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Code · REGISTER · 2007-12-06 · Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 68884-68887 07-5949 07-5950 Agriculture Agriculture Departmen · Unknown

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55,853 words·~254 min read·/register/2007/12/06/07-5940

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-12-06.xml --- 72 234 Thursday, December 6, 2007 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 68884-68887 07-5949 07-5950 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Natural Resources Conservation Service Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:
Device and method for determining components of the Stokes Polarization Vector within radar signal, 68866 E7-23644 Linear Systems, 68866 E7-23645 Young, Shiqiong Susan, 68867 E7-23678 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 68887-68888 E7-23633 E7-23634 Centers Centers for Medicare & Medicaid Services NOTICES Medicaid: State plan amendments, reconsideration; hearings— New York, 68888-68889 E7-23734 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:
Assets for Independence Program; cancellation, 68889-68890 E7-23731 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Commodity Exchange Act: Credit default products; trading and clearing exemptions— ICE Clear U.S., Inc., 68862-68865 E7-23635 Defense Defense Department See Army Department See Navy Department NOTICES Privacy Act; systems of records, 68865-68866 E7-23666 Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 68899-68900 E7-23680 E7-23681 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Pesticide programs:
Plant-incorporated protectants; procedures and requirements— Bacillus thuringiensis Vip3Aa19 protein in cotton; tolerance requirement exemption, 68744-68748 E7-23660 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68879-68881 E7-23652 E7-23665 Meetings: National Environmental Education Advisory Council, 68881-68882 E7-23653 Executive Executive Office of the President See Presidential Documents Federal Accounting Federal Accounting Standards Advisory Board NOTICES Reports and guidance documents; availability, etc.:
Accounting for Federal oil and gas resources and reporting gains and losses from changes in assumption and selecting discount rates and valuation dates, 68882 07-5942 FAA Federal Aviation Administration PROPOSED RULES Air carrier certification and operations: Takeoff/Landing Performances Assessment Aviation Rulemaking Committee; establishment, 68763-68764 E7-23740 Airworthiness directives: Boeing, 68764-68766 E7-23639 Sikorsky Aircraft Corp., 68766-68768 E7-23604 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68947-68950 07-5956 07-5957 07-5958 07-5959 07-5960 07-5961 07-5962 Exemption petitions; summary and disposition, 68950-68952 E7-23698 E7-23699 E7-23700 Meetings:
Air Traffic Procedures Advisory Committee, 68952 E7-23692 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 68882-68883 E7-23582 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 68883 07-5977 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 68752-68756 E7-23689 National Flood Insurance Program: Communities eligible for sale, 68750-68752 E7-23716 Communities eligible for sale; suspension, 68748-68750 E7-23708 PROPOSED RULES Flood elevation determinations:
Nebraska, 68768-68769 E7-23701 Flood elevation determinations Various States, 68769-68784 E7-23696 Flood elevation determinations: Various States, 68784-68810 E7-23702 E7-23705 E7-23706 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68890-68891 E7-23661 E7-23662 E7-23663 E7-23664 Disaster and emergency areas: California, 68891-68892 E7-23694 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:
Denney, Ronald W. and Kathryn, 68877 E7-23623 Hydroelectric applications, 68877 E7-23625 Reports and guidance documents; availability, etc.: Hydrokinetic projects conditional licenses issuance; policy statement, 68877-68879 E7-23615 *Applications, hearings, determinations, etc.:* Bonneville Power Administration, 68870 E7-23629 California Water Resources Department et al., 68870-68871 E7-23622 CKB Petroleum, Inc., 68871 E7-23630 Consumers Energy Co., 68871-68872 E7-23624 DCP Midstream, LP, 68872 E7-23618 FC Energy Services Co., LLC, 68872-68873 E7-23620 Louisiana Public Service Commission et al., 68873 E7-23627 Northern Indiana Public Service Co., 68873 E7-23621 Smoky Hills Wind Farm, LLC, 68873-68874 E7-23628 Steckman Ridge, LP, 68874-68875 E7-23617 Transcontinental Gas Pipe Line Corp., 68875-68876 E7-23619 Transcontinental Gas Pipe Line Corp. et al., 68875 E7-23616 Western Area Power Administration, 68876-68877 E7-23626 E7-23631 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Formations, acquisitions, and mergers, 68883 E7-23647 Formations, acquisitions, and mergers; correction, 68883 E7-23649 Federal Transit Federal Transit Administration RULES National transit database uniform system of accounts and reporting system: Nonurbanized Area Formula Grant recipients; reporting requirements, etc., 68756-68762 E7-23565 NOTICES Reports and guidance documents; availability, etc.: National Transit Database— Rural Reporting Manual, 68952-68955 E7-23632 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:
Findings on petitions, etc.— Plant and animal species native to U.S.; candidate notice of review, 69034-69106 E7-23416 NOTICES Comprehensive conservation plans; availability, etc.: Banks Lake National Wildlife Refuge, GA, 68892-68893 E7-23643 Endangered and threatened species: Survival enhancement permits— Montana; black-footed ferret, 68893 E7-23642 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Legally marketed unapproved new animal drugs for minor species; index, 69108-69131 E7-23580 Food Food and Nutrition Service RULES Child nutrition programs:
Women, infants, and children special supplemental nutrition programs— Food packages; revisions, 68966-69032 E7-23033 Foreign Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 68900 07-5982 Forest Forest Service NOTICES Environmental statements; notice of intent: Chequamegon-Nicolet National Forest, WI, 68857 E7-23650 Meetings: Colorado Recreation Resource Advisory Committee, 68857 07-5933 Recreation fee areas: Rogue River-Siskiyou National Forest, OR; overnight rental fees, 68857-68858 E7-23648 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration NOTICES Special Exposure Cohort; employee class designations:
Massachusetts Institute of Technology, Ma, 68883-68884 E7-23748 SAM Laboratories, Columbia University, NY, 68884 E7-23704 Homeland Homeland Security Department See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service NOTICES Income taxes: Railroad industry; Tier 2 tax rates publication (2008 CY), 68956 07-5955 International International Trade Administration NOTICES Antidumping:
Preserved mushrooms from— China, 68858-68859 E7-23688 North American Free Trade Agreement (NAFTA); binational panel reviews: Carbon and alloy steel wire rod from— Canada, 68859-68860 E7-23684 Welded large diameter line pipe from— Mexico, 68860 E7-23686 International International Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 68896-68898 E7-23598 Justice Justice Department See Drug Enforcement Administration See Foreign Claims Settlement Commission See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 68898-68899 E7-23683 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 68900-68901 E7-23677 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
Western Oregon districts; resource management plans; extension, 68893-68894 E7-23743 Environmental statements; notice of intent: California Desert Conservation Area; amendment, 68894-68895 E7-23728 Realty actions; sales, leases, etc.: New Mexico, 68895-68896 07-5966 NASA National Aeronautics and Space Administration NOTICES Committees; establishment, renewal, termination, etc.: Aerospace Safety Advisory Panel, 68901 E7-23693 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 68955-68956 E7-23690 NOAA National Oceanic and Atmospheric Administration RULES International fishery regulations:
Pacific halibut— Subsistence fishing management measures, 68762 E7-23695 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Groundfish, 68810-68856 07-5940 07-5943 NOTICES Meetings: Atlantic Shark Identification and Protected Species Safe Handling, Release, and Identification; workshops, 68860-68862 E7-23697 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 68901 E7-23585 NRCS Natural Resources Conservation Service RULES Conservation operations:
Plant materials centers; amendment, 68743-68744 E7-23525 Navy Navy Department NOTICES Privacy Act; systems of records, 68867-68870 E7-23669 E7-23671 Postal Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 68901-68902 07-5976 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Pearl Harbor Remembrance Day (Proc. 8209), 69133-69136 07-5991 Reclamation Reclamation Bureau NOTICES Meetings: California Bay-Delta Public Advisory Committee; canceled, 68896 07-5948 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 68902-68904 E7-23607 E7-23609 E7-23641 Investment Company Act of 1940:
International Equity Portfolio et al., 68904-68907 E7-23613 Unified Series Trust and Envestnet Asset Management, Inc., 68907-68909 E7-23722 Meetings; Sunshine Act, 68909 E7-23789 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 68909-68918 E7-23589 E7-23593 E7-23640 Chicago Board Options Exchange, Inc., 68918-68920 E7-23590 E7-23608 Depository Trust Co., 68920-68922 E7-23591 Fixed Income Clearing Corp., 68922-68924 E7-23592 International Securities Exchange, LLC, 68924-68930 E7-23586 E7-23611 National Securities Clearing Corp., 68930-68932 E7-23594 New York Stock Exchange LLC, 68932-68937 E7-23587 E7-23599 E7-23651 Options Clearing Corp., 68937-68939 E7-23610 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68939-68942 E7-23667 E7-23668 E7-23670 E7-23672 07-5967 Culturally significant objects imported for exhibition:
The Dragon's Gift: The Sacred Arts of Bhutan, 68942 E7-23679 Grants and cooperative agreements; availability, etc.: Bosnia and Herzegovina; Youth Leadership and Teacher Professional Development Program, 68942-68946 E7-23675 Meetings: International Economic Policy Advisory Committee, 68947 E7-23691 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68956-68964 E7-23703 E7-23707 E7-23709 E7-23711 E7-23712 E7-23714 E7-23715 E7-23717 E7-23724 E7-23725 E7-23726 E7-23727 E7-23730 E7-23732 Separate Parts In This Issue Part II Agriculture Department, Food and Nutrition Service, 68966-69032 E7-23033 Part III Interior Department, Fish and Wildlife Service, 69034-69106 E7-23416 Part IV Health and Human Services Department, Food and Drug Administration, 69108-69131 E7-23580 Part V Executive Office of the President, Presidential Documents, 69133-69136 07-5991 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 234 Thursday, December 6, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 613 Plant Materials Centers AGENCY: Natural Resources Conservation Service (NRCS), USDA. ACTION:
Final rule. SUMMARY: Minor editorial changes are being made to clarify and update the existing regulation on plant materials centers. Although the changes are minor, the entire part is published in this final rule for the convenience of the reader. DATES: Effective December 6, 2007. FOR FURTHER INFORMATION CONTACT: Questions and comments should be directed at Diane E. Gelburd, Director, Ecological Sciences Division. Ms. Gelburd may be contacted at USDA, Natural Resources Conservation Service, Post Office Box 2890, Room 6160—South, Washington, DC 20013; telephone:
(202)720-2587; e-mail: *Diane.Gelburd@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: Since Part 613 became effective (49 FR 12188, March 29, 1989), several changes have occurred—requiring the need to update it. These changes include an expanded mission for the Plant Materials Program, such as working with threatened and endangered and pollinator species; selecting plants that will mitigate odor, PM-10, and PM-2.5; testing plants for biofuels and other energy-related activities; and evaluating plants and technologies to combat invasive plant species. Three additional plant materials centers have been added. These plant materials centers are located in Booneville, Arkansas; Alderson, West Virginia; and Fallon, Nevada. These changes are minor and do not significantly affect Part 613. This rule sets forth general statements of Agency policy and internal Agency organization and management. Therefore, pursuant to 5 U.S.C. 553, it is found that notice and public comment is not required. Further, in light of the minor changes, good cause is found for making this rule effective on publication in the **Federal Register** . Since this rule relates to internal Agency management, it is exempt from Executive Order 12291. Finally, this action is not a rule as defined by Public Law 96-354, the Regulatory Flexibility Act, and thus is exempt from the provisions of that Act. List of Subjects in 7 CFR Part 613 Plants (agriculture), Soil conservation. Accordingly, 7 CFR part 613 is revised to read as follows: PART 613—PLANT MATERIALS CENTERS Sec. 613.1 Purpose. 613.2 Policy and objectives. 613.3 NRCS responsibilities in plant materials. 613.4 Special production of plant materials. 613.5 Plant materials centers. Authority: 16 U.S.C. 590a-f 590f, 5908; 7 U.S.C. 1010-1011. § 613.1 Purpose. This part provides NRCS policy on the operation of plant materials centers. The centers have responsibilities for assembling, testing, releasing, and providing for the commercial production and use of plant materials and plant materials technology for programs of soil, water, and related resource conservation and development. § 613.2 Policy and objectives.
(a)It is NRCS policy to assemble, comparatively evaluate, release, and distribute for commercial increase new or improved plant materials and plant materials technology needed for broad programs of resource conservation and development for agriculture, wildlife, urban, recreation, and other land uses and environmental needs. Also, it is NRCS policy to conduct plant materials work in cooperation with other agencies of the Department of Agriculture, such as the Agricultural Research Service, and with other Federal and State research agencies including State agricultural experiment stations. The emphasis of the NRCS plant materials work is to find suitable plants to address conservation needs. In contrast, the emphasis of research agencies and organizations in plant development is to improve economically important crops. The NRCS program of testing and releasing new seed-propagated plant materials follows the guidelines in “Statement of Responsibilities and Policies Relating to the Development, Release, and Multiplication of Publicly Developed Varieties of Seed-Propagated Crops,” which was adopted in June 1972 by land grant colleges and interested Federal agencies. NRCS releases improved conservation plant materials requiring vegetative multiplication in ways appropriate for particular States and particular species by working with experiment stations, crop improvement associations, and other State and Federal agencies.
(b)The objective of the plant materials activity is to select or develop special and improved plants, and techniques for their successful establishment and maintenance to solve conservation problems and needs related to:
(1)Controlling soil erosion on all lands;
(2)Conserving water;
(3)Protecting upstream watersheds;
(4)Reducing sediment movement into waterways and reservoirs through the stabilization of critical sediment sources such as surface mined lands, highway slopes, recreation sites, and urban and industrial development areas;
(5)Stabilizing disposal areas for liquid and solid wastes;
(6)Improving plant diversity and lengthening the grazing season on dryland pastures and rangelands;
(7)Managing brush on mountain slopes with fire-retarding plant cover to reduce the possibility of fires that threaten life and property or result in serious sediment sources;
(8)Improving the effectiveness of windbreaks and shelterbelts for reducing airborne sediment, controlling snow drifting, and preventing crop damage from wind erosion;
(9)Protecting streambank, pond, and lake waterlines from erosion by scouring and wave action;
(10)Improving wildlife food and cover, including threatened and endangered and pollinator species;
(11)Selecting special purpose plants to meet specific needs for environment protection and enhancement;
(12)Selecting plants that tolerate air pollution agents and toxic soil chemicals;
(13)Selecting plants that mitigate odor, PM-10, and PM-2.5;
(14)Testing plants for biofuels and other energy-related activities; and
(15)Evaluating plants and techniques to combat invasive plant species and for reestablishment of desirable species after eradication. § 613.3 NRCS responsibilities in plant materials. NRCS operates or enters into agreements with State universities or other State organizations to operate plant materials centers. Also, NRCS cooperates, both formally and informally, with other Federal, State, county, and nonprofit agencies or organizations on the selection of plants and evaluation of plant technology to increase the capabilities of plant materials centers. NRCS employs specialists for testing and selecting plant materials for conservation uses and the development of plant materials technology. NRCS responsibilities are to:
(a)Identify the resource conservation needs and cultural management methods for environmental protection and enhancement.
(b)Assemble and comparatively evaluate plant materials at plant materials centers and on sites where soil, climate, or other conditions differ significantly from those at the centers.
(c)Make comparative field plantings for final testing of promising plants and techniques in cooperation with conservation districts and other interested cooperators.
(d)Release cooperatively improved conservation plants and maintain the breeder or foundation stocks in ways appropriate for particular State and plant species by working with experiment stations, crop improvement associations, and other State and Federal agencies.
(e)Produce limited amounts of foundation or foundation-quality seed and plants available by grant to or by exchange with conservation districts, experiment stations, other Federal and State research agencies, and State seed certifying organizations that will use the material to establish seed fields, seed orchards, or plantings for vegetative increase.
(f)Encourage and assist conservation districts, commercial seed producers, and commercial and State nurseries to produce needed plant materials for conservation uses.
(g)Encourage the use of improved plant materials and plant materials technology in resource conservation and environmental improvement programs. § 613.4 Special production of plant materials. NRCS can produce plant materials in the quantity required to do a specific conservation job if this production will serve the public welfare and only if the plant materials are not available commercially. This function will be performed only until the plant materials are available commercially. Specific production of plant materials by NRCS requires the approval of the Chief. § 613.5 Plant materials centers.
(a)*The National Plant Materials Center.* The National Plant Materials Center at Beltsville, Maryland focuses on national initiatives and provides coordination for plant materials work across all 50 States. In addition, the center provides plants and plant technology to address resource concerns in the mid-Atlantic region.
(b)*Other Plant Materials Centers.* There are 26 other plant materials centers; each serves several major land resource areas. Twenty-four of these centers are operated by NRCS and two by cooperating agencies as follows:
(1)Operated by NRCS: Tucson, Arizona; Booneville, Arkansas; Lockeford, California; Brooksville, Florida; Americus, Georgia; Molokai, Hawaii; Aberdeen, Idaho; Manhattan, Kansas; Golden Meadows, Louisiana; East Lansing, Michigan; Coffeeville, Mississippi; Elsberry, Missouri; Bridger, Montana; Fallon, Nevada; Cape May Courthouse, New Jersey; Los Lunas, New Mexico; Big Flats, New York; Bismarck, North Dakota; Corvallis, Oregon; Kingsville, Texas; Knox City, Texas; Nacogdoches, Texas; Pullman, Washington; and Alderson, West Virginia.
(2)Operated by cooperating agencies with financial and technical assistance from NRCS: Meeker, Colorado—White River and Douglas Creek Soil Conservation Districts with partial funding from NRCS.
(3)Operated by cooperating agencies with technical assistance from NRCS: Palmer, Alaska—State of Alaska, Department of Natural Resources. Signed in Washington, DC, on November 20, 2007. Arlen L. Lancaster, Chief. [FR Doc. E7-23525 Filed 12-5-07; 8:45 am] BILLING CODE 3410-16-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 174 [EPA-HQ-OPP-2007-0575; FRL-8340-4] Bacillus Thuringiensis Vip3Aa19 Protein in Cotton; Extension of a Temporary Exemption From the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation extends the temporary exemption from the requirement of a tolerance for residues of the *Bacillus thuringiensis* Vip3Aa19 protein in cotton when applied or used as a plant-incorporated protectant (PIP). Syngenta Seeds, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting the temporary tolerance exemption be extended. This regulation eliminates the need to establish a maximum permissible level for residues of *Bacillus thuringiensis* Vip3Aa19 protein in cotton when applied or used as a PIP on cotton. The temporary tolerance exemption expires on May 1, 2009. DATES: This regulation is effective December 6, 2007. Objections and requests for hearings must be received on or before February 4, 2008 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ). ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2007-0575. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)605-0515; e-mail address: *reynolds.alan@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this “ **Federal Register** ” document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of 40 CFR part 174 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, as amended by FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2007-0575 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before February 4, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA-HQ-OPP-2007-0575, by one of the following methods. • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. II. Background and Statutory Findings In the **Federal Register** of August 8, 2007 (72 FR 44521) (FRL-8139-7), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance petition (PP 7F7216) by Syngenta Seeds, Inc., 3054 Cornwallis Rd., P.O. Box 12257, Research Triangle Park, NC 27709. The petition requested that 40 CFR 174.501 be amended such that the temporary exemption from the requirement of a tolerance for residues of *Bacillus thuringiensis* Vip3Aa19 insect control protein (vector pCOT1) when applied or used as a PIP on cotton expires on May 1, 2009. This notice included a summary of the petition prepared by the petitioner, Syngenta Seeds, Inc. There were no comments received in response to the notice of filing. Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is “safe.” Section 408(c)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Pursuant to section 408(c)(2)(B) of FFDCA, in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in section 408(b)(2)(C) of FFDCA, which require EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue....” Additionally, section 408(b)(2)(D) of FFDCA requires that the Agency consider “available information concerning the cumulative effects of a particular pesticide's residues” and “other substances that have a common mechanism of toxicity.” EPA performs a number of analyses to determine the risks from aggregate exposure to pesticide residues. First, EPA determines the toxicity of pesticides. Second, EPA examines exposure to the pesticide through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. III. Toxicological Profile Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the available scientific data and other relevant information in support of this action and considered its validity, completeness and reliability and the relationship of this information to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Data have been submitted demonstrating a lack of mammalian toxicity at high levels of exposure to the pure (microbially expressed) Vip3Aa19 protein. These data demonstrate the safety of Vip3Aa19 at levels well above maximum possible exposure levels that are reasonably anticipated in the crops. This is similar to the Agency position regarding toxicity and the requirement of residue data for the microbial *Bacillus thuringiensis* products from which this PIP was derived (See 40 CFR 158.740(b)(2)(i)). For microbial products, the need for Tier II and III toxicity testing and residue data to verify the observed effects and clarify the source of these effects is triggered only by significant acute effects in studies such as the mouse oral toxicity study. In previously submitted Vip3A studies and applications, the designation VIP3A or Vip3A was used to describe the Vip PIP protein and/or test material. In the final rule, it is necessary to distinguish the various Vip3A designations based on the Crickmore *Bacillus thuringiensis* Vip3A nomenclature (see *http://www.lifesci.sussex.ac.uk/Home/Neil_Crickmore/Bt* ). The original Vip3A toxin as expressed in COT102 is now known as Vip3Aa19 toxin according to the Crickmore nomenclature designation. A temporary exemption from the requirement of tolerance already has been established for the *Bacillus thuringiensis* Vip3Aa19 protein in cotton (See the **Federal Register** issue of July 25, 2007 (72 FR 40752) (FRL-8134-3); 40 CFR 174.501 that expires May 1, 2008. An acute oral toxicity study was submitted for the Vip3Aa19 protein. Male and female mice (16 of each) were dosed with 3,675 milligrams/kilograms bodyweight (mg/kg bwt) of Vip3Aa19 protein. All mice survived the study, gained weight, had no test material-related clinical signs, and had no test material-related findings at necropsy. This acute oral toxicity data supports the prediction that the Vip3Aa19 protein would be non-toxic to humans. When proteins are toxic, they are known to act via acute mechanisms and at very low dose levels (Sjoblad, Roy D., et al. 1992). Therefore, since no effects were shown to be caused by the PIP, even at relatively high-dose levels, the Vip3Aa19 protein is not considered toxic. Amino acid sequence comparisons showed no similarity between the Vip3Aa19 protein and known toxic proteins available in public protein data bases. According to the Codex Alimintarius Commission (Codex) guidelines, the assessment of potential toxicity also includes stability to heat (Joint Food and Agriculture Organization of the United Nations/World Health Organization (FAO/WHO) Food Standard Programme, Codex Alimentarius Commission, 2003 1 ). A heat lability study demonstrated that Vip3Aa19 is inactivated against fall armyworm when heated to 55 °C for 30 minutes. 1 Alinorm 03/34: Joint FAO/WHO Food Standard Programme, Codex Alimentarius Commission, Twenty-Fifth Session, Rome, Italy 30 June-5 July, 2003. Appendix III, Guideline for the conduct of food safety assessment of foods derived from recombinant-DNA plants and Appendix IV, Annex on the assessment of possible allergenicity. Rome, Codex Alimentarius Commission, 2003, p.p 47-60. Since Vip3Aa19 is a protein, allergenic sensitivities were considered. Currently, no definitive tests exist for determining the allergenic potential of novel proteins. Therefore, EPA uses a weight-of-the-evidence approach where the following factors are considered: source of the trait; amino acid sequence similarity with known allergens; prevalence in food; and biochemical properties of the protein, including *in vitro* digestibility in simulated gastric fluid (SGF), and glycosylation. This approach was described by the Codex guidelines for the conduct of food safety assessment of food derived from recombinant-DNA plants including the assessment of possible allergenicity in 2003 (Joint FAO/WHO Food Standard Programme, Codex Alimentarius Commission, 2003 1 ). Data have been submitted that demonstrate that the Vip3A from recombinant maize (LPPACHA-0199) and *E. coli* (VIP3A-0100) proteins are rapidly degraded by gastric fluid *in vitro* . (VIP3A-0100 refers to a microbially expressed Vip3A that has been shown to be the equivalent of the plant-expressed Vip3A protein.) In a solution of SGF (containing pepsin) and either 80 microLiters (µL) of LPPACHA-0199 or 320 µL of VIP3A-0100 test protein, both were shown to be susceptible to pepsin degradation. These data support the conclusion that Vip3A proteins expressed in transgenic plants will be readily digested as a conventional dietary protein under typical mammalian gastric conditions. Further data demonstrate that Vip3Aa19 is not glycoslylated and a comparison of amino acid sequences of known allergens uncovered no evidence of any homology with Vip3Aa19, even at the level of eight contiguous amino acid residues. These data demonstrated that mean Vip3Aa19 concentration in cotton seed ranged from ( *circa* ). 2.51 to 3.23 micrograms (µg) Vip3A/g dry weight. Vip3Aa19 was not detected in cotton fiber or nectar. Analysis of the refined oil and de-fatted meal by Enzyme-Linked Immunosorbent Assay (ELISA) detected Vip3Aa19 protein in COT102 meal, but not in oil. Therefore, based on the data provided for the specific Vip3Aa19 protein, one can conclude that the Vip3Aa19 protein is present in low levels in cotton seed and not detected in cotton fiber. Therefore, the potential for the Vip3Aa19 protein to be a food allergen is minimal. As noted in Unit III., toxic proteins typically act as acute toxins with low dose levels. Therefore, since no effects were shown to be caused by this PIP, even at relatively high-dose levels, the Vip3Aa19 protein is not considered toxic. IV. Aggregate Exposures In examining aggregate exposure, section 408 of FFDCA directs EPA to consider available information concerning exposures from the pesticide residue in food and all other non-occupational exposures, including drinking water from ground water or surface water and exposure through pesticide use in gardens, lawns, or buildings (residential and other indoor uses). The Agency has considered available information on the aggregate exposure levels of consumers (and major identifiable subgroups of consumers) to the pesticide chemical residue and to other related substances. These considerations include dietary exposure under the tolerance exemption and all other tolerances or exemptions in effect for the PIP chemical residue, and exposure from non-occupational sources. Exposure via the skin or inhalation is not likely since the PIP is contained within plant cells, which essentially eliminates these exposure routes or reduces these exposure routes to negligible. The amino acid homology assessment revealed no similarities to known aeroallergens, indicating that Vip3A has a low potential to be an inhalation allergen. It has been demonstrated that there is no evidence of occupationally related respiratory symptoms, based on a health survey on migrant workers after exposure to *Bacillus thuringiensis* pesticides (Berstein et al. 1999), which provides further evidence of the negligible respiratory risks of *Bacillus thuringiensis* PIPs. Exposure via residential or lawn use to infants and children is also not expected because the use sites for the Vip3Aa19 protein are all agricultural for control of insects. Oral exposure, at very low levels may occur from ingestion of processed corn products and, theoretically, drinking water. However, oral toxicity testing done at a dose in excess of 3 grams/kilogram (gm/kg) showed no adverse effects. Furthermore, the expected dietary exposure from cotton is several orders of magnitude lower than the amounts of Vip3Aa19 protein shown to have no toxicity. Therefore, even if negligible aggregate exposure should occur, the Agency concludes that such exposure would present no harm due to the lack of mammalian toxicity and the rapid digestibility demonstrated for the Vip3Aa19 proteins. V. Cumulative Effects Pursuant to FFDCA section 408(b)(2)(D)(v), EPA has considered available information on the cumulative effects of such residues and other substances that have a common mechanism of toxicity. These considerations include the cumulative effects on infants and children of such residues and other substances with a common mechanism of toxicity. Because there is no indication of mammalian toxicity, the Agency concludes that there are no cumulative effects arising from Vip3Aa19 protein residues in cotton. VI. Determination of Safety for U.S. Population, Infants and Children A. Toxicity and Allergenicity Conclusions The data submitted and cited regarding potential health effects for the Vip3Aa19 protein include the characterization of the expressed Vip3Aa19 protein in cotton, as well as the acute oral toxicity, heat stability, and *in vitro* digestibility of the proteins. The results of these studies were determined applicable to evaluate human risk, and the validity, completeness, and reliability of the available data from the studies were considered. Adequate information was submitted to show that the Vip3A protein test material derived from microbial cultures (designated VIP3A-0100) was biochemically and functionally similar to the Vip3Aa19 protein expressed in cotton. Microbially produced protein was chosen in order to obtain sufficient material for testing. The acute oral toxicity data submitted supports the prediction that the Vip3Aa19 protein would be non-toxic to humans. As mentioned in Unit III., when proteins are toxic, they are known to act via acute mechanisms and at very low-dose levels (Sjoblad, Roy D., et al. 1992). Since no effects were shown to be caused by Vip3Aa19 protein, even at relatively high dose levels (3,675 mg Vip3Aa19/kg bwt), the Vip3Aa19 protein is not considered toxic. This is similar to the Agency position regarding toxicity and the requirement of residue data for the microbial *Bacillus thuringiensis* products from which this PIP was derived. (See 40 CFR 158.740(b)(2)(i)). Moreover, Vip3Aa19 showed no sequence similarity to any known toxin. Protein residue chemistry data for Vip3Aa19 were not required for a human health effects assessment of the subject PIP ingredients because of the lack of mammalian toxicity. Expression data demonstrated that mean Vip3Aa19 concentrations in cotton seed ranged from approximately 2.51 to 3.23 µg Vip3Aa19/g dry weight. Vip3Aa19 was not detected in cotton fiber or nectar. Analysis of the refined oil and de-fatted meal by ELISA detected Vip3Aa19 protein in COT102 meal, but not in oil. Therefore, Vip3Aa19 is present in low levels in cotton seed and not detectable in cotton fiber. Since Vip3Aa19 is a protein, its potential allergenicity is also considered as part of the toxicity assessment. Information considered as part of the allergenicity assessment included data demonstrating that the Vip3Aa19 protein came from a *Bacillus thuringiensis* which is not a known allergenic source, showed no sequence similarity to known allergens, was readily degraded by pepsin, and was not glycosylated when expressed in the plant. Therefore, there is a reasonable certainty that the Vip3Aa19 protein will not be an allergen. Neither available information concerning the dietary consumption patterns of consumers (and major identifiable subgroups of consumers including infants and children), nor safety factors that are generally recognized as appropriate for the use of animal experimentation data were evaluated. The lack of mammalian toxicity at high levels of exposure to the Vip3Aa19 protein, as well as the minimal potential to be a food allergen, demonstrate the safety of Vip3Aa19 at levels well above possible maximum exposure levels anticipated in the crop. The genetic material necessary for the production of the PIP active ingredients are the nucleic acids Deoxyribonucleic acid, Ribonucleic acid (DNA, RNA) which comprise genetic material encoding these proteins and their regulatory regions. The genetic material DNA, RNA necessary for the production of Vip3Aa19 protein already are exempted from the requirement of a tolerance under a blanket exemption for all nucleic acids (40 CFR 174.507). B. Infants and Children Risk Conclusions Section 408(b)(2)(C) of FFDCA provides that EPA shall assess the available information about consumption patterns among infants and children, special susceptibility of infants and children to pesticide chemical residues, and the cumulative effects on infants and children of the residues and other substances with a common mechanism of toxicity. In addition, FFDCA section 408(b)(2)(C) also provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base, unless EPA determines that a different margin of safety will be safe for infants and children. In this instance, based on all the available information, the Agency concludes that there is a finding of no toxicity for the Vip3Aa19 protein and the genetic material necessary for its production in cotton. Because there are no threshold effects of concern, the Agency has determined that the additional tenfold margin of safety is not necessary to protect infants and children. Further, the provisions of consumption patterns, special susceptibility, and cumulative effects do not apply. C. Overall Safety Conclusion There is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of the Vip3Aa19 protein and the genetic material necessary for its production in cotton, when it is applied or used in accordance with good agricultural practices. This includes all anticipated dietary exposures and all other exposures for which there is reliable information. The Agency has arrived at this conclusion because, as previously discussed, no toxicity to mammals has been observed, nor has there been any indication of allergenicity potential for this PIP. VII. Other Considerations A. Endocrine Disruptors The pesticidal active ingredient is a protein, derived from sources that are not known to exert an influence on the endocrine system. Therefore, the Agency is not requiring information on the endocrine effects of the PIP at this time. B. Analytical Method(s) A method for extraction and ELISA analysis of the Vip3Aa19 protein in cotton has been submitted and is under review by the Agency. For the temporary tolerance exemption, the ELISA method described with the expression data is sufficient. C. Codex Maximum Residue Level No Codex maximum residue levels exist for the PIP *Bacillus thuringiensis* Vip3Aa19 protein and the genetic material necessary for its production in cotton. VIII. Statutory and Executive Order Reviews This final rule extends the temporary exemption from the requirement of a tolerance under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget
(OMB)has exempted these types of actions from review under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866, this rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629 February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq* .) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this rule. In addition, This rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). IX. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 174 Environmental protection, Administrative practice and procedure, Pesticides and pests, Reporting and recordkeeping requirements. Dated: November 27, 2007. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 174—[AMENDED] 1. The authority citation for part 174 continues to read as follows: Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a and 371. 2. Section 174.501 is revised to read as follows: § 174.501 Bacillus thuringiensis Vip3Aa19 protein in cotton; temporary exemption from the requirement of a tolerance. Residues of *Bacillus thuringiensis* Vip3Aa19 protein in cotton are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of cotton; vegetative-insecticidal protein in cotton, undelinted seed, cotton, oil, cotton meal, cotton hay, cotton hulls, cotton forage, and cotton, gin byproducts. This temporary exemption from the requirement of tolerance will permit the use of the food commodities in this section when treated in accordance with the provisions of the experimental use permit 67979-EUP-7, which is being extended in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended (7 U.S.C. 136). This temporary exemption from the requirement of a tolerance expires and is revoked May 1, 2009; however, if the experimental use permit is revoked, or if any experience with or scientific data on this pesticide indicate that the temporary tolerance exemption is not safe, this temporary exemption from the requirement of a tolerance may be revoked at any time. [FR Doc. E7-23660 Filed 12-5-07; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA-8003] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency
(FEMA)receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the **Federal Register** on a subsequent date. DATES: *Effective Dates:* The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 *et seq.* ; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the **Federal Register** . In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. *Paperwork Reduction Act.* This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 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. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Region I Maine: Mapleton, Town of, Aroostook County 230025 May 13, 1975, Emerg; September 18, 1985, Reg; December 18, 2007, Susp Dec. 18, 2007 Dec. 18, 2007. Region III Virginia: Henrico County, Unincorporated Areas 510077 December 30, 1971, Emerg; February 4, 1981, Reg; December 18, 2007, Susp ......do Do. Region IV North Carolina: Alexander County, Unincorporated Areas 370398 July 23, 1990, Emerg; February 1, 1991, Reg; December 18, 2007, Susp ......do Do. Region V Illinois: Dwight, Village of, Livingston County 170423 September 9, 1974, Emerg; November 1, 1990, Reg; December 18, 2007, Susp ......do Do. Fairbury, City of, Livingston County 170424 May 27, 1975, Emerg; April 16, 1990, Reg; December 18, 2007, Susp ......do Do. Livingston County, Unincorporated Areas 170929 June 6, 1996, Emerg;—, Reg; December 18, 2007, Susp ......do Do. Pontiac, City of, Livingston County 170426 —, Emerg;—, Reg; December 18, 2007, Susp ......do Do. Streator, City of, Livingston County 170408 December 1, 1972, Emerg; September 18, 1986, Reg; December 18, 2007, Susp ......do Do. Ohio: Geneva, City of, Ashtabula County 390013 August 16, 1974, Emerg; February 1, 1980, Reg; December 18, 2007, Susp ......do Do. Geneva on-the-Lake, Village of, Ashtabula County 422507 March 28, 1975, Emerg; December 4, 1979, Reg; December 18, 2007, Susp ......do Do. Jefferson, Village of, Ashtabula County 390014 July 23, 1976, Emerg; August 1, 1979, Reg; December 18, 2007, Susp ......do Do. North Kingsville, Village of, Ashtabula County 390889 May 27, 1988, Emerg; August 4, 1988, Reg; December 18, 2007, Susp ......do Do. Roaming Shores, Village of, Ashtabula County 390885 June 12, 1987, Emerg; September 16, 1988, Reg; December 18, 2007, Susp ......do Do. Rock Creek, Village of, Ashtabula County 390665 August 7, 1975, Emerg; July 7, 1978, Reg; December 18, 2007, Susp ......do Do. Region VIII South Dakota: Edgemont, City of, Falls River County 460026 March 6, 1980, Emerg; December 16, 1980, Reg; December 18, 2007, Susp ......do Do. Fall River County, Unincorporated Areas 460238 October 24, 2003, Emerg;—, Reg; December 18, 2007, Susp ......do Do. Hot Springs, City of, Falls River County 460027 May 7, 1973, Emerg; June 30, 1976, Reg; December 18, 2007, Susp ......do Do. Region X Oregon: Boardman, City of, Morrow County 410174 October 22, 1975, Emerg; May 25, 1978, Reg; December 18, 2007, Susp ......do Do. Heppner, City of, Morrow County 410175 June 21, 1974, Emerg; April 1, 1981, Reg; December 18, 2007, Susp ......do Do. Ione, City of, Morrow County 410176 November 17, 1975, Emerg; April 1, 1981, Reg; December 18, 2007, Susp ......do Do. Irrigon, City of, Morrow County 410177 November 25, 1975, Emerg; August 26, 1977, Reg; December 18, 2007, Susp ......do Do. Lexington, City of, Morrow County 410178 January 15, 1975, Emerg; April 1, 1981, Reg; December 18, 2007, Susp ......do Do. Morrow County, Unincorporated Areas 410173 June 3, 1974, Emerg; April 1, 1981, Reg; December 18, 2007, Susp ......do Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: November 26, 2007. David I. Maurstad, Assistant Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23708 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA-8001] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency
(FEMA)receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the **Federal Register** on a subsequent date. DATES: *Effective Dates:* The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 *et seq.* ; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the **Federal Register** . In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. *Paperwork Reduction Act.* This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 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. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Region V Indiana: Cumberland, Town of, Hancock County 180510 March 10, 1993, Emerg; March 10, 1993, Reg; December 4, 2007, Susp Dec. 4, 2007 Dec. 4, 2007. Greenfield, City of, Hancock County 180084 July 25, 1975, Emerg; November 4, 1981, Reg; December 4, 2007, Susp ......do Do. Hancock County, Unincorporated Areas 180419 April 21, 1975, Emerg; October 15, 1982, Reg; December 4, 2007, Susp ......do Do. McCordsville, Town of, Hancock County 180468 March 18, 2005, Emerg; March 18, 2005, Reg; December 4, 2007, Susp ......do Do. Spring Lake, Town of, Hancock County 180346 September 3, 1985, Emerg; September 3, 1985, Reg; December 4, 2007, Susp ......do Do. Wisconsin: Belgium, Village of, Ozaukee County 550311 June 30, 1999, Emerg; June 30, 1999, Reg; December 4, 2007, Susp ......do Do. Fredonia, Village of, Ozaukee County 550313 February 7, 1975, Emerg; January 2, 1981, Reg; December 4, 2007, Susp ......do Do. Grafton, Village of, Ozaukee County 550314 April 30, 1975, Emerg; May 15, 1980, Reg; December 4, 2007, Susp ......do Do. Ozaukee County, Unincorporated Areas 550310 May 14, 1971, Emerg; May 16, 1977, Reg; December 4, 2007, Susp ......do Do. Port Washington, City of, Ozaukee County 550316 June 30, 1975, Emerg; October 15, 1981, Reg; December 4, 2007, Susp ......do Do. Saukville, Village of, Ozaukee County 550317 April 18, 1974, Emerg; December 16, 1980, Reg; December 4, 2007, Susp ......do Do. Thiensville, Village of, Ozaukee County 550318 March 26, 1974, Emerg; August 1, 1978, Reg; December 4, 2007, Susp ......do Do. Region VII Iowa: Dallas County, Unincorporated Areas 190860 December 14, 1992, Emerg; May 1, 1994, Reg; December 4, 2007, Susp ......do Do. De Soto, City of, Dallas County 190359 September 1, 1979, Emerg; September 27, 1985, Reg; December 4, 2007, Susp ......do Do. Jasper County, Unincorporated Areas 190880 February 23, 1983, Emerg; January 1, 1987, Reg; December 4, 2007, Susp ......do Do. Kellogg, City of, Jasper County 190164 June 3, 1977, Emerg; June 1, 1987, Reg; December 4, 2007, Susp ......do Do. Reasnor, City of, Jasper County 190167 May 24, 1993, Emerg; September 1, 1996, Reg; December 4, 2007, Susp ......do Do. Region VIII Colorado: Avon, Town of, Eagle County 080308 May 22, 1985, Emerg; August 19, 1987, Reg; December 4, 2007, Susp ......do Do. Basalt, Town of, Eagle County 080052 May 1, 1975, Emerg; March 18, 1980, Reg; December 4, 2007, Susp ......do Do. Eagle, Town of, Eagle County 080238 August 20, 1976, Emerg; March 18, 1980, Reg; December 4, 2007, Susp ......do Do. Eagle County, Unincorporated Areas 080051 May 7, 1976, Emerg; November 19, 1980, Reg; December 4, 2007, Susp ......do Do. Gypsum, Town of, Eagle County 080295 July 7, 1980, Emerg; September 16, 1981, Reg; December 4, 2007, Susp ......do Do. Minturn, Town of, Eagle County 080053 September 26, 1975, Emerg; September 17, 1980, Reg; December 4, 2007, Susp ......do Do. Red Cliff, Town of, Eagle County 080260 April 18, 1985, Emerg; April 18, 1985, Reg; December 4, 2007, Susp ......do Do. Vail, Town of, Eagle County 080054 August 13, 1976, Emerg; May 2, 1983, Reg; December 4, 2007, Susp ......do Do. Utah: Eureka, City of, Juab County 490079 May 22, 1985, Emerg; August 19, 1987, Reg; December 4, 2007, Susp ......do Do. Nephi, City of, Juab County 490229 May 29, 1975, Emerg; August 5, 1986, Reg; December 4, 2007, Susp ......do Do. Region IX Arizona: Casa Grande, City of, Pinal County 040080 May 5, 1972, Emerg; August 1, 1977, Reg; December 4, 2007, Susp ......do Do. Coolidge, City of, Pinal County 040082 February 5, 1975, Emerg; June 10, 1980, Reg; December 4, 2007, Susp ......do Do. Queen Creek, Town of, Pinal County 040132 July 22, 1992, Emerg; July 22, 1992, Reg; December 4, 2007, Susp ......do Do. Queen Creek, Town of, Pinal County 040132 July 22, 1992, Emerg; July 22, 1992, Reg; December 4, 2007, Susp ......do Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: November 26, 2007. David I. Maurstad, Assistant Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23716 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations
(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map
(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety
(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)# Depth in feet above ground Modified Communities affected Washington County, Arkansas, and Incorporated Areas Docket No.: FEMA-B-7472 Brush Creek At intersection with Interstate 540 Approximately 150 feet downstream of Gutensohn +1304 +1334 City of Springdale. Tributary Approximately 125 feet upstream of Force-Main Crossing At intersection with Gutensohn Road +1317 +1326 City of Springdale. Mud Creek Approximately 50 feet upstream of Gregg Street At intersection with College Avenue +1183 +1203 City of Fayetteville, City of Johnson. West Fork White River Approximately 0.5 miles upstream from confluence with White River Approximately 1500 feet downstream from the intersection with Harvey Owl Road +1173 +1173 City of Fayetteville. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Fayetteville Maps are available for inspection at 113 West Mountain, Fayetteville, AR 72701. City of Johnson Maps are available for inspection at 2904 Main Dr., Johnson, AR 72741. City of Springdale Maps are available for inspection at 201 North Spring Street, Springdale, AR 72764. Hopkins County, Kentucky and Incorporated Areas Docket No.: FEMA-B-7710 Clear Creek Approximately 1450 feet downstream of KY 2171 Approximately 140 feet upstream of West Thompson Avenue +399 +418 City of Earlington Hopkins County, (Unincorporated Areas). Tributary Confluence with Clear Creek Approximately 50 feet downstream of Loch Mary Reservoir +405 +422 City of Earlington. Elk Creek Confluence with Pond River Approximately 8600 feet downstream of Brown Road +387 +387 Hopkins County, (Unincorporated Areas). Approximately 750 feet downstream of Island Ford Road +406 Approximately 320 feet downstream of Fowler Road +412 Tributary 10.5 Approximately 100 feet upstream of confluence with Elk Creek Tributary 5.1 Approximately 450 feet upstream of Island Park Drive +403 +425 City of Madisonville Hopkins County, (Unincorporated Areas). Tributary 4 Confluence with Elk Creek Approximately 120 feet downstream of Stagecoach Road +412 +439 City of Madisonville Hopkins County, (Unincorporated Areas). Tributary 5.1 Approximately 1660 feet downstream of McGrew Lane Approximately 170 feet upstream of Edward T. Breathitt Parkway +400 +426 City of Madisonville Hopkins County, (Unincorporated Areas). Otter Creek Confluence with Pond River Approximately 5300 feet upstream of Vandetta Road +387 +387 Hopkins County, (Unincorporated Areas). Pleasant Run Approximately 580 feet downstream of North Hopkinsville Street Approximately 1550 feet upstream of Seaboard System Railroad +406 +411 City of Nortonville. Pond River Confluence with Otter Creek Approximately 14,570 feet upstream of Anton Road +387 +387 Hopkins County, (Unincorporated Areas). * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Earlington Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. City of Madisonville Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. City of Nortonville Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. Hopkins County (Unincorporated Areas) Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. Greene County, New York (All Jurisdictions) Docket No.: FEMA-D-7686 Batavia Kill At the confluence with Schoharie Creek Approximately 0.44 mile upstream of Big Hollow Road +1,180 +2,312 Town of Ashland, Town of Prattsville, Town of Windham. East Kill Approximately 60 feet downstream of State Route 23A At the Colgate Outlet Access Road +1,402 +2,063 Town of Jewett. Gooseberry Creek At the confluence with Schoharie Creek Approximately 50 feet upstream of the confluence of Sawmill Creek +1,729 +1,861 Town of Hunter, Village of Tannersville. Mitchell Hollow Creek Approximately 260 feet upstream of the confluence with Batavia Kill Approximately 0.54 mile upstream of State Route 23 +1,518 +1,566 Town of Windham. Sawmill Creek At the confluence with Gooseberry Creek Approximately 320 feet upstream of Spring Street +1,860 +1,973 Town of Hunter, Village of Tannersville. Schoharie Creek At the county boundary Approximately 270 feet upstream of Elka Road +1,143 +1,806 Town of Hunter, Town of Jewett, Town of Lexington, Town of Prattsville, Village of Hunter. Stony Clove Creek At the county boundary Approximately 500 feet upstream of State Route 214 +1,169 +1,794 Town of Hunter. West Kill At the confluence with Scoharie Creek Approximately 660 feet upstream of Ad Van Road +1,318 +1,942 Town of Lexington. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Ashland Maps are available for inspection at the Ashland Town Hall, 12094 Route 23, Ashland, New York. Town of Hunter Maps are available for inspection at the Hunter Town Hall, 5748 Route 23A, Tannersville, New York. Town of Jewett Maps are available for inspection at the Jewett Municipal Building, 3547 County Route 23C, Jewett, New York. Town of Lexington Maps are available for inspection at the Lexington Town Hall, 3542 Route 42, Lexington, New York. Town of Prattsville Maps are available for inspection at the Prattsville Town Hall, Supervisor's Office, 14517 Main Street, Prattsville, New York. Town of Windham Maps are available for inspection at the Windham Town Hall, 371 State Route 296, Hensonville, New York. Village of Hunter Maps are available for inspection at the Hunter Village Hall, 6349 Main Street, Hunter, New York. Village of Tannersville Maps are available for inspection at the Tannersville Village Hall, 1 Park Lane, Tannersville, New York. Orange County, North Carolina and Incorporated Areas Docket No.: FEMA-D-7812 Dry Branch At the confluence with New Hope Creek Tributary Approximately 870 feet upstream of Silver Creek Trail +286 +397 Town of Chapel Hill. # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Chapel Hill Maps available for inspection Chapel Hill Town Hall, Stormwater Management Program Office, 209 North Columbia Street, Chapel Hill, North Carolina. Montour County, Pennsylvania, and Incorporated Areas Docket No.: FEMA-B-7473 Mahoning Creek Approximately 7345 feet downstream of Northumberland Street Approximately 1310 feet upstream of Northumberland Street +460 +461 Borough of Danville, Township of Mahoning. Roaring Creek Approximately 1310 feet downstream of River Drive Approximately 980 feet upstream of River Drive +470 +470 Township of Mayberry. Sechler Run Approximately 215 feet downstream of Rooney Avenue Bridge Approximately at 1210 feet upstream of Railroad Street. +461 +461 Borough of Danville. Susquehanna River Approximately at 9500 feet downstream of Factory Street, at the Montour County Line Approximately 6.4 miles upstream of Factory Street, at the Montour County Line +459 +471 Township of Mayberry, Borough of Danville, Township of Cooper, Township of Mahoning. # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Borough of Danville Maps are available for inspection at 239 Mill Street, Danville, PA 17821. Township of Cooper Maps are available for inspection at 19 Steltz Road, Danville, PA. Township of Mahoning Maps are available for inspection at 1101 Bloom Road, Danville, PA 17821. Township of Mayberry Maps are available for inspection at 53 Sunset Road, Catawissa, PA 17820. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: November 28, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23689 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 630 [Docket No: FTA-2007-27319] RIN 2132-AA94 National Transit Database: Amendment to Reporting Requirements and Non-Substantive Technical Changes AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Final rule. SUMMARY: This notice announces the final rule requiring recipients of grants under 49 U.S.C. 5311, Formula Grants for Other Than Urbanized Areas (Nonurbanized Area Formula Grants,) to report annual data to the National Transit Database
(NTD)as a condition for receiving these grants. In addition, this final rule makes non-substantive changes, technical corrections, and conforming amendments to the “National Transit Database” regulation. DATES: *Effective Date:* January 7, 2008. FOR FURTHER INFORMATION CONTACT: For program issues: John D. Giorgis, Office of Budget and Policy,
(202)366-5430 (telephone);
(202)366-7989 (fax); or *john.giorgis@dot.gov* (e-mail). For legal issues: Richard Wong, Office of the Chief Counsel,
(202)366-4011 (telephone);
(202)366-0675 (fax); or *richard.wong@dot.gov* (e-mail). SUPPLEMENTARY INFORMATION: I. Background The National Transit Database
(NTD)is FTA's primary national database for statistics on the transit industry. Section 3033 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59 (August 10, 2005)] amended the NTD provisions under 49 U.S.C. 5335 to require that each recipient receiving Formula Grants for Other Than Urbanized Areas (Nonurbanized Area Formula Grants), or any person that will receive benefits directly from these funds, must be subject to the reporting and uniform systems of the NTD. Section 5335(b) continues to require NTD reporting for recipients of and beneficiaries of assistance from Urbanized Area Formula Grants. In addition, section 3013(b) of SAFETEA-LU amended 49 U.S.C. 5311(b)(4) to require each recipient receiving Nonurbanized Area Formula Grants to submit an annual report containing information on capital investment, operations, and service provided with grant funds from this program. The recipient must include the following information in the report: Total annual revenue; sources of revenue; total annual operating costs; total annual capital costs; fleet size and type, and related facilities; revenue vehicle miles; and ridership. The mandatory reporting criteria will assist FTA in understanding the effectiveness of Nonurbanized Area Formula Grants in improving rural public transportation. These data are similar to those already collected by FTA for recipients of Urbanized Area Formula Grants, but are streamlined for rural recipients. This final rule revises 49 CFR Part 630, the Uniform System of Accounts and Reporting System, to conform with 49 U.S.C. 5335 and 5311, as amended by sections 3033 and 3013(b) of SAFETEA-LU. II. Comments and FTA Response to Comments On March 26, 2007, FTA issued a notice of proposed rulemaking
(NPRM)that provided interested parties with the opportunity to comment on substantive amendments to FTA's NTD Regulation that would implement the annual reporting requirements for recipients and beneficiaries of Nonurbanized Area Formula Grants (72 FR 14061). In this NPRM, FTA proposed changes that would:
(1)Require recipients of Nonurbanized Area Formula Grants to report data to the NTD; and,
(2)require the annual reporting of rural transit data as a condition for receiving Nonurbanized Area Formula Grants. The proposed rule also contained technical corrections and conforming amendments, such as changes to statutory references. FTA invited comments on the proposed substantive amendments that would implement the annual reporting requirements for Nonurbanized Area Formula Grant recipients and beneficiaries. In accordance with 5 U.S.C. 553(b)(3)(A), FTA did not invite comments on the technical corrections and conforming amendments because those changes are “interpretative” in nature, and FTA was not required to accept or consider comments on them. FTA received ten comments on the proposed substantive amendments that would implement the annual reporting requirements for Nonurbanized Area Formula Grant recipients and beneficiaries. FTA hereby responds to these comments in the following order:
(a)General Coordination and Reporting Concerns;
(b)Failure to Report Data;
(c)Late and Incomplete Reports;
(d)Questionable Data Items;
(e)Notice of FTA action;
(f)Waiver of Reporting Requirements;
(g)Proposed Appendix A;
(h)Comments on the proposed 2007 Rural NTD Module Reporting Manual; and,
(i)Additional Technical Revisions.
(a)General Reporting Concerns Four comments expressed concern about the burden of the proposed reporting requirements. One commenter strongly encouraged FTA to follow its stated purpose to provide streamlined reporting requirements for the rural program. Another commenter expressed concern that rural systems will experience significant difficulties in complying with reporting, which will impact the reliability and usefulness of the data. One commenter noted that FTA's historical position has been to not be involved with subrecipients and that data collection on individual subrecipients is a major departure from this practice. *FTA response:* FTA is seeking the data to comply with 49 U.S.C. 5335 and 49 U.S.C. 5311(b)(4), and the proposed reporting requirements are largely specified by statute. FTA notes that it is only requiring the States to complete and submit a one-page form for each Section 5311 grant subrecipient, and is only requiring Tribes that are direct recipients of Section 5311 grants to complete the same form. Comments on the specific nature of the reporting requirements, however, are outside the scope of this rulemaking. FTA considered these comments as part of the process of finalizing the 2007 Rural NTD Reporting Manual. In response to the commenter regarding data collection from subrecipients, FTA notes that FTA has the statutory authority to require recipients to gather and report subrecipients' NTD data to FTA pursuant to 49 U.S.C. 5335. Section 5335(a) states that FTA may request and receive appropriate information for the NTD from “any source,” which includes requesting information from a Nonurbanized Area Formula Grant subrecipient. Moreover, Section 5335(b) states that FTA “may award a grant under section 5307 or 5311 only if the applicant, and any person that will receive benefits directly from the grant, are subject to the reporting and uniform systems.” A subrecipient of Section 5311 is a direct beneficiary of the grant and, as such, is subject to providing information for the NTD to the extent FTA requires. FTA reminds the commenter that subrecipients must meet a number of grant requirements before the disbursement of grant money, and that the NTD reporting is one of these requirements. FTA recognizes that rural systems may not have sophisticated technical resources. FTA has limited the information collection to data that any transit provider should collect for its own internal management purposes. FTA will train and work with reporters to ensure data quality, while recognizing that, in some cases, good-faith estimates may have to suffice. FTA received three comments expressing concern about the ambiguity of the reporting requirements for those transit agencies receiving grants under both Section 5307 and Section 5311, and the burden that this would have on small transit agencies. One commenter particularly expressed concern about allocating operating data and safety data across separate reports for urbanized areas and for rural areas, and across funding sources. Another commenter asked FTA to specifically detail how it would prevent double-counting across urbanized area and rural area NTD submissions. One commenter suggested that FTA should relieve States from the responsibility of reporting on behalf of subrecipients that are already reporting directly to the NTD as an urbanized area reporter. *FTA Response:* FTA accepts the suggestion of the commenter to relieve States from the responsibility of reporting on behalf of subrecipients that are already reporting directly to the NTD as an urbanized area reporter. Since the urbanized area reporting requirements are more extensive than the rural reporting requirements, all of the data required by the rural NTD reporting requirements can be captured through the urbanized area NTD reporting requirements. As such, FTA has amended § 630.4 to specify that States need not provide reports for those transit agencies that are already providing reports to the NTD as urbanized area transit agencies. This amendment to the rule will preclude the need for allocation of data in the rural reporting, and will eliminate the possibility of double-counting. FTA understands, however, that as proposed, the rule may have been unclear as to which entity should submit data to the NTD. As such, FTA replaced the term “reporting agency,” in the proposed rule, with the term “reporting entity,” which FTA defined as a transit agency, a State Department of Transportation that is a recipient of grants under 49 U.S.C. 5311, or a Federally-recognized Indian Tribe that is a direct recipient of grants under 49 U.S.C. 5311. FTA also added the definition of “State Department of Transportation” for clarification purposes. One comment reminded FTA to be cognizant of the efforts of many rural transportation agencies in following the Executive Order on Human Service Agency Transportation Coordination, and to not provide additional barriers in the final rule that undermine those agencies in making the best use of limited transportation resources. *FTA response:* FTA agrees with the second comment, and has taken coordinated funding sources and human service trips into consideration in the 2007 Rural NTD Module Reporting Manual. This rule does not conflict with the Executive Order on Human Service Agency Transportation Coordination. One comment expressed the concern that removing the rural area ridership and revenue data from the previously-combined urbanized and rural services reporting will negatively affect Section 5307 funding for grant recipients that currently receive both Section 5307 and Section 5311 funding. *FTA response:* FTA notes that it uses the data submitted to the Annual NTD Module for the apportionment of Section 5307 funds (Urbanized Area Formula Grants), and services provided in nonurbanized areas have never been permitted to be included in the apportionment of Section 5307 funds. In addition, FTA notes that under the current Annual NTD Module Reporting Manual (for Urbanized Areas) transit agencies providing service in urbanized areas subject to the apportionment of funds based on service data must separate their data for services provided in urbanized areas from services provided in non-urbanized areas. Three commenters asked FTA to use a reporting system similar to the Management Information System
(MIS)used for Drug and Alcohol testing so that individual subrecipients and their contracted providers can enter their own data, subject to a review by the State, rather than requiring the State to collect and enter the data into the NTD. One commenter asked FTA to implement an automated reporting system that did not require manual entry. *FTA response:* FTA understands some transit agencies and State DOTs may prefer to have transit agencies enter their data directly. However, FTA believes State DOT reporting is in the public interest, and reduces the reporting burden on the smallest rural transit agencies. Therefore, FTA will continue to require the States to submit subrecipient data, as developed in consultation with State DOTs and Section 5311 grant subrecipients. While FTA is neither able to consider using the Volpe Center's MIS submissions system nor some similar automated reporting system for direct reporting by subrecipients at this time, FTA may explore implementing improvements in the reporting software as financial resources permit. Two commenters identified a discrepancy between the definitions of “public transportation” in the proposed rulemaking and the 2007 Rural NTD Module Reporting Manual with regard to whether public transportation includes or excludes intercity bus. In particular, these commenters note that the proposed rule excludes intercity bus from public transportation, while the proposed 2007 Rural NTD Module Reporting Manual includes intercity bus as public transportation. These commenters ask for clarity and consistency between the two definitions. One commenter asked FTA to further clarify whether the State or the intercity bus company is responsible for reporting intercity bus data. *FTA Response:* FTA understands that, as proposed, the definition of “public transportation” agency presents an apparent conflict with the definition of public transportation in the proposed 2007 Rural NTD Module Reporting Manual. FTA revised the proposed definition of “public transportation agency” to clarify that a transit agency means an entity providing public transportation as defined in 49 U.S.C. 5302, and updated the references to public transportation agency accordingly. Under 49 U.S.C. 5311, intercity bus projects are identified as a beneficiary of a certain portion of Section 5311 grants, and 49 U.S.C. 5335 requires that all recipients or beneficiaries of Section 5311 grants be subject to NTD reporting requirements. FTA does not believe that Congress intended the definition of “public transportation” in 49 U.S.C. 5302 to provide States with an exception to NTD reporting for intercity bus transportation subrecipients. Thus, States should include information on all beneficiaries of the State's Section 5311 grants, including intercity bus transportation, in the State's NTD report.
(b)Failure to report data. Four commenters expressed concern that § 630.5 was unduly harsh in tying Section 5311 funding to compliance with a data collection program. These commenters argued that providing transit services was more important than providing data, and expressed concern that withholding funds from applicants who do not comply with NTD reporting requirements does not seem reasonable and may not be in the best interest of the applicant or the State. *FTA Response:* Pursuant to 49 U.S.C. 5335(b), FTA may award a grant under section 5307 or 5311 only if the applicant, and any person that will receive benefits directly from the grant, are subject to NTD reporting. As a result, FTA does not have discretion to separate Section 5311 funding from compliance with NTD reporting. Four commenters expressed concern that § 630.5 did not provide FTA with enough discretion in evaluating the compliance of recipients and direct beneficiaries of Section 5311 grants with NTD reporting, and that this section mandated automatic ineligibility for Section 5311 funding, even for non-major violations. These commenters recommended that FTA amend the first sentence of § 630.5 to substitute the word “may” for the word “will” when discussing ineligibility for future grants based on a failure to report data to NTD. *FTA Response:* FTA understands the basis of the commenters' desire to amend the first sentence of § 630.5. However, the statute states that FTA may award a grant under Section 5307 or 5311 “ *only if* the applicant and any person that will receive benefits directly from the grant are subject to the reporting and uniform systems.” FTA does not have the discretion to award a grant under section 5307 or 5311 to a recipient that fails to report the required data to the NTD. Therefore, FTA did not adopt the commenters' suggestion to use the discretionary word “may” in this section. One commenter suggested that § 630.5 be amended to require that the determination of ineligibility be possible only for data reporting efforts that, “when viewed as a whole,” are not in “substantial conformance” with this part. This commenter also argued that reporting entities should receive “a written notice from FTA explaining the reasons why the data submitted, viewed as a whole, are not in substantial conformance with this part” and that a reporting entity should have “a reasonable opportunity to file amended or additional data in response to such FTA notice.” *FTA Response:* FTA declines to adopt the commenters' suggestion to amend § 630.5 to require that the determination of ineligibility be made only for data reporting efforts that, when “viewed as a whole” are not in “substantial conformance” with 49 CFR part 630. FTA agrees that reporters should be given an opportunity to remedy deficiencies in their submissions and has provided this opportunity in a notice provision set forth in § 630.9 and the waiver provision set forth in § 630.10. Five commenters asked if FTA intends to hold the entire State liable if only one subrecipient does not submit NTD data to the State. *FTA Response:* FTA does not intend to hold the entire State liable if a subrecipient does not submit NTD data to the State. FTA reminds commenters that pursuant to Circular 9040.1F, “Nonurbanized Area Formula Program Guidance and Application Instructions,” States must ensure that subrecipients of Section 5311 grants are in compliance with a number of FTA requirements. Ensuring that a subrecipient supports the State's ability to comply with NTD reporting would be one of these requirements. Pursuant to Circular 9040.1F, a State would be required to withhold the disbursement of funds to a subrecipient that did not support the State's ability to comply with NTD reporting. By withholding disbursement of funds to the subrecipient, that subrecipient would no longer be a direct beneficiary of the State's Section 5311 grant. One commenter suggested that FTA amend the proposed part 630 to add a section that makes it clear that an agency declared ineligible for funding will be able to file for reinstatement when it:
(1)Files data that sufficiently corrects deficiencies in its prior data submission; or
(2)makes a filing consistent with the Alcohol Program Incentive Grant Program established by 23 U.S.C. 163(e). Another commenter asked FTA to clarify how long the subrecipient would be ineligible for funding once FTA determined ineligibility. *FTA Response:* FTA has amended the proposed rule in § 630.5 to clarify that failure to report data in accordance with this part will result in the “noncompliant reporting entity” being ineligible to receive any Section 5307 or 5311 Grants until such time as a report is filed in accordance with this part. This change also clarifies that a transit agency that fails to report data as a recipient of a Section 5307 grant would also be ineligible to be a beneficiary, as a subrecipient, of a Section 5311 grant. Pursuant to 49 U.S.C. 5335(b), FTA may make grants under Section 5311 only if the applicant and any person that will receive benefits directly from the grant are subject to the reporting and uniform systems. As a result, the approach outlined in 23 U.S.C. 163(e), which describes penalties for States that have not enacted or enforced safety incentives to prevent operation of motor vehicles by intoxicated persons, cannot be applied to the NTD program. Two commenters were concerned that the proposed § 630.5 empowers FTA staff to determine ineligibility for funding if they find that the data submitted does not meet “regulatory requirements.” These commenters suggested that § 630.5 be rewritten to require the Administrator to declare a reporting entity ineligible for Federal transit funds for noncompliance with NTD reporting. *FTA Response:* FTA does not adopt the suggested revision to § 630.5 to require the Administrator to make a determination of ineligibility of funding. The FTA Administrator's concurrence, or that of his or her designee, will be sought prior to an ineligibility determination being issued.
(c)Late and Incomplete Reports One commenter asked if FTA intends to require that NTD reports be accurate and complete. Another commenter argued that “if there is a data gap, it should not create a risk of ineligibility if, viewed as a whole, the agency data submission is in substantial conformance with the requirements.” This commenter requested an amendment to permit agencies to provide good faith estimates. *FTA Response:* FTA reminds the commenter requesting clarity concerning the accurateness and completeness of NTD data that Congress created the NTD to meet the needs of the Nation for information on which to base public transportation service planning. As such, data submitted must be accurate and complete. FTA does not accept the suggestion to explicitly allow for accepting good-faith estimates. Section 630.8 already provides for agencies to comply by “exhausting all possibilities for obtaining this information.” Additionally, as set forth in § 630.10, FTA may grant waivers to reporting entities on a case-by-case basis when the reporting entity cannot furnish the data without unreasonable expense and inconvenience. Further, before taking final action under §§ 630.5 and 630.8, FTA will transmit a written request to the reporting entity for it to provide the necessary information to FTA. Two commenters suggested that FTA implement a process that provides new Section 5311 reporters with additional time for compliance. One commenter suggested the rules regarding timely submission proposed in § 630.6(a) should provide for
(1)an extension of 30 days to be granted automatically, not as a matter of FTA discretion, and
(2)longer extensions as a matter of FTA discretion for good cause shown. *FTA Response:* FTA disagrees that it should provide Section 5311 reporters with additional time to comply with the reporting requirements. As set forth in 49 U.S.C. 5335, Congress established the NTD to meet the needs of all levels of government, and the needs of the public, for public transportation service planning. Public transportation service planners have consistently advised FTA that public transportation service planning requires current and complete data. Thus, late and incomplete reports have negative and severe impacts on the NTD's ability to fulfill its statutory purpose. FTA will grant reasonable waivers and extensions as provided in the rule, but FTA does not agree to institute an automatic waiver, which would constitute a *de facto* extension of all reporting deadlines by 30 days. As proposed, the rule gives reporting entities the opportunity to remedy deficiencies in their submissions by providing reporting entities with the opportunity to request a 30-day extension for submission, and the opportunity to request a waiver as set forth in § 630.10. However, FTA revised the proposed rule to clarify that a reporting entity may submit its report on an extended deadline, as opposed to on the due date prescribed in the reference documents.
(d)Questionable Data Items FTA received two comments on the proposed § 630.8 “Questionable Data Items.” These commenters expressed concern that the proposed § 630.8 provided the possibility of an apportionment adjustment for the Section 5311 program based on deficiencies in data. These commenters highlighted that the relevant factors for the Section 5311 grant program apportionments are
(1)the non-urbanized area population, and
(2)land area and suggested that FTA amend the proposed § 630.6 to delete reference to modification of 5311 apportionments. One commenter asked FTA to clarify how it intends to use the NTD information for rural programs to gauge how the increased apportionments affect 5311 recipients when there is no previous data to analyze. *FTA Response:* FTA agrees that the proposed § 630.8 inadvertently provided the possibility of an apportionment adjustment for the Section 5311 program based on deficiencies in data. FTA notes that the relevant factors for the Section 5311 grant program apportionments are
(1)the population in nonurbanized areas, and
(2)the land area in nonurbanized areas. Accordingly, FTA revised the proposed rule to clarify that FTA does not use data from rural transit agencies in the apportionment of Section 5311 funds. FTA notes that there are some previous studies of rural transit service to rely upon for retrospective comparisons. Additionally, FTA notes that this data collection will provide a consistent time series for rural transit data forwarding the future.
(e)Notice of FTA Action FTA received two comments on the proposed § 630.9 “Notice of FTA action.” One commenter noted that FTA should not make adjustments to any data submitted without speaking or writing directly to the agency submitting the data. Another commenter expressed concern that the proposed language, “request the necessary information,” is insufficient notice to a reporting entity. This commenter recommended that FTA amend the proposed § 630.9 to specify that FTA's notice must “explain” to the agency what information the agency should provide to FTA. *FTA Response:* FTA reminds the first commenter that, as proposed in § 630.9, FTA transmits a written request to the reporting entity to provide the necessary information to FTA before it takes final agency action. In addition, when FTA identifies questionable data items in NTD submissions, FTA contacts the reporter in writing, and provides the reporter with an opportunity to either explain or revise the questionable data item. FTA revised the proposed § 630.7 to clarify this procedure. FTA believes that the revised language in § 630.7 and FTA's current practice, adequately addresses this commenters concern. FTA finds the suggested amendment unnecessary.
(f)Waiver of Reporting Requirements FTA received two comments on the proposed § 630.10 “Waiver of Reporting Requirements.” These commenters suggested that FTA personnel should have considerable flexibility to grant waivers, extensions or leniency to transit agencies attempting to comply, particularly in the initial years of implementation. One commenter suggested that FTA amend § 630.10 to add the following sentence: “Waivers of one or more of the requirements of this part may be granted for good cause shown. Each waiver will be for a specified period of time.” *FTA response:* FTA agrees that it should have flexibility to grant waivers. However, FTA declines to adopt the amendment as proposed by the commenter as FTA believes the proposed waiver provision already provides FTA with considerable flexibility to grant waivers to transit agencies attempting to comply.
(g)Proposed Appendix A to Part 630 FTA received two comments on the proposed Appendix A to Part 630. One commenter was unsure whether the auditor statement requirement set forth in Appendix A, Subsection F(2)(b) applied to all providers of transit using 5311 funds or only some. This commenter suggested that if FTA intends to impose such a requirement on only some Section 5311 providers, FTA should clarify this intent. This commenter suggested that if FTA intended to impose this requirement on all Section 5311 providers, FTA should indicate that FTA will require an audited statement on a case-by-case basis to avoid unnecessary costs and delays in filing. In particular, this commenter suggests that FTA reduce the burden of this requirement by requiring an audited statement for 5311 providers that have 20 or more vehicles in service. Another commenter suggested that FTA incorporate the CEO certification into the annual Certifications and Assurances. *FTA response:* FTA agrees that the proposed Appendix A to Part 630 caused a great deal of confusion, as it mixed the urbanized area NTD reporting requirements with the rural NTD reporting requirements, and duplicated information that is provided in the NTD Reporting Manuals. In order to ensure that the public has a single, consistent reference for NTD information, FTA is no longer proposing to include Appendix A as part of this rule. FTA believes that this change does not have a substantive effect on the regulated public since the same information is available in the NTD Reporting Manuals.
(h)Comments on the Proposed 2007 Rural NTD Module Reporting Manual FTA received three comments on the proposed 2007 Rural NTD Module Reporting Manual. Three commenters provided detailed comments on the proposed 2007 Rural NTD Module Reporting Manual. Although these comments are outside the scope of this rulemaking, FTA considered the comments in the process of finalizing the Rural NTD Reporting Manual.
(i)Additional Technical Revisions In addition to the revisions discussed above, FTA revised the proposed rule to update the proposed regulation and make certain provisions clearer. Such revisions include:
(1)Replacing the term “section 5335 report” with the term “NTD submission”,
(2)consistently using the definition of “reference documents,”
(3)updating the titles of the NTD Manuals,
(4)deleting reference to “optional report fields,”
(5)specifying that the apportionment in § 630.11 is the Section 5307 apportionment,
(6)combining § 630.4(a) with § 630.4(b),
(7)updating the statutory authority, and
(8)changing the title to reflect the commonly-used term “National Transit Database.” Additionally, FTA eliminated § 630.12, as it was redundant of existing requirements, and FTA removed language in § 630.4 that specified that FTA would annually mail CDs to reporters, as updated copies of the reference documents are electronically available on FTA's NTD Web site. Reporters without Internet access may continue to request a CD, and reporters without computer access may request a printed copy. These changes have no substantive effect on the regulated public. Pursuant to 5 U.S.C. 553(b)(3)(A), such changes are “interpretative” in nature and, FTA is not required to accept or consider comments on them. Regulatory Process Matters Executive Order 12866 Executive Order 12866 requires agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” This final rule amends the NTD reporting and recordkeeping requirements to require recipients of Nonurbanized Area Formula Grants to report annual transit data to the NTD following previously established guidelines for a voluntary State-based rural data module developed in consultation with State Departments of Transportation. FTA has determined that this action is not a significant regulatory action under section 3(f) of Executive Order 12866, and that the direct economic impact of this rulemaking would be minimal. Section 3033 of SAFETEA-LU amended 49 U.S.C. 5335 to require that recipients and beneficiaries of Nonurbanized Area Formula Grants report annual transit data to the NTD. This final rule clarifies existing regulatory requirements, and the changes adopted do not adversely affect, in any material way, any sector of the economy. In addition, the final rule does not interfere with any action taken or planned by another agency and does not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. Executive Order 13132 Executive Order 13132 requires agencies to assure meaningful and timely input by State and local officials in the development of regulatory policies that may have a substantial, direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. FTA analyzed the final rule in accordance with the principles and criteria contained in Executive Order 13132, and FTA determined that this final rule does not have sufficient implications to warrant the preparation of a federalism assessment. FTA also determined that this final rule does not preempt any State law or State regulation or affect States' abilities to discharge traditional government functions. Executive Order 13175 Executive Order 13175 requires agencies to assure meaningful and timely input from Indian tribal government representatives in the development of rules that significantly or uniquely affect Indian communities and that impose “substantial and direct compliance costs” on such communities. This final rule requires Indian tribes that are recipients of Nonurbanized Formula Program Grants to report to the NTD. In addition, this rule requires Indian tribes that are subrecipients of Nonurbanized Formula Program Grants to report NTD data to the State. FTA analyzed this rule under Executive Order 13175, and determined that the final rule does not have substantial direct effects on one or more Indian tribes; does not impose substantial direct compliance costs on Indian tribal governments; and does not preempt tribal laws. Therefore, a tribal impact statement is not required. Regulatory Flexibility Act Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 *et seq.* ), FTA must consider whether a proposed rule would have a significant economic impact on a substantial number of small entities. “Small entities” include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. FTA analyzed this rule under Regulatory Flexibility Act of 1980 and certifies that this final rule does not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ) (Pub. L. 104-13, 109 Stat. 163), FTA may not conduct or sponsor, and a person is not required to respond to or may not be penalized for failing to comply with, a collection of information unless it displays a currently valid Office of Management and Budget
(OMB)control number. OMB approved an extension of FTA paperwork collection number 2132-0008. The new expiration date of this collection number is August 31, 2008. On June 27, 2007, FTA sought to add the collection of rural data under the NTD to this collection number. This rule only has effect to the extent that the data collection provided for under this rule has approval under the Paperwork Reduction Act. Unfunded Mandates Assessment This rule does not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). This rule does not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $128.1 million or more in any one year (2 U.S.C. 1532). Further, in compliance with the Unfunded Mandates Reform Act of 1995, FTA evaluated any regulatory action that might be proposed in subsequent stages of the proceeding to assess the effects on State, local, and tribal governments and the private sector. National Environmental Policy Act The National Environmental Policy Act of 1969, (42 U.S.C. 4321-4347), requires Federal agencies to consider the consequences of major Federal actions and prepare a detailed statement on actions significantly affecting the quality of the human environment. The rule does not have any effect on the quality of the environment under the National Environmental Policy Act of 1969. Privacy Act Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comments (or signing the comment, if submitted on behalf of an association, business, or labor union). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://dms.dot.gov.* List of Subjects in 49 CFR Part 630 National Transit Database. For the reasons discussed in the preamble, the Federal Transit Administration revises 49 CFR part 630 as follows: PART 630—NATIONAL TRANSIT DATABASE Subpart A—General Sec. 630.1 Purpose. 630.2 Scope. 630.3 Definitions. 630.4 Requirements. 630.5 Failure to report data. 630.6 Late and incomplete reports. 630.7 Failure to respond to questions. 630.8 Questionable data items. 630.9 Notice of FTA action. 630.10 Waiver of reporting requirements. 630.11 Data adjustments. Authority: 49 U.S.C. 5307, 5311, 5335, and 49 CFR 1.51. § 630.1 Purpose. The purpose of this part is to prescribe requirements and procedures necessary for compliance with the National Transit Database Reporting System and Uniform System of Accounts, as mandated by 49 U.S.C. 5335, and to set forth the procedures for addressing a reporting entity's failure to comply with these requirements. § 630.2 Scope. This part applies to all applicants for, and any person that receives benefits directly from, a grant under 49 U.S.C. 5307 or 5311. § 630.3 Definitions.
(a)Except as otherwise provided, terms defined in 49 U.S.C. 5302 *et seq.* apply to this part.
(b)Except as otherwise provided, terms defined in the current editions of the National Transit Database Reporting Manuals and the NTD Uniform System of Accounts are used in this part as so defined.
(c)For purposes of this part: *Administrator* means the Federal Transit Administrator or the Administrator's designee. *Applicant* means an applicant for assistance under 49 U.S.C. 5307 or 5311. *Assistance* means Federal financial assistance for the planning, acquisition, construction, or operation of public transportation services. *Beneficiary* means any entity that receives benefits from assistance under 49 U.S.C. 5307 or 5311. *Current edition* of the National Transit Database Reporting Manuals and Uniform System of Accounts means the most recently issued editions of the reference documents. *Days* mean calendar days. *Reference Document(s)* means the current editions of the National Transit Database Reporting Manuals and Uniform System of Accounts. These documents are subject to periodic revision. Beneficiaries and applicants are responsible for using the current editions of the reference documents. *Reporting entity* means a transit agency, a State Department of Transportation that is a recipient of grants under 49 U.S.C. 5311, or a Federally-recognized Indian Tribe that is a direct recipient of grants under 49 U.S.C. 5311. *State Department of Transportation* means the Department of Transportation of a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, or the U.S. Virgin Islands. *Transit agency* means an entity providing public transportation as defined in 49 U.S.C. 5302. § 630.4 Requirements.
(a)*National Transit Database Reporting System.* Each applicant for and beneficiary of Federal financial assistance under 49 U.S.C. 5307 or 5311 must comply with the applicable requirements of 49 U.S.C. 5335, as set forth in the reference documents. State Departments of Transportation shall provide reports on behalf of their subrecipients of grants under 49 U.S.C. 5311 as specified in the reference documents. Transit agencies that are beneficiaries of grants under both 49 U.S.C. 5307 and 5311 must file an individual report as an urbanized area transit agency. Federally-recognized Indian Tribes that are direct beneficiaries of grants under 49 U.S.C. 5311 must file an individual report. State Departments of Transportation should not report on behalf of transit agencies that have filed individual reports as urbanized area transit agencies nor on behalf of Indian Tribes that are required to file an individual report.
(b)*Copies.* Copies of reference documents are available from the National Transit Database Web site located at *http://www.ntdprogram.gov.* These reference documents are subject to periodic revision. Revisions of reference documents will be posted on the National Transit Database Web site and a notice of any significant changes to the reporting requirements specified in these reference documents will be published in the **Federal Register** . § 630.5 Failure to report data. Failure to report data in accordance with this part will result in the noncompliant reporting entity being ineligible to receive any Section 5307 or 5311 grants directly or indirectly until such time as a report is filed in accordance with this part. § 630.6 Late and incomplete reports.
(a)*Late reports.* Each reporting entity shall ensure that FTA receives its report by the due dates prescribed in the reference documents. A reporting entity may request a 30 day extension to submit its report. FTA will treat a failure to submit the required report by the due date or the extension date as failure to report data under § 630.5.
(b)*Incomplete reports.* FTA will treat an NTD submission that does not contain all of the required data; or does not contain the required certifications, where applicable; or that is not in substantial conformance with the definitions, procedures, and format requirements set out in the reference documents as a failure to report data under § 630.5, unless the reporting entity has exhausted all possibilities for obtaining this information. § 630.7 Failure to respond to questions. FTA will review each NTD submission to verify the reasonableness of the data submitted. If any of the data do not appear reasonable, FTA will notify the reporting entity of this fact in writing, and request written justification from the reporting entity to either document the accuracy of the questioned data, or to revise the questioned data with a more accurate submission. Failure of a reporting entity to make a good-faith written response to this request will be treated as a failure to report data under § 630.5. § 630.8 Questionable data items. FTA may enter a zero, or adjust any questionable data item(s), in any reporting entity's NTD submission that is used in computing the Section 5307 apportionment. These adjustments may be made if any data appears to be inaccurate, have not been collected and reported in accordance with FTA reference documents, or if there is not adequate documentation and a reliable recordkeeping system. § 630.9 Notice of FTA action. Before taking final action under §§ 630.5 or 630.8, FTA will transmit a written request to the reporting entity to provide the necessary information within a specified reasonable period of time. FTA will advise the reporting entity of its final decision. § 630.10 Waiver of reporting requirements. Waivers of one or more sections of the reporting requirements may be granted at the discretion of the Administrator on a written showing that the party seeking the waiver cannot furnish the required data without unreasonable expense and inconvenience. Each waiver will be for a specified period of time. § 630.11 Data adjustments. Errors in the data used in making the Section 5307 apportionment may be discovered after any particular year's apportionment is completed. If so, FTA shall make adjustments to correct these errors in a subsequent year's apportionment to the extent feasible. Issued on: November 29, 2007 at Washington, DC. James S. Simpson, Administrator. [FR Doc. E7-23565 Filed 12-5-07; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 070913514-7517-01] RIN 0648-AW04 Pacific Halibut Fisheries; Subsistence Fishing; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correcting amendment. SUMMARY: This action corrects a spelling error in final regulations (FR Doc. 03-8822) that were published in the **Federal Register** on April 15, 2003 (68 FR 18145). This action is necessary to correct a typographical error of an organized tribal entity name in regulations that implement Pacific halibut subsistence fishing management measures. This correcting amendment makes minor, non-substantive changes and does not change operating practices in the subsistence fishery or the rights and obligations of subsistence fishermen managed under the subsistence halibut regulations off Alaska. DATES: Effective on May 15, 2003. FOR FURTHER INFORMATION CONTACT: Peggy Murphy, NMFS, 907-586-7228 or email at *peggy.murphy@noaa.gov* . SUPPLEMENTARY INFORMATION: A final rule published April 15, 2003, (68 FR 18145) implemented regulations to authorize and manage subsistence fishing of Pacific halibut ( *Hippoglossus stenolepis* ). These regulations appear at 50 CFR 300.65. This correcting amendment revises the table titled Halibut Regulatory Area 3B at § 300.65(g)(2) by correcting the spelling of “Qagan Toyagungin Tribe of Sand Point Village” under Organized Tribal Entity. The correct spelling is “Qagan Tayagungin Tribe of Sand Point Village”. Need for Correction Current reference to the Organized Tribal Entity Qagan Toyagungin Tribe of Sand Point Village at § 300.65(g)(2) needs to be corrected because the reference is not consistent with the list of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs published by the Department of Interior (72 FR 13648) on March 22, 2007. This correcting amendment corrects the spelling of the Organized Tribal Entity. Classification Pursuant to 5 U.S.C. 553(b)(B) of the Administrative Procedure Act, the Assistant Administrator for Fisheries finds good cause to waive the requirement to provide prior notice and opportunity for public comment on this correcting amendment to the Pacific halibut subsistence fishing regulations. Notice and comment are unnecessary because this action makes only a minor, non-substantive change to correct a typographical error. The amendment does not make any substantive change in the rights and obligations of subsistence halibut fishermen. No aspect of this action is controversial and no change in operating practices in the subsistence fishery is required. Because this action makes only the minor, non-substantive change to § 300.65(g)(2) described above, it is not subject to the 30-day delay in effective date requirement of 5 U.S.C. 553(d). List of Subjects in 50 CFR Part 300 Fisheries, Fishing, Indians, Reporting and recordkeeping requirements, Treaties. Dated: November 30, 2007. Samuel D. Rauch III Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. Accordingly, 50 CFR part 300 is corrected by making the following correcting amendment: PART 300—INTERNATIONAL FISHERIES REGULATIONS 1. The authority citation for 50 CFR part 300, continues to read as follows: Authority: 16 U.S.C. 773-773k. 2. In § 300.65, paragraph (g)(2), in the table titled “Halibut Regulatory Area 3B” the entry for “Sand Point” is revised to read as follows: § 300.65 Catch sharing plan and domestic management measures in waters in and off Alaska.
(g)* * *
(2)* * * Halibut Regulatory Area 3B Place with Tribal Headquarters Organized Tribal Entity * * * * * * * Sand Point Pauloff Harbor Village Native Village of Unga Qagan Tayagungin Tribe of Sand Point Village [FR Doc. E7-23695 Filed 12-5-07; 8:45 am] BILLING CODE 3510-22-S 72 234 Thursday, December 6, 2007 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 23, 25, 91, 121, 125, 135, and 139 [Docket No. FAA-2007-0152] Takeoff/Landing Performance Assessment Aviation Rulemaking Committee AGENCY: Federal Aviation Administration. ACTION: Notice and request for comments and participation. SUMMARY: By this notice, the Federal Aviation Administration
(FAA)announces the formation of an Aviation Rulemaking Committee to review regulations affecting certification and operation of airplanes and airports for airplane takeoff and landing operations on runways contaminated by snow, slush, ice, or standing water. This review may also encompass related portions of other regulations, as appropriate, and harmonization with other foreign aviation regulations. To get a copy of the Order that established this Aviation Rulemaking Committee go to; *http://www.faa.gov/about/committees/rulemaking/* . The FAA will establish a Takeoff/Landing Performance Assessment Aviation Rulemaking Committee to conduct this review and provide advice and recommendations to: a. Establish airplane certification and operational requirements (including training) for takeoff and landing operations on contaminated runways. b. Establish landing distance assessment requirements, including minimum landing distance safety margins, to be performed at the time of arrival. c. Establish standards for runway surface condition reporting and minimum surface conditions for continued operations. The FAA invites persons interested in serving on this committee or work groups to request membership in accordance with this notice. The FAA will select members to provide a balance of viewpoints, interests, and expertise. The subjects of the committee meetings will be highly technical and therefore require participants to have significant education background, technical background, and/or work experience for the committee to have the maximum benefit. Membership on the committee will be limited to facilitate discussions and to maintain a balance of interests. In addition, the FAA invites interested persons to submit specific, detailed written comments, or provide input on the affected regulatory sections. These comments will be considered in the committee discussions and will assist in determining future regulatory action. DATES: *Membership* : Persons interested in participating on the committee or work groups should submit their request on or before January 7, 2008. Selected members will be advised in writing of their participation and meeting details. *Comments:* The FAA will consider all comments on this regulatory review filed on or before February 4, 2008. We will consider comments filed late if it is possible to do so without incurring expense or delay. ADDRESSES: *Membership:* Persons requesting membership or participation on the Takeoff/Landing Performance Assessment Aviation Rulemaking Committee and/or associated work groups should make the request and supply the requested information via email to the person listed below under FOR FURTHER INFORMATION CONTACT . Send comments identified by Docket Number using any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and follow the online instructions for sending your comments electronically. • *Mail:* Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. • *Hand Delivery or Courier:* Bring comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:* Fax comments to Docket Operations at 202-493-2251. FOR FURTHER INFORMATION CONTACT: Mr. Jerry Ostronic, AFS-200, 800 Independence Ave., SW., Washington, DC 20591, e-mail: *Jerry.C.Ostronic@FAA.gov,* telephone:
(412)262-9034 Ext. 301, facsimile:
(202)267-5229. SUPPLEMENTARY INFORMATION: Background The Takeoff/Landing Performance Assessment ARC will provide a forum for the U.S. aviation community to discuss incorporating the recommended actions identified in Safety Alert for Operators
(SAFO)06012 into the regulatory requirements. Additionally, adding regulatory requirements for takeoff operations from contaminated runways and issues related to contaminated runway takeoff and landing operations relevant to part 139, Certification of Airports, will be discussed. These discussions will be focused on turbine powered aircraft including both turbojet and turboprop airplanes operated under parts 121, 135, 125, and 91 subpart K. Public Participation in the Aviation Rulemaking Committee *Membership.* The FAA invites members of the public to serve on the Takeoff/Landing Performance Assessment Aviation Rulemaking Committee and/or work groups. The committee will provide advice and recommendations to the FAA to assist the agency in establishing a regulatory framework that will address the added risk associated with takeoff and landing operations on runways with various forms of contamination. The committee acts solely in an advisory capacity. The committee will discuss and present whatever input, guidance, and recommendations it considers relevant. Because of the diversity and complexities of the Takeoff/Landing Performance Assessment Aviation Rulemaking Committee issues, the committee will be structured with a steering committee and specialized work groups. The steering committee will consist of members selected by the FAA representing aviation associations, industry representatives, employee groups, FAA and other government entities, and other participants to provide a balance of views, interests, and expertise. Membership on the steering committee will be limited to facilitate discussions. Priority will be given to those applicants representing an identified part of the aviation community who are empowered to speak for those interests. Additional participation is provided through the specialized work groups. At this time, the FAA is considering the establishment of work groups comprised of subject matter experts in the following subject areas: —14 CFR Part 25; Airplane Certification Takeoff and Landing Performance —14 CFR Part 23; Airplane Certification Takeoff and Landing Performance —14 CFR Part 121; Operations and training associated with takeoff and landing performance —14 CFR Parts 135, 125, and 91 Subpart K; Operations and training associated with takeoff and landing performance —14 CFR 139; Airport Certification and Operations —Current and new technologies for reporting and disseminating aircraft stopping capabilities on contaminated runways —Other work groups may be established if required. All non-government representatives serve without government compensation and bear all costs related to their participation on the steering committee or work groups. Members and participants should be available to attend all scheduled committee or work group meetings for the duration of the review. Make your request to participate on the steering committee or specialized work groups in writing on or before January 7, 2008. If wishing to participate on the Takeoff/Landing Performance Assessment Aviation Rulemaking Committee or its workgroups, please provide the following information (preferably by e-mail): Name: Title: Segment(s) of the industry or organization /association you represent: Organization Representing: Address: E-mail address: Telephone contact information: Specific area(s) of the committee in which you are interested in participating: Description of your education, technical background, and/or work experience in the area of the committee in which you would like to participate: Number of hours you will be available to participate in committee work per month in the first 90 days of the committee; in the first year; and beyond the first year, if necessary; and Number of days per month that you are available and have the financial capability to travel for committee activities. The FAA will notify all selected members and participants in writing in advance of the first meeting. *Comments.* As noted above, persons wishing to comment on this subject may do so until February 4, 2008. In order to provide information to the committee, the FAA requests that commenters be timely in their comments. Commenters should be as specific as possible and provide as much detail in comments as necessary to facilitate regulatory decision making. Comments should address the specific section of the regulation at issue, a detailed explanation of what needs to be changed and why, and the proposed regulatory change. Information on costs and benefits of the proposed change are particularly helpful. Comments provided in response to this notice will assist the FAA and committee in their review and deliberation. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E7-23740 Filed 12-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0289; Directorate Identifier 2007-NM-208-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 757 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for certain Boeing Model 757 series airplanes. This proposed AD would require sealing the fasteners on the front and rear spars inside the left and right main fuel tanks and on the lower panel of the center fuel tank. This proposed AD would also require inspections of the wire bundle support installations to verify if certain clamps are installed and if Teflon sleeving covers the wire bundles inside the left and right equipment cooling system bays, on the left and right rear spars, and on the left and right front spars; and corrective actions if necessary. This proposed AD results from a fuel system review conducted by the manufacturer. We are proposing this AD to prevent improperly sealed fasteners in the main and center fuel tanks from becoming an ignition source, in the event of a fault current, which could result in a fuel tank explosion and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by January 22, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Judy Coyle, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6497; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-0289; Directorate Identifier 2007-NM-208-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled “Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements” (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (“SFAR 88,” Amendment 21-78, and subsequent Amendments 21-82 and 21-83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate
(TC)and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this proposed AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Boeing has found that it is possible for some fuel tank fasteners, in the event of a fault current, to become an ignition source on Boeing Model 757 series airplanes. This condition, if not corrected, could result in a fuel tank explosion and consequent loss of the airplane. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007. The service bulletin describes procedures for sealing the fasteners on the front and rear spars inside the left and right main fuel tanks and sealing the fasteners on the lower panel of the center fuel tank. The service bulletin also describes procedures for doing general visual inspections of the wire bundle support installations to verify if certain full cushion clamps are installed and to confirm if the wire bundles are covered in Teflon sleeving at the following locations: Inside the left and right equipment cooling system bays, on the left and right rear spars, and on the left and right front spars. The service bulletin also describes procedures for doing corrective actions if necessary, which include replacing any incorrect clamps with certain full cushion clamps and installing any missing Teflon sleeving. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under “Difference between the Proposed AD and Service Bulletin.” Difference Between the Proposed AD and Service Bulletin The compliance table in paragraph 1.E. of the service bulletin recommends accomplishing the corrective actions (clamp replacement and installation of Teflon sleeving) within 5 years of the date on the service bulletin. This AD, however, would require accomplishing the corrective actions, if necessary, before further flight after accomplishing the inspections. We have coordinated this difference with Boeing. Costs of Compliance There are about 1,049 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 539 airplanes of U.S. registry. The proposed actions would take up to 545 work hours per airplane depending on the airplane configuration, at an average labor rate of $80 per work hour. Required parts would cost about $325 per airplane. Based on these figures, the estimated cost of the proposed AD for U.S. operators is up to $23,675,575, or up to $43,925 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **Boeing:** Docket No. FAA-2007-0289; Directorate Identifier 2007-NM-208-AD. Comments Due Date
(a)The FAA must receive comments on this AD action by January 22, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 757-200, -200CB, -200PF, and -300 series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007. Unsafe Condition
(d)This AD results from a fuel system review conducted by the manufacturer. We are issuing this AD to prevent improperly sealed fasteners in the main and center fuel tanks from becoming an ignition source, in the event of a fault current, which could result in a fuel tank explosion and consequent loss of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Fastener Sealing and Inspections
(f)Within 60 months after the effective date of this AD, seal the applicable fasteners and do the general visual inspections of the wire bundle support installations, and do all the applicable corrective actions before further flight, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Issued in Renton, Washington, on November 23, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-23639 Filed 12-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0284; Directorate Identifier 2004-SW-06-AD] RIN 2120-AA64 Airworthiness Directives; Sikorsky Aircraft Corporation Model S-61A, S-61D, S-61E, and S-61V Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This document proposes adopting a new airworthiness directive
(AD)for the specified Sikorsky Aircraft Corporation (Sikorsky) model helicopters. The AD would require installing an electric chip detector on each engine and an on-board chip detector annunciation system. The AD would also require revising the Rotorcraft Flight Manual
(RFM)to add procedures for crew response to the illumination of an on-board chip detector warning light. This AD would also require testing the engine chip detector system at specified intervals. This proposal is prompted by reports of Number 5 engine bearing failures. Failure of the bearing resulted in erratic movement of the high-speed, engine-to-transmission shaft (shaft), an oil leak, an in-flight fire, and an emergency landing. The actions specified by the proposed AD are intended to detect an impending bearing failure, which if undetected and not addressed by appropriate crew action may result in an oil leak, a severed shaft housing, an uncontained in-flight fire, and a subsequent emergency landing. DATES: Comments must be received on or before February 4, 2008. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this proposed AD from Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, Connecticut, phone
(203)383-4866, e-mail address *tsslibrary@sikorsky.com.* You may examine the comments to this proposed AD in the AD docket on the Internet at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Kirk Gustafson, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803, telephone
(781)238-7190, fax
(781)238-7170. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any written data, views, or arguments regarding this proposed AD. Send your comments to the address listed under the caption ADDRESSES . Include the docket number “FAA-2007-0284, Directorate Identifier 2004-SW-06-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent or signed the comment. You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). Examining the Docket You may examine the docket that contains the proposed AD, any comments, and other information in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone
(800)647-5527) is located in Room W12-140 on the ground floor of the West Building at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Discussion This document proposes adopting a new AD for Sikorsky Model S-61A, S-61D, S-61E, and S-61V helicopters with GE CT58 series engines. The AD would require, within 60 days, installing an electric chip detector for the Number 5 bearing in both engines. The AD would also require installing an on-board chip detector annunciation system and revising the Emergency Procedures section of the RFM to add procedures for crew response to the illumination of an on-board chip detector warning light. In addition, the AD would require functional testing of the chip detector system at specified intervals. This proposal is prompted by five reports of bearing failure, which results in an oil leak, uneven rotation of the shaft, failure of the shaft housing, which is part of the fire containment system, and friction. The heat produced by this friction may ignite the leaking oil and result in an uncontained fire. The actions specified by the proposed AD are intended to detect an impending bearing failure, which if undetected and not addressed by appropriate crew action may result in an oil leak, severed shaft housing, an uncontained in-flight fire, and a subsequent emergency landing. The FAA has reviewed Sikorsky Alert Service Bulletin No. 61B30-15A, Revision A, dated October 20, 2003 (ASB). The Sikorsky ASB describes procedures for installing an engine chip detector system that will provide an “in-cockpit monitoring system” as a means to detect metallic chips if bearing deterioration occurs in either engine. Also, the FAA has reviewed General Electric
(GE)Aircraft Engines CT58 Service Bulletin Number 72-0195, dated May 1, 2003 (SB). The GE SB describes procedures for installing an alternate electrical chip detector (either part number 3018T72P01, cannon-type connector, or 3049T42P01, stud-type connector) to the power turbine accessory drive assembly. This unsafe condition is likely to exist or develop on other helicopters of the same type design. Therefore, the proposed AD would require the following within 60 days: • Installing an electric chip detector on each engine. • Installing an on-board chip detector annunciation system. • Thereafter, before further flight and at specified intervals, performing a functional test of the chip detector system. • Revising the RFM to add emergency procedures for crew response to the illumination of an on-board chip detector warning light. The actions would be required to be done following specified portions of the the service bulletins described previously. The FAA estimates that this proposed AD would affect 7 helicopters of U.S. registry. The proposed actions would take about 81.5 work hours per helicopter to install the engine chip detector and the on-board cockpit annunciation system. The proposed repetitive tests would affect about 7 helicopters and require 6 tests per year and require 1 work hour per test for 10 years of operating service. The average labor rate is $80 per work hour. Required parts would cost about $1,940 per helicopter. Based on these figures, the total cost impact of the proposed AD on U.S. operators would be $92,820 for the entire fleet The regulations proposed herein would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this proposed regulation
(1)is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the draft economic evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **Sikorsky Aircraft Corporation:** Docket No. FAA-2007-0284; Directorate Identifier No. 2004-SW-06-AD. Applicability Model S-61A, S-61D, S-61E, and S-61V helicopters with GE CT 58 series engines installed, certificated in any category. Compliance Required within 60 days, unless accomplished previously. To detect an impending Number 5 engine bearing (bearing) failure, which if undetected and not addressed by appropriate crew action may result in an oil leak, severed shaft housing, an uncontained in-flight fire, and a subsequent emergency landing, do the following:
(a)Remove engine chip detector, part number (P/N) 205T33P01, and install engine chip detector, part number (P/N) 3049T42P01 or 3018T72P01, in the engine power turbine accessory drive assembly of each engine. Install the chip detector by following the Accomplishment Instructions, paragraph 3.B., of General Electric Aircraft Engines CT58 Service Bulletin Number 72-0195, dated May 1, 2003. Note: This AD neither requires installing GE CT58 engines nor replacing an engine power turbine accessory drive assembly that has a 5/16 inch magnetic plug port and applies only to Sikorsky Model S-61A, S-61D, S-61E, and S-61V helicopters with GE CT58 series engines installed.
(b)Install an on-board engine chip detector annunciation system by following the Accomplishment Instructions, paragraphs 3.B. or 3.C., as appropriate for the different manufacturers of the master warning caution panel, of the Sikorsky Aircraft Corporation Alert Service Bulletin No. 61B30-15A, Revision A, dated October 20, 2003 (Sikorsky ASB).
(c)After doing paragraph
(b)of this AD, before further flight, perform a functional test of the engine chip detector system. Repeat the test at intervals not to exceed 150 hours time-in-service. Conduct the tests following the Accomplishment Instructions, paragraph 3.D., of the Sikorsky ASB.
(d)Insert the emergency procedures contained in the Accomplishment Instructions, paragraph 3.E., of the Sikorsky ASB for an on-board engine chip detector warning indicator light into the Emergency Procedures section of the applicable Rotorcraft Flight Manual.
(e)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Boston Aircraft Certification Office, Engine and Propeller Directorate, FAA, for information about previously approved alternative methods of compliance.
(f)This amendment becomes effective on February 4, 2008. Issued in Fort Worth, Texas, on November 27, 2007. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-23604 Filed 12-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7747] 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 March 5, 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-7747, 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 Furnas County, Nebraska, and Incorporated Areas Medicine Creek Approximately 0.17 mile downstream of U.S. Highway 6 None +2257 City of Cambridge, Unincorporated Areas of Furnas County. Approximately 300 feet upstream of Road 409 None +2270 Republican River Approximately 3.18 miles downstream of State Highway 47 None +2243 City of Cambridge, Unincorporated Areas of Furnas County. Approximately 480 feet upstream of State Highway 47 +2266 +2263 * 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. Community Name City of Cambridge Maps are available for inspection at 722 Patterson Avenue, Cambridge, NE 69022. Unincorporated Areas of Furnas County Maps are available for inspection at 912 R Street, Beaver City, NE 68926. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: November 28, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23701 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7749] 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 March 5, 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-7749, 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: State City/town/county Source of flooding Location** * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Existing Modified City of Troy, Michigan Michigan City of Troy Hawthorn Drain Downstream side of Dequindre Road +630 +629 Approximately 750 feet upstream of Minnesota Road +634 +635 Michigan City of Troy Shanahan Drain (West of Henry Graham Drain) Inlet to Henry Graham Drain +642 +639 Downstream side of John R Road +645 +644 City of Troy Spencer-Barnard Drain
(East)Downstream side of Dequindre Road +631 +630 Upstream side of Minnesota Road +633 +632 City of Troy Spencer-Barnard Drain
(West)Upstream side of John R Road +638 +639 Approximately 1,800 feet upstream of Maple Road +663 +662 * 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 Troy Maps are available for inspection at 500 West Big Beaver Road, Troy, MI 48084. City of Sturgis, South Dakota South Dakota City of Sturgis Bear Butte Creek At eastern corporate limits None *3339 Approximately 3,400 feet upstream of DM&E railroad None *3566 City of Sturgis Cook Canyon Just downstream of DM&E railroad *3448 *3446 Just downstream of Interstate 90 *3476 *3480 City of Sturgis Deadman Gulch Approximately 200 feet downstream of Interstate 90 None *3528 At Elk Road None *3600 City of Sturgis Dolan Creek At confluence with Bear Butte Creek *3374 *3378 Approximately 200 feet upstream of Dolan Creek Road None *3570 City of Sturgis East Vanocker Creek At confluence with Vanocker Creek, downstream of Otter Road None *3529 Just downstream of DM&E railroad None *3554 City of Sturgis South Dolan Creek At confluence with Dolan Creek just upstream of Interstate 90 None *3503 At southern corporate limits None *3570 City of Sturgis Vanocker Creek At confluence with Vanocker Creek *3456 *3458 At Vanocker Road None *3595 City of Sturgis West Vanocker Creek At confluence with Vanocker Creek, just upstream of DM&E railroad None *3540 Just downstream of Pineview Drive None *3590 * 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 Sturgis Maps are available for inspection at 1040 Second Street, Suite 102, Sturgis, SD 57785. Flooding source(s) Location of referenced elevation ** * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Effective Modified Communities affected Putnam County, Georgia, and Incorporated Areas Rooty Creek Approximately 60 feet upstream of Oconee Springs Road None +452 City of Eatonton. Approximately 2,380 feet upstream of Sparta Highway/State Highway 16/State Highway 44 None +479 * 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 Eatonton Maps are available for inspection at 201 North Jefferson Avenue, Eatonton, GA 31204. Barry County, Michigan, and Incorporated Areas Bristol Lake Entire shoreline of Bristol Lake None +910 Township of Johnstown. Gull Lake Entire shoreline of Gull Lake None +882 Township of Barry, Township of Prairieville. Gun Lake Entire shoreline of Gun Lake None +746 Township of Orangeville, Township of Yankee Springs. Hathaway Lake Entire shoreline of Hathaway Lake None +791 Township of Rutland. Lake North Ridge Entire shoreline of Lake North Ridge None +870 City of Hastings. Mud Creek Confluence with Thornapple Lake None +803 Township of Castleton, Township of Woodland. Downstream side of Saddlebag Lake Road None +823 Thornapple River Approximately 0.5 mile upstream of Thornapple Lake Road +804 +805 Township of Castleton, Village of Nashville. Approximately 1 mile upstream of N Main Street +817 +814 Approximately 3 miles upstream of N Broadway Street None +771 Township of Hastings, Township of Rutland. Approximately 1.2 mile downstream of N Broadway Street None +773 * 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 Hastings Maps are available for inspection at 102 S Broadway Street, Hastings, MI. Township of Assyria Maps are available for inspection at 8094 Tasker, Bellevue, MI. Township of Baltimore Maps are available for inspection at 3100 E. Dowling Road, Hastings, MI. Township of Barry Maps are available for inspection at 155 E. Orchard Street, Delton, MI. Township of Carlton Maps are available for inspection at 85 Welcome Road, Hastings, MI. Township of Castleton Maps are available for inspection at 915 Reed Street, Nashville, MI. Township of Hastings Maps are available for inspection at 885 River Road, Hastings, MI. Township of Hope Maps are available for inspection at 5463 S. M-43 Highway, Hastings, MI. Township of Irving Maps are available for inspection at 3425 Wing Road, Hastings, MI. Township of Johnstown Maps are available for inspection at 13641 South M-37 Highway, Battle Creek, MI. Township of Maple Grove Maps are available for inspection at 721 Durkee, Nashville, MI. Township of Orangeville Maps are available for inspection at 7350 Lindsey Road, Plainwell, MI. Township of Prairieville Maps are available for inspection at 10115 S. Norris Road, Delton, MI. Township of Rutland Maps are available for inspection at 2461 Heath Road, Hastings, MI. Township of Thornapple Maps are available for inspection at 200 E Main Street, Middleville, MI. Township of Woodland Maps are available for inspection at 156 S. Main Street, Woodland, MI. Township of Yankee Springs Maps are available for inspection at 284 N. Briggs Road, Middleville, MI. Village of Freeport Maps are available for inspection at 200 S. State Street, Freeport, MI. Village of Middleville Maps are available for inspection at 100 E. Main Street, Middleville, MI. Village of Nashville Maps are available for inspection at 206 N. Main Street, Nashville, MI. Village of Woodland Maps are available for inspection at 171 N. Main Street, Woodland, MI. Kalamazoo County, Michigan, and Incorporated Areas Flowerfield Creek Approximately 0.6 mile downstream of West YZ Avenue None +843 Township of Prairie Ronde. Approximately 25 feet upstream of 22nd Street None +890 East Tributary Confluence of Flowerfield Creek None +858 Township of Prairie Ronde. Approximately 100 feet upstream of West W Avenue None +878 West Tributary Confluence of Flowerfield Creek None +873 Township of Prairie Ronde. Approximately 100 feet upstream of West W Avenue None +886 Gourdneck Lake Entire shoreline of Gourdneck Lake None +853 Township of Schoolcraft. Grass Lake Entire shoreline of Grass Lake None +879 Township of Richland. Gull Lake Entire shoreline of Gull Lake None +882 Township of Richland, Township of Ross. Kalamazoo River Approximately 75 feet upstream side of S 35th Street None +779 City of Galesburg. Approximately 150 feet upstream of Climax Drive None +786 Approximately 600 feet east of the intersection of W G Avenue and N Pitcher Street at the City of Parchment/Charter Township of Cooper corporate limits None +755 City of Parchment. Approximately 25 feet downstream of E Mosel Avenue None +759 Little Sugarloaf Lake. Entire shoreline of Little Sugarloaf Lake None +860 Township of Schoolcraft. Entire shoreline of Little Sugarloaf Lake +861 +860 City of Portage. Spring Creek Approximately 0.9 mile downstream of S 15th Street None +834 Township of Schoolcraft. Approximately 400 feet upstream of S 14th Street None +855 Sugarloaf (Lower) Lake Entire shoreline of Sugarloaf (Lower) Lake None +859 Township of Schoolcraft. Sugarloaf (Upper) Lake Entire shoreline of Sugarloaf (Upper) Lake None +861 Township of Schoolcraft. Weeds Lake Entire shoreline of Weeds Lake None +882 Charter Township of Texas. * 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 Charter Township of Oshtemo Maps are available for inspection at 7275 W Main Street, Kalamazoo, MI. Charter Township of Texas Maps are available for inspection at 7110 W. Q Avenue, Kalamazoo, MI. City of Galesburg Maps are available for inspection at 200 E Michigan Avenue, Galesburg, MI. City of Kalamazoo Maps are available for inspection at 241 W South Street, Kalamazoo, MI. City of Parchment Maps are available for inspection at 650 South Riverview Drive, Parchment, MI. City of Portage Maps are available for inspection at 7900 S. Westnedge Avenue, Portage, MI. Township of Alamo Maps are available for inspection at 7901 N. 6th Street, Kalamazoo, MI. Township of Brady Maps are available for inspection at 13123 South 24th Street, Vicksburg, MI. Township of Charleston Maps are available for inspection at 1499 South 38th Street, Galesburg, MI. Township of Climax Maps are available for inspection at 151 South Main, Climax, MI. Township of Comstock Maps are available for inspection at 6138 King Highway, Comstock, MI. Township of Cooper Maps are available for inspection at 1590 W D Avenue, Kalamazoo, MI. Township of Kalamazoo Maps are available for inspection at 1720 Riverview Drive, Kalamazoo, MI. Township of Pavilion Maps are available for inspection at 7510 Q Avenue E, Scotts, MI. Township of Prairie Ronde Maps are available for inspection at 8140 West W Avenue, Schoolcraft, MI. Township of Richland Maps are available for inspection at 7401 N 32nd Street, Richland, MI. Township of Ross Maps are available for inspection at 12086 E M-89, Richland, MI. Township of Schoolcraft Maps are available for inspection at 50 E. VW Avenue, Vicksburg, MI. Township of Wakeshma Maps are available for inspection at 13988 South 42nd St, Fulton, MI. Village of Augusta Maps are available for inspection at 109 W Clinton Street, Augusta, MI. Village of Climax Maps are available for inspection at 114 East Maple Street, Climax, MI. Village of Richland Maps are available for inspection at 8100 North 32nd Street, Richland, MI. Village of Schoolcraft Maps are available for inspection at 154 W. Eliza Street, Schoolcraft, MI. Village of Vicksburg Maps are available for inspection at 126 N Kalamazoo Avenue, Vicksburg, MI. Bertie County, North Carolina, and Incorporated Areas Barbeque Swamp Approximately 0.8 mile downstream of the Bertie/Hertford County boundary None +13 Unincorporated Areas of Bertie County. Approximately 1.2 miles upstream of Meadow Road (State Road 1312) None +50 Beaverdam Swamp At the confluence with Loosing Swamp None +32 Unincorporated Areas of Bertie County. Approximately 2.5 miles upstream of the confluence with Loosing Swamp None +41 Black Walnut Swamp Approximately 3.1 miles upstream of the confluence with Albemarle Sound None +6 Unincorporated Areas of Bertie County. Approximately 4.4 miles upstream of the confluence with Albemarle Sound None +18 Chinkapin Swamp At the Bertie/Herftford County boundary None +14 Unincorporated Areas of Bertie County, Town of Colerain. Approximately 2.2 miles upstream of NC 42 Highway None +48 Cricket Swamp Approximately 100 feet upstream of NC 45 None +12 Unincorporated Areas of Bertie County. Approximately 0.8 mile upstream of Holley Road (State Road 1387) None +50 Cypress Swamp At the confluence with Chinkapin Swamp None +21 Unincorporated Areas of Bertie County. Approximately 0.7 mile upstream of Nowell Farm Road (State Road 1314) None +49 Eason Swamp At the confluence with Loosing Swamp and Wildcat Swamp None +37 Unincorporated Areas of Bertie County. Approximately 1.3 miles upstream of Sheriff Garrett Road (State Road 1246) None +47 Eastmost Swamp Approximately 10 feet upstream of Nixon Road (State Road 1354) None +43 Unincorporated Areas of Bertie County. Approximately 1,950 feet upstream of Perrytown Road (State Road 1344) None +58 Tributary 1 Approximately 20 feet upstream of Farless Road (State Road 1355) None +35 Unincorporated Areas of Bertie County. Approximately 0.9 mile upstream of Farless Road None +38 Tributary 2 Approximately 20 feet upstream of NC 45 None +41 Unincorporated Areas of Bertie County. Approximately 0.7 mile upstream of the confluence of Eastmost Swamp Tributary 2A None +48 Tributary 2A At the confluence with Eastmost Swamp Tributary 2 None +41 Unincorporated Areas of Bertie County. Approximately 170 feet downstream of Blackrock Road (State Road 1358) None +51 Fort Branch At the Town of Aulander Extraterritorial Jurisdiction/Hertford County boundary None +55 Unincorporated Areas of Bertie County, Town of Aulander. Approximately 1,430 feet upstream of East Elm Street None +64 Tributary 1 At the confluence with Fort Branch None +60 Town of Aulander. Approximately 0.5 mile upstream of North Commerce Street None +71 Tributary 2 At the confluence with Fort Branch None +61 Town of Aulander. Approximately 1,030 feet upstream of Bell Street None +69 Loosing Swamp At the confluence with Quidccoson Swamp None +27 Unincorporated Areas of Bertie County. At the confluence of Eason Swamp and Wildcat Swamp None +37 Tributary 1 At the confluence with Loosing Swamp None +28 Unincorporated Areas of Bertie County. Approximately 1.2 miles upstream of the confluence with Loosing Swamp None +41 Quidccoson Swamp At the confluence with Loosing Swamp None +27 Unincorporated Areas of Bertie County. Approximately 0.4 mile upstream of Cremo Road (State Road 1313) None +52 Swamp Tributary 1 At the confluence with Quidccoson Swamp None +27 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of the confluence with Quidccoson Swamp None +36 Swamp Tributary 2 At the confluence with Quidccoson Swamp None +32 Unincorporated Areas of Bertie County. Approximately 1.1 miles upstream of U.S. 13 Highway None +48 Swamp Tributary 3 At the confluence with Quidccoson Swamp None +35 Unincorporated Areas of Bertie County. Approximately 0.9 mile upstream of the confluence with Quidccoson Swamp None +49 Swamp Tributary 4 At the confluence with Quidccoson Swamp None +44 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of the confluence with Quidccoson Swamp None +53 Stony Creek Approximately 1,100 feet downstream of the Bertie/Hertford County boundary None +25 Unincorporated Areas of Bertie County. The confluence of Loosing Swamp None +27 Unnamed Tributary #1 Approximately 10 feet upstream of NC 17 None +21 Unincorporated Areas of Bertie County. Approximately 0.7 mile upstream of U.S. 17 Highway N None +23 Wildcat Swamp At the confluence with Loosing Swamp and Eason Swamp None +37 Unincorporated Areas of Bertie County. Approximately 1,240 feet upstream of the confluence of Wildcat Swamp Tributary 2 None +39 Tributary 1 At the confluence with Wildcat Swamp None +37 Unincorporated Areas of Bertie County. Approximately 1.0 mile upstream of the confluence with Wildcat Swamp None +44 Tributary 2 At the confluence with Wildcat Swamp None +39 Unincorporated Areas of Bertie County. Approximately 0.8 mile upstream of the confluence with Wildcat Swamp None +42 * 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 Unincorporated Areas of Bertie County Maps are available for inspection at Bertie County Building Inspections Department, 106 Dundee Street, Windsor, NC. Town of Aulander Maps are available for inspection at Town of Aulander Municipal Building, 124 West Main Street, Aulander, NC. Town of Colerain Maps are available for inspection at Colerain Town Hall, 101 B. Winton Road, Colerain, NC. Caldwell County, North Carolina, and Incorporated Areas Little Gunpowder Creek (near Town of Hudson) At confluence with Gunpowder Creek None +1046 Unincorporated Areas of Caldwell County, Town of Cajahs Mountain, Town of Granite Falls, Town of Hudson, Town of Sawmills. Approximately 1.4 miles upstream of Little Gunpowder Creek Drive None +1261 Zacks Fork Creek At the confluence with Lower Creek +1092 +1088 Unincorporated Areas of Caldwell County, City of Lenoir. Approximately 800 feet downstream of Northeast Georgetown Road +1140 +1139 * 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 Lenoir Maps are available for inspection at Lenoir City Hall, 801 West Avenue Northwest, 3rd Floor, Lenoir, NC. Town of Cajahs Mountain Maps are available for inspection at Cajahs Mountain Town Hall, 1800 Connelly Springs Road, Lenoir, NC. Town of Granite Falls Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, NC. Town of Hudson Maps are available for inspection at Hudson Town Hall, 550 Central Street, Hudson, NC. Town of Sawmills Maps are available for inspection at Sawmills Town Hall, 4076 U.S. Highway 321A, Sawmills, NC. Unincorporated Areas of Caldwell County Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC. Forsyth County, North Carolina, and Incorporated Areas Abbotts Creek Approximately 600 feet downstream of Shields Road +885 +886 Town of Kernersville. Approximately 40 feet downstream of Lindsay Street None +921 Tributary 2 Approximately 350 feet upstream of the confluence with Abbotts Creek None +866 Unincorporated Areas of Forsyth County, Town of Kernersville. Approximately 0.4 mile upstream of I-40 Highway None +886 Tributary 2A At the confluence with Abbotts Creek Tributary 2 None +866 Town of Kernersville. Approximately 1,250 feet upstream of the confluence with Abbotts Creek Tributary 2 None +888 Bashavia Creek At the confluence with Yadkin River None +733 Unincorporated Areas of Forsyth County, Town of Lewisville. Approximately 580 feet upstream of Balsom Road (State Road 1455) None +829 Beaver Dam Creek Approximately 250 feet upstream of the confluence with Muddy Creek +819 +820 Village of Tobaccoville. Approximately 100 feet downstream of Shore Road (State Road 1632) None +822 Tributary At the confluence with Beaver Dam Creek None +821 Village of Tobaccoville. Approximately 800 feet upstream of the confluence with Beaver Dam Creek None +826 Berry Branch Approximately 0.4 mile upstream of Peachtree Street None +781 City of Winston-Salem. Approximately 0.5 mile upstream of Peachtree Street None +784 Bethabara Branch Approximately 0.7 mile upstream of Bethabara Road None +818 City of Winston-Salem. Approximately 300 feet downstream of Shattalon Drive (State Road 1686) None +822 Bill Branch Approximately 80 feet upstream of the dam None +784 Unincorporated Areas of Forsyth County. Approximately 0.5 mile upstream of the dam None +785 Blacks Creek At the confluence with Double Creek None +708 Unincorporated Areas of Forsyth County. Approximately 350 feet upstream of Concord Church Road (State Road 1171) None +716 Blanket Bottom Creek At the confluence with Yadkin River None +701 Unincorporated Areas of Forsyth County, Town of Lewisville, Village of Clemmons. Approximately 1,950 feet upstream of Kensford Drive None +883 Brushy Fork At the Forsyth/Davidson County boundary None +850 Unincorporated Areas of Forsyth County. Approximately 20 feet upstream of the Forsyth/Davidson County boundary None +850 Tributary Approximately 1,200 feet upstream of the confluence with Brushy Fork Creek None +790 City of Winston-Salem. Approximately 1,850 feet upstream of the confluence with Brushy Fork Creek None +796 Caudle Branch At the confluence with Yadkin River None +714 Unincorporated Areas of Forsyth County. Approximately 1,040 feet upstream of Hounds Ridge Road None +730 Cloverleaf Branch Approximately 650 feet upstream of Stadium Drive None +791 City of Winston-Salem. Approximately 210 feet upstream of U.S. Route 421 None +815 Crooked Run Creek Tributary At the Forsyth/Stokes County boundary None +935 Unincorporated Areas of Forsyth County, Village of Tobaccoville. Approximately 500 feet upstream of the confluence of Crooked Run Creek Tributary 2 of Tributary None +977 Tributary 2 At the confluence with Crooked Run Creek Tributary None +970 Unincorporated Areas of Forsyth County, Village of Tobaccoville. Approximately 1,200 feet upstream of the confluence with Crooked Run Creek Tributary None +986 Double Creek At the confluence with Yadkin River None +708 Unincorporated Areas of Forsyth County. Approximately 0.7 mile upstream of the confluence of Blacks Creek None +708 Ellison Creek At the confluence with Yadkin River None +705 Unincorporated Areas of Forsyth County, Town of Lewisville. Approximately 1.1 miles upstream of Styers Ferry Road (State Road 1166) None +720 Fries Branch At the confluence with Fries Creek +804 +801 Unincorporated Areas of Forsyth County. Approximately 140 feet upstream of Walker Road (State Road 1470) +844 +846 Fries Creek At the confluence with Yadkin River None +739 Unincorporated Areas of Forsyth County. Approximately 0.6 mile upstream of Waller Road (State Road 1470) +819 +822 Harmon Mill Creek Approximately 50 feet downstream side of Masten Drive None +882 Unincorporated Areas of Forsyth County, Town of Kernersville. Approximately 0.4 mile upstream of Masten Drive None +892 Hartley Creek Approximately 350 feet upstream of the confluence with Belews Creek None +759 Unincorporated Areas of Forsyth County. Approximately 1.9 mile upstream of the confluence with Belews Creek None +796 Hauser Creek At the confluence with Ellison Creek None +705 Unincorporated Areas of Forsyth County. Approximately 0.9 mile upstream of the confluence with Ellison Creek None +718 Johnson Creek At the confluence with Yadkin River +707 +698 Unincorporated Areas of Forsyth County, Village of Clemmons. Approximately 0.6 mile upstream of Middlebrook Drive None +768 Tributary At the confluence with Johnson Creek +707 +698 Unincorporated Areas of Forsyth County, Village of Clemmons. Approximately 300 feet upstream of Carriagebrook Court None +727 Tributary 2 At the confluence with Johnson Creek None +708 Village of Clemmons. Approximately 360 feet upstream of Doublegate Drive None +779 Kerners Mill Creek Approximately 700 feet downstream of Southern Street None +929 Town of Kernersville. Approximately 1,560 feet upstream of Southern Street None +954 Tributary Approximately 1,000 feet upstream of the confluence with Kerners Mill Creek None +899 Town of Kernersville. Approximately 390 feet upstream of Deere-Hitachi Road None +958 Lowery Mill Creek Approximately 1,050 feet downstream of New Walkertown Road/U.S. Highway 311 None +894 Unincorporated Areas of Forsyth County. Approximately 330 feet downstream of New Walkertown Road/U.S. Highway 311 None +901 Mary Reich Creek At the Forsyth/Davidson County boundary None +811 Unincorporated Areas of Forsyth County. Approximately 0.9 mile upstream of the Forsyth/Davidson County boundary None +835 Mill Creek No. 3 Approximately 0.9 mile upstream of Bowens Road (State Road 1625) None +869 Unincorporated Areas of Forsyth County, Village of Tobaccoville. Approximately 840 feet upstream of Tobaccoville Road None +999 Mill Creek Tributary Approximately 830 feet upstream of East Hanes Mill Road None +824 City of Winston-Salem. Approximately 1,190 feet upstream of East Hanes Mill Road None +830 Mill Creek West At the confluence with Yadkin River None +730 Unincorporated Areas of Forsyth County, Town of Lewisville. Approximately 0.4 mile upstream of Wyntfield Drive None +822 Muddy Creek At the downstream side of Interstate 40 +711 +710 Unincorporated Areas of Forsyth County, City of Winston-Salem, Village of Clemmons. Approximately 0.9 mile upstream of South Peace Haven Road (State Road 1140) +717 +718 Tributary Approximately 200 feet upstream of Cedar Trails None +758 City of Winston-Salem. Approximately 1,000 feet upstream of Cedar Trails None +778 Tributary 1A Approximately 400 feet upstream of the confluence with Muddy Creek Tributary +749 +748 City of Winston-Salem. Approximately 0.4 mile upstream of the confluence with Muddy Creek Tributary None +791 Old Richmond Creek At the confluence with Yadkin River None +753 Unincorporated Areas of Forsyth County. Approximately 2.7 miles upstream of Donnaha Road (State Road 1600) None +844 Panther Creek At the confluence with Double Creek None +708 Unincorporated Areas of Forsyth County. Approximately 0.8 mile upstream of Williams Road (State Road 1173) None +717 Tributary 1 At the confluence with Panther Creek None +708 Unincorporated Areas of Forsyth County. Approximately 0.6 mile upstream of the confluence with Panther Creek None +723 Parkway Branch At the confluence with Salem Creek +740 +742 City of Winston-Salem. Approximately 1,580 feet upstream of South Main Street None +826 Peters Creek Approximately 1,260 feet upstream of the confluence of North School Branch None +836 City of Winston-Salem. Approximately 1,550 feet upstream of the confluence of North School Branch None +837 Reedy Fork (Stream No. 51) At the Forsyth/Guilford County boundary None +878 Unincorporated Areas of Forsyth County, Town of Kernersville. Approximately 0.6 mile upstream of the Forsyth/Guilford County boundary None +892 Reynolds Creek Approximately 1,500 feet upstream of Fairhaven Road None +781 Town of Lewisville. Approximately 0.8 mile upstream of Fairhaven Road None +810 Salem Creek Approximately 100 feet downstream of Ebert Road +728 +727 Unincorporated Areas of Forsyth County, City of Winston-Salem. Approximately 250 feet upstream of Silas Creek Parkway/NC Highway 67 +745 +746 Silas Creek Approximately 0.6 mile upstream of Old Town Club Drive None +889 City of Winston-Salem. Approximately 90 feet downstream of University Parkway None +896 South Fork Muddy Creek Approximately 350 feet downstream of High Point Road None +877 Unincorporated Areas of Forsyth County, City of Winston-Salem. Approximately 0.8 mile upstream of Temple School Road (State Road 2685) None +935 Spurgeon Creek At the Forsyth/Davidson County boundary None +819 Unincorporated Areas of Forsyth County. Approximately 0.9 mile upstream of the Davidson/Forsyth County boundary None +847 Terry Road Branch Approximately 75 feet downstream of Terry Road None +883 City of Winston-Salem. Approximately 300 feet upstream of Salem Gardens Drive None +917 Tomahawk Branch Approximately 300 feet upstream of Twin Meadows Drive +785 +784 Unincorporated Areas of Forsyth County, Town of Lewisville. Approximately 300 feet downstream of Robinhood Road +789 +794 Yadkin River At the Forsyth/Davidson County boundary None +691 Unincorporated Areas of Forsyth County, Town of Lewisville, Village of Clemmons. Approximately 700 feet upstream of the Forsyth/Surry County boundary None +758 Tributary 4 At the confluence with Yadkin River None +702 Unincorporated Areas of Forsyth County, Village of Clemmons. Approximately 0.9 mile upstream of the confluence with Yadkin River None +718 Tributary 5 At the confluence with Yadkin River None +713 Unincorporated Areas of Forsyth County. Approximately 740 feet upstream of Williams Road (State Road 1173) None +732 Tributary 6 At the confluence with Yadkin River None +723 Unincorporated Areas of Forsyth County. Approximately 0.7 mile upstream of the confluence with Yadkin River None +727 Tributary 7 At the confluence with Yadkin River None +724 Unincorporated Areas of Forsyth County. Approximately 0.6 mile upstream of the confluence with Yadkin River None +734 Tributary 8 At the confluence with Yadkin River None +727 Unincorporated Areas of Forsyth County. Approximately 1.0 mile upstream of the confluence with Yadkin River None +731 * 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 Winston-Salem Maps are available for inspection at City of Winston-Salem Inspections Department, 100 East First Street, Suite 328, Winston-Salem, NC. Town of Bethania Maps are available for inspection at Bethania Town Hall, 5490 Bethania Road, Bethania, NC. Town of Kernersville Maps are available for inspection at Kernersville Town Hall, Planning Department, 134 East Mountain Street, Kernersville, NC. Town of Lewisville Maps are available for inspection at Lewisville Town Hall, 6550 Shallowford Road, Lewisville, NC. Town of Rural Hall Maps are available for inspection at Rural Hall Town Hall, 423 Bethania-Rural Hall Road, Rural Hall, NC. Town of Walkertown Maps are available for inspection at Walkertown Town Hall, 5177 Main Street, Walkertown, NC. Unincorporated Areas of Forsyth County Maps are available for inspection at Forsyth City/County Planning Board Office, 100 East First Street, Winston-Salem, NC. Village of Clemmons Maps are available for inspection at Clemmons Village Hall, 3715 Clemmons Road, Clemmons, NC. Village of Tobaccoville Maps are available for inspection at Tobaccoville Village Hall, 6936 Doral Drive, Tobaccoville, NC. Washington County, Oregon, and Incorporated Areas Beal Creek Approximately 750 feet upstream from Highway 47 None *166 City of Forest Grove, Unincorporated Areas of Washington County. Approximately 765 feet upstream from Main St None *169 Beaverton Creek Approximately 20 feet upstream of SW 197th Ave *155 *157 City of Beaverton, City of Hillsboro, Unincorporated Areas of Washington County. Approximately 870 feet upstream from SW Laurelwood Ave None *263 Bethany Creek Approximately 0.21 miles downstream from NW 185th Ave *169 *170 Unincorporated Areas of Washington County. Approximately 0.58 miles downstream from NW West Union Rd None *184 Bronson Creek Approximately 65 feet downstream of NW Anzalone Dr *152 *155 City of Beaverton, City of Hillsboro, Unincorporated Areas of Washington County. Approximately 1.0 miles upstream from NW West Union Rd *232 *234 Butternut Creek Approximately 940 feet downstream of SW 209th Ave *160 *161 Unincorporated Areas of Washington County. Approximately 125 feet downstream of SW Farmington Rd *195 *196 Cedar Creek Approximately 0.5 miles downstream of SW Edy Rd *140 *141 Town of Sherwood, Unincorporated Areas of Washington County. Approximately 610 feet upstream of SW Sunset Blvd None *172 Cedar Mill Creek Approximately 0.6 miles downstream of P&W Railroad Bridge *168 *167 City of Beaverton, Unincorporated Areas of Washington County. Approximately 90 feet upstream of NW 113th Ave None *297 North Overflow Approximately 640 feet downstream of SW Rita Dr None *203 City of Beaverton, Unincorporated Areas of Washington County. Approximately 250 feet upstream of SW 131st Ave None *209 South Overflow Approximately 160 feet downstream of SW Butner Rd None *193 City of Beaverton, Unincorporated Areas of Washington County. Approximately 40 feet upstream of SW Evergreen St None *202 Upper North Overflow Approximately 120 feet downstream of confluence with Cedar Mill Creek None *209 City of Beaverton, Unincorporated Areas of Washington County. Approximately 70 feet downstream of confluence with Cedar Mill Creek None *210 Celebrity Creek Approximately 160 feet downstream of SW 198th Ave None *172 Unincorporated Areas of Washington County. Approximately 115 feet downstream of SW Farmington Rd None *208 Chicken Creek Approximately 0.8 miles downstream of SW Roy Rogers Rd None *131 Town of Sherwood, Unincorporated Areas of Washington County. Approximately 35 feet upstream of SW Edy Rd None *154 West Tributary Approximately 425 feet upstream of SW Elwert Rd None *149 Unincorporated Areas of Washington County. Approximately 0.3 miles upstream of SW Elwert Rd None *153 Council Creek Approximately 0.25 miles downstream of NW Hobbs Rd *151 *153 Unincorporated Areas of Washington County. Approximately .39 miles downstream of Beal Rd *163 *162 Dairy Creek Approximately 85 feet downstream of P&W Railroad *147 *149 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 580 feet upstream of confluence with Council Creek *151 *153 Dawson Creek Approximately 317 feet upstream NW Brookwood Ave *147 *148 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 0.3 miles upstream of NW Shute Rd None *180 Deer Creek Approximately 475 feet downstream of NW Kahneeta Dr None *172 Unincorporated Areas of Washington County. Approximately 90 feet upstream of NW 174th Ave None *199 Erickson Creek Approximately 211 feet upstream of SW 144th Ave *170 *171 City of Beaverton. Approximately 322 feet upstream of SW 10th Street Bridge *198 *199 Glencoe Swale Approximately 980 feet upstream from confluence with McKay Creek *151 *153 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 0.5 miles upstream of NW Sewell Rd None *197 Golf Creek Approximately 390 feet upstream from confluence with Hall Creek None *195 City of Beaverton, Unincorporated Areas of Washington County. Approximately 0.5 miles upstream of NW Sewell Rd None *219 Gordon Creek Approximately 275 feet upstream of SW River Rd None *143 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 0.25 miles upstream of SW 229th Ave None *193 Hall Center Creek Approximately 0.1 miles downstream of SW Center St *176 *178 City of Beaverton, Unincorporated Areas of Washington County. Approximately 0.4 miles upstream of SW Center St *177 *179 Hall Creek Approximately 175 feet downstream from confluence with Hall Center Creek *176 *178 City of Beaverton, Unincorporated Areas of Washington County. Approximately 45 feet downstream of SW 87th Ave None *252 106th Trib Approximately 235 feet downstream of SW 110th Ave None *188 City of Beaverton, Unincorporated Areas of Washington County. Approximately 600 feet downstream of SW 106th Ave None *242 South Fork Approximately 500 feet downstream of SW 96th Ave None *209 City of Beaverton, Unincorporated Areas of Washington County. Approximately 500 feet upstream of SW 86th Ave None *257 Hedges Creek Approximately 0.7 miles upstream of SW Teton Ave None *125 City of Tualatin, Unincorporated Areas of Washington County. Approximately 200 feet upstream of SW Tualatin Rd None *138 Holcomb Creek Approximately 500 feet upstream from confluence with Rock Creek North None *175 Unincorporated Areas of Washington County. Approximately 0.15 miles upstream of NW Plastics Dr None *208 McKay Creek Approximately 0.15 miles upstream from confluence with Dairy Creek *151 *153 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 370 feet downstream of NW West Union Rd *171 *170 North Johnson Creek Approximately 200 feet downstream of SW Far Vista St *185 *184 City of Beaverton, Unincorporated Areas of Washington County. Approximately 0.15 miles upstream from confluence with North Johnson Creek—East Tributary None *303 East Tributary Approximately 335 feet downstream of SW Taylor St None *246 Unincorporated Areas of Washington County. Approximately 0.3 miles upstream of SW Taylor St None *323 North Tributary Approximately 550 feet upstream from confluence with North Johnson Creek None *218 City of Beaverton, Unincorporated Areas of Washington County. Approximately 0.2 miles upstream of NW 112th St None *340 Rock Creek North Approximately 0.45 miles downstream of SE River Rd *147 *144 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 0.75 miles upstream of Old Cornelius Pass Rd None *244 Rock Creek South Approximately 750 feet downstream of SW Pacific Highway *130 *131 Town of Sherwood, Unincorporated Areas of Washington County. Approximately .32 miles upstream of P&W Railroad *136 *135 South Johnson Creek Approximately 800 feet downstream of SW Hart Rd *195 *201 City of Beaverton, Unincorporated Areas of Washington County. Approximately 160 feet upstream of SW Hart Rd None *215 Storey Creek Approximately 200 feet upstream from confluence with Waible Gulch None *160 Unincorporated Areas of Washington County. Approximately 0.80 miles upstream from confluence with Storey Creek—Middle Tributary None *193 East Tributary Approximately 0.40 miles downstream of NW Sunset Highway None *169 Unincorporated Areas of Washington County. Approximately 0.35 miles upstream of NW Sunset Highway None *184 Middle Tributary Approximately 870 feet upstream from confluence with Storey Creek None *177 Unincorporated Areas of Washington County. Approximately 70 feet upstream of NW West Union Rd None *193 Tualatin River Approximately 1.6 miles downstream from SW Golf Course Rd *150 *149 City of Cornelius, City of Hillsboro, Unincorporated Areas of Washington County. Approximately 0.3 miles downstream from confluence with Gales Creek *163 *164 Approximately 490 feet downstream of confluence with Tualatin River-Nyberg Slough Overflow *121 *122 City of Durham, City of King City, City of Tigard, City of Tualatin, Unincorporated Areas of Washington County. Approximately 0.3 miles upstream of SW Roy Rogers Rd *130 *132 Overflow to Nyberg Slough Approximately 150 feet upstream of SW 65th Ave *122 *123 City of Tualatin. Approximately 300 feet downstream from confluence with Tualatin River *124 *126 Turner Creek Approximately 450 feet downstream of SW 32nd Ave None *144 City of Hillsboro. Approximately 0.45 miles upstream of E Main St None *164 Waible Gulch Approximately 0.25 miles upstream from confluence with McKay Creek None *157 Unincorporated Areas of Washington County. Approximately 0.25 miles upstream from confluence with Waible Gulch—North Tributary None *193 North Tributary Approximately 245 feet upstream from confluence with Waible Gulch None *189 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 40 feet upstream of NW West Union Rd None *204 South Tributary Approximately 270 feet upstream from confluence with Waible Gulch None *176 City of Hillsboro, Unincorporated Areas of Washington County. Approximately 90 feet upstream of NW Jacobson Rd None *208 Willow Creek Approximately 440 feet upstream from confluence with Beaverton Creek *157 *158 City of Beaverton, City of Hillsboro, Unincorporated Areas of Washington County. Approximately 90 feet upstream of NW 141st Pl None *235 * 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 Beaverton Maps are available for inspection at 4755 SW Griffith Dr., Beaverton, OR 97076. City of Cornelius Maps are available for inspection at 1355 N. Barlow Street, Cornelius, OR 97113. City of Durham Maps are available for inspection at 17160 SW Upper Boones Ferry Rd., Durham, OR 97224. City of Forest Grove Maps are available for inspection at 1924 Council Street, Forest Grove, OR 97116. City of Hillsboro Maps are available for inspection at 155 N. First Ave, Ste. 300, Hillsboro, OR 97124. City of King City Maps are available for inspection at 15300 SW 116th Ave., King City, OR 97224. City of Tigard Maps are available for inspection at 13125 SW Hall Blvd., Tigard, OR 97223. City of Tualatin Maps are available for inspection at 18880 SW Martinazzi Ave., Tualatin, OR 97062. Town of Sherwood Maps are available for inspection at 22560 SW Pine St., Sherwood, OR 97140. Unincorporated Areas of Washington County Maps are available for inspection at 155 North First Ave., Ste. 350, Hillsboro, OR 97124. Grainger County, Tennessee, and Incorporated Areas Lea Creek Approximately 2,800 feet upstream U.S. Highway 11 None +913 Unincorporated Areas of Grainger County. Approximately 4,200 feet upstream U.S. Highway 11 None +913 Norris Lake Approximately 5,200 feet downstream of the confluence of Black Fox Creek None +1032 Unincorporated Areas of Grainger County. Approximately 2,500 feet downstream of U.S. Highway 25 None +1032 * 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 Unincorporated Areas of Grainger County Maps are available for inspection at Grainger County Courthouse, P.O. Box 126, Rutledge, TN 37861. McNairy County, Tennessee, and Incorporated Areas Bank Creek Approximately 2,870 feet downstream of Old Stage Road +411 +413 Unincorporated Areas of McNairy County. Approximately 350 feet upstream of Stafford Bottoms Road None +416 Clarey Branch Just upstream of U.S. Highway 64 +401 +404 Town of Adamsville, Unincorporated Areas of McNairy County. Approximately 750 feet upstream of State Highway 224 None +405 Lick Creek Approximately 3,700 feet downstream of Old Stage Road +409 +411 Unincorporated Areas of McNairy County. Approximately 4,840 feet upstream of State Highway 224 None +415 Snake Creek Approximately 105 feet downstream of U.S. Highway 64 +402 +403 Town of Adamsville, Unincorporated Areas of McNairy County. Approximately 600 feet downstream Old Stage Road +414 +415 * 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 Adamsville Maps are available for inspection at 231 East Main Street, Adamsville, TN 38310. Unincorporated Areas of McNairy County Maps are available for inspection at 170 West Court, Selmer, TN 38375. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: November 26, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23696 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7748] 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 March 5, 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-7748, 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 Shoshone County, Idaho, and Incorporated Areas Pine Creek without levee Approximately 600 feet upstream of Interstate 90 off-ramp None +2208 City of Pinehurst. Approximately 750 feet downstream of Ohio Avenue None +2240 Pine Creek without levee Just upstream of Interstate 90 at Old ID State Route 10 None +2198 Unincorporated Areas of Shoshone County. Approximately 3,700 feet upstream of Ohio Avenue None +2277 * 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 Pinehurst Maps are available for inspection at 106 North Division Street, Pinehurst, ID 83850. Unincorporated Areas of Shoshone County Maps are available for inspection at 700 Bank Street, Suite 35, Wallace, ID 83873. Daviess County, Kentucky, and Incorporated Areas Gilles Ditch Just upstream Audubon Parkway +398 +399 City of Owensboro, Unincorporated Areas of Daviess County. Approximately 2,600 feet upstream U.S. 60 None +415 Goetz Ditch Approximately 100 feet upstream South Griffith Avenue None +397 City of Owensboro, Unincorporated Areas of Daviess County. Approximately 150 feet downstream South Griffith Avenue None +397 Horse Fork Approximate 1,500 feet upstream Wendell Ford Expressway +395 +394 City of Owensboro, Unincorporated Areas of Daviess County. Approximately 120 feet downstream of KY-54 +417 +418 Ohio River At the western county boundary (Approximately 11,000 feet downstream Crane Pond Slough) +384 +383 City of Owensboro, Unincorporated Areas of Daviess County. At confluence with Blackford Creek +394 +393 Persimmon Ditch Just upstream Ewing Road +399 +389 City of Owensboro, Unincorporated Areas of Daviess County. Just downstream U.S. 60 +403 +401 Scherm Ditch Just upstream Lewis Lane +398 +399 City of Owensboro, Unincorporated Areas of Daviess County. Approximately 1,100 feet upstream South Griffith Avenue +399 +400 Yellow Creek Just upstream KY-144 +397 +392 City of Owensboro, Unincorporated Areas of Daviess County. Approximately 520 feet upstream Wendell Ford Expressway None +408 * 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 Owensboro Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732. Unincorporated Areas of Daviess County Maps are available for inspection at PO Box 732, 200 East 3rd Street, Owensboro, KY 42302-0732. Lee County, Kentucky, and Incorporated Areas Kentucky River—North Fork Approximately 150 feet downstream of confluence with Mirey Creek None +668 Unincorpo- rated Areas of Lee County. Kentucky River Approximately 1,550 feet downstream of confluence with Blaines Branch None +671 * 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 Unincorporated Areas of Lee County Maps are available for inspection at Lee County Courthouse, 256 Main Street, Beattyville, KY 41311. Midland County, Michigan, and Incorporated Areas Chippewa River Approximately 8,745 feet upstream of the confluence with Tittabawassee River None +616 Township of Midland, Township of Homer. Approximately 18,635 feet upstream of the confluence with Tittabawassee River None +616 Sturgeon Creek Approximately 4,200 feet upstream of Airport Road None +615 City of Midland, Township of Larkin. Approximately 4,620 feet upstream of Airport Road None +615 Tittabawassee River Approximately 5,000 feet upstream of Consumers Power Railroad None +611 Township of Midland, City of Midland, Township of Homer. Approximately 14,080 feet upstream of the confluence of Sturgeon Creek None +616 * 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 Midland Maps are available for inspection at 333 West Ellsworth Street, Midland, MI 48640. Township of Homer Maps are available for inspection at Homer Township Hall, 522 North Homer Road, Midland, MI 48640. Township of Larkin Maps are available for inspection at Larkin Township Hall, 3027 North Jefferson Road, Midland, MI 48642. Township of Midland Maps are available for inspection at 1030 S. Poseyville Road, Midland, MI 48640. Ulster County, New York, and Incorporated Areas Rondout Creek Approximately 500 feet downstream of the Conrail Bridge Structure +8 +9 City of Kingston, Town of Esopus, Town of Rosendale, Town of Ulster. Approximately 200 feet upstream of Lawrenceville Road (State Route 213) +94 +91 Saw Kill At confluence with Esopus Creek None +151 Town of Kingston, Town of Ulster. Approximately 0.7 miles upstream of Powder Mill Road +260 +255 Twaalfskill Brook At confluence with Rondout Creek None +10 City of Kingston. Approximately 55 feet upstream of Brook Street None +54 * 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 Kingston Maps are available for inspection at City of Kingston-City Hall, 420 Broadway, Kingston, NY 12401. Town of Esopus Maps are available for inspection at Town of Esopus-Town Hall, 172 Broadway, Port Ewen, NY 12466. Town of Kingston Maps are available for inspection at Town of Kingston-Town Hall, 906 Sawkill Road, Kingston, NY 12401. Town of Rosendale Maps are available for inspection at Town of Rosendale-Town Hall, 424 Main Street, Rosendale, NY 12742. Town of Ulster Maps are available for inspection at Town of Ulster-Town Hall, 1 Town Hall Drive, Lake Katrine, NY 12449. Caldwell County, North Carolina, and Incorporated Areas Beaver Creek Approximately 400 feet downstream of the Caldwell/Wilkes County boundary None +1184 Unincorporated Areas of Caldwell County. Approximately 1.6 miles upstream of Wilkesboro Boulevard None +1252 Blue Creek At the confluence with Kings Creek 1 and Little Kings Creek None +1102 Unincorporated Areas of Caldwell County. Approximately 0.5 mile upstream of Bluegrass Place (State Road 1578) None +1276 Buffalo Creek Approximately 1,500 feet upstream of the confluence with Yadkin River +1159 +1160 Unincorporated Areas of Caldwell County. At the Caldwell/Watauga County boundary None +2080 Dennis Creek At the confluence with Yadkin River None +1883 Unincorporated Areas of Caldwell County. Approximately 120 feet downstream of Richland Road (State Road 1372) None +2013 Elk Branch At the confluence with Jones Creek None +1385 Unincorporated Areas of Caldwell County. Approximately 1,290 feet upstream of Old Sampson Road (State Road 1574) None +1450 Green Rock Branch At the confluence with Buffalo Creek None +1216 Unincorporated Areas of Caldwell County. Approximately 1.5 miles upstream of Buffalo Cove Road (State Road 1504) None +1436 Jackson Camp Creek At the confluence with Yadkin River None +1757 Unincorporated Areas of Caldwell County. Approximately 1.0 mile upstream of Richland Road (State Road 1372) None +1867 Jesse Fork At the confluence with Buffalo Creek None +1349 Unincorporated Areas of Caldwell County. Approximately 0.8 mile upstream of Stone Mountain Road (State Road 1503) None +1640 Jesse Fork Tributary 1 At the confluence with Jesse Fork None +1453 Unincorporated Areas of Caldwell County. Approximately 340 feet upstream of Wallace Coffey Place None +1502 Jones Creek At the confluence with Buffalo Creek None +1347 Unincorporated Areas of Caldwell County. Approximately 1.3 miles upstream of C C Camp Road (State Road 1574) None +2072 Kings Creek 1 At the confluence with Yadkin River None +1097 Unincorporated Areas of Caldwell County. At the confluence of Blue Creek and Little King Creek None +1102 Kings Creek 2 At the confluence with Blue Creek None +1181 Unincorporated Areas of Caldwell County. Approximately 1.9 miles upstream of the confluence of Kings Creek 2 Tributary 1 None +1252 Kings Creek 2 Tributary 1 At the confluence with Kings Creek 2 None +1201 Unincorporated Areas of Caldwell County. Approximately 1.2 miles upstream of Taylor Farm Road (State Road 1702) None +1376 Laytown Creek At the confluence with Yadkin River None +1110 Unincorporated Areas of Caldwell County. Approximately 1.8 miles upstream of Laytown Road (State Road 1507) None +1633 Little Kings Creek At the confluence with Blue Creek and Kings Creek 1 None +1102 Unincorporated Areas of Caldwell County. Approximately 1,630 feet upstream of Zacks Fork Road (State Road 1511) None +1334 Mill Creek (into Yadkin River) At the confluence with Yadkin River None +1154 Unincorporated Areas of Caldwell County. Approximately 1.2 miles upstream of NC 268 Highway None +1216 Old Field Branch At the confluence with Buffalo Creek None +1379 Unincorporated Areas of Caldwell County. Approximately 1.7 miles upstream of Cottrell Place None +1548 Ooten Creek At the confluence with Yadkin River None +1940 Unincorporated Areas of Caldwell County. Approximately 0.6 mile upstream of the confluence with Yadkin River None +2122 Preston Creek At the confluence with Yadkin River None +1332 Unincorporated Areas of Caldwell County. Approximately 650 feet upstream of Kirby Mountain Road (State Road 1370) None +1548 Rockhouse Creek At the confluence with Buffalo Creek None +1670 Unincorporated Areas of Caldwell County. Approximately 1.3 miles upstream of the confluence with Buffalo Creek None +1900 Warrior Creek Approximately 300 feet upstream of the confluence with Yadkin River +1213 +1214 Unincorporated Areas of Caldwell County. Approximately 210 feet upstream of Warrior Road (State Road 1346) None +1251 Yadkin River At the Caldwell/Wilkes County boundary None +1090 Unincorporated Areas of Caldwell County. Approximately 2.2 miles upstream of the confluence of Ooten Creek None +2315 Tributary 25 At the confluence with Yadkin River None +1128 Unincorporated Areas of Caldwell County. Approximately 1,730 feet downstream of Laytown Road (State Road 1507) None +1284 * 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 Unincorporated Areas of Caldwell County Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC. Clatsop County, Oregon, and Incorporated Areas Beerman Creek Approximately at US 101 None +21 Unincorporated Areas of Clatsop County. Approximately 0.95 miles upstream of Beerman Creek Lane None +119 Neawanna Creek Approximately 50 feet downstream of 12th Avenue +16 +14 City of Seaside, Unincorporated Areas of Clatsop County. Approximately 0.7 miles upstream of Avenue None +19 Necanicum River Approximately 450 feet downstream of 12th Avenue +15 +14 City of Seaside, Unincorporated Areas of Clatsop County. Approximately at the Howard Johnson Bridge +38 +39 Necanicum River Overflow Approximately 0.24 miles upstream of confluence with Necanicum River None +32 City of Seaside, Unincorporated Areas of Clatsop County. Approximately 0.7 miles upstream of confluence with Necanicum River None +37 Upper Neawanna Creek Approximately 260 feet downstream of Wahanna Road None +16 City of Seaside, Unincorporated Areas of Clatsop County. Approximately 840 feet upstream of Wahanna Road None +31 * 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 Seaside Maps are available for inspection at 989 Broadway, Seaside, OR. Unincorporated Areas of Clatsop County Maps are available for inspection at 800 Exchange Street, Ste. 310, Astoria, OR. Lawrence County, Tennessee, and Incorporated Areas Buffalo River Appoximately 1,028 feet upstream of confluence of Saw Creek None +792 Unincorporated Areas of Lawrence County. Approximately 2,040 feet upstream of State Highway 240 None +812 Shoal Creek At New Shoal Creek Dam None +759 Unincorporated Areas of Lawrence County. Approximately 8,540 feet downstream of Old Waynesboro Highway None +787 * 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 Unincorporated Areas of Lawrence County Maps are available for inspection at 240 West Gaines Street, Lawrenceburg, TN 38464. Canutillo—Flow Path 42 Confluence with the Rio Grande None +3772 Unincorporated Areas of El Paso County, City of El Paso. Interstate 10 +3901 +3895 Canutillo—Flow Path 42A Confluence with the Flow Path 42 None +3873 City of El Paso, Unincorporated Areas of El Paso County. Interstate 10 None +3916 Government Hills Channel—Flow Path 24 Approximately 400 feet downstream from La Luz Avenue +3741 +3737 City of El Paso. Approximately 770 feet upstream from intersection with Leeds Avenue +3794 +3799 McKelligon County Arroyo—Flow Path 17 Confluence with McKelligon Canyon Arroyo +4630 +4638 Unincorporated Areas of El Paso County. Tributary 6 Approximately 2400 feet upstream of confluence with McKelligon Canyon Arroyo +4775 +4781 McKelligon County Arroyo—Flow Path 17 At the intersection with Davis Seamon Road +4262 +4263 City of El Paso, Unincorporated Areas of El Paso County. Approximately 2,000 feet upstream of confluence with McKelligon Canyon Arroyo Tributary 6 +4772 +4765 NE Pond—Pond 2 Northern most pond, intersected by Tiger Eye Drive None +3923 City of El Paso. NE Pond—Pond 3 Square pond along west central side of ponding area, across Dyer St. from Ameen Drive None +3909 City of El Paso. NE Pond—Pond 4 Small pond North of Pond 4 None +3913 City of El Paso. NE Pond—Pond 5 Small pond in Southwest corner of ponding area None +3909 City of El Paso. NE Pond—Pond 6 Small pond in Southeast corner of ponding area None +3909 City of El Paso. Range Dam Flow Path 14—El Paso Drainage Channel #2 Intersection with Hollyhock Drive +3943 +3945 City of El Paso. Blythe Street +3976 +3975 Range Dam Flow Path 16—Main Channel Approximately 600 feet downstream from the Railroad None +3869 City of El Paso. Donald Drive None +3960 Range Dam—Outlet Channel Confluence with Flow Path No. 16 None +3887 City of El Paso. Approximately 1,400 feet upstream of Dyer Street at Range Dam None +3899 San Felipe Arroyo Approximately 600 feet downstream from Alameda Avenue None +3608 Unincorporated Areas of El Paso County. Approximately 5,000 feet upstream of Citizen Transfer Station Road None +3693 Stream 2—Horizon Arroyo Approximately 3,500 feet downstream from I-10 Frontage Road +3666 +3657 Unincorporated Areas of El Paso County. Approximately 65 feet downstream from I-10 Frontage Road +3752 +3747 Vinton 1 & 2—Flow Path 45 Approximately 160 feet upstream of the confluence with the Rio Grande None +3775 Town of Vinton, City of El Paso, Unincorporated Areas of El Paso County. Approximately 7,900 feet upstream of the confluence with Flow Path 45B +4500 +4514 Vinton 1 & 2—Flow Path 45 C Confluence with Flow Path No. 45 +4017 +4048 City of El Paso, Unincorporated Areas of El Paso County. Approximately 2,300 feet upstream of confluence with Flow Path 45 Tributary None +4656 Vinton 1 & 2—Flow Path 45 C Confluence with Flow Path No. 45 C None +4531 Unincorporated Areas of El Paso County. Tributary 1 Approximately 1,500 feet upstream of confluence with Flow Path 45 C None +4598 Vinton 1 & 2—Flow Path 45A Confluence with Flow Path 45 None +3815 Town of Vinton, City of El Paso, Unincorporated Areas of El Paso County. Approximately 150 feet upstream of Remington Drive None +4058 Vinton 1 & 2—Flow Path 45B Confluence with Flow Path No. 45 +4250 +4242 Unincorporated Areas of El Paso County, City of El Paso. Approximately 8,900 feet upstream of confluence with Flow Path No. 45 None +4598 Vinton 1 & 2—Flow Path 45D Confluence with Flow Path No. 45 None +4266 City of El Paso, Unincorporated Areas of El Paso County. Approximately 6,300 feet upstream of confluence with Flow Path No. 45B None +4513 * 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 El Paso Maps are available for inspection at City Hall/Engineering Department, #2 Civic Center Plaza, El Paso, TX 79901. Town of Vinton Maps are available for inspection at 436 Vinton Road, Anthony, TX 79821. Unincorporated Areas of El Paso County Maps are available for inspection at 500 East San Antonio St., Room 407, El Paso, TX 79901. King County, Washington, and Incorporated Areas Cedar River Approximately at 149th Avenue SE +100 +101 Unincorporated Areas of King County, City of Renton. Approximately 350 feet upstream of Landsburg Road SE None +528 Green River Approximately at Fort Dent Park Road +25 +24 Unincorporated Areas of King County, City of Auburn, City of Kent, City of Renton, City of Seatac, City of Tukwila. Approximately 0.48 miles downstream of SR 18 +75 +74 Patterson Creek Approximately 600 feet upstream of SR 202, near confluence with Snoqualmie R None +86 Unincorporated Areas of King County. Approximately .31 miles upstream of SR 202 past Patternson Creek Overflow None +160 Snoqualmie River Approximately at the King County/Snohomish County boundary +47 +50 Unincorporated Areas of King County, City of Carnation, City of Snoqualmie, Town of Duvall. Approximately 0.5 miles downstream from Snoqualmie Dam +128 +125 Springbrook Creek Approximately 0.44 miles downstream of SW 7th Street Bridge None +24 Unincorporated Areas of King County, City of Renton, City of Tukwila. Approximately 250 feet downstream of the City of Renton/City of Kent boundary +22 +30 * 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 Auburn Maps are available for inspection at 25 W. Main Street, Auburn, WA 98001. City of Carnation Maps are available for inspection at 4621 Tolt Avenue, Carnation, WA 98014. City of Kent Maps are available for inspection at 220 Fourth Avenue South, Kent, WA 98032. City of Renton Maps are available for inspection at 1055 S Grady Way, Renton, WA 98055. City of Seatac Maps are available for inspection at 4800 S 188th St, Seatac, WA 98188. City of Snoqualmie Maps are available for inspection at 8020 Railroad Ave SE, Snoqualmie, WA 98065. City of Tukwila Maps are available for inspection at 8020 Railroad Ave SE, Tukwila, WA 98118. Town of Duvall Maps are available for inspection at 15535 Main St NE, Duvall, WA 98019. Unincorporated Areas of King County Maps are available for inspection at 201 S. Jackson Street, Ste 600, Seattle, WA 98104. Pierce County, Washington, and Incorporated Areas Artondale Creek (main stem) Approximately 100 feet upstream of Wollochet Drive Culvert None +13 Unincorporated Areas of Pierce County. Approximately 200 feet downstream of confluence with East and West Branch None +39 Artondale Creek—East Branch Approximately 320 feet upstream of confluence with main stem Artondale Creek None +40 Unincorporated Areas of Pierce County. Approximately 80 feet downstream of Hunt Street NW None +152 Artondale Creek—West Branch Approximately 460 feet upstream of confluence with main stem Artondale Creek None +39 Unincorporated Areas of Pierce County. Approximately 0.46 miles upstream of confluence with main stem Artondale Creek None +48 Canyon Creek Approximately 250 feet downstream of 128th Street E None +31 Unincorporated Areas of Pierce County. Approximately 130 feet upstream of 72nd Street None +280 Carbon River Approximately 860 feet upstream of confluence with Puyallup R +130 +124 Unincorporated Areas of Pierce County, Town of Orting. Approximately 660 feet upstream of Alward Road None +456 Clarks Creek Approximately at River Road None +29 Unincorporated Areas of Pierce County, City of Puyallup. Approximately 600 feet upstream of 12th Avenue SW +31 +34 Clarks Creek—Meeker Ditch Approximately 680 feet downstream of 14th Street SW None +31 Unincorporated Areas of Pierce County, City of Puyallup. Approximately 580 feet upstream of 7th Street SW None +38 Clover Creek Approximately 240 feet upstream of confluence with Steilacoom Lake +215 +214 Unincorporated Areas of Pierce County, City of Lakewood. Approximately 0.86 miles upstream of Canyon Road None +343 Crescent Creek Approximately 45 feet upstream of 96th Street E None +14 Unincorporated Areas of Pierce County, Town of Gig Harbor. Approximately 880 feet upstream of 138th Street E None +172 Fennel Creek Approximately 660 feet upstream of confluence with Puyallup River None +101 Unincorporated Areas of Pierce County, City of Bonney Lake. Approximately at Kelley Lake Road Bridge None +505 Lacamas Creek Approximately 920 feet downstream of SR507 +326 +328 Town of Roy, Unincorporated Areas of Pierce County. Approximately at 0.26 miles upstream of 310th Street S (Farm Road) +473 +474 Mashel River Approximately at Private Road, 1600 feet upstream of confluence with Little Mashel River +739 +738 Town of Eatonville, Unincorporated Areas of Pierce County. Approximately at 0.42 miles upstream of Eatonville Cutoff Road +862 +866 Morey Creek Approximately 180 feet from confluence with Clover Creek None +293 Unincorporated Areas of Pierce County. Approximately at 140 feet upstream of Spannaway Loop Road None +300 Muck Creek Approximately 1070 feet upstream of 276th Street Bridge +442 +444 Unincorporated Areas of Pierce County. Approximately at 240 feet upstream of 228th Street Ct E None +484 North Fork Clover Creek Approximately at Golden Givens Road +317 +319 Unincorporated Areas of Pierce County, City of Lakewood, City of Tacoma. Approximately 1500 feet upstream of 96th Street E None +391 North Fork Clover Creek Tributary #1 Approximately 3220 feet upstream of confluence with North Fork Clover Creek +323 +322 Unincorporated Areas of Pierce County. Approximately 0.4 miles upstream of 40th Avenue E None +457 North Fork Clover Creek Tributary #2 Approximately 0.73 miles downstream of Railroad culvert None +333 Unincorporated Areas of Pierce County. Approximately 40 feet upstream of Railroad culvert None +397 North Fork Clover Creek Tributary #4 Approximately 0.5 miles downstream of 22nd Avenue Ct E None +363 Unincorporated Areas of Pierce County. Approximately 0.2 miles upstream of 22nd Avenue Ct E None +402 North Fork Clover Creek Tributary #5 Approximately 40 feet upstream of Aqueduct Drive E None +368 Unincorporated Areas of Pierce County. Approximately 0.25 miles upstream of Aqueduct Drive E None +368 Puyallup River Approximately 1100 feet downstream of East 11th Street +13 +10 City of Fife, City of Puyallup, City of Sumner, Town of Orting, Unincorporated Areas of Pierce County. Approximately at 0.53 miles upstream of BN Railroad/Champion Bridge +606 +604 South Prairie Creek Approximately 1 mile downstream of State Hwy 162 +301 +302 Town of South Prairie, Unincorporated Areas of Pierce County. Approximately 0.37 miles upstream of SR 162 Bridge +449 +458 Spanaway Creek Approximately 75 feet upstream of Spanaway Loop Road S +287 +285 Unincorporated Areas of Pierce County. Approximately 500 feet upstream of 138th Avenue S +296 +297 Swan Creek Approximately 110 feet upstream of 64th Street E None +323 Unincorporated Areas of Pierce County, City of Tacoma. Approximately 330 feet upstream of 12th Street E None +419 Wapato Creek I Approximately 1860 feet downstream of 12th Street E None +12 City of Edgewood, City of Fife, City of Puyallup, City of Tacoma, Unincorporated Areas of Pierce County. Approximately at 130 feet upstream of 7th Street NW None +40 Wapato Creek II Approximately at 1975 feet upstream of 114th Avenue Ct E None +40 City of Edgewood, City of Puyallup, Unincorporated Areas of Pierce County. Approximately 1400 feet downstream of Todd Road NE (furthest downstream crossing) +43 +49 White River Approximately 380 feet downstream of State Highway 410 +47 +51 City of Sumner, City of Puyallup, Unincorporated Areas of Pierce County. Approximately at 0.4 miles upstream of 8th Street E None +74 * 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 Bonney Lake Maps are available for inspection at 19306 Bonney Lake Blvd, Bonney Lake, WA 98390. City of Edgewood Maps are available for inspection at 2221 Meridian East, Edgewood, WA 98371. City of Fife Maps are available for inspection at 5411 23rd St E, Fife, WA 98424. City of Lakewood Maps are available for inspection at 6000 Main St SW, Lakewood, WA 98499. City of Puyallup Maps are available for inspection at 330 3rd St SW, Puyallup, WA 98371. City of Sumner Maps are available for inspection at 1104 Maple St, Sumner, WA 98390. City of Tacoma Maps are available for inspection at 747 Market St, Ste. 1200, Tacoma, WA 98402. Town of Eatonville Maps are available for inspection at 201 Center St W, Eatonville, WA 98328. Town of Gig Harbor Maps are available for inspection at 3510 Grandview St, Gig Harbor, WA 98335. Town of Orting Maps are available for inspection at 110 Train St SE, Orting, WA 98360. Town of Roy Maps are available for inspection at 216 McNaught St S, Roy, WA 98580. Town of South Prairie Maps are available for inspection at 121 NW Washington St., South Prairie, WA 98385. Unincorporated Areas of Pierce County Maps are available for inspection at 930 Tacoma Avenue S., Rm 737, Tacoma, WA 98402. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: November 28, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23702 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7752] 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 March 5, 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-7752, 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 Marin County, California, and Incorporated Areas Black John Slough (backwater from San Pablo Bay) Approximately 2,000 feet northwest of the intersection of Topaz Drive and Albatross Drive None +9 City of Novato. Corte Madera Creek Approximately 250 feet north of the intersection of U.S. Highway 101 and Nellen Drive None +9 Unincorporated Areas of Marin County. Approximately 100 feet east of the intersection of Greenbrae Boardwalk and Northwestern Pacific Railroad None +9 (backwater from San Francisco Bay) At the intersection of Birch Avenue and Apache Road (at Lagoon 2) None +9 Town of Corte Madera. (backwater from San Francisco Bay) Approximately 66 feet west of the intersection of Bon Air Road and Eliseo Drive None +9 Unincorporated Areas of Marin County. Coyote Creek Approximately 800 feet northwest of the intersection of U.S. Highway 101 and Shoreline Highway None +9 Unincorporated Areas of Marin County. Gallinas Creek At the intersection of Main Drive and Smith Ranch Road None +9 City of San Rafael. Miller Creek Upstream side of downstream crossing of Lucas Valley Road None +75 City of San Rafael. Approximately 200 feet downstream of upstream crossing of Lucas Valley Road None +111 Richardson Bay Approximately 200 feet west of the intersection of San Rafael Avenue and Lagoon Road +8 +9 City of Belvedere. Approximately 2,000 feet northeast of the intersection of Johnson Street and Bridgeway None +9 Unincorporated Areas of Marin County. San Anselmo Creek Approximately 700 feet downstream of Meadow Way None +150 Unincorporated Areas of Marin County. Approximately 1,700 feet downstream of Meadow Way None +155 (backwater from San Pablo Bay) Approximately 1,000 feet south of the San Antonio Creek and Mud Slough confluence None +8 Unincorporated Areas of Marin County. San Francisco Bay Approximately 1,000 feet east of the intersection of Eden Lane and Paradise Drive None +9 Unincorporated Areas of Marin County. San Pablo Bay Approximately 1,500 feet south of the intersection of Las Lomas Drive and Casa Grande Real +8 +9 Unincorporated Areas of Marin County. San Rafael Canal (backwater from San Rafael Bay) Approximately 240 feet southeast of the intersection of Point San Pedro Road and Harbor View Court None +9 Unincorporated Areas of Marin County. * 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 Belvedere Maps are available for inspection at Belvedere City Hall, 450 San Rafael Avenue, Belvedere, CA. City of Novato Maps are available for inspection at City of Novato Public Works Department, 75 Rowland Way, Suite 200, Novato, CA. City of San Rafael Maps are available for inspection at City of San Rafael Public Works Department, 111 Morphew Street, San Rafael, CA. Town of Corte Madera Maps are available for inspection at Town of Corte Madera Public Works Department, 233 Tamalpais Drive, Suite 200, Corte Madera, CA. Unincorporated Areas of Marin County Maps are available for inspection at Marin County Public Works Department, Land Development Section, 3501 Civic Center Drive, San Rafael, CA. Chatham County, Georgia, and Incorporated Areas Black Creek Just upstream of Interstate Highway 95/State Highway 405 +12 +13 City of Port Wentworth. At Norfolk Southern Railway None +16 Tributary No. 2 At the confluence with Black Creek +12 +13 City of Port Wentworth. Approximately 2,990 feet upstream of Saussy Road +12 +15 Chippewa Canal Approximately 250 feet downstream of East Montgomery Cross Road +11 +12 City of Savannah. Approximately 1,010 feet upstream of Mall Boulevard None +18 Coffee Bluff Ponding Area Entire Shoreline None +14 City of Savannah. Colonial Oaks Canal Just upstream of Stillwood Drive None +11 City of Savannah. At Windsor Road None +15 Tributary No. 1 At the confluence with Colonial Oaks Canal None +11 City of Savannah. Approximately 640 feet upstream of Rockingham Road None +16 Tributary No. 1.1 At the confluence with Colonial Oaks Canal Tributary No. 1 None +14 City of Savannah. Approximately 310 feet upstream of Stillwood Drive None +17 Dundee Canal Approximately 2,330 feet downstream of Chatham Parkway +14 +11 Unincorporated Areas of Chatham County, City of Garden City, City of Savannah. Approximately 3,690 feet upstream of Chatham Parkway +14 +11 Hardin Canal Just upstream of Pine Barren Road +12 +13 Town of Pooler, City of Bloomingdale. At CSX Railroad (3rd crossing) None +19 Harmon Canal Just upstream of Edgewater Road +11 +12 City of Savannah. Approximately 570 feet upstream of Montgomery Cross Road None +18 Kingsway Canal Just upstream of Whitfield Avenue/State Highway 204 Spur None +11 Unincorporated Areas of Chatham County. Approximately 1,170 feet upstream of Kings Way None +14 Little Ogeechee River Tributary At Little Neck Road None +13 Unincorporated Areas of Chatham County. Approximately 3,120 feet upstream of Middle Landing Road None +18 Louis Mills Branch At the confluence with South Springfield Canal +11 +12 Unincorporated Areas of Chatham County. Approximately 1,980 feet upstream of Marshall Avenue None +19 Pipe Makers Canal Approximately 1,000 feet upstream of Norfolk Southern Railway (1st crossing) +12 +11 Unincorporated Areas of Chatham County, City of Bloomingdale, City of Garden City, City of Savannah, Town of Pooler. Just downstream of U.S. Highway 80/State Highway 17/26 +20 +21 Tributary No. 2 At the confluence with Pipe Makers Canal +18 +20 Unincorporated Areas of Chatham County, City of Bloomingdale, Town of Pooler. Approximately 500 feet downstream of Conaway Road +19 +20 St. Augustine Creek Tributary Approximately 6,180 feet downstream of Jimmy DeLoach Parkway +18 +19 City of Bloomingdale, Unincorporated Areas of Chatham County. Approximately 4,820 feet upstream of Jimmy DeLoach Parkway +19 +20 Tributary to Little Ogeechee River Tributary At confluence with Little Ogeechee River Tributary None +15 Unincorporated Areas of Chatham County Approximately 3,300 feet upstream of Middle Landing Road None +19 Windsor Forest Canal East Approximately 330 feet upstream of Stillwood Drive None +11 City of Savannah. Approximately 710 feet upstream of Deerfield Road None +15 Tributary At the confluence with Windsor Forest Canal West None +16 City of Savannah. Approximately 2,980 feet upstream of confluence with Windsor Forest Canal West None +17 Tributary No. 2 At the confluence with Windsor Forest Canal East None +13 City of Savannah. Approximately 390 feet upstream of Largo Drive None +17 Tributary No. 3 At the confluence with Windsor Forest Canal East and Colonial Oaks Canal None +15 City of Savannah. Approximately 410 feet upstream of Windsor Road None +15 Canal West Approximately 250 feet upstream of Thorny Bush Road None +11 City of Savannah. Approximately 3,410 feet upstream of Roger Warlick Drive None +19 * 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 Bloomingdale Maps are available for inspection at #8 West U.S. Highway 80, Bloomingdale, GA 31302. City of Garden City Maps are available for inspection at 100 Main Street, Garden City, GA 31408. City of Port Wentworth Maps are available for inspection at 305 South Coastal Highway, Port Wentworth, GA 31407. City of Savannah Maps are available for inspection at 2 East Bay Street, P.O. Box 1027, Savannah, GA 31401. Town of Pooler Maps are available for inspection at 100 Southwest Highway 80, Pooler, GA 31322. Unincorporated Areas of Chatham County Maps are available for inspection at 124 Bull Street, Suite 200, Savannah, GA 31401. Chattooga County, Georgia, and Incorporated Areas Armuchee Creek Approximately 350 feet downstream of county boundary None +635 Unincorporated Areas of Chattooga County. Approximately 1,250 feet upstream of county boundary None +636 Chattooga River Approximately 1,140 feet downstream of U.S. Highway 27/State Highway 1 None +656 Unincorporated Areas of Chattooga County, Town of Trion. Approximately 365 feet downstream of U.S. Highway 27/State Highway 1 None +657 Little Armuchee Creek Approximately 920 feet downstream of county boundary None +636 Unincorporated Areas of Chattooga County. At county boundary None +636 * 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 Trion Maps are available for inspection at 1220 Pine Street, Trion, GA 30753. Unincorporated Areas of Chattooga County Maps are available for inspection at 120 Cox Street, Summerville, GA 30747-1398. Crawford County, Georgia, and Incorporated Areas Echeconnee Creek At the Crawford/Bibb/Peach County Boundary None +288 Unincorporated Areas of Crawford County. Just upstream of Boy Scout Road None +308 * 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 Unincorporated Areas of Crawford County Maps are available for inspection at 1011 Highway 341 North, Roberta, GA 31078. Fayette County, Georgia, and Incorporated Areas Tar Creek Approximately 135 feet downstream of Lees Mill Road +846 +847 Unincorporated Areas of Fayette County. At confluence with Whitewater Creek +846 +847 * 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 Unincorporated Areas of Fayette County Maps are available for inspection at Stonewall Administration Complex, 140 Stonewall Avenue West, Suite 100, Fayetteville, GA 30214. Liberty County, Georgia, and Incorporated Areas Jerico River Approximately 6,650 feet downstream of CSX railroad None +10 Unincorporated Areas of Liberty County. At CSX railroad None +10 Mill Creek Approximately 3,830 feet upstream of Fort Stewart Railway None +71 Unincorporated Areas of Liberty County. Approximately 4,570 feet upstream of the confluence of Mill Creek Tributary No. 2 None +76 * 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 Unincorporated Areas of Liberty County Maps are available for inspection at Liberty County Courthouse Annex, Room 105, 12 North Main Street, Hinesville, GA 31313. Kane County, Illinois, and Incorporated Areas Aurora Chain of Lakes (previously Blackberry Creek Tributary H) 1,000 feet downstream of Prairie Street +667 None +666 +683 City of Aurora, Unincorporated Areas of Kane County. Downstream of Indian Trail Road Cherry Hills Diversion (previously Blackberry Creek Tributary H) Confluence with Aurora Chain of Lakes +670 +667 City of Aurora. Confluence with overflow from East Run +673 +670 Blackberry Creek 300 feet upstream of county boundary +661 +660 Unincorporated Areas of Kane County, City of Aurora, Village of Elburn, Village of Montgomery, Village of Sugar Grove. 1200 feet upstream of State Route 38 None +848 East Run (Previously Blackberry Creek Tributary A) 500 feet upstream of Indian Trail Road +674 +675 Unincorporated Areas of Kane County, City of Aurora, Village of North Aurora. 245 feet upstream of Oak Street Culvert None +701 North Branch Confluence with East Run None +683 Unincorporated Areas of Kane County, Village of North Aurora. Confluence with overflow from East Run None +686 North Loop Confluence with East Run None +676 Unincorporated Areas of Kane County, City of Aurora, Village of North Aurora. Divergence from East Run None +683 Elburn Run (Previously Blackberry Creek Tributary D) Confluence at Blackberry Creek +740 +739 Unincorporated Areas of Kane County, Village of Elburn. 200 feet upstream of BCNW Railroad None +834 Indian Creek Confluence with Fox River +636 +635 Unincorporated Areas of Kane County, City of Aurora, City of Batavia. FERMI Lab Berm None +737 Tributary B Confluence with Indian Creek +709 +708 Unincorporated Areas of Kane County, City of Aurora. Approx. 850 feet upstream of Loreen Drive None +716 Jelkes Creek Immediately upstream of the unnamed road downstream of Route 31 +716 +717 Village of West Dundee, Village of Sleepy Hollow. At Sleepy Hollow Road +769 +773 Lake Run (Previously Blackberry Creek Tributary B) Confluence at Blackberry Creek +678 +677 Unincorporated Areas of Kane County, Village of North Aurora, Village of Sugar Grove. 125 feet upstream of Hughes Road None +785 Main Street Branch (Previously Main Street Ditch) Confluence with Lake Run +707 +706 Unincorporated Areas of Kane County. Approx. 2875 feet upstream of Main Street. >None +709 Nelson Lake Branch (Previously Blackberry Creek Tributary B) Confluence with Lake Run +698 +695 Unincorporated Areas of Kane County. At the inlet to Nelson Lake, just downstream of the unnamed road None +696 North of I-88 Overflow Confluence with Lake Run None +684 Unincorporated Areas of Kane County, City of Aurora, Village of North Aurora. Confluence with Overflow from Lake Run None +686 North of I-88 Overflow East Branch Confluence with Lake Run North of I88 Overflow None +685 Unincorporated Areas of Kane County, City of Aurora. Approx. 1,850 feet upstream of confluence with Lake Run North of I-88 Overflow None +685 South I-88 Diversion Confluence with Lake Run None +680 Unincorporated Areas of Kane County. Immediately downstream of East-West Tollway None +682 Prestbury Branch (previously Blackberry Creek Tributary E) Confluence with Blackberry Creek +680 +678 Unincorporated Areas of Kane County, Village of Sugar Grove. Immediately downstream of Denny Road None +688 Route 38 Branch Confluence with Blackberry Creek None +831 Unincorporated Areas of Kane County. 2,550 feet upstream of Route 38 and 175′ east of Bowgren Circle None +850 Seavey Road Run (previously Blackberry Creek Tributary C) 150 feet upstream of State Route 47 +710 +709 Unincorporated Areas of Kane County. Approx. 1,050 feet upstream of Main Street None +769 Green Road Branch Confluence with Seavey Road Run None +726 Unincorporated Areas of Kane County. 125 feet upstream of Green Road None +735 Main Street Branch Confluence with Seavey Road Run None +721 Unincorporated Areas of Kane County. Approx. 150 feet upstream of Main Street None +750 Selmarten Creek Immediately upstream of Thompson Lane +716 +715 City of Aurora, Unincorporated Areas of Kane County. County Boundary +719 +718 Sleepy Creek 600 feet downstream of Strom Ave. culvert outlet +718 +719 Village of West Dundee, Village of Sleepy Hollow. Immediately upstream of Hillcrest Road +749 +748 South Tributary Confluence with Indian Creek +684 +685 Unincorporated Areas of Kane County. County Boundary None +703 Tollway Tributary Confluence with Indian Creek None +710 Unincorporated Areas of Kane County. Approx. 700 feet upstream of Molitor Road None +714 * 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 Aurora Maps are available for inspection at Aurora City Planning Department, Aurora City Hall, 44 East Downer Place, Aurora, IL 60507. City of Batavia Maps are available for inspection at City of Batavia Engineering Department, 100 North Island Avenue, Batavia, IL 60510. Unincorporated Areas of Kane County Maps are available for inspection at Kane County Government Center Bldg., Water Resources Dept., 719 Batavia Avenue, Geneva, IL 60134. Village of Elburn Maps are available for inspection at Elburn Village Hall, 301 East North Street, Elburn, IL 60119. Village of Montgomery Maps are available for inspection at Montgomery Village Hall, 1300 South Broadway, Montgomery, IL 60538. Village of North Aurora Maps are available for inspection at North Aurora Village Hall, 25 E. State Street, North Aurora, IL 60542. Village of Sleepy Hollow Maps are available for inspection at Sleepy Hollow Village Hall, One Thorobred Lane, Sleepy Hollow, IL 60118. Village of Sugar Grove Maps are available for inspection at Sugar Grove Village Hall, 10 Municipal Drive, Sugar Grove, IL 60554. Village of West Dundee Maps are available for inspection at West Dundee Public Safety Center, 555 South Eighth Street, West Dundee, IL 60118. Hendricks County, Indiana, and Incorporated Areas Abner Creek At the confluence with White Lick Creek +750 +751 Unincorporated Areas of Hendricks County. Approximately 800 feet downstream of South County Road 525 East +750 +751 Clarks Creek At the confluence with White Lick Creek +691 +693 Unincorporated Areas of Hendricks County. Approximately 1,450 feet upstream of South Center Street +693 +694 Cosner Branch At the confluence with West Fork White Lick Creek +749 +748 Unincorporated Areas of Hendricks County. Approximately 600 feet upstream of the confluence with West Fork White Lick Creek +749 +750 Hughes Branch Approximately 680 feet upstream of the confluence with Little West Fork White Lick Creek +867 +866 Unincorporated Areas of Hendricks County. Approximately 4,570 feet upstream of County road 651 North None +936 Keeney Ditch At the confluence with Little West Fork White Lick Creek +927 +931 Unincorporated Areas of Hendricks County. Approximately 4,580 feet upstream of North County Road 275 East None +943 Little West Fork White Lick Creek At the confluence with White Lick Creek +850 +848 Unincorporated Areas of Hendricks County, Town of Brownsburg, Town of Pittsboro. Approximately 3,385 feet upstream of East County Road 1000 North None +941 Ross Ditch Approximately 740 feet downstream of North County Road 200 West None +929 Unincorporated Areas of Hendricks County, Town of Lizton. Approximately 3,985 feet upstream of North County Road 150 East None +949 Thompson Creek Approximately 140 feet upstream of the confluence with West Fork White Lick Creek +862 +863 Unincorporated Areas of Hendricks County. Approximately 550 feet upstream of the confluence with West Fork White Lick Creek +863 +864 West Fork White Lick Creek At the confluence with White Lick Creek +681 +677 Unincorporated Areas of Hendricks County. Approximately 2,100 feet upstream of the confluence with White Lick Creek +681 +680 Tributary No. 1 Approximately 300 feet upstream of the confluence with West Fork White Lick Creek +707 +706 Unincorporated Areas of Hendricks County. Approximately 2,750 feet upstream of the confluence with West Fork White Lick Creek +714 +713 White Lick Creek At the Morgan County boundary/East Hendricks County Road +681 +677 Unincorporated Areas of Hendricks County, Town of Avon, Town of Brownsburg, Town of Plainfield. Approximately 7,400 feet upstream of East County Road 1000 North +914 +915 Tributary No. 3 At the confluence with White Lick Creek +776 +774 Unincorporated Areas of Hendricks County, Town of Avon. Approximately 250 feet upstream of the confluence with White Lick Creek +776 +774 Tributary No. 4 At the confluence with White Lick Creek +784 +783 Unincorporated Areas of Hendricks County. Approximately 150 feet downstream of County Road 91 North +790 +789 * 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 Avon Maps are available for inspection at 6570 East US 36, Avon, IN 46123. Town of Brownsburg Maps are available for inspection at 80 East Vermont, Brownsburg, IN 46112. Town of Lizton Maps are available for inspection at 106 North Lebanon Street, Lizton, IN 46149. Town of Pittsboro Maps are available for inspection at 80 North Meridian Street, Pittsboro, IN 46167. Town of Plainfield Maps are available for inspection at 355 South Washington Street, Danville, IN 46122. Unincorporated Areas of Hendricks County Maps are available for inspection at 355 South Washington Street, Danville, IN 46122. Cabarrus County, North Carolina, and Incorporated Areas Clear Creek Approximately 400 feet downstream of the Cabarrus/Mecklenburg County boundary None +535 Unincorporated Areas of Cabarrus County, Town of Midland. Approximately 150 feet upstream of the Cabarrus/Mecklenburg County boundary None +536 * 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 Midland Maps are available for inspection at Midland Town Hall, 4293B Highway 24-27 East, Midland, NC. Unincorporated Areas of Cabarrus County Maps are available for inspection at Cabarrus County Planning Services, 65 Church Street Southeast, Concord, NC. Creek County, Oklahoma, and Incorporated Areas Nickel Creek Approximately 2800 feet upstream of W 91st Street intersection +638 +640 City of Sapulpa, Unincorporated Areas of Creek County. At intersection with Land Road +669 +670 Polecat Creek Approximately 75 feet upstream of Creek Turnpike Intersection +651 +654 City of Sapulpa, Unincorporated Areas of Creek County. Approximately 200 feet upstream of Highway 75A intersection None +671 Tributary 2 Confluence with Polecat Creek None +645 City of Sapulpa, Unincorporated Areas of Creek County. Approximately 5000 feet upstream of Albert Lewis Ward Road intersection None +676 Tributary 4 Approximately 340 feet downstream from Tulsa Sapulpa and Union Railroad (BFE remains constant) None +656 City of Sapulpa, Unincorporated Areas of Creek County. Approximately 200 feet upstream of W 91st Street Intersection (BFE remains constant) None +656 Tributary 4-1 Approximately 970 feet downstream of Tulsa Sapulpa and Union Railroad None +656 City of Sapulpa, Unincorporated Areas of Creek County. Approximately 175 feet upstream of intersection with W 91st Street None +706 Rock Creek Confluence with Polecat Creek +666 +669 City of Sapulpa, Unincorporated Areas of Creek County. Approximately 80 feet upstream of intersection with IH-44 +686 +685 * 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 Sapulpa Maps are available for inspection at 425 East Dewey, Sapulpa, OK 74066. Unincorporated Areas of Creek County Maps are available for inspection at 317 East Lee, Sapulpa, OK 74066. Oklahoma County, Oklahoma, and Incorporated Areas Cherry Creek NE 10th Street +1163 +1162 City of Del City, City of Oklahoma City. Approximately 565 feet upstream to intersection with SE 44th +1234 +1233 Chisolm Creek Intersection with Hefner Road +1168 +1169 City of The Village. Approximately 103 feet upstream of Greystone Avenue +1192 +1189 Coffee Creek Confluence with Deep Fork +965 +955 City of Edmond, Town of Arcadia. Approximately 5600 feet upstream of confluence with Deep Fork +1101 +1102 Cowbell Creek Tributary 1 Confluence with Cowbell Creek None +1089 City of Edmond. Approximately 9050 feet upstream of confluence with Cowbell Creek None +1089 Crutcho Creek Approximately 1650 feet downstream of NE 36th Street +1156 +1149 City of Midwest City, City of Del City, City of Oklahoma City, Unincorporated Areas of Oklahoma County. Approximately 1800 feet downstream of Sunnylane Road +1269 +1268 Trib C (West Crutcho) Confluence with Crutcho Creek +1207 +1208 City of Oklahoma City. Approximately 800 feet downstream of Sunnylane Road Intersection +1255 +1256 Trib E (East Crutcho) Confluence with Crutcho Creek +1207 +1208 City of Oklahoma City. Approximately 6450 feet upstream of Air Depot Boulevard +1246 +1243 Tributary B Confluence with Crutcho Creek +1196 +1197 City of Del City. Intersection with Woodview Drive +1211 +1213 Tributary D Confluence with Crutcho Creek +1169 +1171 City of Midwest City. Approximately 5544 feet upstream of confluence with Crutcho Creek +1190 +1192 Deep Fork Approximately 100 feet upstream of Luther Avenue +895 +896 Town of Luther. Approximately 345 feet upstream of Peebly Road +907 +908 Confluence with Deep Fork Tributary 3 +946 +946 City of Edmond, Town of Arcadia. Approximately 3416 feet upstream of 33rd Street +972 +963 (Arcadia Lake) Upstream of Arcadia Dam at the Intersection with East Hefner Road (BFE REMAINS CONSTANT LAKE) +972 +1030 City of Edmond, City of Oklahoma City. Draper Lake Drainage East Approximately 400 feet upstream of SE 74th Street None +1239 City of Oklahoma City. Approximately 2100 feet upstream of SE 74th Street None +1265 Drainage West Approximately 450 feet upstream of SE 74th Street None +1226 City of Oklahoma City. Approximately 2100 feet upstream of SE 74th Street None +1260 Kuhlman Creek Approximately 2000 feet upstream from the intersection with Airport Depot Boulevard None +1226 City of Midwest City, City of Oklahoma City. Confluence with Crutcho Creek None +1999 Opossum Creek Confluence with Deep Fork None +950 City of Edmond. Approximately 28100 feet upstream of confluence with Deep Fork None +1029 Silver Creek At the intersection with Spencer Road +1154 +1155 City of Midwest City, City of Spencer Approximately 820 feet upstream of Lloyd Drive None +1231 Smith Creek Confluence with Deep Fork None +907 Town of Luther, City of Oklahoma City. Approximately 26200 feet upstream of confluence with Crutcho Creek None +929 Soldier Creek Tributary to Crutcho Creek Confluence with Crutcho Creek +1168 +1167 City of Midwest City. Approximately 26200 feet upstream of confluence with Crutcho Creek +1222 +1225 Spring Creek Confluence with Arcadia Lake +986 +1030 City of Edmond. Intersection with Interstate 35 +1031 +1032 * 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 Del City Maps are available for inspection at 4517 SE 29th Street, Del City, OK 73155. City of Edmond Maps are available for inspection at 100 E 1st Street, Edmond, OK 73083. City of Midwest City Maps are available for inspection at 100 N Midwest City Boulevard, Midwest City, OK 73140. City of Oklahoma City Maps are available for inspection at 420 W Main Street, Suite 700, Oklahoma City, OK 73102. City of Spencer Maps are available for inspection at 8200 Northeast 36th Street, Spencer, OK 73084. City of The Village Maps are available for inspection at 2304 Manchester Drive, The Village, OK 73120. Town of Arcadia Maps are available for inspection at 217 North Main Street, Arcadia, OK 73007. Town of Luther Maps are available for inspection at 119 South Main Street, Luther, OK 73054. Unincorporated Areas of Oklahoma County Maps are available for inspection at 320 Robert S. Kerr, Suite 101, Oklahoma City, OK 73102. Sevier County, Tennessee, and Incorporated Areas East Fork Little Pigeon River 840 Feet Upstream of the Confluence with Little Pigeon River None +939 Unincorporated Areas of Sevier County, City of Sevierville. 1007 Feet Upstream of Oma Lee Drive None +1019 French Broad River 1456 Feet Downstream of Confluence with Dry Branch None +856 Unincorporated Areas of Sevier County, City of Sevierville. 2179 Feet Upstream of State Highway 338 None +885 Gists Creek 3066 Feet Upstream of Confluence with Little Pigeon River None +886 Unincorporated Areas of Sevier County, City of Sevierville. 1489 Feet Upstream of Chapman Highway None +906 Little Pigeon River 1441 Feet Downstream of Boyds Creek Road +880 +879 City of Sevierville, Unincorporated Areas of Sevier County. 1220 Feet Downstream of Confluence with Lone Branch None +948 Middle Creek 575 Feet Upstream of River Place None +905 City of Sevierville, City of Pigeon Forge. 2200 Feet Downstream of Upper Middle Creek Road None +1010 Mill Creek 342 Upstream of Confluence with West Prong Little Pigeon River +967 +965 City of Pigeon Forge, Unincorporated Areas of Sevier County. 524 Feet Upstream of Mill Creek Road None +1121 Walden Creek 220 Feet Upstream of Confluence with West Prong Little Pigeon River +967 +965 City of Pigeon Forge, Unincorporated Areas of Sevier County. 276 Feet Downstream of Little Valley Road None +1006 West Prong Little Pigeon River 160 Feet Downstream of West Main Street +898 +901 City of Sevierville, City of Pigeon Forge, Unincorporated Areas of Sevier County. 1467 Feet Upstream of 321 None +1057 * 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 Pigeon Forge Maps are available for inspection at Public Works, 225 Pine Mountain Road, Pigeon Forge, TN 37863. City of Sevierville Maps are available for inspection at Sevierville City Hall, 120 Gary Wade Blvd., Sevierville, TN 37862. Unincorporated Areas of Sevier County Maps are available for inspection at Sevierville County Emergency Management, 245 Bruce Street, Sevierville, TN 37862. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: November 30, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23705 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7751] 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 March 5, 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-7751, 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 Sonoma County, California and Incorporated Areas Mount Hood Creek Approximately 0.38 mile downstream of Sonoma Highway (State Route 12) None +468 City of Santa Rosa. At Sonoma Highway (State Route 12) None +495 Petaluma River Approximately 400 feet south of the intersection of South McDowell Boulevard and Cader Lane None +10 City of Petaluma. Russian River (Area behind Railroad Avenue/Kelly Road levees) Approximately 1.5 miles downstream of Crocker Road None +285 Unincorporated Areas of Sonoma County. Approximately 1,550 feet downstream of Crocker Road None +300 * 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 Petaluma Maps are available for inspection at Petaluma City Hall, 11 English Street, Petaluma, CA. City of Santa Rosa Maps are available for inspection at Santa Rosa City Hall, 100 Santa Rosa Avenue, Santa Rosa, CA. Unincorporated Areas of Sonoma County Maps are available for inspection at Sonoma County Engineering Division, 2550 Ventura Avenue, Santa Rosa, CA. Miami-Dade County, Florida and Incorporated Areas Inland canal and shallow flooding sources City of Coral Gables *7-*10 *7-*15 City of Coral Gables. Town of Cutler Bay *8-*9 *7-*9 Town of Cutler Bay. City of Doral *6-*7 *5-*8 City of Doral. Village of El Portal *7 *6 Village of El Portal. City of Florida City *9 *3-*7 City of Florida City. City of Hialeah *6-*8 *5-*9 City of Hialeah. City of Hialeah Gardens *6 *5-*9 City of Hialeah Gardens. City of Homestead *4-*10 *3-*10 City of Homestead. Town of Medley *6 *5-*7 Town of Medley. City of Miami *7-*8 *4-*15 City of Miami. Miami-Dade County (Unincorporated Areas) *3-*10 *3-*21 Miami-Dade County (Unincorporated Areas). Village of Miami-Shores None *11 Village of Miami-Shores. City of Miami Springs *6-*7 *6-*7 City of Miami Springs. City of North Miami None *12 City of North Miami. City of Opa-Locka *7 *5-*9 City of Opa-Locka. Village of Palmetto Bay None *7 Village of Palmetto Bay. Village of Pinecrest *10 *7-*10 Village of Pinecrest. City of South Miami *9-*10 *7-*11 City of South Miami. City of Sweetwater None *8 City of Sweetwater. Village of Virginia Gardens *6 *7 Village of Virginia Gardens. The new and revised flood elevations affect extensive inland canal and shallow flooding sources in Miami-Dade County and its incorporated areas. This proposed rule lists the range of new and/or revised elevations affecting the communities listed above. Because the specific changes are too numerous to list, residents and lessees of property in Miami-Dade County and its incorporated areas are strongly encouraged to review the FEMA Flood Insurance Rate Maps at the community offices. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. 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 Coral Gables Maps are available for inspection at the City of Coral Gables Department of Public Works, 2800 Southwest 72nd Avenue, Coral Gables, Florida. Town of Cutler Bay Maps are available for inspection at the Cutler Bay Town Hall, 10720 Caribbean Boulevard, Suite 105, Cutler Bay, Florida. City of Doral Maps are available for inspection at the City of Doral Building Department, 8300 Northwest 53rd Street, Suite 200, Doral, Florida. Village of El Portal Maps are available for inspection at the El Portal Village Hall, 500 Northeast 87th Street, El Portal, Florida. City of Florida City Maps are available for inspection at the Florida City Building and Zoning Department, 404 West Palm Drive, Building 3, Florida City, Florida. City of Hialeah Maps are available for inspection at the City of Hialeah Planning and Zoning Department, 501 Palm Avenue, 4th Floor, Hialeah, Florida. City of Hialeah Gardens Maps are available for inspection at the Hialeah Gardens City Hall, 10001 Northwest 87th Avenue, Hialeah Gardens, Florida. City of Homestead Maps are available for inspection at the Homestead City Hall, 790 North Homestead Boulevard, Homestead, Florida. Town of Medley Maps are available for inspection at the Medley Town Hall, 7331 Northwest 74th Street, Medley, Florida. City of Miami Maps are available for inspection at the City of Miami Fire/Emergency Management Department, Miami Riverside Center, 444 Southwest 2nd Avenue, 10th Floor, Miami, Florida. Miami-Dade County (Unincorporated Areas) Maps are available for inspection at the Miami-Dade County Department of Environmental Resource Management, 701 Northwest 1st Court, 4th Floor, Miami, Florida. Village of Miami-Shores Maps are available for inspection at the Miami Shores Village Hall, 10050 Northeast 2nd Avenue, Miami Shores, Florida. City of Miami Springs Maps are available for inspection at the Miami Springs City Hall, 201 Westward Drive, Miami Springs, Florida. City of North Miami Maps are available for inspection at the North Miami City Hall, 776 Northeast 125th Street, North Miami, Florida. City of Opa-Locka Maps are available for inspection at the Opa-Locka City Hall, 780 Fisherman Street, Suite 335, Opa-Locka, Florida. Village of Palmetto Bay Maps are available for inspection at the Palmetto Bay Village Hall, 8950 Southwest 152nd Street, Palmetto Bay, Florida. Village of Pinecrest Maps are available for inspection at the Pinecrest Village Hall, 12645 Pinecrest Parkway, Pinecrest, Florida. City of South Miami Maps are available for inspection at the South Miami City Hall, 6130 Sunset Drive, South Miami, Florida. City of Sweetwater Maps are available for inspection at the Sweetwater City Hall, 500 Southwest 109th Avenue, Sweetwater, Florida. Village of Virginia Gardens Maps are available for inspection at the Virginia Gardens Village Hall, 6498 Northwest 38th Terrace, Virginia Gardens, Florida. Brown County, Minnesota, and Incorporated Areas Minnesota River Approximately 5,530 feet downstream of Dakota, Minnesota, and Eastern Railroad +805 +807 City of New Ulm, Unincorporated Areas of Brown County. Approximately 1,673 feet upstream of county boundary +823 +825 * 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 New Ulm Maps are available for inspection at 100 North Broadway, New Ulm, MN 56073. Unincorporated Areas of Brown County Maps are available for inspection at 14 South State Street, New Ulm, MN. Bertie County, North Carolina, and Incorporated Areas Cashie River Approximately 4.0 miles upstream of NC-45 +8 +7 Town of Windsor, Unincorporated Areas of Bertie County. Approximately 1,150 feet upstream of the confluence of Cashie River Tributary 5 None +79 Indian Creek At the confluence with Roanoke River None +25 Unincorporated Areas of Bertie County, Town of Lewiston Woodville. At the confluence of Jacks Branch None +44 Jacks Branch At the confluence with Indian Creek None +44 Unincorporated Areas of Bertie County, Town of Lewiston Woodville. Approximately 0.5 mile downstream of Jack Branch Road (State Route 1119) None +53 * 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 Unincorporated Areas of Bertie County Maps are available for inspection at Bertie County Building Inspections Department, 106 Dundee Street, Windsor, NC. Town of Lewiston Woodville Maps are available for inspection at Lewiston Woodville Town Hall, 103 West Church Street, Lewiston Woodville, NC. Town of Windsor Maps are available for inspection at Town of Windsor Building Inspections Department, 128 South King Street, Windsor, NC. Jefferson County, Tennessee, and Incorporated Areas Douglas Lake Approximately 5,100 feet upstream of confluence of Leadvale Creek None +1002 Unincorporated Areas of Jefferson County, City of Baneberry, Town of Dandridge. At Sevier/Jefferson county boundary None +1002 Mossy Creek Approximately 2,200 feet downstream of Russell Avenue +1073 +1075 Unincorporated Areas of Jefferson County, Town of Jefferson City. Approximately 1,050 feet downstream of Russell Avenue +1073 +1075 * 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 Baneberry Maps are available for inspection at 667 Harrison Ferry Road, Baneberry, TN 37890. Town of Dandridge Maps are available for inspection at P.O. Box 249, Dandridge, TN 37725. Town of Jefferson City Maps are available for inspection at P.O. Box 530, 112 West Broadway Boulevard, Jefferson City, TN 37760 Unincorporated Areas of Jefferson County Maps are available for inspection at P.O. Box 710, 214 West Main Street, Dandridge, TN 37725. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: November 30, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-23706 Filed 12-5-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671-7723-01] RIN 0648-XD67 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2008 and 2009 Harvest Specifications for Groundfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS proposes 2008 and 2009 harvest specifications, reserves and apportionments, and Pacific halibut prohibited species catch
(PSC)for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2008 and 2009 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Comments must be received by January 7, 2008. ADDRESSES: You may submit comments, identified by “RIN 0648-XD67”, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal Web site at *http://www.regulations.gov;* • Mail: P. O. Box 21668, Juneau, AK 99802; • Fax:
(907)586-7557; or • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. All comments received are a part of the public record and will generally be posted to *http://www.regulations.gov* without change. All Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Copies of the Final Alaska Groundfish Harvest Specifications Environmental Impact Statement (Final EIS) and the Initial Regulatory Flexibility Analysis
(IRFA)prepared for this action are available from NMFS at the addresses above or from the Alaska Region Web site at *http://www.fakr.noaa.gov.* Copies of the final 2006 Stock Assessment and Fishery Evaluation
(SAFE)report for the groundfish resources of the GOA, dated November 2006, and the October 2007 North Pacific Fishery Management Council (Council) meeting minutes are available from the Council at 605 West 4th Avenue, Suite 306, Anchorage, AK 99510 or from its Web site at *http://www.fakr.noaa.gov/npfmc.* FOR FURTHER INFORMATION CONTACT: Tom Pearson, Sustainable Fisheries Division, Alaska Region, 907-481-1780, or e-mail at *tom.pearson@noaa.gov.* SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in the exclusive economic zone
(EEZ)of the GOA under the FMP. The Council prepared the FMP under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801, *et seq.* Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600, 679, and 680. These proposed specifications are based in large part on the 2006 SAFE reports. In November 2007, the 2007 SAFE reports were used to develop the 2008 and 2009 final acceptable biological catch
(ABC)amounts. Anticipated changes in the final specifications from the proposed specifications are identified in this notice for public review. The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify the total allowable catch
(TAC)for each target species and for the “other species” category, the sum of which must be within the optimum yield
(OY)range of 116,000 to 800,000 metric tons (mt). Section 679.20(c)(1) further requires NMFS to publish and solicit public comment on proposed annual TACs, halibut PSC amounts, and seasonal allowances of pollock and inshore/offshore Pacific cod. The proposed specifications in Tables 1 through 17 of this document satisfy these requirements. For 2008 and 2009, the sum of the proposed TAC amounts is 286,173 mt. Under § 679.20(c)(3), NMFS will publish the 2008 and 2009 final specifications after
(1)considering comments received within the comment period (see DATES ),
(2)consulting with the Council at its December 2007 meeting, and
(3)considering information presented in the Final EIS and the final 2007 SAFE report prepared for the 2008 and 2009 groundfish fisheries. Other Rules Affecting the 2008 and 2009 Harvest Specifications Congress granted NMFS specific statutory authority to manage Central GOA rockfish fisheries in Section 802 of the Consolidated Appropriations Act of 2004 (Pub. L. 108-199; Section 802). The elements of the Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program) are discussed in detail in the proposed and final rules to Amendment 68 to the FMP (71 FR 33040, June 7, 2006, and 71 FR 67210, November 20, 2006, respectively). The Rockfish Program is authorized for five years, from January 1, 2007 until December 31, 2011. The Rockfish Program allocates exclusive harvesting and processing privileges for the following primary rockfish species: Northern rockfish, Pacific ocean perch, and pelagic shelf rockfish. Secondary species are those species incidentally harvested during the primary rockfish species fisheries and include Pacific cod, rougheye rockfish, shortraker rockfish, sablefish, and thornyhead rockfish. The Rockfish Program also allocates a portion of the total GOA halibut mortality limit annually specified under § 679.21 to participants based on historic halibut mortality rates in the primary rockfish species fisheries. The 2008 amounts of primary rockfish species, secondary species, and halibut mortality to be allocated to the Rockfish Program will not be known until eligible participants apply for participation in the Rockfish Program by March 1, 2008. These amounts will be posted on the Alaska Region Web site at *http://www.fakr.noaa.gov* when they become available early in 2008. The entry level allocation of rockfish, after subtraction of incidental catch amounts, is equal to 5 percent of the Central GOA TAC for Pacific ocean perch, northern rockfish, and pelagic shelf rockfish. Table 6 lists the proposed 2008 and 2009 allocations of rockfish in the Central GOA to the entry level fishery. The Rockfish Program also establishes catch limits, commonly called “sideboards,” to limit the ability of participants eligible for this program to harvest fish in fisheries other than the Central GOA rockfish fisheries. Sideboards limit harvest in specific rockfish fisheries in the Western GOA and in the West Yakutat District and the amount of halibut bycatch that can be used in certain flatfish fisheries. Table 14 lists the proposed 2008 and 2009 Rockfish Program harvest limits. Table 15 lists the proposed 2008 and 2009 Rockfish Program halibut mortality limits for catcher processors and catcher vessels. Proposed and final rules to implement Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) were published in the **Federal Register** on May 30, 2007 (72 FR 30052) and September 14, 2007 (72 FR 52668). Amendment 80 (hereinafter referred to as the “Amendment 80 program”) allocates several BSAI non-pollock trawl groundfish fisheries among fishing sectors, and facilitates the formation of harvesting cooperatives in the non-American Fisheries Act
(AFA)trawl catcher processor sector. The Amendment 80 program establishes a limited access privilege program for the non-AFA trawl catcher processor sector. In order to limit the ability of participants eligible for the Amendment 80 program to expand their harvest efforts in the GOA, the Amendment 80 program establishes groundfish and halibut PSC catch limits for Amendment 80 program participants in the GOA. Table 16 lists the proposed 2008 and 2009 sideboard limits for Amendment 80 program participants. Table 17 lists the proposed 2008 and 2009 halibut PSC limits for Amendment 80 vessels using trawl gear. In April 2007, the Council recommended Amendment 77 to the GOA FMP. Amendment 77, if approved, would remove dark rockfish from the pelagic shelf rockfish
(PSR)complex in the GOA FMP in order to allow the State to assume management of dark rockfish. This action is necessary to allow the State to implement more responsive, regionally based management measures than are currently possible under the FMP. From 1997 to 2005, NMFS survey biomass estimates of dark rockfish in the PSR complex have averaged 3.5 percent of the total PSR biomass. If Amendment 77 is approved, a reduction of 3.5 percent could be expected in the overfishing level (OFL), ABC, and TAC levels for the PSR complex in 2009. The amounts of 2009 PSR will be available following the Plan Team's meeting in November 2007. Proposed ABC and TAC Specifications The proposed ABCs and TACs are based on the best available biological and socioeconomic data, including projected biomass trends, information on assumed distribution of stock biomass, and revised methods used to calculate stock biomass. The FMP specifies the formulas, or tiers, to be used to compute ABCs and OFLs. The formulas applicable to a particular stock or stock complex are determined by the level of reliable information available to fisheries scientists. Tier one represents the highest level of information quality available and tier six represents the lowest level of information quality available. In October 2007, the Council, the Scientific and Statistical Committee (SSC), and the Advisory Panel (AP), reviewed current biological and harvest information about the condition of GOA groundfish stocks, most of which was initially compiled by the GOA Groundfish Plan Team (Plan Team) and was presented in the final 2006 SAFE report for the GOA groundfish fisheries, dated November 2006 (see ADDRESSES ). The SAFE report contains a review of the latest scientific analyses, estimates of each species' biomass and other biological parameters, as well as summaries of the available information on the GOA ecosystem and the economic condition of the groundfish fisheries off Alaska. From these analyses, the Plan Team estimates an ABC for each species category. The Plan Team will update the 2006 SAFE report to include new information collected during 2007. The Plan Team will provide revised stock assessments in November 2007 in the final 2007 SAFE report. The Council will review the 2007 SAFE report in December 2007. The final 2008 and 2009 harvest specifications may be adjusted from the proposed harvest specifications based on the 2007 SAFE report. The SSC adopted the proposed 2008 and 2009 OFL and ABC recommendations from the Plan Team for all groundfish species. These amounts are unchanged from the final 2008 harvest specifications published in the **Federal Register** on March 5, 2007 (72 FR 9676). The AP and the Council recommendations for the proposed 2008 and 2009 OFL, ABC, and TAC amounts are also based on the final 2008 harvest specifications published in the **Federal Register** on March 5, 2007 (72 FR 9676). For 2008 and 2009, the Council recommended and NMFS proposes the OFLs and ABCs listed in Table 1. The proposed ABCs reflect harvest amounts that are less than the specified overfishing amounts. The sum of the proposed 2008 and 2009 ABCs for all assessed groundfish is 511,838 mt, which is higher than the final 2007 ABC total of 490,327 mt (72 FR 9676, March 5, 2007). Specification and Apportionment of TAC Amounts The Council recommended proposed TACs for 2008 and 2009 that are equal to proposed ABCs for pollock, deep-water flatfish, rex sole, sablefish, Pacific ocean perch, shortraker rockfish, rougheye rockfish, northern rockfish, pelagic shelf rockfish, thornyhead rockfish, demersal shelf rockfish, and skates. The Council recommended proposed TACs for 2008 and 2009 that are less than the proposed ABCs for Pacific cod, flathead sole, shallow-water flatfish, arrowtooth flounder, other rockfish, and Atka mackerel. The apportionment of annual pollock TAC among the Western and Central Regulatory Areas of the GOA reflects the seasonal biomass distribution and is discussed in greater detail below. The annual pollock TAC in the Western and Central Regulatory Areas of the GOA is apportioned among Statistical Areas 610, 620, and 630, as well as equally among each of the following four seasons: the A season (January 20 through March 10), the B season (March 10 through May 31), the C season (August 25 through October 1), and the D season (October 1 through November 1) (50 CFR 679.23(d)(2)(i) through
(iv)and 679.20(a)(5)(iv)(B)). As in 2007, the SSC and Council recommended that the method of apportioning the sablefish ABC among management areas in 2008 and 2009 include commercial fishery and survey data. NMFS stock assessment scientists believe that unbiased commercial fishery catch-per-unit-effort data are useful for stock distribution assessments. NMFS evaluates annually the use of commercial fishery data to ensure that unbiased information is included in stock distribution models. The Council's recommendation for sablefish area apportionments also takes into account the prohibition on the use of trawl gear in the Southeast Outside
(SEO)District of the Eastern Regulatory Area and makes available 5 percent of the combined Eastern Regulatory Area TACs to trawl gear for use as incidental catch in other directed groundfish fisheries in the West Yakutat District
(WYK)(§ 679.20(a)(4)(i)). The AP, SSC, and Council recommended apportioning the ABC for Pacific cod in the GOA among regulatory areas based on the three most recent NMFS summer trawl surveys. As in previous years, the Plan Team, SSC, and Council recommended that the sum of all State and Federal water Pacific cod removals from the GOA not exceed ABC recommendations. The proposed 2008 and 2009 Pacific cod TACs are affected by the State's fishery for Pacific cod in its waters in the Western and Central Regulatory Areas, as well as in Prince William Sound (PWS). Accordingly, the Council recommended the proposed 2008 and 2009 Pacific cod TACs be reduced from proposed ABC amounts to account for guideline harvest levels
(GHL)established for Pacific cod by the State for fisheries that occur in State waters of the GOA. Therefore, the proposed 2008 and 2009 Pacific cod TACs are less than the proposed ABCs by the following amounts
(1)Eastern GOA, 428 mt;
(2)Central GOA, 9,817 mt; and
(3)Western GOA, 6,961 mt. These amounts reflect the sum of the State's 2008 and 2009 GHLs in these areas, which are 10 percent, 25 percent, and 25 percent of the Eastern, Central, and Western GOA proposed ABCs, respectively. NMFS also is proposing seasonal apportionments of the annual Pacific cod TACs in the Western and Central Regulatory Areas. Sixty percent of the annual TAC is apportioned to the A season for hook-and-line, pot, or jig gear from January 1 through June 10, and for trawl gear from January 20 through June 10. Forty percent of the annual TAC is apportioned to the B season for hook-and-line, pot, or jig gear from September 1 through December 31, and for trawl gear from September 1 through November 1 (§§ 679.23(d)(3) and 679.20(a)(11)). As in 2007, NMFS proposes to establish for 2008 and 2009 an A season directed fishing allowance
(DFA)for the Pacific cod fisheries in the GOA based on the management area TACs minus the recent average A season incidental catch of Pacific cod in each management area before June 10 (§ 679.20(d)(1)). The DFA and incidental catch before June 10 will be managed such that total catch in the A season will be no more than 60 percent of the annual TAC. Incidental catch taken after June 10 will continue to be taken from the B season TAC. This action meets the intent of the Steller sea lion protection measures by achieving temporal dispersion of the Pacific cod removals and reducing the likelihood of catch exceeding 60 percent of the annual TAC in the A season (January 1 through June 10). The FMP specifies that the amount for the “other species” category be set at an amount less than or equal to 5 percent of the combined TAC amounts for target species. The proposed 2008 and 2009 “other species” TACs of 4,500 mt are less than 5 percent of the combined proposed TAC amounts for target species for 2008 and 2009. The sum of the proposed TACs for all GOA groundfish is 286,173 mt for 2008 and 2009, which is within the OY range specified by the FMP. The sums of the proposed 2008 and 2009 TACs are lower than the sum of the 2007 TACs of 269,912 mt. NMFS finds that the Council's recommendations for proposed OFL, ABC, and TAC amounts are consistent with the biological condition of groundfish stocks as adjusted for other biological and socioeconomic considerations, including maintaining the total TAC within the required OY range. Table 1 lists the proposed 2008 and 2009 ABCs, TACs, and OFLs of groundfish. BILLING CODE 3610-22-P EP06DE07.005 EP06DE07.006 EP06DE07.007 EP06DE07.008 BILLING CODE 3610-22-C Proposed Apportionment of Reserves Section 679.20(b)(2) requires that 20 percent of each TAC for pollock, Pacific cod, flatfish, and the “other species” category be set aside in reserves for possible apportionment at a later date during the fishing year. In 2007, NMFS apportioned all of the reserves in the final harvest specifications. For 2008 and 2009, NMFS proposes apportionment of all of the reserves for pollock, Pacific cod, flatfish, and “other species.” Table 1 reflects the apportionment of reserve amounts for these species and species groups. Proposed Allocations of the Sablefish TAC Amounts to Vessels Using Hook-and-Line and Trawl Gear Sections 679.20(a)(4)(i) and
(ii)require allocation of sablefish TACs for each of the regulatory areas and districts to hook-and-line and trawl gear. In the Western and Central Regulatory Areas, 80 percent of each TAC is allocated to hook-and-line gear, and 20 percent of each TAC is allocated to trawl gear. In the Eastern GOA, 95 percent of the TAC is allocated to hook-and-line gear and 5 percent is allocated to trawl gear. The trawl gear allocation in the Eastern GOA may only be used to support incidental catch of sablefish in directed fisheries for other target species (§ 679.20(a)(4)(i)). In recognition of the trawl ban in the SEO District of the Eastern GOA, the Council recommended and NMFS proposes that the allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC be available to trawl gear in the WYK District and the remainder of the WYK sablefish TAC be available to vessels using hook-and-line gear. As a result, NMFS proposes to allocate 100 percent of the sablefish TAC in the SEO District to vessels using hook-and-line gear. This recommendation results in a proposed 2008 allocation of 281 mt to trawl gear and 1,988 mt to hook-and-line gear in the WYK District, and 3,353 mt to hook-and-line gear in the SEO District. Table 2 lists the allocations of the proposed 2008 sablefish TACs to hook-and-line and trawl gear. Table 3 lists the allocations of the proposed 2009 sablefish TACs to trawl gear. The Council recommended that only a trawl sablefish TAC be established for two years. EP06DE07.009 EP06DE07.010 Proposed Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and Allocations for Processing by Inshore and Offshore Components In the GOA, pollock is apportioned by season and area, and is further divided between inshore and offshore processing components. Pursuant to § 679.20(a)(5)(iv)(B), the annual pollock TAC specified for the Western and Central Regulatory Areas of the GOA is apportioned into four equal seasonal allowances of 25 percent. As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10, March 10 through May 31, August 25 through October 1, and October 1 through November 1, respectively. Pollock TACs in the Western and Central Regulatory Areas of the GOA are apportioned among statistical areas 610, 620, and 630. In the A and B seasons, the apportionments are in proportion to the distribution of pollock biomass based on the four most recent NMFS winter surveys. In the C and D seasons, the apportionments are in proportion to the distribution of pollock biomass based on the four most recent NMFS summer surveys. For 2008 and 2009, the Council recommended averaging the winter and summer distribution of pollock in the Central Regulatory Area for the A season. The average is intended to reflect the distribution of pollock as indicated by the historic performance of the fishery during the A season. Within any fishing year, the amount by which a seasonal allowance is underharvested or overharvested may be added to, or subtracted from, subsequent seasonal allowances. The rollover amount is limited to 20 percent of the unharvested seasonal apportionment for the statistical area. Any unharvested pollock above the 20 percent limit could be further distributed to the other statistical areas, in proportion to the estimated biomass in the subsequent season in those statistical areas (§ 679.20(a)(5)(iv)(B)). The proposed pollock TACs in the WYK of 1,694 mt and SEO District of 6,157 mt for 2008 and 2009 are not allocated by season. Section 679.20(a)(6)(i) requires the allocation of 100 percent of the pollock TAC in all regulatory areas and all seasonal allowances to vessels catching pollock for processing by the inshore component after subtraction of amounts that are projected by the Regional Administrator to be caught by, or delivered to, the offshore component incidental to directed fishing for other groundfish species. The amount of pollock available for vessels harvesting pollock for processing by the offshore component is that amount actually taken as incidental catch during directed fishing for groundfish species other than pollock, up to the maximum retainable amounts allowed under § 679.20(e) and (f). At this time, these incidental catch amounts are unknown and will be determined during the fishing year. Table 4 lists the proposed 2008 and 2009 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances. The amounts of pollock for processing by the inshore and offshore components are not shown. EP06DE07.011 Proposed Seasonal Apportionments of Pacific Cod TAC and Allocations for Processing of Pacific Cod TAC Between Inshore and Offshore Components Pacific cod fishing is divided into two seasons in the Western and Central Regulatory Areas of the GOA. For hook-and-line, pot, and jig gear, the A season is January 1 through June 10, and the B season is September 1 through December 31. For trawl gear, the A season is January 20 through June 10, and the B season is September 1 through November 1 (§ 679.23(d)(3)). After subtraction of incidental catch, 60 percent and 40 percent of the annual TAC will be available for harvest during the A and B seasons, respectively, and will be apportioned between the inshore and offshore processing components, as provided in § 679.20(a)(6)(ii). Between the A and the B seasons, directed fishing for Pacific cod is closed, and fishermen participating in other directed fisheries must retain Pacific cod up to the maximum retainable amounts allowed under § 679.20(e) and (f). Under § 679.20(a)(11)(ii), any overage or underage of the Pacific cod allowance from the A season may be subtracted from or added to the subsequent B season allowance. Section 679.20(a)(6)(ii) requires the allocation of the Pacific cod TAC apportionment in all regulatory areas between vessels catching Pacific cod for processing by the inshore and offshore components. Ninety percent of the Pacific cod TAC in each regulatory area is allocated to vessels catching Pacific cod for processing by the inshore component. The remaining 10 percent of the TAC is allocated to vessels catching Pacific cod for processing by the offshore component. Table 5 lists the proposed 2008 and 2009 seasonal apportionments and allocations of the Pacific cod TAC amounts. EP06DE07.012 Proposed Apportionments to the Central GOA Rockfish Pilot Program Sections 679.81(a)(1) and
(2)require the allocation of the primary rockfish species TACs in the Central Regulatory Area after deducting incidental catch needs in other directed groundfish fisheries. Five percent (2.5 percent to trawl gear and 2.5 percent to fixed gear) of the proposed TACs for Pacific ocean perch, northern rockfish, and pelagic shelf rockfish in the Central Regulatory Area are allocated to the entry level rockfish fishery and the remaining 95 percent to those vessels eligible to participate in the Rockfish Program. NMFS proposes 2008 and 2009 incidental catch amounts of 100 mt for northern rockfish, 100 mt for pelagic shelf rockfish, and 200 mt for Pacific ocean perch for other directed groundfish fisheries in the Central Regulatory Area. These proposed amounts are based on the 2003 through 2007 average incidental catch in the Central Regulatory Area by other groundfish fisheries. Section 679.83(a)(1)(i) requires allocations to the trawl entry level fishery must be made first from the allocation of Pacific ocean perch available to the rockfish entry level fishery. If the amount of Pacific ocean perch available for allocation is less than the total allocation allowable for trawl catcher vessels in the rockfish entry level fishery, then northern rockfish and pelagic shelf rockfish must be allocated to trawl catcher vessels. Allocations of Pacific ocean perch, northern rockfish, and pelagic shelf rockfish to longline gear vessels must be made after the allocations to trawl gear. Table 6 lists the proposed 2008 and 2009 allocations of rockfish in the Central GOA to trawl and longline gear in the entry level rockfish fishery. EP06DE07.013 Proposed Halibut PSC Limits Section 679.21(d) establishes annual halibut PSC limit apportionments to trawl and hook-and-line gear and permits the establishment of apportionments for pot gear. In October 2007, the Council recommended that NMFS maintain the 2007 halibut PSC limits of 2,000 mt for the trawl fisheries and 300 mt for the hook-and-line fisheries for 2008 and 2009. Ten metric tons of the hook-and-line limit is further allocated to the demersal shelf rockfish
(DSR)fishery in the SEO District. The DSR fishery is defined at § 679.21(d)(4)(iii)(A). This fishery has been apportioned 10 mt in recognition of its small scale harvests. Most vessels in the DSR fishery are less than 60 ft (18.3 m) length overall
(LOA)making them exempt from observer coverage. Therefore, observer data are not available to verify actual bycatch amounts. NMFS assumes the halibut bycatch in the DSR fishery is low because of the short soak times for the gear and short duration of the fishery. Also, the DSR fishery occurs in the winter when less overlap occurs in the distribution of DSR and halibut. In 2006 and 2007, estimates of incidental catch of DSR in the commercial halibut fishery and estimates of sport fish catch have approached the final TACs for DSR. As a result, the Alaska Department of Fish and Game closed directed commercial fishing for DSR at the beginning of 2006 and 2007. Section 679.21(d)(4) authorizes the exemption of specified non-trawl fisheries from the halibut PSC limit. As in past years, NMFS, after consultation with the Council, proposes to exempt pot gear, jig gear, and the sablefish IFQ (Individual Fishing Quota) hook-and-line gear fishery categories from the non-trawl halibut PSC limit for 2008 and 2009. The Council recommended these exemptions because
(1)the pot gear fisheries have low halibut bycatch mortality (averaging 18 mt annually from 2001 through 2006 and 8 mt through September 22, 2007);
(2)the halibut and sablefish IFQ fisheries have low halibut bycatch mortality because the IFQ program requires retention of legal-sized halibut by vessels using hook-and-line gear if a halibut IFQ permit holder is aboard and is holding unused halibut IFQ; and
(3)halibut mortality for the jig gear fisheries is assumed to be negligible. Halibut mortality is assumed to be negligible in the jig gear fisheries given the low amount of groundfish harvested by jig gear (averaging 269 mt annually from 2001 through 2006, and 29 mt through September 22, 2007), the selective nature of jig gear, and the likelihood of high survival rates of halibut caught and released by jig gear. Section 679.21(d)(5) provides NMFS with the authority to seasonally apportion the halibut PSC limits after consultation with the Council. The FMP and regulations require that the Council and NMFS consider the following information in seasonally apportioning halibut PSC limits:
(1)Seasonal distribution of halibut,
(2)seasonal distribution of target groundfish species relative to halibut distribution,
(3)expected halibut bycatch needs on a seasonal basis relative to changes in halibut biomass and expected catch of target groundfish species,
(4)expected bycatch rates on a seasonal basis,
(5)expected changes in directed groundfish fishing seasons,
(6)expected actual start of fishing effort, and
(7)economic effects of establishing seasonal halibut allocations on segments of the target groundfish industry. The final 2007 and 2008 harvest specifications (72 FR 9676, March 5, 2007) summarized the Council's and NMFS's findings with respect to each of these FMP considerations. The Council's and NMFS's findings for 2008 and 2009 are unchanged from 2007. Table 7 lists the proposed 2008 and 2009 Pacific halibut PSC limits, allowances, and apportionments. Sections 679.21(d)(5)(iii) and
(iv)specify that any underages or overages of a seasonal apportionment of a PSC limit will be deducted from or added to the next respective seasonal apportionment within the fishing year. EP06DE07.014 Section 679.21(d)(3)(ii) authorizes further apportionment of the trawl halibut PSC limit to trawl fishery categories. The annual apportionments are based on each category's proportional share of the anticipated halibut bycatch mortality during a fishing year and optimization of the total amount of groundfish harvest under the halibut PSC limit. The fishery categories for the trawl halibut PSC limits are:
(1)A deep-water species category, comprised of sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and
(2)a shallow-water species category, comprised of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, skates, and “other species” (§ 679.21(d)(3)(iii)). Table 8 lists the proposed 2008 and 2009 seasonal apportionments of Pacific halibut PSC trawl limits for the deep-water and shallow-water species fishery categories. Based on public comment and information contained in the final 2007 SAFE report, the Council may recommend or NMFS may make changes in the seasonal, gear-type, or fishery category apportionments of halibut PSC limits for the final 2008 and 2009 harvest specifications. EP06DE07.015 Estimated Halibut Bycatch in Prior Years The best available information on estimated halibut bycatch is data collected by observers during 2007. The calculated halibut bycatch mortality by trawl, hook-and-line, and pot gears through September 22, 2007, is 1,487 mt, 212 mt, and 8 mt, respectively, for a total halibut mortality of 1,707 mt. Halibut bycatch restrictions seasonally constrained trawl gear fisheries during the 2007 fishing year. Trawling during the second season closed for the deep-water species category on May 17 (72 FR 28620, May 22, 2007), and during the third season on August 10 (72 FR 45697, August 15, 2007). Trawling during the second season closed for the shallow-water species category on June 4 (72 FR 31472, June 7, 2007), and during the third second season on August 10 (72 FR 45697, August 15, 2007). To prevent exceeding the fourth season halibut PSC limit for the shallow-water species category, directed fishing using trawl gear was limited to three 12-hour open periods on September 1 (72 FR 49229, August 28, 2007), September 6 (72 FR 51717, September 11, 2007), and September 11 (72 FR 52491, September 14, 2007), and to one 48-hour period beginning September 21 (72 FR 54603, September 26, 2007). Trawling for all groundfish targets (with the exception of pollock by vessels using pelagic trawl gear) closed for the fifth season on October 8 (72 FR 57888, October 11, 2007), reopened on October 10 (72 FR 58261, October 15, 2007) until October 15 (72 FR 59038, October 18, 2007), and reopened on October 22 (72 FR 60586, October 25, 2007). Fishing for groundfish using hook-and-line gear has remained open in 2007 as the halibut PSC limit has not been reached (as of October 11, 2007). The amount of groundfish that trawl gear might have harvested if halibut PSC limits had not restricted the 2007 season is unknown. Expected Changes in Groundfish Stocks and Catch Proposed 2008 and 2009 ABCs for pollock, Pacific cod, deep-water flatfish, flathead sole, arrowtooth flounder, Pacific ocean perch, and pelagic shelf rockfish are higher than those established for 2007 while the proposed 2008 and 2009 ABCs for rex sole and sablefish are lower than those established for 2007. For the remaining target species, the Council recommended that ABC levels remain unchanged from 2007. More information on these changes is included in the final SAFE report (November 2006) and in the Council, SSC, and AP minutes from the October 2007 meeting. These documents are available from the Council (see ADDRESSES). In the GOA, the total proposed 2008 and 2009 TAC amounts are 286,173 mt, an increase of 6 percent from the 2007 TAC total of 269,912 mt. Table 9 compares the final 2007 TACs to the proposed 2008 and 2009 TACs. EP06DE07.016 Current Estimates of Halibut Biomass and Stock Condition The most recent halibut stock assessment was conducted by the International Pacific Halibut Commission
(IPHC)in December 2006 for the 2007 commercial fishery. The 2006 assessment contains substantial changes from the previous year. Information from ongoing passive integrated transponder
(PIT)tag recoveries, as well as inconsistencies in the traditional closed-area stock assessments for some areas has prompted the IPHC to examine stock assessment frameworks. It had been assumed that once the halibut reached legal commercial size there was little movement between regulatory areas. PIT tag recoveries indicate greater movement between regulatory areas than previously thought. In response to this new information, the IPHC developed a coast wide assessment based on a single stock. The assessment adopted a coast-wide harvest rate of 20 percent of the exploitable biomass overall but a higher rate for some areas with net immigration. The IPHC adopted harvest rates of 25 percent in Area 2C, 20 percent in Areas 3A, 3B, and 4A, and 15 percent in Areas 4B, C, D, and E for 2007. The current exploitable halibut biomass in Alaska for 2007 was estimated to be 169,000 mt, down from 189,543 mt in 2006. The female spawning biomass remains far above the minimum biomass, which occurred in the 1970s. The exploitable biomass of the Pacific halibut stock peaked at 326,520 mt in 1988. According to the IPHC, the long- term average reproductive biomass for the Pacific halibut resource was estimated at 118,000 mt. Long-term average yield was estimated at 26,980 mt, round weight. The species is fully utilized. Recent average catches (1994-2006) in the commercial halibut fisheries in Alaska have averaged 33,970 mt, round weight. Catch in waters off Alaska is 27 percent higher than long-term potential yield for the entire halibut stock, reflecting the good condition of the Pacific halibut resource. In January 2007, the IPHC approved Alaska commercial catch limits totaling 30,368 mt, round weight, in 2007, a 9 percent decrease from 33,421 mt in 2006. Through November 13, 2007, commercial hook-and-line harvests of halibut off Alaska totaled 26,084 mt, round weight. Additional information on the Pacific halibut stock assessment may be found in the IPHC's 2006 Pacific halibut stock assessment (December 2006), available on the IPHC Web site at *http://www.iphc.washington.edu.* The IPHC will consider the 2007 Pacific halibut assessment for 2008 at its January 2007 annual meeting when it sets the 2008 commercial halibut fishery quotas. Other Factors The allowable commercial catch of halibut will be adjusted to account for the overall halibut PSC mortality limit established for groundfish fisheries. The 2008 and 2009 groundfish fisheries are expected to use the entire proposed annual halibut PSC limit of 2,300 mt. The allowable directed commercial catch is determined by first accounting for recreational and subsistence catch, waste, and bycatch mortality, and then providing the remainder to the directed fishery. Groundfish fishing is not expected to affect adversely the halibut stocks. Methods available for reducing halibut bycatch include:
(1)Publication of individual vessel bycatch rates on the NMFS Alaska Region Web site at *http://www.fakr.noaa.gov,*
(2)modifications to gear,
(3)changes in groundfish fishing seasons,
(4)individual transferable quota programs, and
(5)time/area closures. Reductions in groundfish TAC amounts provide no incentive for fishermen to reduce bycatch rates. Costs that would be imposed on fishermen as a result of reducing TAC amounts depend on the species and amounts of groundfish foregone. Under 50 CFR 679.2, the definition of “Authorized fishing gear” specifies requirements for biodegradable panels and tunnel openings for groundfish pots to reduce halibut bycatch. As a result, low bycatch and mortality rates of halibut in pot fisheries have justified exempting pot gear from PSC limits. The regulations at § 679.2 under “Authorized fishing gear,” also define “pelagic trawl gear” in a manner intended to reduce bycatch of halibut by displacing fishing effort off the bottom of the sea floor when certain halibut bycatch levels are reached during the fishing year. The definition provides standards for physical conformation and performance of the trawl gear in terms of crab bycatch (§ 679.7(a)(14)). Furthermore, all hook-and-line vessel operators are required to employ careful release measures when handling halibut bycatch (§ 679.7(a)(13)). These measures are intended to reduce handling mortality, thereby lowering overall halibut bycatch mortality in the groundfish fisheries, and to increase the amount of groundfish harvested under the available halibut mortality bycatch limits. NMFS and the Council will review the methods available for reducing halibut bycatch listed here to determine their effectiveness and will initiate changes, as necessary, in response to this review or to public testimony and comment. Halibut Discard Mortality Rates The Council recommended and NMFS proposes that the halibut discard mortality rates
(DMRs)developed and recommended by the IPHC for the 2008 and 2009 GOA groundfish fisheries be used to monitor the proposed 2008 and 2009 GOA halibut bycatch mortality limits. The IPHC recommended use of long-term average DMRs for the 2008 and 2009 groundfish fisheries. The IPHC will analyze observer data annually and recommend changes to the DMRs where a fishery DMR shows large variation from the mean. Most of the IPHC's assumed DMRs were based on an average of mortality rates determined from NMFS observer data collected between 1996 and 2005. Long-term average DMRs were not available for some fisheries, so rates from the most recent years were used. For the “other species” and skate fisheries, where insufficient mortality data are available, the mortality rate of halibut caught in the Pacific cod fishery for each gear type was recommended as the default rate. Table 10 lists the proposed 2008 and 2009 DMRs, which are unchanged from the 2007 DMRs. The DMRs for hook-and-line target fisheries range from 10 to 14 percent. The DMRs for trawl target fisheries range from 53 to 76 percent. Each DMR for the pot target fisheries is 16 percent. A copy of the document justifying these DMRs is available from the Council (see ADDRESSES ) and is discussed in Appendix A of the final 2006 SAFE report, dated November 2006. EP06DE07.017 American Fisheries Act
(AFA)Catcher Processor and Catcher Vessel Groundfish Harvest and PSC Limits Section 679.64 establishes groundfish harvesting and processing sideboard limits on AFA catcher processors and catcher vessels in the GOA. These sideboard limits are necessary to protect the interests of fishermen and processors who do not directly benefit from the AFA from expansion in their fisheries by those fishermen and processors who receive exclusive harvesting and processing privileges under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA catcher processors from harvesting any species of fish in the GOA. Additionally, section 679.7(k)(1)(iv) prohibits listed AFA catcher processors from processing any pollock in the GOA and any groundfish harvested in Statistical Area 630 of the GOA. AFA catcher vessels that are less than 125 ft (38.1 m) LOA, have annual landings of pollock in the Bering Sea and Aleutian Islands less than 5,100 mt, and have made at least 40 GOA groundfish landings from 1995 through 1997 are exempt from GOA sideboard limits under § 679.64(b)(2)(ii). Sideboard limits for non-exempt AFA catcher vessels operating in the GOA are based on their traditional harvest levels in groundfish fisheries covered by the GOA FMP. Section 679.64(b)(3)(iii) establishes the GOA groundfish sideboard limits based on the retained catch of non-exempt AFA catcher vessels of each sideboard species from 1995 through 1997 divided by the TAC for that species over the same period. Table 11 lists the proposed 2008 and 2009 groundfish sideboard limits for non-exempt AFA catcher vessels. All targeted or incidental catch of sideboard species made by non-exempt AFA catcher vessels will be deducted from the sideboard limits in Table 11. BILLING CODE 3610-22-P EP06de07.018 BILLING CODE 3610-22-C EP06de07.019 The PSC sideboard limits for non-exempt AFA catcher vessels in the GOA are based on the aggregate retained groundfish catch by non-exempt AFA catcher vessels in each PSC target category from 1995 through 1997 divided by the retained catch of all vessels in that fishery from 1995 through 1997 (§ 679.64(b)(4)). Table 12 lists the proposed 2008 and 2009 catcher vessel halibut PSC limits for non-exempt AFA vessels using trawl gear. EP06de07.020 Non-AFA Crab Vessel Groundfish Sideboard Limits Section 680.22 establishes groundfish catch limits for vessels with a history of participation in the Bering Sea snow crab fishery to prevent these vessels from using the increased flexibility provided by the Crab Rationalization program to expand their level of participation in the GOA groundfish fisheries. Sideboard limits restrict a vessel's harvest to its historical landings in all GOA groundfish fisheries (except the fixed-gear sablefish fishery). Sideboard limits also apply to landings made using an LLP license derived from the history of a restricted vessel, even if that LLP is used on another vessel. Sideboard limits for non-AFA crab vessels operating in the GOA are based on their traditional harvest levels of TAC in groundfish fisheries covered by the GOA FMP. Sections 680.22
(d)and
(e)base the groundfish sideboard limits in the GOA on the retained catch by non-AFA crab vessels of each sideboard species from 1996 through 2000 divided by the total retained harvest of that species over the same period. Table 13 lists these proposed 2008 and 2009 groundfish sideboard limits for non-AFA crab vessels. All targeted or incidental catch of sideboard species made by non-AFA crab vessels will be deducted from the sideboard limits in Table 13. Vessels exempt from Pacific cod sideboards are those that landed less than 45,359 kilograms of Bering Sea snow crab and more than 500 mt of groundfish (in round weight equivalents) from the GOA between January 1, 1996 and December 31, 2000, and any vessel named on an LLP that was generated in whole or in part by the fishing history of a vessel meeting the criteria in § 680.22(a)(3). BILLING CODE 3610-22-P EP06de07.021 EP06de07.022 BILLING CODE 3610-22-C Rockfish Program Groundfish Sideboard Limitations and Halibut Mortality Limitations The Rockfish Program establishes sideboards to limit the ability of participants eligible for the Rockfish Program to harvest fish in fisheries other than the Central GOA rockfish fisheries. The Rockfish Program provides certain economic advantages to harvesters. Harvesters could use this economic advantage to increase their participation in other fisheries, adversely affecting the participants in other fisheries. The proposed sideboards for 2008 and 2009 limit the total amount of catch in other groundfish fisheries that could be taken by eligible harvesters and limit the amount of halibut mortality to historic levels. The sideboard measures are in effect only during the month of July. Traditionally, the Central GOA rockfish fisheries opened in July. The sideboards are designed to restrict fishing during the historical season for the fishery, but allow eligible rockfish harvesters to participate in fisheries before or after the historical rockfish season. The sideboard provisions are discussed in detail in the proposed rule (71 FR 33040, June 7, 2006) and final rule (71 FR 67210, November 20, 2006) for the Rockfish Program. Table 14 lists the proposed 2008 and 2009 Rockfish Program harvest limits in the WYK District and the Western GOA. Table 15 lists the proposed 2008 and 2009 Rockfish Program halibut mortality limits for catcher processors and catcher vessels. EP06DE07.023 EP06DE07.024 Gulf of Alaska Amendment 80 Vessel Groundfish Harvest and PSC Limits Section 679.92 establishes groundfish harvesting sideboard limits on all Amendment 80 program vessels, other than the F/V GOLDEN FLEECE, to amounts no greater than the limits shown in Table 37 to part 679. Sideboard limits in the GOA are proposed for pollock in the Western and Central Regulatory Areas and in the WYK District, for Pacific cod gulfwide, for Pacific ocean perch and pelagic shelf rockfish in the Western Regulatory Area and WYK District, and for northern rockfish in the Western Regulatory Area. The harvest of Pacific ocean perch, pelagic shelf rockfish, and northern rockfish in the Central Regulatory Area of the GOA is subject to regulation under the Central GOA Rockfish Program. Amendment 80 program vessels not qualified under the Rockfish Program are excluded from directed fishing for these rockfish species in the Central GOA. Under regulations, the F/V GOLDEN FLEECE is prohibited from directed fishing for pollock, Pacific cod, Pacific ocean perch, pelagic shelf rockfish, and northern rockfish in the GOA. These sideboard limits are necessary to protect the interests of fishermen who do not directly benefit from the Amendment 80 program from expansion into their fisheries by the program's participants. Groundfish sideboard limits for Amendment 80 vessels operating in the GOA are based on their average aggregate harvests from 1998 to 2004. Table 16 lists the proposed 2008 and 2009 sideboard limits for Amendment 80 vessels. All targeted or incidental catch of sideboard species made by Amendment 80 vessels will be deducted from the sideboard limits in Table 16. EP06DE07.025 The PSC sideboard limits for Amendment 80 vessels in the GOA are based on the historic use of halibut PSC by Amendment 80 vessels in each PSC target category from 1998 through 2004 (Table 38 to 50 CFR part 679). These values are slightly lower than the average historic use to accommodate two factors: allocation of halibut PSC CQ under the Central GOA Rockfish Program and the exemption of the F/V GOLDEN FLEECE from this restriction. Table 17 lists the proposed 2008 and 2009 halibut PSC limits for Amendment 80 vessels. EP06de07.026 Classification NMFS has determined that the proposed specifications are consistent with the FMP and preliminarily determined that the proposed specifications are consistent with the Magnuson-Stevens Act and other applicable laws. This action is authorized under 50 CFR 679.20 and is exempt from review under Executive Order 12866. NMFS prepared a Final EIS for this action and made it available to the public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the Record of Decision
(ROD)for the Final EIS. Copies of the Final EIS and ROD for this action are available from NMFS (see ADDRESSES ). The Final EIS analyzes the environmental consequences of the proposed action and its alternatives on resources in the action area. The Final EIS found no significant environmental consequences from the proposed action or its alternatives. NMFS also prepared an Initial Regulatory Flexibility Analysis
(IRFA)as required by Section 603 of the Regulatory Flexibility Act. The IRFA evaluates the impacts on small entities of alternative harvest strategies for the groundfish fisheries in the Exclusive Economic Zone
(EEZ)off of Alaska. While the specification numbers may change from year to year, the harvest strategy for establishing those numbers remains the same. NMFS therefore is using the same IRFA prepared in connection with the EIS. NMFS published notice of the availability of the IRFA and its summary in the classification section of the proposed harvest specifications for the groundfish fisheries in the BSAI in the **Federal Register** on December 15, 2006 (71 FR 75460). The comment period on the BSAI proposed harvest specifications and IRFA ended on January 16, 2007. NMFS did not receive any comments on the IRFA. A description of the action, why it is being considered, and the legal basis for this action are contained in the preamble above. This IRFA meets the statutory requirements of the Regulatory Flexibility Act of 1980, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601-612). A copy of this analysis is available from NMFS (see ADDRESSES ). A summary of the IRFA follows. The action under consideration is a harvest strategy to govern the catch of groundfish in the BSAI. The preferred alternative is the status quo harvest strategy in which TACs fall within the range of ABCs recommended by the Council's harvest specification process and TACs recommended by the Council. This action is taken in accordance with the FMP prepared by the Council pursuant to the Magnuson-Stevens Act. The directly regulated small entities include approximately 747 small catcher vessels and less than 20 small catcher processors. The entities directly regulated by this action are those that harvest groundfish in the EEZ of the GOA, and in parallel fisheries within State of Alaska waters. These include entities operating catcher vessels and catcher processor vessels within the action area, and entities receiving direct allocations of groundfish. Catcher vessels and catcher processors were considered to be small entities if they had annual gross receipts of $4 million per year or less from all economic activities, including the revenue of their affiliated operations. Data from 2005 were the most recent available to determine the number of small entities. Estimates of first wholesale gross revenues for the GOA were used as indices of the potential impacts of the alternative harvest strategies on small entities. An index of revenues were projected to decline under the preferred alternative due to declines in ABCs for key species in the GOA. The index of revenues declined by less than 4 percent between 2006 and 2007 and by less than one percent between 2006 and 2008. The preferred alternative (Alternative 2) was compared to four other alternatives. These included Alternative 1, which would have set TACs to generate fishing rates equal to the maximum permissible ABC (if the full TAC were harvested), unless the sum of TACs exceeded the GOA OY, in which case harvests would be limited to the OY. Alternative 3 would have set TACs to produce fishing rates equal to the most recent five-year average fishing rate. Alternative 4 would have set TACs to equal the lower limit of the GOA OY range. Alternative 5 would have set TACs equal to zero. Alternative 5 is the “no action” alternative. Alternatives 3, 4, and 5 were all associated with smaller levels for important fishery TACs than Alternative 2. Estimated total first wholesale gross revenues were used as an index of potential adverse impacts to small entities. As a consequence of the lower TAC levels, Alternatives 3, 4, and 5 all had smaller of these first wholesale revenue indices than Alternative 2. Thus, Alternatives 3, 4, and 5 had greater adverse impacts on small entities. Alternative 1 appeared to generate higher values of the gross revenue index for fishing operations in the GOA than Alternative 2. A large part of the Alternative 1 GOA revenue appears to be due to the assumption that the full Alternative 1 TAC would be harvested. Much of the larger revenue is due to increases in flatfish TACs that were much greater for Alternative 1 than for Alternative 2. In recent years, halibut bycatch constraints in these fisheries have kept actual flatfish catches from reaching Alternative 1 levels. Therefore, a large part of the revenues associated with Alternative 1 are unlikely to occur. Also, Alternative 2 TACs are constrained by the ABCs the Plan Teams and SSC are likely to recommend to the Council on the basis of a full consideration of biological issues. These ABCs are often less than Alternative 1's maximum permissible ABCs. Therefore higher TACs under Alternative 1 may not be consistent with prudent biological management of the resource. For these reasons, Alternative 2 is the preferred alternative. This action does not modify recordkeeping or reporting requirements, or duplicate, overlap, or conflict with any Federal rules. Adverse impacts on marine mammals resulting from fishing activities conducted under this rule are discussed in the Final EIS (see ADDRESSES ). Authority: 16 U.S.C. 773 *et seq.* , 1801 *et seq.* , 3631 *et seq* ; Pub. L. 108-447. Dated: November 29, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 07-5940 Filed 12-5-07; 8:45 am]
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U.S. Code
41 references not yet in our index
  • 7 CFR 613
  • Pub. L. 96-354
  • 7 USC 1010-1011
  • 40 CFR 174
  • 40 CFR 178
  • 40 CFR 2
  • 40 CFR 174.501
  • 40 CFR 158.740(b)(2)(i)
  • 40 CFR 174.507
  • Pub. L. 104-4
  • Pub. L. 104-113
  • 7 USC 136-136y
  • 44 CFR 64
  • 44 CFR 59
  • 44 CFR 10
  • 44 CFR 67
  • 44 CFR 60
  • 5 USC 601-612
  • 49 CFR 630
  • Pub. L. 109-59
  • Pub. L. 104-13
  • 109 Stat. 163
  • 109 Stat. 48
  • 42 USC 4321-4347
  • 49 CFR 1.51
  • 50 CFR 300
  • 50 CFR 300.65
  • 16 USC 773-773k
  • 14 CFR 25
  • 14 CFR 23
  • 14 CFR 121
  • 14 CFR 139
  • 14 CFR 39
  • 44 CFR 67.4(a)
  • 44 CFR 60.3
  • 50 CFR 679
  • Pub. L. 108-199
  • 50 CFR 679.23(d)(2)(i)
  • 50 CFR 679.2
  • 50 CFR 679.20
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U.S.C.§ 553
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U.S.C.§ 590a
U.S.C.§ 346a
Fed. Reg.Notices
Fed. Reg.Notices
Fed. Reg.Notices
U.S.C.§ 3501
Fed. Reg.Notices
Cite7 CFR 613
Pub. L.Pub. L. 96-354
Cite7 USC 1010-1011
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