for voluntary cancellation by 

registrants of the last registrations for 

food uses of maneb in the United States. 

Also, the proposal provided a 60-day 

comment period which invited public 

comment for consideration and for 

support of tolerance retention under 

FFDCA standards. 

In this final rule, EPA is revoking all 

the tolerances for the fungicide maneb, 

with delayed expiration/revocation 

dates in response to public comments 

requesting more time to use existing 

stocks of the canceled registrations. In 

addition, EPA had proposed in the May 

26, 2010 issue of the Federal Register to 

remove the expired tolerance in 40 CFR 

180.110(b) for maneb residues in or on 

walnut, and reserve that paragraph. 

However, EPA previously removed that 

expired tolerance and reserved that 

paragraph in a final rule published in 

the Federal Register of June 15, 2011 

(76 FR 34883) (FRL–8875–4). Therefore, 

no further changes are being made to 40 

CFR 180.110(b). 

In response to the proposal published 

in the Federal Register of May 26, 2010 

(75 FR 29475), EPA received comments 

during the 60-day public comment 

period, as follows: 

Comments. Commenters from the 

Regional Vegetable Extension Agent 

with the University of Florida, the 

Pesticide Safety Education Program of 

Oklahoma State University, and two 

growers requested that maneb use be 

extended until exhaustion for pepper, 

lettuce, grapes grown for wine, and leafy 

vegetables. One commenter requested 

that maneb use on broccoli, cabbage, 

and lettuce be extended for 5 years. 

Most comments received from multiple 

individual growers and also from the 

Cranberry Institute, the Department of 

Plant and Environmental Protection 

Sciences, College of Tropical 

Agriculture and Human Resources of 

the University of Hawaii, Florida Fruit 

and Vegetable Association, Arizona Pest 

Management Center, California’s Glenn 

County Department of Agriculture, 

California’s Tehama County Department 

of Agriculture, and Colorado 

Department of Agriculture, requested 

that maneb use be extended (for use on 

commodities such as almond, broccoli, 

cabbage, celery, cranberry, eggplant, 

lettuce, onion, pepper, potato, and 

tomato) and for timeframes ranging from 

a few months to over 2 years; i.e., the 

end of 2012. 

Agency response. In the Federal 

Register of May 26, 2010 (75 FR 29475) 

(FRL–8826–2), EPA proposed to revoke 

the maneb tolerances on the date of final 

rule publication in the Federal Register, 

which the Agency expected to occur in 

2010. Based on the comments received, 

the Agency agrees that there is a need 

for more time to exhaust existing stocks 

of maneb. Therefore, EPA is revoking 

the tolerances for maneb in 40 CFR 

180.110 with the expiration/revocation 

dates of December 31, 2012. The Agency 

believes the extended time is sufficient 

and consistent with the general outlook 

of the public comments received. 

B. What is the Agency’s authority for 

taking this action? 

EPA may issue a regulation revoking 

tolerances under FFDCA section 408(e). 

EPA’s general practice is to revoke 

tolerances for residues of pesticide 

active ingredients on crops for which 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) registrations 

no longer exist and on which the 

pesticide may therefore no longer be 

used in the United States. EPA has 

historically been concerned that 

retention of tolerances that are not 

necessary to cover residues in or on 

legally treated foods may encourage 

misuse of pesticides within the United 

States. Nonetheless, EPA will establish 

and maintain tolerances even when 

corresponding domestic uses are 

canceled if the tolerances, which EPA 

refers to as ‘‘import tolerances,’’ are 

necessary to allow importation into the 

United States of food containing such 

pesticide residues. However, where 

there are no imported commodities that 


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Federal Register / Vol. 76, No. 133 / Tuesday, July 12, 2011 / Rules and Regulations 40813 

require these import tolerances, the 

Agency believes it is appropriate to 

revoke tolerances for unregistered 

pesticides in order to prevent potential 

misuse. 

C. When do these actions become 

effective? 

As noted in the DATES section, this 

regulation is effective on the date of the 

publication in the Federal Register. In 

this final rule, EPA is revoking all the 

maneb tolerances with expiration/ 

revocation dates of December 31, 2012. 

Based on the comments received during 

the 60-day public comment period, the 

Agency believes that the expiration/ 

revocation dates allow users to exhaust 

existing stocks and allow sufficient time 

for passage of treated commodities 

through the channels of trade. 

Any commodities listed in the 

regulatory text of this document that are 

treated with the pesticides subject to 

this final rule, and that are in the 

channels of trade following the 

tolerance revocations, shall be subject to 

FFDCA section 408(1)(5), as established 

by the Food Quality Protection Act 

(FQPA). Under this unit, any residues of 

these pesticides in or on such food shall 

not render the food adulterated so long 

as it is shown to the satisfaction of the 

Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA. 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

III. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/ 

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standards-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established a MRL 

for maneb per se, but has MRLs for total 

dithiocarbamates (which includes the 

dithiocarbamate maneb), determined as 

carbon disulfide. 

IV. Statutory and Executive Order 

Reviews 

In this final rule, EPA revokes specific 

tolerances established under FFDCA 

section 408. The Office of Management 

and Budget (OMB) has exempted this 

type of action (i.e., a tolerance 

revocation for which extraordinary 

circumstances do not exist) from review 

under Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). Because this 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this rule is not 

subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). Nor does it require any special 

considerations as required by Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994); or OMB review or any other 

Agency action under Executive Order 

13045, entitled Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997). This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–13, section 

12(d) (15 U.S.C. 272 note). Pursuant to 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency 

previously assessed whether revocations 

of tolerances might significantly impact 

a substantial number of small entities 

and concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. This analysis 

was published on December 17, 1997 

(62 FR 66020) (FRL–5753–1), and was 

provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration. Taking into account 

this analysis, and available information 

concerning the pesticides listed in this 

rule, the Agency hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities. In a 

memorandum dated May 25, 2001, EPA 

determined that eight conditions must 

all be satisfied in order for an import 

tolerance or tolerance exemption 

revocation to adversely affect a 

significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 

any particular revocation. (This Agency 

document is available in the docket of 

the proposed rule, as mentioned in Unit 

II.A.). Furthermore, for the pesticides 

named in this final rule, the Agency 

knows of no extraordinary 

circumstances that exist as to the 

present revocations that would change 

EPA’s previous analysis. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’ 

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 


jdjones on DSK8KYBLC1PROD with RULES
40814 Federal Register / Vol. 76, No. 133 / Tuesday, July 12, 2011 / Rules and Regulations 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 29, 2011. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.110 is amended by 

revising the table in paragraph (a) to 

read as follows: 

§ 180.110 Maneb; tolerances for residues. 

(a) * * * 

Commodity Parts per million Expiration/revocation date 

Almond ................................................................................................................................................................... 0 .1 12/31/12 

Apple ...................................................................................................................................................................... 2 12/31/12 

Apricot .................................................................................................................................................................... 10 12/31/12 

Banana (not more than 0.5 part per million shall be in the pulp after peel is removed and discarded 

(preharvest application only)) ............................................................................................................................. 4 12/31/12 

Bean, dry, seed ..................................................................................................................................................... 7 12/31/12 

Bean, succulent ..................................................................................................................................................... 10 12/31/12 

Beet, sugar, tops ................................................................................................................................................... 45 12/31/12 

Broccoli .................................................................................................................................................................. 10 12/31/12 

Brussels sprouts .................................................................................................................................................... 10 12/31/12 

Cabbage ................................................................................................................................................................ 10 12/31/12 

Cabbage, Chinese, bok choy ................................................................................................................................ 10 12/31/12 

Cabbage, Chinese, napa ....................................................................................................................................... 10 12/31/12 

Carrot, roots ........................................................................................................................................................... 7 12/31/12 

Cauliflower ............................................................................................................................................................. 10 12/31/12 

Celery ..................................................................................................................................................................... 5 12/31/12 

Collards .................................................................................................................................................................. 10 12/31/12 

Corn, sweet, kernel plus cob with husks removed ............................................................................................... 5 12/31/12 

Cranberry ............................................................................................................................................................... 7 12/31/12 

Cucumber .............................................................................................................................................................. 4 12/31/12 

Eggplant ................................................................................................................................................................. 7 12/31/12 

Endive .................................................................................................................................................................... 10 12/31/12 

Fig .......................................................................................................................................................................... 7 12/31/12 

Grape ..................................................................................................................................................................... 7 12/31/12 

Kale ........................................................................................................................................................................ 10 12/31/12 

Kohlrabi .................................................................................................................................................................. 10 12/31/12 

Lettuce ................................................................................................................................................................... 10 12/31/12 

Melon ..................................................................................................................................................................... 4 12/31/12 

Mustard greens ...................................................................................................................................................... 10 12/31/12 

Nectarine ................................................................................................................................................................ 10 12/31/12 

Onion ..................................................................................................................................................................... 7 12/31/12 

Papaya ................................................................................................................................................................... 10 12/31/12 

Peach ..................................................................................................................................................................... 10 12/31/12 

Pepper ................................................................................................................................................................... 7 12/31/12 

Potato ..................................................................................................................................................................... 0 .1 12/31/12 

Pumpkin ................................................................................................................................................................. 7 12/31/12 

Squash, summer .................................................................................................................................................... 4 12/31/12 

Squash, winter ....................................................................................................................................................... 4 12/31/12 

Tomato ................................................................................................................................................................... 4 12/31/12 

Turnip, greens ........................................................................................................................................................ 10 12/31/12 

Turnip, roots ........................................................................................................................................................... 7 12/31/12 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 133 / Tuesday, July 12, 2011 / Rules and Regulations 40815 

* * * * * 

[FR Doc. 2011–17365 Filed 7–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified BFE 

determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These 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 modified BFEs 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. The changes in BFEs are in 

accordance with 44 CFR 65.4. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

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. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Alabama: 

Calhoun (FEMA 

Docket No.: 

B–1165).

City of Oxford (10– 

04–2692P).

October 22, 2010; October 29, 

2010; The Anniston Star.

The Honorable Leon Smith, Mayor, City 

of Oxford, P.O. Box 3383, Oxford, AL 

36203.

February 28, 2011 .......... 010023 

Calhoun (FEMA 

Docket No.: 

B–1165).

Unincorporated 

areas of Calhoun 

County (10–04– 

2692P).

October 22, 2010; October 29, 

2010; The Anniston Star.

Mr. James ‘‘Pappy’’ Dunn, Commissioner, 

Calhoun County, 1702 Noble Street, 

Suite 103, Anniston, AL 36201.

February 28, 2011 .......... 010013 

Arizona: 

Pinal (FEMA 

Docket No.: 

B–1172).

City of Casa Grande 

(10–09–1532P).

November 12, 2010; November 

19, 2010; The Casa Grande 

Dispatch.

The Honorable Robert M. Jackson, 

Mayor, City of Casa Grande, 510 East 

Florence Boulevard, Casa Grande, AZ 

85122.

November 5, 2010 .......... 040080 

Pinal (FEMA 

Docket No.: 

B–1172).

City of Maricopa 

(10–09–2020P).

November 4, 2010; November 

11, 2010; The Casa Grande 

Dispatch.

The Honorable Anthony Smith, Mayor, 

City of Maricopa, 45145 West Madison 

Avenue, Maricopa, AZ 85139.

March 11, 2011 .............. 040052 


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