Proposed Rules. Proposed rule

Agency: Environmental Protection Agency (EPA)
Action: Proposed rule
Citation: FR Doc. 07-5331 · EPA-HQ-0AR-2007-0510; FRL-8485-8 · 40 CFR 52

Summary

EPA is proposing to amend the Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) to provide for automatic withdrawal of the CAIR FIPs in a State upon the effective date of EPA's approval of a full State implementation plan (SIP) revision meeting the CAIR requirements. EPA believes it is appropriate for the FIP withdrawal to be automatic because to the extent EPA approves the State's full CAIR SIP, this corrects the deficiency that provided the basis for EPA's promulgation of the FIPs in that State. In the “Rules” section of this Federal Register , we are issuing this action as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

Dates

Written comments must be received by December 17, 2007.

Supplementary Information

I. Why Is EPA Issuing This Proposed Rule? This document proposes to amend the CAIR FIPs to provide for automatic withdrawal of the CAIR FIPs in a State upon the effective date of EPA's approval of a full SIP revision meeting the CAIR requirements. We have published a direct final rule making such amendments in the “Rules” section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. The regulatory text for this proposal is identical to that for the direct final rule published in the “Rules” section of this Federal Register . For further information and the detailed rationale for this proposal, see the information provided in the direct final rule. II. Does This Action Apply to Me? This action does not propose any control requirements. It proposes to amend the CAIR FIPs to provide for automatic withdrawal of the CAIR FIPs in a State upon the effective date of EPA's approval of the CAIR SIP for the State. EPA promulgated the CAIR FIPs on April 28, 2006 (71 FR 25328). Categories and entities potentially regulated by the CAIR FIPs include the following: Category NAICS code 1 Examples of potentially regulated entities Industry 221112 Fossil fuel-fired electric utility steam generating units. Federal government 2 221122 Fossil fuel-fired electric utility steam generating units owned by the Federal government. State/local/Tribal government 2 221122 Fossil fuel-fired electric utility steam generating units owned by municipalities. 921150 Fossil fuel-fired electric utility steam generating units in Indian Country. 1 North American Industry Classification System. 2 Federal, State, or local government-owned and operated establishments are classified according to the activity in which they are engaged. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by the CAIR FIPs. To determine whether your facility is affected by the CAIR FIPs, you should examine the definitions and applicability criteria in 40 CFR 97.102, 97.104, 97.105, 97.202, 97.204, 97.205, 97.302, 97.304, and 97.305. If you have any questions regarding the applicability of the CAIR FIPs to a particular entity, consult the person listed in the preceding section under FOR FURTHER INFORMATION CONTACT . III. What Action Is EPA Proposing? The EPA is proposing to amend the CAIR FIPs to provide for automatic withdrawal of the CAIR FIPs in a State upon the effective date of EPA's approval of a full SIP revision meeting the CAIR requirements. All CAIR States are required to revise their SIPs to include control measures to reduce emissions of nitrogen oxides and/or sulfur dioxide. The EPA issued the CAIR FIPs as a backstop to implement the CAIR in each CAIR State until that State has an EPA-approved CAIR SIP in place to achieve the required reductions. In the FIP rulemaking, EPA stated it would withdraw the FIPs in a State in coordination with the approval of the CAIR SIP for that State. EPA believes it is appropriate for the FIP withdrawal to be automatic because to the extent EPA approves the State's full CAIR SIP, this corrects the deficiency that provided the basis for EPA's promulgation of the FIPs in that State. The automatic withdrawal provision would not apply to EPA approvals of any abbreviated SIPs revisions submitted pursuant to 40 CFR 51.123(p), 40 CFR 51.123(ee) and 40 CFR 51.124(r). The detailed description of and rational for this proposal appears in the direct final rule published in the “Rules” section of this Federal Register . III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the Executive Order. B. Paperwork Reduction Act This action does not impose any new information collection burden. This action proposes to amend the CAIR FIPs to provide for automatic withdrawal of the CAIR FIPs in a State once the State's CAIR SIP is in place. EPA believes that the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ) requirements of the existing CAIR FIPs rule are satisfied through the Information Collection Request (ICR) (EPA ICR number 2152.02; OMB control number 2060-0570) submitted to the OMB for review and approval as part of the CAIR (70 FR 25162-25405) and approved by the OMB in September 2005. A copy of the OMB approved Information Collection Request (ICR) may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An 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 numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this rule on small entities, small entity is defined as: (1) A small business “as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201;” (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This proposed rule will not impose any requirements on small entities. This proposal would not impose new requirements on any entities, but instead would provide for the automatic withdrawal of the CAIR FIPs in certain circumstances. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments or the private sector. The rule imposes no enforceable duty on any State, local or tribal governments or the private sector because this proposal would not impose new requirements on any entities, but instead would provide for the automatic withdrawal of the CAIR FIPs in certain circumstances. Thus, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. E. Executive Order 13132: Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), 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 proposed rule does not have federalism implications. It will not 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, as specified in Executive Order 13132. This proposal would not impose an enforceable duty on any State, local or tribal governments or the private sector. Thus, Executive Order 13132 does not apply to this proposal. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on this proposed rule from State and local officials. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), 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.” This proposed rule does not have tribal implications, as specified in Executive Order 13175 because it would not impose an enforceable duty on any State, local or tribal governments or the private sector. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045: “Protection of Children from Environmental health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be “economically significant” as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This proposal is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This proposed rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. EPA welcomes comments on this aspect of the proposed rulemaking and, specifically, invites the public to identify potentially-applicable voluntary consensus standards and to explain why such standards should be used in this regulation. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this proposal would not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it would not affect the level of protection provided to human health or the environment. This action does not propose an enforceable duty on any State, local or tribal governments or the private sector. It would neither increase nor decrease environmental protection. List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Electric utilities, Intergovernmental relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: October 17, 2007. Stephen L. Johnson, Administrator. [FR Doc. E7-20845 Filed 11-1-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7744] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1 percent annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice 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 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 January 31, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are 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-7744, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov. 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 are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these 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. Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq. , and do not fall under the APA. 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation** Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground Effective Modified Communities affected Autauga County, Alabama, and Incorporated Areas Autauga Creek 1570 feet downstream from County Road 4 None +159 City of Prattville, Unincorporated Areas of Autauga County. 4370 feet upstream from Railroad +278 +280 Tributary 1 Confluence with Autauga Creek +205 +199 City of Prattville. 1050 feet upstream from confluence with Autauga Creek +207 +199 Tributary 2 1254 feet upstream from confluence with Autauga Creek +204 +207 City of Prattville, Unincorporated Areas of Autauga County. 16 feet upstream from Railroad +226 +228 Breakfast Creek 220 feet upstream from confluence with Autauga Creek None +211 City of Prattville. 235 feet upstream from Bridge Creek Road None +319 Noland Creek 32 feet downstream from confluence with Dry Branch None +165 City of Prattville. 3288 feet upstream from Copper Ridge Road None +304 Pine Creek At South Memorial Drive +159 +163 City of Prattville. 2440 feet upstream from confluence with Dunn Branch +307 +311 Tributary 1 380 feet upstream from confluence with Pine Creek +287 +289 City of Prattville. 907 feet upstream from North Memorial Drive +334 +332 Tributary 2 430 feet upstream from Holly Court +312 +314 City of Prattville. 1520 feet upstream from Henderson Lane +348 +350 Tributary 3 330 feet upstream from confluence with Pine Creek Tributary 4 +296 +301 City of Prattville. 2095 feet upstream from confluence with Pine Creek Tributary 4 +300 +313 Tributary 4 15 feet upstream from confluence with Pine Creek Tributary 3 +296 +297 City of Prattville. 1240 feet upstream from confluence with Pine Creek Tributary 3 +302 +310 Rogers Branch 290 feet upstream from confluence with Noland Creek None +249 City of Prattville. 7600 feet upstream from confluence with Noland Creek None +393 Swift Creek 6510 feet upstream from Highway 14 W None +155 Town of Autaugaville. 7370 feet upstream from Highway 14 W None +157 White Water Creek 2150 feet upstream from Highway 14 W None +157 Town of Autaugaville. 3720 feet upstream from Highway 14 W None +162 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Prattville Maps are available for inspection at 101 West Main Street, Prattville, AL 36067. Town of Autaugaville Maps are available for inspection at 109 North Taylor Street, Autaugaville, AL 36003. Unincorporated Areas of Autauga County Maps are available for inspection at 134 N. Court Street, Room 106, Prattville, AL 36067. Jackson County, Alabama, and Incorporated Areas Bengis Creek Tributary 1180 feet upstream from County Route 85 None +614 City of Stevenson. 1195 feet upstream from County Route 85 None +614 Crow Creek 240 feet upstream from John T Reid Parkway None +607 City of Stevenson. 790 feet upstream from County Route 53 None +610 Dry Creek 2300 feet upstream from Snodgrass Road None +608 Unincorporated Areas of Jackson County. 25 feet downstream from Southern Railway None +622 Guntersville Lake 8810 feet upstream from Goosepond Drive None +598 City of Scottsboro. 4900 feet downstream from Goosepond Drive None +598 Little Paint Creek 80 feet downstream from County Route 108 +590 +589 Unincorporated Areas of Jackson County. 50 feet upstream from County Route 108 None +591 Tennessee River 1300 feet downstream from Railroad None +612 City of Bridgeport. 6020 feet downstream from Railroad None +612 Town Creek 4310 feet upstream from County Route 33 None +605 Unincorporated Areas of Jackson County. 4320 feet upstream from County Route 33 None +605 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Bridgeport Maps are available for inspection at 116 Jim Thomas Avenue, Bridgeport, AL 35740. City of Scottsboro Maps are available for inspection at 916 S. Broad Street, Scottsboro, AL 35768. City of Stevenson Maps are available for inspection at 104 Kentucky Avenue, Stevenson, AL 35772. Unincorporated Areas of Jackson County Maps are available for inspection at 102 E. Laurel Street, Suite 47, Scottsboro, AL 35768. Tulsa County, Oklahoma, and Incorporated Areas Anderson Creek Approximately 480 ft upstream of confluence with Fisher Creek +659 +656 City of Sand Springs, Unincorporated Areas of Tulsa County. Approximately 2480 Feet upstream of confluence with Anderson Creek Tributary +744 +746 Tributary Confluence with Anderson Creek +738 +737 City of Sand Springs, Unincorporated Areas of Tulsa County. Approximately 1780 ft upstream of S 153rd Ave W None +787 Tributary A-1 Confluence with Anderson Creek Tributary None +773 Unincorporated Areas of Tulsa County. Approximately 1285 ft upstream of confluence with Anderson Creek Tributary None +785 Arkansas River Approximately 7000 ft downstream of S 185th Ave E and E 161st St intersection (Wagoner County line) +581 +582 Unincorporated Areas of Tulsa County, City of Jenks, City of Sand Springs, City of Tulsa, Town of Bixby. Keystone Dam +665 +666 Ator Tributary Confluence with Bird Creek None +600 City of Owasso. Intersection with E 4th St. +600 +603 Berryhill Creek Confluence with Arkansas River +641 +642 City of Sand Springs, Unincorporated Areas of Tulsa County. Approximately 5995 ft upstream of S 65th Ave W +709 +714 Tributary Confluence with Berryhill Creek +665 +666 Unincorporated Areas of Tulsa County. Approximately 180 ft upstream of W 41st St +701 +704 Bigheart Creek Confluence with Arkansas River +643 +644 Unincorporated Areas of Tulsa County. Approximately 2000 ft upstream of W Cameron St +675 +674 Bird Creek Tributary 5A Confluence with Bird Creek +590 +591 City of Owasso. Approximately 3300 ft upstream of N 123rd Ave E +654 +653 Blackjack Creek Confluence with Horsepen Creek +601 +603 City of Owasso. Approximately 400 ft upstream of E 116th St N None +682 Tributary A Confluence with Blackjack Creek +614 +613 City of Collinsville, Unincorporated Areas of Tulsa County. Intersection with 19th St. +645 +644 Charley Creek Confluence with Bird Creek +616 +617 Unincorporated Areas of Tulsa County. Approximately 1020 ft upstream of N Yale Ave None +638 Cherokee School Creek Confluence with Bird Creek None +606 Unincorporated Areas of Tulsa County. Approximately 2900 ft upstream of E 66th St N None +616 Cherry Creek (North Tulsa) Confluence with Horsepen Creek +609 +610 Unincorporated Areas of Tulsa County. Approximately 330 ft upstream of E 126th St N None +681 Cherry Creek (West Tulsa) Confluence with Arkansas River +625 +624 Unincorporated Areas of Tulsa County, City of Tulsa. Approximately 2200 ft upstream of W 21st St None +643 Tributary Confluence with Cherry Creek (North Tulsa) None +661 Unincorporated Areas of Tulsa County. Approximately 5800 ft upstream of E 136th St N None +687 Coal Creek (West Tulsa) Confluence with Polecat Creek +625 +624 City of Jenks, Unincorporated Areas of Tulsa County. Approximately 4145 feet upstream of W 151st St. intersection +711 +712 Tributary A Confluence with Coal Creek +644 +646 City of Glenpool. Approximately 360 ft downstream of S Elwood Ave None +673 Tributary B Confluence with Coal Creek (West Tulsa) +644 +645 City of Glenpool, Unincorporated Areas of Tulsa County. Intersection with E 131st Street +697 +698 Country Estates Creek Confluence with Blackjack Creek +637 +643 Unincorporated Areas of Tulsa County. Approximately 700 ft downstream of E 121st St N None +666 Duck Creek Confluence with Snake Creek +608 +606 Unincorporated Areas of Tulsa County. Approximately 9100 ft upstream of U.S. 75 +683 +684 Tributary Confluence with Duck Creek +661 +662 Unincorporated Areas of Tulsa County. Approximately 10,000 ft upstream of U.S. 75 +685 +686 East Creek Approximately 2780 ft downstream of E 146 St N +601 +600 Unincorporated Areas of Tulsa County. Approximately 50 ft downstream of E 126th St N +665 +664 Euchee Creek Tributary 1 Confluence with Euchee Creek None +688 City of Sand Springs. Approximately 170 ft upstream of confluence with Euchee Creek None +691 Tributary 2 Confluence with Euchee Creek None +689 Unincorporated Areas of Tulsa County. Approximately 2000 ft upstream of confluence with Euchee Creek None +690 Fisher Creek Confluence with Arkansas River +649 +650 Unincorporated Areas of Tulsa County. Approximately 4100 ft upstream of W 41st St None +795 Fisher Creek Overflow Confluence with Arkansas River None +651 City of Sand Springs, Unincorporated Areas of Tulsa County. Approximately 2600 ft upstream of S 145th Ave W None +656 Fisher Creek Tributary Confluence with Fisher Creek None +701 Unincorporated Areas of Tulsa County. Approximately 1200 ft upstream of S 157th Ave W None +775 Fox Meadow Tributary Confluence with Blackjack Creek None +657 Unincorporated Areas of Tulsa County. Approximately 1400 ft upstream of E 120th St N None +676 Franklin Creek (Formerly Arkansas River Tributary at Sand Springs Confluence with Arkansas River +650 +651 City of Sand Springs, Unincorporated Areas of Tulsa County. Approximately 5,770 ft upstream of intersection with W 12th St None +750 Fred Creek Confluence with Arkansas River +618 +615 City of Tulsa. 617 ft upstream of E 71st St. +706 +705 Fry Ditch No. 1 Tributary Confluence with Fry Ditch No. 1 None +606 Town of Bixby. Approximately 620 ft upstream of E 119th St None +616 Fry Ditch No. 2 Confluence with Arkansas River +604 +605 Town of Bixby. Approximately 522 ft upstream of E 86th St +726 +727 Fry Ditch No. 2 Tributary Confluence with Fry Ditch No. 2 None +622 Town of Bixby. Approximately 60 ft downstream of E Greens Ave None +632 Hager Creek Confluence with Polecat Creek +625 +623 City of Jenks. Approximately 85 feet downstream of S Elwood intersection +628 +629 Harlow Creek Overflow Approximately 240 ft upstream of S 41st Ave W None +640 Unincorporated Areas of Tulsa County, City of Tulsa. Approximately 1970 ft upstream of S 57th Ave W None +644 Horsepen Creek Approximately 3970 feet downstream of 137th St. (county line) +600 +601 City of Collinsville. Approximately 2400 feet upstream of N Sheridan Rd None +661 North Tributary 1 Confluence with Horsepen Creek None +625 Unincorporated Areas of Tulsa County. Approximately 1600 ft upstream of N Memorial Dr None +642 North Tributary 2 Confluence with Horsepen Creek None +634 Unincorporated Areas of Tulsa County. Approximately 7100 ft upstream of E 166th St N None +678 North Tributary 3 Confluence with Horsepen Creek None +637 Unincorporated Areas of Tulsa County. Approximately 4300 ft downstream of N Highway 75 None +657 Horsepen Creek Tributary B Confluence with Horsepen Creek None +642 Unincorporated Areas of Tulsa County. Approximately 370 ft upstream of confluence with Horsepen Creek Tributary B None +644 Confluence with Horsepen Creek Tributary B None +643 Unincorporated Areas of Tulsa County. Approximately 2800 ft upstream of confluence witih Horsepen Creek Tributary B None +650 Tributary C Confluence with Horcepen Creek None +646 City of Collinsville, Unincorporated Areas of Tulsa County. Approximately 750 ft upstream of E State Highway 20 None +653 Horsepin Creek Confluence with South Fork Horse Creek +633 +634 Town of Skiatook. Approximately 3100 ft upstream of E Cherokee St +638 +637 Joe Creek Confluence with Arkansas River +619 +616 City of Tulsa. Confluence with East and West Branches of Joe Creek +662 +660 Little Sand Creek Confluence with Arkansas River +662 +663 Unincorporated Areas of Tulsa County. Approximately 4680 ft upstream of W 8th St +749 +751 Lower Fred Creek Confluence with Arkansas River +616 +614 City of Tulsa. Approximately 324 ft upstream of E 86th St +621 +618 Mooser Creek Confluence with Arkansas River +625 +624 City of Tulsa. Approximately 314 ft downstream of W 57th St +714 +713 Neckel Creek Confluence with Polecat Creek +629 +630 City of Tulsa. Approximately 950 ft upstream of W 91st St +635 +636 Nichols Creek Confluence with Coal Creek (West Tulsa) +684 +681 City of Glenpool. 2,180 Feet downstream from W 141st Street (County Boundary) +756 +755 Panther Creek Confluence with Charley Creek +621 +624 Unincorporated Areas of Tulsa County. Approximately 2100 ft upstream of N Yale Ave None +639 Polecat Creek Confluence with Arkansas River +612 +610 City of Jenks, Unincorporated Areas of Tulsa County. Intersection with S 33rd Ave +633 +634 Posey Creek Confluence with Arkansas River +605 +606 City of Glenpool. Approximately 52 feet upstream of E 151st Street +702 +703 North Tributary 1 Confluence with Posey Creek +629 +630 Unincorporated Areas of Tulsa County. Approximately 130 ft downstream of S 7th St +711 +712 South Tributary 1 Confluence with Posey Creek +612 +610 Unincorporated Areas of Tulsa County, Town of Bixby. Approximately 2700 ft upstream of E 151st St None +668 South Tributary 2 Confluence with Posey Creek None +624 Unincorporated Areas of Tulsa County, Town of Bixby. Approximately 540 ft upstream of S Harvard Ave None +662 Prattville Creek Confluence with Arkansas River +650 +649 City of Sand Springs. Approximately 930 Ft upstream of S 112th Ave W None +739 Tributary 1 Confluence with Prattville Creek None +667 City of Sand Springs. Approximately 780 ft upstream of confluence with Prattville Creek None +671 Tributary 2 Confluence with Prattville Creek None +693 City of Tulsa. Approximately 260 ft downstream of S Whispering Creek Dr None +701 Tributary 3 Confluence with Prattville Creek None +712 City of Sand Springs. Approximately 1350 ft downstream of S Linwood Dr None +725 Tributary 4 Confluence with Prattville Creek None +728 City of Sand Springs. Approximately 260 ft upstream of confluence with Prattville Creek None +730 Ranch Creek Confluence with Bird Creek +591 +592 Unincorporated Areas of Tulsa County. Approximately 1070 ft upstream of E 116th St N None +659 Ranch Creek Tributary Confluence with Ranch Creek +591 +592 Unincorporated Areas of Tulsa County. Approximately 1100 ft upstream of N Sheridan Rd None +669 Tributary A Confluence with Ranch Creek +591 +592 City of Owasso. Intersection with N Garnett Rd +677 +674 Tributary B Confluence with Ranch Creek +607 +608 City of Owasso, Unincorporated Areas of Tulsa County. Approximately 50 ft downstream of E 106th St +649 +650 Redfork Creek Conflucence with Arkansas River +646 +647 City of Sand Springs, Unincorporated Areas of Tulsa County. Approximately 1680 ft upstream of E 41st St +646 +647 Tributary 1 Confluence with Redfork Creek None +696 City of Sand Springs. Approximately 1500 ft upstream of confluence with Redfork Creek None +722 Tributary 2 Confluence with Redfork Creek None +715 City of Sand Springs. Approximately 775 ft upstream of confluence with Redfork Creek None +744 Remington Tributary Confluence with Blackjack Creek None +650 Unincorporated Areas of Tulsa County. Approximately 250 ft upstream of E 122nd St N None +653 Rolling Meadows Creek Confluence with Coal Creek (West Tulsa) +694 +691 City of Glenpool, Unincorporated Areas of Tulsa County. Approximately 1480 ft. upstream of S 26th Ave. W. Intersection +738 +740 Sand Creek Confluence with Arkansas River +660 +659 City of Sand Springs. Intersection with Archer St +723 +722 Sand Springs Lake Tributary Confluence with West Bigheart Creek +663 +661 City of Sand Springs. Approximately 1,460 ft upstream of Old North RD E None +773 Sawgrass Tributary Confluence with Ranch Creek Tributary B None +647 City of Owasso. Approximately 850 ft upstream of confluence with Ranch Creek Tributary B None +654 Shady Grove Creek Confluence with Harlow Creek +659 +658 Unincorporated Areas of Tulsa County. Approximately 3235 ft upstream of U.S. 64 +665 +664 Skunk Creek Confluence with Bird Creek None +636 Unincorporated Areas of Tulsa County. Approximately 1450 ft upstream of N Lewis Ave None +667 Snake Creek Confluence with Arkansas River +597 +598 Unincorporated Areas of Tulsa County. Approximately 10,900 ft upstream of 201st St +614 +613 Snake Creek Tributary Confluence with Snake Creek +597 +598 Unincorporated Areas of Tulsa County. Approximately 1381 ft upstream of E 181st St +604 +603 Three Lakes Tributary Confluence with Bird Creek Tributary 5A None +603 City of Owasso. Approximately 320 ft downstream of E 83rd St. N None +604 Vensel Creek Confluence with Arkansas River +611 +610 City of Tulsa. Approximately 49 ft downstream of E 82nd St +691 +690 Vensel Creek South Confluence with Arkansas River +611 +610 City of Tulsa. Approximately 39 ft downstream of E 101st St +617 +616 West Bigheart Creek Confluence with Bigheart Creek +649 +650 City of Sand Springs. Approximately 2300 ft upstream of E Old North Rd +720 +721 White Church Creek Confluence with Haikey Creek +607 +605 Unincorporated Areas of Tulsa County. Approximately 218 ft upstream of E 111th St +679 +680 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Collinsville Maps are available for inspection at 106 N. 12th St., Collinsville, OK 74021. City of Glenpool Maps are available for inspection at 14522 Broadway, Glenpool, OK 74033. City of Jenks Maps are available for inspection at 2111 N. Elm St., Jenks, OK 74037. City of Owasso Maps are available for inspection at 207 South Cedar St., Owasso, OK 74055. City of Sand Springs Maps are available for inspection at 216 North Lincoln, Sand Springs, OK 74063. City of Tulsa Maps are available for inspection at 2317 South Jackson, ste. 302, Tulsa, OK 74103. Town of Bixby Maps are available for inspection at 116 West Needles St., Bixby, OK 74008. Town of Skiatook Maps are available for inspection at 100 North Broadway, Skiatook, OK 74070. Unincorporated Areas of Tulsa County Maps are available for inspection at 633 W. 3rd. Ste 140, Tulsa, OK 74127. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: October 29, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-21595 Filed 11-1-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7746] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1 percent annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice 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 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 January 31, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are 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-7746, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov . 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 are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these 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. Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq. , and do not fall under the APA. 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation ** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected Montezuma County, Colorado, and Incorporated Areas Carpenter Wash Downstream Study Limit—Cortez Corporate Boundary/North Broadway None +6034 City of Cortez. Upstream Study Limit—500 Feet Upstream (Southwest) of Empire Street None +6162 Denny Lake Downstream Study Limit—Cortez Corporate Boundary/Hawkins Street None +6120 City of Cortez. Upstream Study Limit—Empire Street None +6134 Dolores River Downstream Study Limit—2nd Street/Dolores Corporate Boundary None +6932 Town of Dolores, Unincorporated Areas of Montezema County. Upstream Study Limit—Breanna Lane/Dolores Corporate Boundary None +6962 Downstream Study Limit—Confluence With Lost Canyon Creek None +6930 Unincorporated Areas of Montezuma County, Town of Dolores. Upstream Study Limit—Montezuma/Dolores County Line None +8446 Glade Draw Downstream Study Limit—1600 Feet Upstream (North) of McElmo Creek None +5970 City of Cortez. Upstream Study Limit—200 Feet Upstream (North) of 7th Street None +6139 Industrial Wash Downstream Study Limit—Confluence With Carpenter Wash None +6046 City of Cortez. Upstream Study Limit—Cortez Corporate Boundary None +6055 Lower Cornett Draw Downstream Study Limit—Confluence With Carpenter Wash None +6074 City of Cortez. Upstream Study Limit—Cortez Corporate Boundary None +6117 Mancos River—Lower Reach Downstream Study Limit—Confluence with Chicken Creek None +6816 Unincorporated Areas of Montezuma County, Town of Mancos. Upstream Study Limit—7200 Feet Upstream of Confluence With Chicken Creek/FEMA Cross Section N None +6920 Mancos River—Upper Reach Downstream Study Limit—200 Feet Upstream of Business 160 and Montezuma Street None +7054 Unincorporated Areas of Montezuma County, Town of Mancos. Upstream Study Limit—700 Feet Upstream of Highway 160 None +7116 South Central Downstream Study Limit—700 Feet Upstream (North) of McElmo Creek None +6021 City of Cortez. Upstream Study Limit—200 Feet Downstream (South) of 4th Street None +6143 Walmart Tributary Downstream Study Limit—1200 Feet Upstream (Northeast) of McElmo Creek None +6068 City of Cortez, Unincorporated Areas of Montezema County. Upstream Study Limit—100 Feet Downstream (South) of Main Street None +6140 West Dolores River Downstream Study Limit—Confluence with Dolores River. None +7366 Unincorporated Areas of Montezema County Upstream Study Limit—Montezuma/Dolores County Line None +7546 West South Central Downstream Study Limit—Confluence with South Central None +6046 City of Cortez, Unincorporated Areas of Montezema County. Upstream Study Limit—7th Street None +6134 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Cortez Maps are available for inspection at City Hall, 210 E. Main Street, Cortez, CO 81321. Town of Dolores Maps are available for inspection at Town Hall, 420 Central Avenue, Dolores, CO 81321. Town of Mancos Maps are available for inspection at Town Hall, 117 North Main Street, Mancos, CO 81328. Unincorporated Areas of Montezuma County Maps are available for inspection at County Courthouse, 109 West Main Street, Cortez, CO 81321. Middlesex County, Connecticut, and Incorporated Areas Carr Brook From confluence with Connecticut River +24 +25 Town of Portland. To approximately 1,130 feet upstream from Strickland Road +24 +25 Tributary A From confluence with Carr Brook +24 +25 Town of Portland. To approximately 0.45 mile upstream of Bartlett Street +24 +25 Chestnut Brook From mouth at Mattabesset River +22 +23 Town of Cromwell. To approximately 40 feet upstream of Route 9 +22 +23 Coginchaug River At confluence with Mattabesset River +22 +23 City of Middletown. Approximately 450 feet upstream of State Route 66 (Washington Street) +22 +23 Coles Road Brook From mouth at Mattabesset River +22 +23 Town of Cromwell. To approximately 26 feet downstream of Route 372 +22 +23 Connecticut River Approximately 1.17 miles downstream of confluence of Clark Creek +10 +11 Town of Cromwell, City of Middletown, Town of East Haddam, Town of East Hampton, Town of Haddam, Town of Portland. Approximately 0.59 mile upstream of confluence of Hales Brook +24 +25 Cromwell Creek From confluence with Connecticut River +22 +24 Town of Cromwell. To approximately 1,300 feet upstream of South Street +23 +24 East Swamp Brook At confluence with Swamp Brook +22 +23 City of Middletown. Approximately 350 feet upstream of Tiger Lane +22 +23 Hales Brook From confluence with Connecticut River +24 +25 Town of Portland. To approximately 0.76 mile upstream of confluence +24 +25 Mattabesset River At confluence with Connecticut River +22 +23 City of Middletown, Town of Cromwell. Approximately 500 feet downstream of Berlin Road +22 +23 Mill Creek At confluence with Connecticut River +13 +15 Town of Haddam. Approximately 1,200 feet upstream of Route 9A +14 +15 Miner Brook At confluence with Mattabesset River +22 +23 City of Middletown. Moodus River At confluence with Salmon River +11 +14 Town of East Haddam. At downstream side of Johnsonville Road +11 +14 Ponset Brook At confluence with Connecticut River +16 +17 Town of Haddam. Approximately 0.40 mile upstream of confluence with Connecticut River +16 +17 Reservoir Brook From confluence with Connecticut River +24 +25 Town of Portland. To approximately 25 feet downstream of Route 17 +24 +25 Salmon River At confluence with Connecticut River +11 +14 Town of Haddam, Town of East Haddam. At downstream side of Leesville Dam +11 +14 Sawmill Brook At confluence with Mattabesset River +22 +23 City of Middletown. Approximately 1,270 feet upstream of confluence with Mattabesset River +22 +23 Shunpike Creek Mouth at Mattabesset River +22 +23 Town of Cromwell. To approximately 0.26 mile upstream of mouth at Mattabesset River +22 +23 Succor Brook At confluence with Connecticut River +10 +12 Town of East Haddam. Approximately 125 feet upstream of Lumber Yard Road +11 +12 Sumner Brook At confluence with Connecticut River +22 +23 City of Middletown. At upstream side of State Routes 9 and 17 culvert +22 +23 Swamp Brook At confluence with Mattabesset River +22 +23 City of Middletown. At confluence of East Swamp and West Swamp Brooks +22 +23 West Swamp Brook At upstream side of Kaplan Drive +22 +23 City of Middletown. At confluence with Swamp Brook +22 +23 Willow Brook From mouth at Mattabesset River +22 +23 Town of Cromwell. To East View Drive +22 +23 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Middletown Maps are available for inspection at City of Middletown Planner's Office, 245 deKoven Drive, Middletown, CT. Town of Cromwell Maps are available for inspection at Town of Cromwell Planner's Office, 41 West Street, Cromwell, CT. Town of East Haddam Maps are available for inspection at Town of East Haddam Planner's Office, 7 Main Street, East Haddam, CT. Town of East Hampton Maps are available for inspection at Town of East Hampton Planning Administrator's Office, 20 East High Street, East Hampton, CT. Town of Haddam Maps are available for inspection at Town of Haddam Engineer's Office, 30 Field Park Drive, Haddam, CT. Town of Portland Maps are available for inspection at Town of Portland Planner's Office, 33 East Main Street, Portland, CT. Gadsden County, Florida, and Incorporated Areas Holley Branch Approximately 2,500 feet upstream of the confluence with Ochlockonee River None +86 Unincorporated Areas of Gadsden County, City of Midway. Approximately 4,300 feet upstream of Dupont Road None +123 Holley Branch Unnamed Tributary At the confluence with Holley Branch None +91 Unincorporated Areas of Gadsden County, City of Midway. Approximately 4,400 feet upstream of the confluence with Holley Branch None +101 Lake Talquin (Unnamed Tributary) Approximately 1,100 feet upstream of the confluence with Lake Talquin None +75 Unincorporated Areas of Gadsden County. Approximately 1.8 miles upstream of the confluence with Lake Talquin None +120 Monroe Creek Approximately 1,400 feet upstream of the confluence with Little River None +86 Unincorporated Areas of Gadsden County, City of Midway. Approximately 800 feet upstream of U.S. Highway 90 None +139 Mosquito Creek Unnamed Tributary Just upstream of Martin Luther King Jr. Boulevard None +77 City of Chattahoochee. Just downstream of East River Road None +103 Ochlockonee River Unnamed Tributary Approximately 4,200 feet upstream of the confluence with Ochlockonee River None +100 Unincorporated Areas of Gadsden County. Approximately 1.6 miles upstream of the confluence of Unnamed Tributary to Ochlockonee River Unnamed Tributary None +156 South Mosquito Creek Approximately 1,670 feet upstream of the confluence with Mosquito Creek (just upstream of the Gadsden County/City of Chattahoochee corporate limit) None +81 Unincorporated Areas of Gadsden County. Approximately 2,400 feet upstream of the confluence with South Mosquito Creek Unnamed Tributary None +81 South Mosquito Creek Unnamed Tributary Approximately 200 feet upstream of the confluence with South Mosquito Creek None +81 Unincorporated Areas of Gadsden County, City of Chattahoochee. Approximately 4,100 feet upstream of Depot Road None +118 Tanyard Branch Approximately 1,200 feet upstream of the confluence with Quincy Creek None +118 Unincorporated Areas of Gadsden County, City of Quincy. Approximately 180 feet upstream of Seventh Street None +182 Unnamed Tributary 1 At the confluence with Tanyard Branch None +130 City of Quincy. Approximately 150 feet upstream of Circle Drive None +162 Unnamed Tributary 2 At the confluence with Tanyard Branch None +131 Unincorporated Areas of Gadsden County, City of Quincy. Approximately 4,500 feet upstream of the confluence with Tanyard Branch None +146 Unnamed Tributary to Ochlockonee River Unnamed Tributary At the confluence with Ochlockonee River Unnamed Tributary None +130 Unincorporated Areas of Gadsden County, Town of Havana. Approximately 2,350 feet upstream of State Highway 12 None +152 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Chattahoochee Maps are available for inspection at Chattahoochee City Hall, 22 Jefferson Street, Chattahoochee, FL. City of Midway Maps are available for inspection at Midway City Hall, 50 Martin Luther King Boulevard, Midway, FL. City of Quincy Maps are available for inspection at Quincy City Hall, 404 West Jefferson Street, Quincy, FL. Town of Havana Maps are available for inspection at Havana Town Hall, 711 North Main Street, Havana, FL. Unincorporated Areas of Gadsden County Maps are available for inspection at Gadsden County Administration Building, 5B East Jefferson Street, Quincy, FL. Hillsborough County, Florida, and Incorporated Areas Backwater from Cypress Creek Approximately 900 feet southwest of the intersection of Clubhouse Drive and Kings Boulevard None +30 Unincorporated Areas of Hillsborough County. Ponding Area Approximately 400 feet northwest of the intersection of Ojai Avenue and Hacienda Drive None +53.8 Unincorporated Areas of Hillsborough County. Approximately 400 feet northwest of the intersection of Kings Green Drive and Vilmont Greens Drive None +19.1 Unincorporated Areas of Hillsborough County. Approximately 200 feet east of the intersection of 36th Street and Myrtle Tree Lane None +29.1 Unincorporated Areas of Hillsborough County. Approximately 100 feet east of the intersection of Vilmont Greens Drive and Kensington Greens Drive None +29.9 Unincorporated Areas of Hillsborough County. Approximately 370 feet northeast of the intersection of Radison Avenue and Radison Lake Court None +35.6 Unincorporated Areas of Hillsborough County. Approximately 500 feet northeast of the intersection of Kings Boulevard and McDaniel Street None +35.6 Unincorporated Areas of Hillsborough County. Approximately 400 feet southeast of the intersection of Olive Branch Drive and Oxford Park Drive None +36.5 Unincorporated Areas of Hillsborough County. Approximately 500 feet southeast of the intersection of Vista Greens Drive and New Point Loop None +37.8 Unincorporated Areas of Hillsborough County. Approximately 1,600 feet east of the intersection of Vista Greens Drive and New Point Loop None +33 Unincorporated Areas of Hillsborough County. Approximately 600 feet southwest of the intersection of Chipper Drive and Pebble Beach Boulevard None +59.1 Unincorporated Areas of Hillsborough County. Approximately 600 feet southwest of the intersection of Council Drive and Pebble Beach Boulevard None +51.4 Unincorporated Areas of Hillsborough County. Approximately 300 feet southwest of the intersection of Foxhunt Drive and Finsbury Circle None +34 Unincorporated Areas of Hillsborough County. Approximately 300 feet southwest of the intersection of Foxhunt Drive and Foxglove Circle None +31 Unincorporated Areas of Hillsborough County. Approximately 800 feet southeast of the intersection of Nebraska Avenue and 139th Avenue None +44.7 Unincorporated Areas of Hillsborough County. Approximately 1,300 feet southeast of the intersection of Nebraska Avenue and 139th Avenue None +39.3 Unincorporated Areas of Hillsborough County. Approximately 300 feet northeast of the intersection of Lucerne Drive and 143rd Avenue None +43.4 Unincorporated Areas of Hillsborough County. Approximately 200 feet northeast of the intersection of Skipper Road and 16th Street None +43.8 Unincorporated Areas of Hillsborough County. Approximately 800 feet northwest of the intersection of Ojai Avenue and El Rancho Drive None +52.7 Unincorporated Areas of Hillsborough County. Approximately 500 feet southeast of the intersection of Emerald Lake Drive and Del Webb Boulevard None +42.7 Unincorporated Areas of Hillsborough County. Approximately 400 feet south of the intersection of Foxhunt Drive and Finsbury Circle None +37 Unincorporated Areas of Hillsborough County. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESS Unincorporated Areas of Hillsborough County Maps are available for inspection at Hillsborough County Department of Planning and Growth Management, 5701 East Hillsborough Avenue, Suite 1140, Tampa, FL. Leon County, Florida, and Incorporated Areas Northeast Drainage Ditch Tributary 1 Approximately 200 feet upstream of the confluence of Northeast Drainage Ditch +90 +91 City of Tallahassee. Just downstream of Lonnbladh Road +90 +95 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESS City of Tallahassee Maps are available for inspection at Tallahassee City Hall, 300 South Adams Street, Tallahassee, FL. Taylor County, Florida, and Incorporated Areas Aucilla River At U.S. Highway 98 None +10 Unincorporated Areas of Taylor County. At the Taylor/Madison County boundary None +45 Pimple Creek. At the confluence with Spring Creek +36 +37 City of Perry. Approximately 400 feet downstream of Cherry Street +42 +41 Pimple Creek East Branch Just upstream of Johnson Stripling Road +43 +44 City of Perry. Approximately 1,000 feet upstream of Johnson Stripling Road +43 +44 Rocky Creek At the confluence with Spring Street None +26 Unincorporated Areas of Taylor County. Approximately 1,300 feet upstream of U.S. Highway 221 None +56 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Perry Maps are available for inspection at Perry City Hall, 224 South Jefferson Street, Perry, FL. Unincorporated Areas of Taylor County Maps are available for inspection at Taylor County Building/Planning Department, 201 East Green Street, Perry, FL. Union County, Florida, and Incorporated Areas Santa Fe River Unnamed Tributary Approximately 2,000 feet upstream of the confluence with the Santa Fe River None +73 Town of Worthington Springs, Unincorporated Areas of Union County. Approximately 1,940 feet upstream of Southwest 43rd Trail None +113 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Worthington Springs Maps are available for inspection at Worthington Springs City Hall, State Road 121 3rd Avenue, Worthington Springs, FL. Unincorporated Areas of Union County Maps are available for inspection at Union County Office of Emergency Management, 58 Northwest 1st Street, Lake Butler, FL. Haralson County, Georgia, and Incorporated Areas Cochran Creek Approximately 950 feet downstream from Dallas Road None +1157 Unincorporated Areas of Haralson County, City of Buchanan. Approximately 750 feet upstream from Moore Street None +1199 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Buchanan Maps are available for inspection at 4300 Highway 120, Buchanan, GA 30113. Unincorporated Areas of Haralson County Maps are available for inspection at 155 Van Wert Street, Buchanan, GA 30113. Bourbon County, Kansas, and Incorporated Areas Marmaton River At the confluence of Mill Creek +800 +801 Unincorporated Areas of Bourbon County. Approximately 500 feet upstream of Sterwarts Dam +804 +805 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESS Unincorporated Areas of Bourbon County Maps are available for inspection at 210 South National Avenue, Fort Scott, KS 66701. Erie County, New York, and Incorporated Areas Buffalo River At the confluence with Lake Erie +580 +581 City of Buffalo. A point located approximately 200 feet upstream from the Railroad bridge +580 +581 Cazenovia Creek At a point approximately 175 feet upstream of Bailey Road +585 +584 City of Buffalo. At a point approximately 830 feet upstream from the Golf Course Bridge +598 +597 Ellicott Creek At a point approximately 1,070 feet upstream from the confluence of Ellicott Creek North Diversion Channel +573 +574 Town of Amherst, Village of Williamsville. A point located approximately 230 feet downstream of Interstate 90 +684 +683 Ellicott Creek North Diversion Channel At a point located approximately 1,190 feet upstream of North Ellicott Creek Road +573 +574 Town of Amherst. At the upstream confluence with Ellicott Creek +575 +577 Ellicott Creek Pfohl Park Diversion Channel At the downstream confluence with Ellicott Creek +575 +577 Town of Amherst. At the upstream confluence with Ellicott Creek +576 +577 Lake Erie Entire shoreline +580 +581 City of Buffalo. Ransom Creek A point located approximately 5 feet upstream of Glen Oakes Drive +581 +582 Town of Amherst, Town of Clarence. A point located approximately 120 feet upstream of Knauss Road None +652 Scajaquada Creek A point located on the upstream side of the Eastbound on-ramp to Interstate 190 +573 +578 City of Buffalo. At exiting of the Scajaquada Drain +608 +611 Spicer Creek A point located approximately 1,625 feet upstream of East River Road +570 +571 Town of Grand Island. A point located approximately 3,350 feet upstream of Harvey Road None +585 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Buffalo Maps are available for inspection at Buffalo City Hall, 65 Niagara Square, Buffalo, NY. Town of Amherst Maps are available for inspection at Amherst Town Hall, 5583 Main Street, Williamsville, NY. Town of Clarence Maps are available for inspection at Clarence Town Engineer's Office, 6221 Goodridge, Clarence, NY. Town of Grand Island Maps are available for inspection at Grand Island Town Hall, 2255 Baseline Road, Grand Island, NY. Village of Williamsville Maps are available for inspection at Williamsville Village Hall, 5565 Main Street, Williamsville, NY. Avery County, North Carolina, and Incorporated Areas Elk River At the North Carolina/Tennessee state boundary None +2693 Unincorporated Areas of Avery County, Town of Banner Elk. Approximately 0.5 mile downstream of Glove Factory Lane +3672 +3673 Tributary 1 At the North Carolina/Tennessee state boundary None +2772 Unincorporated Areas of Avery County. Approximately 0.7 mile upstream of North Carolina/Tennessee state boundary None +3198 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Banner Elk Maps are available for inspection at Banner Elk Town Hall, 200 Park Avenue, Banner Elk, NC Unincorporated Areas of Avery County Maps are available for inspection at Avery County Courthouse, 200 Montezuma Street, Newland, NC. Providence County, Rhode Island, and Incorporated Areas Blackstone River Just downstream of Exchange Street +33 +34 City of Central Falls, City of Pawtucket, City of Woonsocket, Town of Cumberland, Town of Lincoln, Town of North Smithfield. Approximately 2,100 feet upstream of the confluence of Slaterville River Branch +159 +158 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Central Falls Maps are available for inspection at City Hall, 580 Broad Street, Central Falls, RI 02863. City of Pawtucket Maps are available for inspection at City Hall, 137 Roosevelt Avenue, Pawtucket, RI 02860. City of Woonsocket Maps are available for inspection at City Hall, 169 Main Street, Woonsocket, RI 02895. Town of Cumberland Maps are available for inspection at Town Hall, 45 Broad Street, Cumberland, RI 02864. Town of Lincoln Maps are available for inspection at Town Hall, 100 Old River Road, Lincoln, RI 02865. Town of North Smithfield Maps are available for inspection at Town Hall, 575 Smithfield Road, North Smithfield, RI 02896. Rutland County, Vermont, and Incorporated Areas Clarendon River Approximately 1,700 feet upstream of confluence with Otter Creek +488 +487 Town of Rutland. At the confluence with Otter Creek +488 +487 Curtis Brook At the confluence with East Creek +664 +663 Town of Rutland. Approximately 500 feet upstream of confluence with East Creek +668 +667 East Creek At the confluence with Otter Creek +531 +532 City of Rutland, Town of Rutland. Approximately 1.07 miles upstream of East Pittsford Road +757 +752 Homer Stone Brook At the confluence with Otter Creek +633 +630 Town of Wallingford. Approximately 75 feet upstream of confluence with Otter Creek +633 +632 Lake St. Catherine (Little Lake) Entire shoreline within the Town of Poultney None +486 Town of Poultney. Moon Brook At the downstream side of Granger Street +534 +533 City of Rutland. Approximately 2,964 feet upstream of Sharon Drive +691 +699 Otter Creek At upstream side of Center Rutland Dam +516 +515 Town of Clarendon, City of Rutland, Town of Danby, Town of Rutland, Town of Wallingford. Approximately 1.09 miles upstream of confluence of Homer Stone Brook +643 +642 Roaring Brook At the confluence with Otter Creek +569 +567 Town of Wallingford. Approximately 165 feet upstream of confluence with Otter Creek +572 +571 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Rutland Maps are available for inspection at Rutland City Clerk's Office, 1 Strongs Avenue, Rutland, VT. Town of Clarendon Maps are available for inspection at Clarendon Town Hall, 279 Middle Road, North Clarendon, VT. Town of Danby Maps are available for inspection at Danby Town Hall, 130 Brook Road, Danby, VT. Town of Poultney Maps are available for inspection at Poultney Town Clerk's Office, 9 Main Street, Poultney, VT. Town of Rutland Maps are available for inspection at Rutland Town Clerk's Office, 181 Business Route 4, Center Rutland, VT. Town of Wallingford Maps are available for inspection at Wallingford Town Clerk's Office, 75 School Street, Wallingford, VT. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: October 30, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-21610 Filed 11-1-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7743] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1 percent annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice 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 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 January 31, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are 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-7743, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) bill.blanton@dhs.gov . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov . 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 are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these 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. Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq. , and do not fall under the APA. 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding Source(s) Location on Referenced Elevation* *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above ground Effective Modified Communities Affected Hartford County, Connecticut (All Jurisdictions) Connecticut River At confluence with Dividend Brook +28 +26 Town of East Hartford, Town of East Windsor, Town of Enfield, Town of Glastonbury, City of Hartford, Town of Rocky Hill, Town of South Windsor, Town of Suffield, Town of Wethersfield, Town of Windsor, Town of Windsor Locks. At Connecticut/Massachusetts state boundary +56 +57 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** 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 William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of East Hartford Maps are available for inspection at 740 Main Street, East Hartford, CT 06108. Town of East Windsor Maps are available for inspection at East Windsor Town Hall, 11 Rye Street, Broad Brook, CT 06016. Town of Enfield Maps are available for inspection at Enfield Town Engineer's Office, 820 Enfield Street, Enfield, CT 06082. Town of Glastonbury Maps are available for inspection at Town Hall, 2155 Main Street, Glastonbury, CT 06033. City of Hartford Maps are available for inspection at Department of Public Works, 525 Main Street, Hartford, CT 06103. Town of Rocky Hill Maps are available for inspection at 761 Old Main Street, Rocky Hill, CT 06067. Town of South Windsor Maps are available for inspection at South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, CT 06074. Town of Suffield Maps are available for inspection at Town Clerk's Office, 83 Mountain Road, Suffield, CT 06078. Town of Wethersfield Maps are available for inspection at 505 Dean Silas Highway, Wethersfield, CT 06109. Town of Windsor Maps are available for inspection at Windsor Town Hall, 275 Broad Street, Windsor, CT 06095. Town of Windsor Locks Maps are available for inspection at Windsor Locks Town Hall, 50 Church Street, Windsor Locks, CT 06096. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: October 29, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-21607 Filed 11-1-07; 8:45 am] BILLING CODE 9110-12-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 11 [EB Docket No. 04-296, FCC 07-109] Review of the Emergency Alert System AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. SUMMARY: In this document the Commission seeks comment on several issues relating to the Emergency Alert System (EAS), in order to ensure that EAS rules better protect the life and property of all Americans. Recognizing the need of all Americans to be alerted in the event of an emergency, the Commission seeks comment on those whose primary language is not English, and persons with disabilities, to determine how these communities might best be served by EAS. The Commission also seeks comment on whether emergency alerts transmitted by local authorities should be transmitted, and various ways that performance of EAS operation may be assessed. DATES: Written comments are due on or before December 3, 2007 and reply comments are due on or before December 17, 2007. ADDRESSES: You may submit comments, identified by EB Docket No. 04-296, by any of the identified methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments. • Mail: U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW., Washington, DC 20554. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone 202-418-0530 or TTY: 202-418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Thomas Beers, Policy Division, Public Safety and Homeland Security Bureau, (202) 418-1170, or TTY (202) 418-7233. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission's Further Notice of Proposed Rulemaking (FNPRM) in EB Docket No. 04-296, FCC 07-108, adopted on May 31, 2007, and released on July 12, 2007. Non-English Speakers 1. In the FNPRM, the Commission seeks comment on how non-English speakers may best be served by national, state and local EAS. In particular, we invite comment on how localities with non-English speakers should be identified. In which markets should special emergency alert rules apply? Should state and local EAS plans designate a “Local Primary Multilingual” station to transmit emergency information the relevant foreign language in local areas where a substantial proportion of the population has a fluency in a language other than English? How should we quantify the “substantial proportion”? Should at least one broadcast station in every market, or some subset of markets, be required to monitor and rebroadcast emergency information carried by a “Local Primary Multilingual” station. And, should stations that remain on the air during an emergency be required to broadcast emergency information in the relevant foreign language to the extent that the “Local Primary Multilingual” station loses transmission capability. What criteria should the originator of an EAS message use in determining which languages to require EAS Participants to transmit? Should more than two languages be transmitted in certain areas? We seek comments on the technical, economic, practical, and legal issues, including the Commission's authority, involved in making emergency information accessible to persons whose primary language is not English. We would especially welcome comments on state-level or other efforts designed to address these issues. We note, for example, that Florida has implemented a program to promote the provision of emergency information to non-English speakers in that state, and that California and Texas have addressed the issue in their EAS plans filed with this Commission. We direct the Public Safety and Homeland Security Bureau to convene a meeting—or series of meetings—as soon as possible concerning EAS as it relates to the needs of non-English speakers. The Bureau should thereafter submit into the record a progress report on these discussions within 30 days of the Order's release. Persons with Disabilities 2. In the FNPRM we reexamine the best way to make EAS and other emergency information accessible to persons with disabilities. We request comments on this subject, including, but not necessarily limited to the following key issues: (i) Presentation of the audio feed in text format, and vice-versa; (ii) making emergency information available to various devices commonly used by persons with disabilities; and (iii) providing emergency messages in multiple formats to meet the needs of persons with disabilities. We also seek comment on the interaction between our part 11 rules and section 79.2 of our rules. We welcome comments on the technical, economic, practical, and legal issues, including the Commission's authority, involved in making emergency information accessible to persons with disabilities. Other Local Official Alerts 3. Our action enables state governors (or their designees) to initiate state-level and geo-targeted alerts for mandatory transmission by EAS Participants. Since EAS activations to date have been overwhelmingly related to weather and state and local alerts, we seek comment on whether EAS Participants should be required to receive and transmit alerts initiated by government entities other than a state governor. Should local, county, tribal, or other state governmental entities be allowed to initiate mandatory state and local alerts? How should the Commission decide which public officials should be permitted to activate the alert? Should the expansion of mandatory state and local alerts be limited to certain types of alerts? We seek comment on whether the Commission should specify the types of emergency alerts that these local officials should be permitted to activate? Should only certain classes of EAS Participants be required to transmit such alerts by entities other than the governor? Does CAP allow for proper delivery of such alerts, or should such alerts be mandatory only in the context of Next Generation EAS? What other considerations should govern the appropriate use of a mandatory alerting process by entities other than a governor? We seek comment generally on how this type of requirement should be implemented. Assessing EAS Operation 4. We seek comment on several options for ensuring that EAS operates as designed in an emergency, including whether we should require: (i) Additional testing of the EAS, and specifically CAP; (ii) station certification of compliance; and (iii) assessments of EAS performance after an alert has been triggered. We will revisit the issue of performance standards if it appears that they are warranted. In particular, we seek comments on the technical, economic, practical, and legal issues involved. I. PROCEDURAL MATTERS A. Ex-Parte Rules—Permit-but-Disclose Proceeding 5. This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commision's ex parte rules. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and arguments presented is generally required. Other rules pertaining to oral and written presentations are set forth in section 1.1206(b) of the Commission's rules. B. Comment Dates 6. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using (1) the FCC's Electronic Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24,121 (1998). 7. Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. 8. For ECFS filers, if multiple dockets or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. 9. Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. 10. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. 11. The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. 12. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. 13. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW., Washington, DC 20554. 14. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). C. Paperwork Reduction Act 15. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). II. INITIAL REGULATORY FLEXIBILITY ANALYSIS 16. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this FNPRM . Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the first page of the FNPRM. The Commission will send a copy of the FNPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). In addition, the FNPRM and IRFA (or summaries thereof) will be published in the Federal Register . Need for, and Objectives of, the Proposed Rules 17. In the FNPRM, we seek comment on four areas where the EAS rules might be amended. Recognizing the need of all Americans to be alerted in the event of an emergency, the Commission invites comments first on non-English speakers and second on persons with disabilities to determine how these communities might best be served by EAS. Third, the Commission invites comment on whether emergency alerts transmitted by local authorities should be transmitted. Fourth, the Commission invites comment on various ways that the performance of EAS operations may be assessed. Legal Basis 18. Authority for the actions proposed in this FNPRM may be found in sections 1, 4(i), 4(o), 303(r), 403, 624(g) and 706 of the Communications Act of 1934, as amended, (Act) 47 U.S.C. 151, 154(i), 154(j), 154(o), 303(r), 544(g) and 606. Description and Estimate of the Number of Small Entities To Which Rules Will Apply 19. The RFA directs agencies to provide a description of, and, where feasible, an estimate of, the number of small entities that may be affected by the rules adopted herein. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A “small business concern” is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 20. There are potential reporting or recordkeeping requirements proposed in the FNPRM. For example, the Commission is considering whether to adopt performance standards and reporting obligations for EAS participants. The proposals set forth in the FNPRM are intended to advance our public safety mission and enhance the performance of the EAS while reducing regulatory burdens wherever possible. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered 21. The RFA requires an agency to describe any significant alternatives that it has considered in developing its approach, which may include the following four alternatives (among others): “(1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.” 22. The FNPRM seeks comment on how the Commission may better protect the lives and property of Americans. In commenting on this goal, commenters are invited to propose steps that the Commission may take to minimize any significant economic impact on small entities. When considering proposals made by other parties, commenters are invited to propose significant alternatives that serve the goals of these proposals. We expect that the record will develop to demonstrate significant alternatives. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules 23. None. III. ORDERING CLAUSES 24. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Further Notice of Proposed Rulemaking including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 07-5331 Filed 11-1-07; 8:45 am]