Proposed Rules. Interim rule

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BILLING CODE 4120-01-C DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA—B-7727] Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Interim rule. SUMMARY: This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations

(BFEs)is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. DATES: These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect prior to this determination for the listed communities. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety

(90)days in which to request through the community that the Mitigation Assistant Administrator of FEMA reconsider the changes. The modified BFEs may be changed during the 90-day period. 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: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data. The modifications are made pursuant to section 201 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 to either 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 the other Federal, State, or regional entities. The changes BFEs are in accordance with 44 CFR 65.4. *National Environmental Policy Act.* This interim 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 interim 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 interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism. *Executive Order 12988, Civil Justice Reform.* This interim 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 number Alabama: Jefferson Unincorporated areas of Jefferson County (06-04-BU17P) June 28, 2007; July 5, 2007; *Birmingham News* The Honorable Bettye Collins, President, Jefferson County Commission, Jefferson County, 716 Richard Arrington Jr. Boulevard North, Birmingham, Alabama 35203 December 27, 2006 010217 Madison City of Huntsville (06-04-BT85P) June 22, 2007; June 29, 2007; *Madison County Record* The Honorable Loretta Spencer, Mayor, City of Huntsville, P.O. Box 308, Huntsville, Alabama 35804 September 28, 2007 010153 Madison City of Madison (06-04-BT85P) June 22, 2007; June 29, 2007; *Madison County Record* The Honorable Sandy Kirkindall, Mayor, City of Madison, 100 Hughes Road, Madison, Alabama 35758 September 28, 2007 010308 St. Clair St. Clair County (07-04-1138P) June 28, 2007; July 5, 2007; *St. Clair News-Aegis* The Honorable Stanley D. Batemon, Chairman, St. Clair County, Board of Commissioners, 165 Fifth Avenue, Suite 100, Ashville, Alabama 35953 July 24, 2007 010290 Arizona: Maricopa City of Mesa (07-09-0549P) June 14, 2007; June 21,2007; *Arizona Business Gazette* The Honorable Keno Hawker, Mayor, City of Mesa, P.O. Box 1466, Mesa, Arizona 85211-1466 September 20, 2007 040048 Maricopa City of Tucson (07-09-0707P) June 21, 2007; June 28, 2007; *The Daily Territorial* The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726 June 4, 2007 040076 Yavapai City of Prescott (07-09-0776P) June 14, 2007; June 21, 2007; *Prescott Daily Courier* The Honorable Rowle Simmons, Mayor, City of Prescott, 201 South Cortez Street, Prescott, Arizona 86303 May 21, 2007 040098 Yavapai Unincorporated Areas of Yavapai County (06-09-BA63P) June 21, 2007; June 28, 2007; *Prescott Daily Courier* The Honorable Chip Davis, Chairman, Yavapai County, Board of Supervisors, 10 South Sixth Street, Cottonwood, Arizona 86326 September 27, 2007 040093 Arkansas: Benton City of Bentonville (06-06-B146P) January 5, 2007; January 12, 2007; *Benton County Daily Record* The Honorable Terry Coberly, Mayor, City of Bentonville, City Hall, 117 West Central, Bentonville, Arkansas 72712 December 13, 2006 050012 Benton City of Rogers (06-06-BJ72P) April 18, 2007; April 25, 2007; *Benton County Daily Record* The Honorable Steve Womack, Mayor, City of Rogers, 301 West Chestnut Street, Rogers, Arkansas 72756 March 23, 2007 050013 Benton Unincorporated Areas of Benton County (06-06-B146P) January 5, 2007; January 12, 2007; *Benton County Daily Record* The Honorable Gary Black, Benton County Judge, 905 Northwest Eighth Street, Bentonville, Arkansas 72712 December 13, 2006 050419 Craighead City of Jonesboro (07-06-0299P) June 22, 2007; June 29, 2007; *The Jonesboro Sun* The Honorable Doug Forman, Mayor, City of Jonesboro, 515 West Washington Avenue, Jonesboro, Arkansas 72401 June 25, 2007 050048 California: Riverside City of Corona (07-09-0879P) June 14, 2007; June 21, 2007; *Press Enterprise* The Honorable Eugene Montanez, Mayor, City of Corona, 400 South Vicentia Avenue, Corona, California 92882 May 31, 2007 060250 San Diego Unincorporated Areas of San Diego County (07-09-0601P) June 21, 2007; June 28, 2007; *San Diego Daily Transcript* The Honorable Ron Roberts, Chairman, San Diego County, Board of Supervisors, County Administration Center, 1600 Pacific Highway, Room 335, San Diego, California 92101 September 27, 2007 060284 Colorado: El Paso City of Colorado Springs (05-08-0638P) January 17, 2007; January 24, 2007; *El Paso County News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901 April 18, 2007 080060 El Paso Unincorporated Areas of El Paso County (05-08-0638P) January 17, 2007; January 24, 2007; *El Paso County News* The Honorable Sallie Clark, Chairperson, El Paso County, Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903 April 18, 2007 080059 Jefferson City of Golden (06-08-B552P) June 14, 2007; June 21, 2007; *The Golden Transcript* The Honorable Charles J. Baroch, Mayor, City of Golden, 701 Ridge Road, Golden, Colorado 80403 September 20, 2007 080090 Jefferson City of Golden (07-08-0043P) June 21, 2007; June 28, 2007; *The Golden Transcript* The Honorable Charles J. Baroch, Mayor, City of Golden, 701 Ridge Road, Golden, Colorado 80403 September 27, 2007 080090 Jefferson City of Lakewood (07-08-0439P) June 14, 2007; June 21, 2007; *The Golden Transcript* The Honorable Steve Burkholder, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado 80226 September 20, 2007 085075 Jefferson Unincorporated Areas of Jefferson County (06-08-B552P) June 14, 2007; June 21, 2007; *The Golden Transcript* The Honorable Jim Congrove, Chairman, Jefferson County, Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419-5550 September 20, 2007 080087 Delaware: New Castle Unincorporated Areas of New Castle County (07-03-0410P) June 15, 2007; June 22, 2007; *Newark Post* The Honorable Chris Coons, County Executive, New Castle County, 87 Reads Way, New Castle, Delaware 19720 May 18, 2007 105085 Florida: Orange City of Orlando (05-04-A581P) June 21, 2007; June 28, 2007; *Orlando Weekly* The Honorable Buddy Dyer, Mayor, City of Orlando, P.O. Box 4990, Orlando, Florida 32802 September 27, 2007 120186 Walton Unincorporated Areas of Walton County (07-04-2769P) June 21, 2007; June 28, 2007; *Northwest Florida Daily News* The Honorable Kenneth Pridgen, Chairman, Walton County, Board of Commissioners, 17400 State Highway 83 North, DeFuniak Springs, Florida 32433 September 27, 2007 120317 Georgia: Bryan City of Richmond Hill (07-04-0419P) May 23, 2007; May 30, 2007; *Bryan County News* The Honorable Richard R. Davis, Mayor, City of Richmond Hill, P.O. Box 250, Richmond Hill, Georgia 31324 August 30, 2007 130018 Whitfield City of Dalton (07-04-3918X) June 1, 2007; June 8, 2007; *Dalton Daily Citizen* The Honorable Raymond A. Elrod, Sr., Mayor, City of Dalton, P.O. Box 1205, Dalton, Georgia 30722 September 20, 2007 130194 Illinois: Cook City of Chicago (07-05-1665P) June 21, 2007; June 28, 2007; *Daily Herald* The Honorable Richard M. Daley, Mayor, City of Chicago, 121 North La Salle Street, Room 504, Chicago, Illinois 60602 July 2, 2007 170074 Cook City of Des Plaines (07-05-1665P) June 21, 2007; June 28, 2007; *Daily Herald* The Honorable Anthony Arredia, Mayor, City of Des Plaines, 1420 Miner Street, Des Plaines, Illinois 60016 July 2, 2007 170081 Cook Village of Elk Grove (07-05-2483P) June 13, 2007; June 25, 2007; *Elk Grove Journal* The Honorable Craig B. Johnson, Mayor, Village of Elk Grove, 901 Wellington Avenue, Elk Grove, Illinois 60007 August 30, 2007 170088 Cook Village of Rosemont (07-05-1665P) June 21, 2007; June 28, 2007; *Daily Herald* The Honorable Donald Stephens, Village President, Village of Rosemont, Rosemont Hall, 9501 West Devon Avenue, Rosemont, Illinois 60018 July 2, 2007 170156 Cook Unincorportaed Areas of Cook County (07-05-1665P) June 21, 2007; June 28, 2007; *Daily Herald* The Honorable Todd H. Stroger, President, Cook County, Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602 July 2, 2007 170054 Cook Unincorporated Areas of Cook County (07-05-2483P) June 13, 2007; June 25, 2007; *Elk Grove Journal* The Honorable Todd H. Stroger, President, Cook County, Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602 August 30, 2007 170054 Lake Unincorporated Areas of Lake County (07-05-0638P) June 14, 2007; June 21, 2007; *Lake County News-Sun* The Honorable Suzi Schmidt, Chair, Lake County Board, 18 North County Street, Waukegan, Illinois 60085 June 18, 2007 170357 Lake Village of Round Lake Park (07-05-0638P) June 14, 2007; June 21, 2007; *Lake County News-Sun* The Honorable Jean McCue, Mayor, Village of Round Lake Park, 203 East Lake Shore Drive, Round Lake, Illinois 60073 June 18, 2007 170391 Will City of Lockport (07-05-0135P) April 11, 2007; April 25, 2007; *Homer Glen Sun* The Honorable Tim Murphy, Mayor, City of Lockport, 222 East Ninth Street, Lockport, Illinois 60441 June 18, 2007 170703 Will City of Naperville (07-05-0767P) June 14, 2007; June 21, 2007; *Naperville Sun* The Honorable A. George Pradel, Mayor, City of Naperville, 400 South Eagle Street, Naperville, Illinois 60540 May 24, 2007 170213 Will Unincorporated Areas of Will County (07-05-0135P) April 11, 2007; April 25, 2007; *Homer Glen Sun* The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, Illinois 60432 June 18, 2007 170695 Will Unincorporated Areas of Will County (07-05-0767P) June 14, 2007; June 21, 2007; *Naperville Sun* The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, Illinois 60432 May 24, 2007 170695 Indiana: Allen Unincorporated Areas of Allen County (07-05-2787P) June 21, 2007; June 28, 2007; *Journal Gazette* The Honorable Linda K. Bloom, County Administrator, Allen County, Board of Commissioners, County Building, One East Main Street, Room 200, Fort Wayne, Indiana 46802 September 27, 2007 180302 Lake Town of St. John (06-05-BA28P) June 21, 2007; June 28, 2007; *Post-Tribune* The Honorable Michael S. Fryzel, President, Town Council, Town of St. John, 10955 West 93rd Avenue, St. John, Indiana 46373 May 29, 2007 180141 Minnesota: Anoka City of Blaine (07-05-3169P) May 18, 2007; May 25, 2007; *Blaine-Spring Lake Park Life* The Honorable Thomas Ryan, Mayor, City of Blaine, 10801 Town Square Drive Northeast, Blaine, Minnesota 55449-8101 April 24, 2007 270007 Mississippi: Leflore City of Greenwood (06-04-BU48P) June 21, 2007; June 28, 2007; *Greenwood Commonwealth* The Honorable Sheriel Perkins, Mayor, City of Greenwood, P.O. Box 907, Greenwood, Mississippi 38935-0907 September 27, 2007 280102 Leflore Unincorporated Areas of Leflore County (06-04-BU48P) June 21, 2007; June 28, 2007; *Greenwood Commonwealth* The Honorable Robert Moore, Chairman, Leflore County Council, P.O. Box 250, Greenwood, Mississippi 38935 September 27, 2007 280101 Missouri: Greene Unincorporated Areas of Greene County (07-07-0395P) June 21, 2007; June 28, 2007; *Springfield News Leader* The Honorable David Coonrod, Presiding Commissioner, Greene County Board of Commissioners, 933 North Roberson, Springfield, Missouri 65802 September 27, 2007 290782 Phelps City of Rolla (07-07-0005P) June 20, 2007; June 27, 2007; *Rolla Daily News* The Honorable William Jenks III, Mayor, City of Rolla, P.O. Box 979, Rolla, Missouri 65402 September 26, 2007 290285 St. Louis City of Chesterfield (06-07-B058P) July 12, 2007; July 19, 2007; *St. Louis Daily Record* The Honorable John Nations, Mayor, City of Chesterfield, 690 Chesterfield Parkway West, Chesterfield, Missouri 63017-0670 August 23, 2007 290896 St. Louis Unincorporated Area of St. Louis County (06-07-B058P) July 12, 2007; July 19, 2007; *St. Louis Daily Record* The Honorable Charlie A. Dooley, County Executive, St. Louis County, 41 South Central Avenue, Clayton, Missouri 63105 August 23, 2007 290327 Nebraska: Saunders City of Ashland (06-07-B193P) May 24, 2007; May 31, 2007; *Ashland Gazette* The Honorable Ronna Wigg, Mayor, City of Ashland, 2304 Silver Street, Ashland, Nebraska 68003 August 30, 2007 310196 Saunders Unincorporated Areas of Saunders County (06-07-B193P) May 24, 2007; May 31, 2007; *Ashland Gazette* The Honorable Kenneth Kuncl, Chairman, Saunders County, Board of Supervisors, 109 North Railway, Prague, Nebraska 68050 August 30, 2007 310195 New Mexico: Chaves City of Roswell (06-06-B007P) June 28, 2007; July 5, 2007; *Roswell Daily Record* The Honorable Sam D. LaGrone, Mayor, City of Roswell, P.O. Box 1837, Roswell, New Mexico 88202 October 4, 2007 350006 Chaves Unincorporated Areas of Chaves County (06-06-B007P) June 28, 2007; July 5, 2007; *Roswell Daily Record* Mr. Stanton Riggs, County Manager, Chaves County, P.O. Box 1817, Roswell, New Mexico 88202 October 4, 2007 350125 New York: Jefferson Town of Pamelia (07-02-0466P) June 21, 2007; June 28, 2007; *Watertown Daily Times* The Honorable Lawrence Longway, Town Supervisor, Town of Pamelia, 25859 State Route 37, Watertown, New York 13601 December 27, 2007 360346 Orange Town of Chester (06-02-B447P) June 14, 2007; June 21, 2007; *Times Herald Record* Mr. William J. Tully, Town Supervisor, Town of Chester, 1786 Kings Highway, Chester, New York 10918 November 9, 2007 360870 Orange Village of Chester, (06-02-B447P) June 14, 2007; June 21, 2007; *Times Herald Record* The Honorable Joseph Battiato, Mayor, Village of Chester, 47 Main Street, Chester, New York 10918 November 9, 2007 361541 Ohio: Butler City of Fairfield (07-05-2018P) June 21, 2007; *Middletown Journal* , June 28, 2007; *Journal News* The Honorable Ron D'Epifanio, Mayor, City of Fairfield, 5350 Pleasant Avenue, Fairfield, Ohio 45014 September 27, 2007 390038 Licking City of Newark (06-05-BP23P) June 14, 2007; June 21, 2007; *The Newark Advocate* The Honorable Bruce Bain, Mayor, City of Newark, 40 West Main Street, Newark, Ohio 43055 September 20, 2007 390335 Warren City of Mason (07-05-1898P) June 21, 2007; June 28, 2007; *Pulse Journal* The Honorable Charlene Pelfrey, Mayor, City of Mason, 6000 Mason-Montgomery Road, Mason, Ohio 45040 September 27, 2007 390559 Oklahoma: Oklahoma City of Oklahoma City (07-06-0604P) June 14, 2007; June 21, 2007; *The Oklahoman* The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Street, Third Floor, Oklahoma City, Oklahoma 73102 May 22, 2007 405378 Oregon: Columbia City of St. Helens (07-10-0169P) June 20, 2007; June 27, 2007; *Scappoose South County Spotlight* The Honorable Randy Peterson, Mayor, City of St. Helens, P.O. Box 278, St. Helens, Oregon 97051 September 26, 2007 410040 Pennsylvania: Chester Borough of South Coatesville (07-03-0866X) June 28, 2007; July 5, 2007; *The Daily Local* The Honorable Gregory V. Hines, Council President, Borough of Coatesville, 136 Modena Road, South Coatesville, Pennsylvania 19320 June 11, 2007 420288 Puerto Rico: Puerto Rico Commonwealth of Puerto Rico (07-02-0196P) May 25, 2007; May 31, 2007; *San Juan Star* The Honorable Anibal Acevedo-Vila, Governor of Commonwealth of Puerto Rico, P.O. Box 82, La Fortaleza, San Juan, Puerto Rico 00901 July 19, 2007 720000 South Carolina: Anderson Unincorporated Areas of Anderson County (06-04-C085P) May 17, 2007; May 24, 2007; *Anderson Independent Mail* Mr. Joey R. Preston, County Administrator, Anderson County, P.O. Box 8002, Anderson, South Carolina 29622 July 26, 2007 450013 Berkley Unincorporated Areas of Berkeley County (06-04-C284P) June 20, 2007; June 27, 2007; *Berkeley Independent* The Honorable Daniel W. Davis, Supervisor and County Councilman, Berkeley County, 1003 Highway 52, Moncks Corner, South Carolina 29461 September 26, 2007 450029 Richland Unincorporated Areas of Richland County (07-04-3361P) June 15, 2007; June 22, 2007; *The Columbia Star* The Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administrative Building, 2020 Hampton Street, Second Floor, Columbia, South Carolina 29204 September 21, 2007 450170 Texas: Bandera Unincorporated Areas of Bandera County (06-06-BJ92P) June 20, 2007; June 27, 2007; *Bandera Bulletin* The Honorable Richard A. Evans, Bandera County Judge, P.O. Box 877, Bandera, Texas 78003 September 26, 2007 480020 Bastrop City of Elgin (07-06-0779P) May 16, 2007; May 23, 2007; *Elgin Courier* The Honorable Gladys Markert, Mayor, City of Elgin, 310 North Main Street, Elgin, Texas 78621 August 30, 2007 480023 Bexar City of San Antonio (07-06-0434P) July 5, 2007; July 12, 2007; *Daily Commercial Recorder* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283 October 11, 2007 480045 Bexar City of Shavano Park (06-06-BK20P) June 21, 2007; June 28, 2007; *Daily Commercial Recorder* The Honorable David A. Marne, Mayor, City of Shavano Park, 900 Saddle Tree Court, Shavano Park, Texas 78231 September 27, 2007 480047 Comal Unincorporated Areas of Comal County (06-06-BB92P) February 22, 2007; March 1, 2007; *The Herald-Zeitung* The Honorable Danny Scheel, Comal County Judge, 199 Main Plaza, New Braunfels, Texas 78130 May 24, 2007 485463 Collin City of Allen (06-06-B489P) June 14, 2007; June 21, 2007; *The Allen American* The Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, Texas 75013 July 2, 2007 480131 Dallas City of Coppell (06-06-BE95P) June 13, 2007; June 20, 2007; *Coppell Gazette* The Honorable Doug Stover, Mayor, City of Coppell, 255 Parkway Boulevard, Coppell, Texas 75019 September 19, 2007 480170 Dallas City of Dallas (06-06-BE95P) June 13, 2007; June 20, 2007; *Coppell Gazette* The Honorable Laura Miller, Mayor, City of Dallas, 1500 Marilla Street, Room 5/F/N, Dallas, Texas 75201 September 19, 2007 480171 Dallas City of Irving (06-06-BE95P) June 13, 2007; June 20, 2007; *Coppell Gazette* The Honorable Herbert A. Gears, Mayor, City of Irving, 825 West Irving Boulevard, Irving, Texas 75060 September 19, 2007 480180 Fort Bend Fort Bend County M.U.D. #23 (06-06-BI97P) June 21, 2007; June 28, 2007; *Fort Bend Herald* The Honorable Ellen Hughes, District President, Fort Bend County Municipal Utility, District No. 23, 1715 Misty Fawn Lane, Fresno, Texas 77545 September 27, 2007 481590 Fort Bend City of Missouri City (06-06-BI97P) June 21, 2007; June 28, 2007; *Fort Bend Herald* The Honorable Allen Owen, Mayor, City of Missouri City, 1522 Texas Parkway, Missouri City, Texas 77459 September 27, 2007 480304 Fort Bend Unincorporated Areas of Fort Bend County (06-06-BI97P) June 21, 2007; June 28, 2007; *Fort Bend Herald* The Honorable Robert E. Herbert, PhD, Fort Bend County Judge, 301 Jackson Street, Richmond, Texas 77469 September 27, 2007 480228 Hood City of Granbury (07-06-0376P) June 20, 2007; June 27, 2007; *Hood County News* The Honorable David Southern, Mayor, City of Granbury, 116 West Bridge Street, Granbury, Texas 76048 September 26, 2007 480357 Jones and Taylor City of Abliene (07-06-1080P) June 21, 2007; June 28, 2007; *Abilene Reporter-News* The Honorable Norm Archilbald, Mayor, City of Abilene, 717 Byrd Drive, Abilene, Texas 79601 September 27, 2007 485450 McLennan City of Waco (07-06-0187P) June 21, 2007; June 28, 2007; *Waco Tribune Herald* The Honorable Virginia Dupuy, Mayor, City of Waco, P.O. Box 2570, Waco, Texas 76702 September 27, 2007 480461 McLennan Unincorporated Areas of McLennan County (07-06-0187P) June 21, 2007; June 28, 2007; *Waco Tribune Herald* The Honorable Jim Lewis, McLennan County Judge, McLennan County Courthouse, 501 Washington Avenue, Waco, Texas 78701 September 27, 2007 480456 Tarrant City of Colleyville (07-06-0840P) June 22, 2007; June 29, 2007; *Colleyville Courier* The Honorable David Kelly, Mayor, City of Colleyville, 100 Main Street, Colleyville, Texas 76034 May 30, 2007 480590 Tarrant City of Fort Worth (07-06-0791P) April 12, 2007; April 19, 2007; *Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 July 12, 2007 480596 Tarrant City of Fort Worth (07-06-0825P) May 24, 2007; May 31, 2007; *Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 August 30, 2007 480596 Tarrant City of Haslet (07-06-1421P) June 15, 2007; June 22, 2007; *Haslet Harbinger* The Honorable Gary Hulsey, Mayor, City of Haslet, 105 Main Street, Haslet, Texas 76052 May 29, 2007 480600 Tarrant City of Mansfield (07-06-1272P) June 22, 2007; June 29, 2007; *Mansfield News Mirror* The Honorable Mel Neuman, Mayor, City of Mansfield, 1200 East Board Street, Mansfield, Texas 76063 September 28, 2007 480606 Virginia: Frederick Unincorporated Areas of Frederick County (06-03-B184P) June 14, 2007; June 21, 2007; *Winchester Star* Mr. John Riley, Jr., County Administrator, Frederick County, 107 North Kent Street, Winchester, Virginia 22601 September 12, 2007 510063 Frederick City of Winchester (06-03-B184P) June 14, 2007; June 21, 2007; *Winchester Star* The Honorable Elizabeth Minor, Mayor, City of Winchester, 422 National Avenue, Winchester, Virginia 22601 September 12, 2007 510173 West Virginia: Greenbrier Unincorporated Areas of Greenbrier County (07-03-0022P) April 14, 2007; April 21, 2007; *Mountain Messenger* The Honorable Betty Crookshanks, President, Greenbrier County Commission, 200 North Court Street, Lewisburg, West Virginia 24901 July 30, 2007 540040 Greenbrier City of White Sulphur Springs (07-03-0022P) April 14, 2007; April 21, 2007; *Mountain Messenger* The Honorable Debra Fogus, Mayor, City of White Sulphur Springs, 34 West Main Street, White Sulphur Springs, West Virginia 24986 July 30, 2007 540045 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 21, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-17341 Filed 8-30-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 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. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)# Depth in feet above ground. Modified Communities affected Barnes County, North Dakota, and Incorporated Areas Docket No.: FEMA-B-7705 Sheyenne River Approximately 3200 feet downstream from 117th Ave SE (Barnes County Highway 21) +1214 City of Valley City. Just upstream from Interstate 94 +1219 Approximately 3350 feet upstream from 65th Street NE +1224 Approximately 5600 feet upstream from Maryvale Bridge +1228 Sheyenne River Approximately 700 feet upstream from ND Highway 46 +1162 Barnes County (Unincorporated Areas). Just downstream from 43rd St. SE (Barnes County Highway 21) +1198 Just Downstream from Baldhill Dam +1239 *National Geodetic Vertical Datum. #Depth in feet above ground. +North American Vertical Datum. ADDRESSES City of Valley City Maps are available for inspection at City Hall, 220 3rd St. NE, Valley City, ND 58072. Barnes County (Unincorporated Areas) Maps are available for inspection at Barnes County Courthouse, 230 4th Street NW, Valley City, ND 58072. City of Harrisonburg, Independent City, Virginia Docket No: FEMA-B-7462 Blacks Run Just upstream of Early Road +1199 City of Harrisonburg. Approximately 400 feet downstream of Acorn Drive +1376 Blacks Run Tributary No. 1 Approximately at the confluence with Blacks Run +1269 City of Harrisonburg. Approximately 1180 feet upstream of Terri Drive +1453 Blacks Run Tributary No. 2 Approximately 80 feet upstream of the confluence with Blacks Run Tributary No. 1 +1270 City of Harrisonburg. Approximately 1400 feet upstream of Peach Grove Avenue +1377 Blacks Run Tributary No. 3 Approximately at the confluence with Blacks Run Tributary No. 1 +1307 City of Harrisonburg. Approximately 80 feet downstream of Reservoir Street +1418 Approximately 150 feet upstream of Reservoir Street +1430 Sunset Heights Branch Approximately 650 feet upstream of Erickson Avenue +1271 City of Harrisonburg. Approximately 150 feet down stream of West Market Street +1336 Approximately 1100 feet upstream of West Market Street +1364 West Fork Sunset Heights Branch Approximately at the confluence of Sunset Heights Branch +1309 City of Harrisonburg. Approximately 900 feet upstream of Garbers Church Road +1364 Approximately 1100 feet upstream of Garbers Church Road +1366 # Depth in feet above ground. *National Geodetic Vertical Datum. +National American Vertical Datum. Individual points for the City of Harrisonburg were processed to obtain place specific conversion factors. These individual point factors were then averaged throughout the community to obtain an average community wide conversion factor of .443 feet. To convert between NAVD and NGVD for the City of Harrisonburg use the following formula: NAVD = NGVD−0.443. City of Harrisonburg Maps are available for inspection at City of Harrisonburg, Department of Community Development, 409 South Main Street, Harrisonburg, Virginia 22801. Kanawha County, West Virginia, and Incorporated Areas Docket No.: FEMA-B-7723 Alum Creek Begins at approximately 298 feet downstream of CSX Railroad +519 Kanawha County (Unincorporated Areas). Ends approximately at 3649 feet upstream of Rebel Mountain Road +709 Brier Creek Begins at approximately 1180 feet downstream of Sproul Road +608 Kanawha County (Unincorporated Areas). Ends approximately at 2390 feet upstream of Brown Land Road +702 Dutch Hollow Begins at approximately 3125 feet downstream of I-64 Bridge +590 City of Dunbar, Kanawha County (Unincorporated Areas). Ends approximately at 4850 feet upstream of I-64 Bridge +666 Finney Branch Begins at approximately 1050 feet downstream of Charles Avenue +590 City of Dunbar, Kanawha County (Unincorporated Areas). Ends approximately at 360 feet upstream of Gravel Drive +601 Georges Creek Begins at approximately 2575 feet downstream of Malden Road +597 Kanawha County (Unincorporated Areas). Ends approximately at 3490 feet upstream of Georges Creek Drive +721 Indian Creek Begins at approximately 3775 feet downstream of State Route 114 +611 Kanawha County (Unincorporated Areas). Ends approximately at 1000 feet upstream of Boner Drive +693 Magazine Branch Starts at approximately 920 feet downstream of Pennsylvania Avenue +594 City of Charleston, Kanawha County (Unincorporated Areas). Ends approximately at 100 feet upstream of Pacific Street +688 Middle Fork Begins at approximately 480 feet downstream of Middle Fork Road +606 Kanawha County (Unincorporated Areas). Ends approximately at 135 feet upstream of Middle Fork Road +630 Mill Creek Begins at approximately 90 feet downstream of Rail Road Bridge +605 Kanawha County (Unincorporated Areas). Ends approximately at 4550 feet upstream of Mill Creek Road +775 Two and Three Quarter Mile Creek Begins at approximately 220 feet downstream of U.S. Route 60 +589 Kanawha County (Unincorporated Areas). Ends approximately at 1880 feet upstream of Cane Fork Road +618 *National Geodetic Vertical Datum. #Depth in feet above ground. +North American Vertical Datum. ADDRESSES City of Charleston Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301. City of Dunbar Maps are available for inspection at 210 12th Street, Dunbar, WV 25064. Kanawha County (Unincorporated Areas) Maps are available for inspection at 501 East Virginia Street, Charleston, WV 25301. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 22, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-17319 Filed 8-30-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 RIN 0648-XC23 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason retention limit adjustment. SUMMARY: NMFS has determined that the Atlantic tunas General category daily Atlantic bluefin tuna

(BFT)retention limit should be adjusted for the September and October time period of the 2007 fishing year. The adjustment will allow for maximum utilization of the General category quota. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial fishing opportunities without risking overharvest of the General category quota. DATES: The effective dates for the BFT daily retention limits are provided in Table 1 under SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Brad McHale, 978-281-9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (16 U.S.C. 971 *et seq.* ) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 *et seq.* ) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories. The 2007 fishing year began on June 1, 2007, and ends December 31, 2007. NMFS proposed 2007 fishing year specifications to set BFT quotas and General category effort controls on April 4, 2007 (72 FR 16318). These proposed specifications considered adjusting the daily retention limits throughout the 2007 season and received favorable public support. NMFS published final specifications on June 18, 2007 (72 FR 33401) and increased the default General category retention limit of one large medium or giant BFT (measuring 73 inches (185 cm) curved fork length

(CFL)or greater) per vessel per day/trip to three large medium or giant BFT, measuring 73 inches CFL or greater, per vessel per day/trip through August 31, 2007. This action enhances commercial BFT fishing opportunities to those vessels permitted in the Atlantic tunas General category and the Highly Migratory Species

(HMS)Charter/Headboat category, while fishing commercially. In addition, NMFS stated that it would consider adjustment of retention of retention limits for future time periods, if warranted. Daily Retention Limits Pursuant to this action, the daily BFT retention limits for the Atlantic tunas General and HMS Charter/Headboat categories are as follows: Table 1. Effective Dates for Retention Limit Adjustments Permit Category Effective Dates Areas BFT Size Class Daily Limit June 1 through August 31, 2007, inclusive. All Three BFT per vessel per trip, measuring 73 inches (185 cm) curved fork length

(CFL)or greater. Atlantic tunas General and HMS Charter/Headboat (while fishing commercially) September 1 through October 31, 2007, inclusive. All Three BFT per vessel per trip, measuring 73 inches (185 cm) CFL or greater. November 1 through December 31, 2007, inclusive. All One BFT per vessel per trip, measuring 73 inches (185 cm) CFL or greater. Adjustment of General Category Daily Retention Limits Under 50 CFR 635.23(a)(4), NMFS may increase or decrease the daily retention limit of large medium and giant BFT over a range of zero to a maximum of three per vessel to provide for maximum utilization of the General category quota for BFT. Such adjustments to the commercial retention limit are based on NMFS' consideration of the criteria provided under § 635.27(a)(8), which include: the usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock; the catches of the particular category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made; the projected ability of the vessels fishing under the particular category quota to harvest the additional amount of BFT before the end of the fishing year; the estimated amounts by which quotas for other gear categories of the fishery might be exceeded; effects of the adjustment on BFT rebuilding and overfishing; effects of the adjustment on accomplishing the objectives of the fishery management plan; variations in seasonal distribution, abundance, or migration patterns of BFT; effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category's quota; and a review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds. As of August 24, 2007, the coast wide General category has landed 29.4 metric tons

(mt)out of a possible 643.6 mt, and catch rates remain less that 1.0 mt per day even though the General category retention limit was increased to three BFT per vessel per trip, measuring 73 inches (185 cm) CFL or greater for the June through August time period. Starting on September 1, 2007, the General category daily retention limit, located at § 635.23(a)(2), is scheduled to revert back to the default retention limit of one large medium or giant BFT (measuring 73 inches (185 cm) CFL) or greater per vessel per day/trip. This scheduled retention limit applies to General category permitted vessels and HMS Charter/Headboat category permitted vessels (when fishing commercially for BFT). NMFS has considered the set of criteria cited above and their applicability to the commercial BFT retention limit for the September and October portion of the 2007 fishing year. The criteria include but are not limited to: the usefulness of information obtained from catches for biological sampling and monitoring of the status of the stock; the date and the likelihood of closure if no adjustment is made; the effects of the adjustment on BFT rebuilding and overfishing; variations in seasonal distribution, abundance, or migration patterns of BFT; effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category's quota; and a review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds. Based on these considerations, NMFS has determined that the General category retention should be adjusted. Therefore, NMFS increases the General category retention limit from the default limits effective September 1 through October 31, 2007. This adjustment increases the General category daily retention limit to three large medium or giant BFT, measuring 73 inches (185 cm) CFL or greater, per vessel per day/trip. This General category retention limit is effective in all areas, except for the Gulf of Mexico, and applies to those vessel permitted in the General category as well as to those HMS Charter/Headboat permitted vessels fishing commercially for BFT. Monitoring and Reporting NMFS selected the daily retention limit and the duration after examining an array of data as it pertains to the determination criteria. These data included, but were not limited to, current and previous catch and effort rates, quota availability, previous public comments on inseason management measures, stock status, etc. NMFS will continue to monitor the BFT fishery closely through the mandatory dealer landing reports. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional retention limit adjustments are necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. Closures or subsequent adjustments to the daily retention limits, if any, will be published in the **Federal Register** . In addition, fishermen may call the Atlantic Tunas Information Line at

(888)872-8862 or

(978)281-9260, or access the internet at www.hmspermits.gov, for updates on quota monitoring and retention limit adjustments. Classification The Assistant Administrator for NMFS (AA), finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: NMFS continues to receive information refining its understanding of the commercial sector's specific needs regarding retention limits mid-way through the 2007 season. NMFS assessments and analyses show catch rates to date have been low and that there is sufficient quota for an increase to the General category retention limit during the months of September and October. NMFS has recently become aware of increased availability of large medium and giant BFT off northern Atlantic fishing grounds from fishing reports, vessels participating in other fisheries, and landings data from dealers. This increase in abundance provides the potential to increase General category landings rates if fishery participants are authorized to harvest three large medium or giant BFT per day. The regulations implementing the HMS FMP provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement these retention limits is impracticable as it would preclude NMFS from acting promptly to allow harvest of BFT that are available on the fishing grounds. Analysis of available data shows that the General category BFT retention limits may be increased with minimal risks of exceeding the ICCAT allocated quota. Delays in increasing these retention limits would adversely affect those General and Charter/Headboat category vessels that would otherwise have an opportunity to harvest more than the default retention limit of one BFT per day and may exacerbate the problem of low catch rates and quota rollovers. Limited opportunities to harvest the respective quotas may have negative social and economic impacts to U.S. fishermen that either depend upon catching the available quota within the time periods designated in the HMS FMP. Adjustment to the retention limit needs to be effective September 1, 2007, to minimize any unnecessary disruption in fishing patterns and for the impacted sectors to benefit from the adjustments so as to not preclude fishing opportunities from fishermen who only have access to the fishery during this time period. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, and because this action relieves a restriction (i.e., current default retention limit is one fish per vessel/trip but this action increases that limit and allows retention of more fish), there is also good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under 50 CFR 635.23(a)(4) and (b)(3) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 *et seq.* and 1801 *et seq.* Dated: August 28, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-4283 Filed 8-28-07; 1:20 pm]

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