Notices. Final rule

9,280 words·~42 min read·/register/2007/12/28/07-6232

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

BILLING CODE 4120-01-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA-8005] 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. 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: Connecticut: North Canaan, Town of, Litchfield County 090149 February 21, 1975, Emerg;—, Reg; January 02, 2008, Susp 01/02/2008 01/02/2008 Region II: New York: Cambridge, Village of, Washington County 360883 October 18, 1974, Emerg; April 17, 1985, Reg; January 02, 2008, Susp ......do Do. Region III: Virginia: Appomattox, Town of, Appomattox County 510194 February 22, 1974, Emerg; May 25, 1984, Reg; January 02, 2008, Susp ......do Do. Appomattox County, Unincorporated Areas 510011 February 11, 1974, Emerg; July 17, 1978, Reg; January 02, 2008, Susp ......do Do. Region IV: North Carolina: Archdale, City of, Randolph County 370273 May 27, 1975, Emerg; July 16, 1981, Reg; January 02, 2008, Susp ......do Do. Asheboro, City of, Randolph County 370196 June 12, 1975, Emerg; July 16, 1981, Reg; January 02, 2008, Susp ......do Do. Franklinville, Town of, Randolph County 370197 July 10, 1975, Emerg; July 1, 1987, Reg; January 02, 2008, Susp ......do Do. Montgomery County, Unincorporated Areas 370336 February 20, 1997, Emerg; February 20, 1997, Reg; January 02, 2008, Susp ......do Do. Ramseur, Town of, Randolph County 370198 October 30, 1974, Emerg; March 1, 1987, Reg; January 02, 2008, Susp ......do Do. Randleman, City of, Randolph County 370199 August 15, 1975, Emerg; July 1, 1987, Reg; January 02, 2008, Susp ......do Do. Randolph County, Unincorporated Areas 370195 February 3, 1976, Emerg; July 16, 1981, Reg; January 02, 2008, Susp ......do Do. Trinity, City of, Randolph County 370625 May 18, 2005, Emerg; May 18, 2005, Reg; January 02, 2008, Susp ......do Do. Troy, Town of, Montgomery County 370627 June 18, 2002, Emerg;—, Reg; January 02, 2008, Susp ......do Do. Region V: Wisconsin: Mequon, City of, Ozaukee County 555564 July 2, 1971, Emerg; November 3, 1972, Reg; December 4, 2007, Susp 12/04/2007 12/04/2007 Region VII: Nebraska: Nickerson, Town of, Dodge County 310070 January 20, 2004, Emerg; January 20, 2004, Reg; January 02, 2008, Susp 01/02/2008 01/02/2008 North Bend, City of, Dodge County 310239 January 15, 1974, Emerg; March 18, 1980, Reg; January 02, 2008, Susp ......do Do. Winslow, Village of, Dodge County 310410 March 7, 1975, Emerg; December 4, 1979, Reg; January 02, 2008, Susp ......do Do. Region VIII: Colorado: Fraser, Town of, Grand County 080073 May 12, 1995, Emerg;—, Reg; January 02, 2008, Susp ......do Do. Grand Lake, Town of, Grand County 080214 May 9, 1979, Emerg; January 1, 1986, Reg; January 02, 2008, Susp ......do Do. Winter Park, Town of, Grand County 080305 July 30, 1980, Emerg; November 15, 1985, Reg; January 02, 2008, Susp ......do Do. Wyoming: Campbell County, Unincorporated Areas 560081 December 8, 1975, Emerg; May 15, 1984, Reg; January 02, 2008, Susp ......do Do. Gillette, City of, Campbell County 560007 April 15, 1975, Emerg; May 15, 1978, Reg; January 02, 2008, Susp ......do Do. Wright, Town of, Campbell County 560117 December 2, 2002, Emerg;—, Reg; January 02, 2008, Susp ......do Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: December 17, 2007. David I. Maurstad, Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-25317 Filed 12-27-07; 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: State City/town/ county Source of flooding Location #Depth in feet above ground. *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)Modified Pike County, Kentucky and Incorporated Areas Docket No.: FEMA-B-7456 KY Pike County (Unincorporated Areas) Ferguson Creek At the confluence Ferguson Creek with Pikeville Pond +676 City of Pikeville Approximately 100 feet upstream of confluence of Williams Branch +853 Pike County (Unincorporated Areas) Harolds Branch At the confluence Harolds Branch with Pikeville Pond +678 City of Pikeville Approximately 3,020 feet upstream of Pikeville Pond +705 Pike County (Unincorporated Areas) Lower Chloe Creek At the confluence Lower Chloe Creek with Pikeville Pond +676 City of Pikeville Approximately 680 feet downstream of confluence of Peter Fork +747 Pike County (Unincorporated Areas) Pikeville Pond Approximately 3,160 feet downstream of confluence of Harolds Branch +666 City of Pikeville At the confluence Pikeville Pond with Levisa Fork +686 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. (Note: NGVD −.609′ = NAVD) ADDRESSES Pike County (Unincorporated Areas) Maps are available for inspection at 260 Hambley Boulevard, Pikeville, KY 41501. Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)# Depth in feet above ground Modified Communities affected East Baton Rouge Parish, Louisiana and Incorporated Areas Docket No.: FEMA-B-7700 Bayou Duplantier and Corporation Canal Confluence with Dawson Creek +25 East Baton Rouge Parish. Intersection with Nicholson Drive on-ramp +29 Bayou Fountain Confluence with Bayou Manchac +14 East Baton Rouge Parish. 500 feet upstream from the intersection with Nicholson Drive +23 North Branch Confluence with Bayou Fountain +21 East Baton Rouge Parish. Approximately 2100 feet upstream from the intersection with Nicholson Drive (at pedestrian bridge) +22 South Branch Confluence with Bayou Fountain +23 East Baton Rouge Parish. Approximately 2100 feet upstream from the intersection with Gourrier Ave +24 Tributary 1 Upstream face-Fulmer Skipwith Road +16 East Baton Rouge Parish. Approximately 1200 feet upstream from the intersection with Highland Road +18 Clay Cut Bayou Approximately 4400 feet downstream from Tiger Bend Road +26 East Baton Rouge Parish. Approximately 600 feet upstream from the intersection with Bluebonnet Road +32 Dawson Creek Confluence with Ward's Creek +24 East Baton Rouge Parish. Approximately 1200 feet upstream from the intersection with Clay Cut Road +36 Elbow Bayou Upstream face of Illinois Central Railroad +18 East Baton Rouge Parish. Approximately 3.1 miles upstream from Ben Hur Road +21 Jacks Bayou Confluence with Clay Cut Bayou +30 East Baton Rouge Parish. Approximately 2400 feet upstream from the intersection with Parkforest Drive +37 Mississippi River Intersection of Bluebonnet Blvd and Nicholson Dr. (East Baton Rouge Parish limits) +42 East Baton Rouge Parish. Mississippi River west of W. Mount Pleasant Road (East Baton Rouge Parish limits) +52 West of W. Mount Pleasant Road (East Baton Rouge Parish Boundary) +42 At confluence of Mississippi River and Bayou Manchac (East Baton Rouge Parish Boundary) +52 North Branch Wards Creek Confluence with Wards Creek +29 East Baton Rouge Parish. Approximately 1100 feet upstream from the intersection with Connells Village Lane +44 South Canal Diversion Approximately 2300 feet upstream from the intersection with Plank Road +82 East Baton Rouge Parish, City of Baker Approximately 2300 feet upstream from the intersection with Plank Road +82 East Baton Rouge Parish East Baton Rouge Parish +16 East Baton Rouge Parish Approximately 2300 feet upstream from the intersection with Elvin Drive +16 Unnamed Tributary to North Branch Wards Creek (Harelson Lateral) Confluence with North Branch Wards Creek +40 East Baton Rouge Parish. Confluence with North Branch Wards Creek +43 Upper Cypress Bayou Approximately 2800 feet upstream from the intersection with Heck Young Rd +81 City of Zachary. Approximately 100 feet downstream from the intersection with Rollins Road +94 Upper White Bayou Confluence with South Canal +82 City of Zachary, East Baton Rouge Parish. Approximately 2700 feet upstream from Old Scenic Highway +119 Wards Creek Confluence with Bayou Manchac +18 East Baton Rouge Parish. Approximately 100 feet upstream from the intersection with Choctaw Drive +51 Weiner Creek Confluence with Jones Creek +39 East Baton Rouge Parish. Approximately 1100 feet upstream from the intersection with Church Entrance Road +42 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Baker Maps are available for inspection at City Hall, 3325 Groom Road, Baker, LA 70714. City of Zachary Maps are available for inspection at City Hall, 4650 Main Street, Zachary, LA 70791. East Baton Rouge Parish Maps are available for inspection at 4th Floor Municipal Building, 300 North Blvd, Baton Rouge, LA 70802. Liberty County, Texas and Unincorporated Areas Docket No.: FEMA-B-7708 Cedar Bayou (Lower) Approximately 1800 feet downstream from Kenning Road (County Boundary) +36 Liberty County (Unincorporated Areas). Approximately 3200 feet upstream from Crosby East Gate Road (County Boundary) +62 Trinity River Approximately 1.3 miles downstream from U.S. Route 90 +25 City of Liberty. Approximately 3.6 miles upstream from the Missouri Pacific Railroad +36 Liberty County (Unincorporated Areas). * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Liberty Maps are available for inspection at Liberty City Hall, 1829 Sam Houston, Liberty, TX 77575. Liberty County (Unincorporated Areas) Maps are available for inspection at Liberty County Annex, 2103 Cos Street, Liberty, TX 77575. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: December 18, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-25304 Filed 12-27-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURTIY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations; Correction AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule; correction. SUMMARY: This document corrects the table to a final rule published in the **Federal Register** of September 17, 2007. This correction clarifies the table representing the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for Cleveland County, North Carolina, and Incorporated Areas; specifically, for the flooding source “Brushy Creek Tributary 1 of Tributary 6,” and for Randolph County, North Carolina, and Incorporated Areas, specifically, for the flooding source “Dodsons Lake 2” than was previously published. 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. 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)646-2903. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)publishes final determinations of Base (1-percent-annual-chance) Flood Elevations

(BFEs)and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. The Federal Emergency Management Agency makes the final determinations 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 Assistant Administrator for the Mitigation Directorate of FEMA has resolved any appeals resulting from this notification. Correction Accordingly, in final rule FR Doc. E7-18260 published on September 17, 2007, (72 FR 52796), the following corrections are made to 44 CFR part 67: § 67.11 [Corrected] 1. On page 52798, in § 67.11, in the table with center heading Cleveland County, North Carolina, and Incorporated Areas, the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for flooding source “Brushy Creek Tributary 6”, and on page 52811, in § 67.11, in the table with the center heading Randolph County, North Carolina, and Incorporated Areas, the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for flooding source “Dodsons Lake Tributary 2”, needs to be corrected to read 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 * * * * * * * Cleveland County, North Carolina, and Incorporated Areas Docket No.: FEMA-B-7711 * * * * * * * Brushy Creek Tributary 1 of Tributary 6 At the confluence with Brushy Creek Tributary 6 +752 Cleveland County (Unincorporated Areas). Approximately 820 feet upstream of Barbee Road +780 * * * * * * * Randolph County, North Carolina, and Incorporated Areas Docket Nos.: FEMA-D-7630, FEMA-D-7686, and FEMA-D-7694 * * * * * * * Dodsons Lake 2 At the confluence with Dodsons Lake +613 Randolph County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with Dodsons Lake +626 * * * * * * * Dated: December 6, 2007. David I. Maurstad, *Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.* [FR Doc. E7-25296 Filed 12-27-07; 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

(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 flood-prone 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: State City/town/county Source of flooding Location * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground. (modified) City of Lynchburg, Virginia Docket No.: FEMA—B-7715 Virginia City of Lynchburg Burton Creek Confluence with Blackwater Creek +660 Approximately 1800 feet upstream of Wards Ferry Road +758 Burton Creek Tributary No. 1 Confluence with Burton Creek +758 Approximately 1.0 mile upstream of confluence with Burton Creek +870 Tributary No. 2 Confluence with Burton Creek Tributary No. 1 +767 Approximately 950 feet upstream of Wade Land +844 Tributary No. 3 Confluence with Burton Creek +758 Approximately 2300 feet upstream of confluence with Burton Creek +841 Tributary No. 4 Confluence with Burton Creek +755 Approximately 0.5 mile upstream of Wards Ferry Road +836 Tributary No. 5 Confluence with Burton Creek +755 Approximately 850 feet upstream of confluence with Burton Creek +768 Tributary No. 6 Confluence with Burton Creek +720 Approximately 1250 feet upstream of confluence with Burton Creek +757 Rock Castle Creek Confluence with Burton Creek +740 Just upstream of Wards Ferry Road +810 Tributary No. 4 Confluence with Rock Castle Creek +758 Approximately 1500 feet upstream of railroad spur +843 Tributary No. 5 Confluence with Rock Castle Creek +740 Approximately 200 feet upstream of Lynchburg Expressway +783 Tributary No. 6 Confluence with Rock Castle Creek +740 Approximately 800 feet upstream of Edgewood Drive +804 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Lynchburg Maps are available for inspection at 900 Church Street, 2nd Floor Planning Division, Lynchburg, VA 24504. Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground (modified) Communities affected Pearl River County, Mississippi, and Incorporated Areas Docket No.: FEMA-B-7720 East Hobolochitto Creek Just upstream of West Union Road +86 Pearl River County (Unincorporated Areas). Approximately 420 feet upstream of Savannah Millard Road +147 Jumpoff Creek At the confluence with East Hobolochitto Creek +162 Pearl River County (Unincorporated Areas). Just upstream of Norfolk Southern Railroad +238 Juniper Creek At the confluence with East Hobolochitto Creek +166 Pearl River County (Unincorporated Areas). Approximately 1,900 feet upstream of Dupont-Harris Road +252 Long Branch At the confluence with West Hobolochitto Creek +72 Pearl River County (Unincorporated Areas). Approximately 6,900 feet upstream of Nelle Burkes Road +161 Mill Creek No. 1 At the Pearl River-Hanconk County Boundary +79 Pearl River County (Unincorporated Areas). Approximately 4,800 feet upstream of Mill Creek 2 Tributary 4 +175 No. 3 Approximately 170 feet upstream of Boley Bypass Road +54 Pearl River County (Unincorporated Areas). Approximately 14,600 feet upstream of Highway 11 +180 No. 4 Just upstream of the dam +91 Pearl River County (Unincorporated Areas). Approximately 6,200 feet upstream of Rock Ranch Road +143 West Hobolochitto Creek Approximately 600 feet downstream of Henleyfield-McNeill Road +98 Pearl River County (Unincorporated Areas). Approximately 200 feet upstream of Highway 26 +130 White Sand Creek At the confluence with West Hobolochitto Creek +129 Pearl River County (Unincorporated Areas). Approximately 4,050 feet upstream of White Sand Creek Tributary 7 +247 Wolf River Approximately 16,100 feet downstream of McNeill-McHenry Road +120 Pearl River County (Unincorporated Areas). Approximately 2,500 feet upstream of Highway 11 +241 *National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES Pearl River County (Unincorporated Areas) Maps are available for inspection at Department of Planning and Development, 167 Savannah-Millard Road, Poplarville, MS 39470. Warren County, Virginia, and Incorporated Areas Docket No.: FEMA-B-7705 North Fork Shenandoah River Confluence with South Fork Shenandoah River +498 Warren County (Unincorporated Areas). Town of Front Royal Corporate Limits (approximately 1.46 miles upstream of confluence with Shenandoah River) +498 South Fork Shenandoah River Confluence of Punches Run +500 Warren County (Unincorporated Areas). Town of Front Royal Corporate Limits (just upstream of Catlett Mountain Road and Luray Avenue) +506 *National Geodetic Vertical Datum. +North American Vertical Datum. #Depth in feet above ground. ADDRESSES Warren County (Unincorporated Areas) Maps are available for inspection at 220 North Commerce Avenue, Suite 400, Front Royal, VA 22630. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: December 14, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-25288 Filed 12-27-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 225 [FRA-2007-0018] Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2008 AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This rule increases the rail equipment accident/incident reporting threshold from $8,200 to $8,500 for certain railroad accidents/incidents involving property damage that occur during calendar year 2008. This action is needed to ensure that FRA's reporting requirements reflect cost increases that have occurred since the reporting threshold was last computed for calendar year 2007. DATES: *Effective Date:* This regulation is effective January 1, 2008. FOR FURTHER INFORMATION CONTACT: Arnel B. Rivera, Staff Director, Office of Safety Analysis, RRS-22, Mail Stop 17, FRA, 1200 New Jersey Avenue, SE., West Building 3rd Floor, Washington, DC 20590 (telephone 202-493-1331); or Sandra S. Ries, Trial Attorney, Office of Chief Counsel, RCC-10, Mail Stop 10, FRA, 1200 New Jersey Avenue, SE., West Building 3rd Floor, Washington, DC 20590 (telephone 202-493-6047). SUPPLEMENTARY INFORMATION: Background A “rail equipment accident/incident” is a collision, derailment, fire, explosion, act of God, or other event involving the operation of railroad on-track equipment (standing or moving) that results in damages to railroad on-track equipment, signals, tracks, track structures, or roadbed, including labor costs and the costs for acquiring new equipment and material, greater than the reporting threshold for the year in which the event occurs. 49 CFR 225.19(c). Each rail equipment accident/incident must be reported to FRA using the Rail Equipment Accident/Incident Report (Form FRA F 6180.54). 49 CFR 225.19(b) and (c). Paragraphs

(c)and

(e)of 49 CFR 225.19 provide that the dollar figure that constitutes the reporting threshold for rail equipment accidents/incidents will be adjusted, if necessary, every year in accordance with the procedures outlined in appendix B to part 225 to reflect any cost increases or decreases. 61 FR 30940 (June 18, 1996); 61 FR 60632 (November 29, 1996); 61 FR 67477 (December 23, 1996); 62 FR 63675 (December 2, 1997); 63 FR 71790 (December. 30, 1998); 64 FR 69193 (December 10, 1999); 65 FR 69884 (November 21, 2000); 66 FR 66346 (December 26, 2001); 67 FR 79533 (December 30, 2002); 70 FR 75414 (December 20, 2005); 72 FR 1184 (January 10, 2007). New Reporting Threshold Approximately one year has passed since the rail equipment accident/incident reporting threshold was revised. 72 FR 1184 (January 10, 2007). Consequently, FRA has recalculated the threshold, as required by § 225.19(c), based on increased costs for labor and increased costs for equipment. FRA has determined that the current reporting threshold of $8,200, which applies to rail equipment accidents/incidents that occur during calendar year 2007, should increase by $300 to $8,500 for equipment accidents/incidents occurring during calendar year 2008, effective January 1, 2008. The specific inputs to the equation set forth in appendix B (i.e., *Tnew* = *Tprior* * [1 + 0.4( *Wnew* − *Wprior* )/ *Wprior* + 0.6( *Enew* − *Eprior* )/100]) to part 225 are: Tprior Wnew Wprior Enew Eprior $8,200 $21.50323 $21.45800 175.56667 169.7 Where: *Tnew* = New threshold; *Tprior* = Prior threshold (with reference to the threshold, “prior” refers to the previous threshold rounded to the nearest $100, as reported in the **Federal Register** ); *Wnew* = New average hourly wage rate, in dollars; W *prior* = Prior average hourly wage rate, in dollars; *Enew* = New equipment average PPI value; *Eprior* = Prior equipment average PPI value. Using the above figures, the calculated new threshold,

(Tnew)is $8,495.55, which is rounded to the nearest $100 for a final new reporting threshold of $8,500. Notice and Comment Procedures In this rule, FRA has recalculated the monetary reporting threshold based on the formula discussed in detail and adopted, after notice and comment, in the final rule published December 20, 2005, 70 FR 75414. FRA has found that both the current cost data inserted into this pre-existing formula and the original cost data that they replace were obtained from reliable Federal government sources. FRA has found that this rule imposes no additional burden on any person, but rather provides a benefit by permitting the valid comparison of accident data over time. Accordingly, finding that notice and comment procedures are either impracticable, unnecessary, or contrary to the public interest, FRA is proceeding directly to the final rule. Regulatory Impact Executive Order 12866 and DOT Regulatory Policies and Procedures This rule has been evaluated in accordance with existing policies and procedures, and determined to be non-significant under both Executive Order 12866 and DOT policies and procedures (44 FR 11034 (Feb. 26, 1979)). Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612) requires a review of proposed and final rules to assess their impact on small entities, unless the Secretary certifies that the rule will not have a significant economic impact on a substantial number of small entities. Pursuant to Section 312 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), FRA has issued a final policy that formally establishes “small entities” as including railroads that meet the line-haulage revenue requirements of a Class III railroad. 49 CFR part 209, app. C. For other entities, the same dollar limit in revenues governs whether a railroad, contractor, or other respondent is a small entity. *Id* . About 680 of the approximately 718 railroads in the United States are considered small entities by FRA. FRA certifies that this final rule will have no significant economic impact on a substantial number of small entities. To the extent that this rule has any impact on small entities, the impact will be neutral or insignificant. The frequency of rail equipment accidents/incidents, and therefore also the frequency of required reporting, is generally proportional to the size of the railroad. A railroad that employs thousands of employees and operates trains millions of miles is exposed to greater risks than one whose operation is substantially smaller. Small railroads may go for months at a time without having a reportable occurrence of any type, and even longer without having a rail equipment accident/incident. For example, current FRA data indicate that 3,379 rail equipment accidents/incidents were reported in 2004, with small railroads reporting 307 of them. In 2005, 3,252 rail equipment accidents/incidents were reported, and small railroads reported 321 of them. Data for 2006 show that 2,935 rail equipment accidents/incidents were reported, with small railroads reporting 345 of them. On average for those three calendar years, small railroads reported about 10% (ranging approximately from 9% to 12%) of the total number of rail equipment accidents/incidents. FRA notes that these data are accurate as of the date of issuance of this final rule, and are subject to minor changes due to additional reporting. Absent this rulemaking (i.e., any increase in the monetary reporting threshold), the number of reportable accidents/incidents would increase, as keeping the 2007 threshold in place would not allow it to keep pace with the increasing dollar amounts of wages and rail equipment repair costs. Therefore, this rule will be neutral in effect. Increasing the reporting threshold will slightly decrease the recordkeeping burden for railroads over time. Any recordkeeping burden will not be significant and will affect the large railroads more than the small entities, due to the higher proportion of reportable rail equipment accidents/incidents experienced by large entities. Paperwork Reduction Act There are no new information collection requirements associated with this final rule. Therefore, no estimate of a public reporting burden is required. Federalism Implications FRA has analyzed this rule in accordance with Executive Order 13132, which requires an agency to determine whether a rule will have a substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. FRA has determined that the rule will not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism assessment. Accordingly, a federalism assessment has not been prepared. Environmental Impact FRA has evaluated this regulation in accordance with its “Procedures for Considering Environmental Impacts” (FRA's Procedures) (64 FR 28545, May 26, 1999) as required by the National Environmental Policy Act (42 U.S.C. 4321 *et seq.* ), other environmental statutes, Executive Orders, and related regulatory requirements. FRA has determined that this regulation is not a major FRA action (requiring the preparation of an environmental impact statement or environmental assessment) because it is categorically excluded from detailed environmental review pursuant to section 4(c)(20) of FRA's Procedures. 64 FR 28545, 28547, May 26, 1999. In accordance with sections 4(c) and

(e)of FRA's Procedures, the agency has further concluded that no extraordinary circumstances exist with respect to this regulation that might trigger the need for a more detailed environmental review. As a result, FRA finds that this regulation is not a major Federal action significantly affecting the quality of the human environment. Unfunded Mandates Reform Act of 1995 Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency “shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law).” Section 202 of the Act (2 U.S.C. 1532) further requires that “before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of [$132,300,000 or more (as adjusted for inflation)] in any one year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement” detailing the effect on State, local, and tribal governments and the private sector. The final rule will not result in the expenditure, in the aggregate, of $132,300,000 or more in any one year, and thus preparation of such a statement is not required. Energy Impact Executive Order 13211 requires Federal agencies to prepare a Statement of Energy Effects for any “significant energy action.” 66 FR 28355 (May 22, 2001). Under the Executive Order, a “significant energy action” is defined as any action by an agency (normally published in the **Federal Register** ) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking: That (1)(i) is a significant regulatory action under Executive Order 12866 or any successor order, and

(ii)is likely to have a significant adverse effect on the supply, distribution, or use of energy; or

(2)that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. FRA has evaluated this final rule in accordance with Executive Order 13211. FRA has determined that this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Consequently, FRA has determined that this regulatory action is not a “significant energy action” within the meaning of Executive Order 13211. Privacy Act Anyone is able to search the electronic form of all our comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://www.regulations.gov.* List of Subjects in 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. The Rule In consideration of the foregoing, FRA amends part 225 of chapter II, subtitle B of title 49, Code of Federal Regulations, as follows: PART 225—[AMENDED] 1. The authority citation for part 225 continues to read as follows: Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49. 2. Amend § 225.19 by revising the first sentence of paragraph

(c)and revising paragraph

(e)to read as follows: § 225.19 Primary groups of accidents/incidents.

(c)*Group II—Rail equipment.* Rail equipment accidents/incidents are collisions, derailments, fires, explosions, acts of God, and other events involving the operation of on-track equipment (standing or moving) that result in damages higher than the current reporting threshold ( *i.e.* , $6,700 for calendar years 2002 through 2005, $7,700 for calendar year 2006, $8,200 for calendar year 2007, and $8,500 for calendar year 2008) to railroad on-track equipment, signals, tracks, track structures, or roadbed, including labor costs and the costs for acquiring new equipment and material. * * *

(e)The reporting threshold is $6,700 for calendar years 2002 through 2005, $7,700 for calendar year 2006, $8,200 for calendar year 2007 and $8,500 for calendar year 2008. The procedure for determining the reporting threshold for calendar years 2006 and beyond appears as paragraphs 1-8 of appendix B to part 225. Issued in Washington, DC, on December 19, 2007. Joseph H. Boardman, Administrator. [FR Doc. E7-24999 Filed 12-27-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 071221883-7885-01] RIN 0648-XE66 Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,939 nm 2 (6,650 km 2 ), south of Rockland, Maine, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales). DATES: Effective beginning at 0001 hours December 30, 2007, through 2400 hours January 13, 2008. ADDRESSES: Copies of the proposed and final Dynamic Area Management

(DAM)rules, Environmental Assessments (EAs), Atlantic Large Whale Take Reduction Team (ALWTRT) meeting summaries, and progress reports on implementation of the ALWTRP may also be obtained by writing Diane Borggaard, NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 01930. FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast Region, 978-281-9300 x6503; or Kristy Long, NMFS, Office of Protected Resources, 301-713-2322. SUPPLEMENTARY INFORMATION: Electronic Access Several of the background documents for the ALWTRP and the take reduction planning process can be downloaded from the ALWTRP web site at *http://www.nero.noaa.gov/whaletrp/* . Background The ALWTRP was developed pursuant to section 118 of the Marine Mammal Protection Act

(MMPA)to reduce the incidental mortality and serious injury of three endangered species of whales (right, fin, and humpback) due to incidental interaction with commercial fishing activities. In addition, the measures identified in the ALWTRP would provide conservation benefits to a fourth species (minke), which are neither listed as endangered nor threatened under the Endangered Species Act (ESA). The ALWTRP, implemented through regulations codified at 50 CFR 229.32, relies on a combination of fishing gear modifications and time/area closures to reduce the risk of whales becoming entangled in commercial fishing gear (and potentially suffering serious injury or mortality as a result). On January 9, 2002, NMFS published the final rule to implement the ALWTRP's DAM program (67 FR 1133). On August 26, 2003, NMFS amended the regulations by publishing a final rule, which specifically identified gear modifications that may be allowed in a DAM zone (68 FR 51195). The DAM program provides specific authority for NMFS to restrict temporarily on an expedited basis the use of lobster trap/pot and anchored gillnet fishing gear in areas north of 40° N. lat. to protect right whales. Under the DAM program, NMFS may:

(1)require the removal of all lobster trap/pot and anchored gillnet fishing gear for a 15-day period;

(2)allow lobster trap/pot and anchored gillnet fishing within a DAM zone with gear modifications determined by NMFS to sufficiently reduce the risk of entanglement; and/or

(3)issue an alert to fishermen requesting the voluntary removal of all lobster trap/pot and anchored gillnet gear for a 15-day period and asking fishermen not to set any additional gear in the DAM zone during the 15-day period. A DAM zone is triggered when NMFS receives a reliable report from a qualified individual of three or more right whales sighted within an area (75 nm 2 (139 km 2 )) such that right whale density is equal to or greater than 0.04 right whales per nm 2 (1.85 km 2 ). A qualified individual is an individual ascertained by NMFS to be reasonably able, through training or experience, to identify a right whale. Such individuals include, but are not limited to, NMFS staff, U.S. Coast Guard and Navy personnel trained in whale identification, scientific research survey personnel, whale watch operators and naturalists, and mariners trained in whale species identification through disentanglement training or some other training program deemed adequate by NMFS. A reliable report would be a credible right whale sighting. On December 19, 2007, an aerial survey reported an aggregation of 30 right whales in the proximity of 43° 25′ N latitude and 68° 31′ W longitude. The position lies approximately 50nm south of Rockland, Maine. After conducting an investigation, NMFS ascertained that the report came from a qualified individual and determined that the report was reliable. Thus, NMFS has received a reliable report from a qualified individual of the requisite right whale density to trigger the DAM provisions of the ALWTRP. Once a DAM zone is triggered, NMFS determines whether to impose restrictions on fishing and/or fishing gear in the zone. This determination is based on the following factors, including but not limited to: the location of the DAM zone with respect to other fishery closure areas, weather conditions as they relate to the safety of human life at sea, the type and amount of gear already present in the area, and a review of recent right whale entanglement and mortality data. NMFS has reviewed the factors and management options noted above relative to the DAM under consideration. As a result of this review, NMFS prohibits lobster trap/pot and anchored gillnet gear in this area during the 15-day restricted period unless it is modified in the manner described in this temporary rule. The DAM Zone is bound by the following coordinates: 43° 42′ N., 69° 04′ W. (NW Corner) 43° 42′ N., 68° 02′ W. 42° 59′ N., 68° 02′ W. 42° 59′ N., 69° 04′ W. 43° 42′ N., 69° 04′ W. (NW Corner) In addition to those gear modifications currently implemented under the ALWTRP at 50 CFR 229.32, the following gear modifications are required in the DAM zone. If the requirements and exceptions for gear modification in the DAM zone, as described below, differ from other ALWTRP requirements for any overlapping areas and times, then the more restrictive requirements will apply in the DAM zone. Lobster Trap/pot gear Fishermen utilizing lobster trap/pot gear within portions of Northern Nearshore Lobster Waters that overlap with the DAM zone are required to utilize all of the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per trawl; and 4. A weak link with a maximum breaking strength of 600 lb (272.4 kg) must be placed at all buoys. Fishermen utilizing lobster trap/pot gear within the portion of the Offshore Lobster Waters Area that overlap with the DAM zone are required to utilize all of the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per trawl; and 4. A weak link with a maximum breaking strength of 1,500 lb (680.4 kg) must be placed at all buoys. Anchored Gillnet Gear Fishermen utilizing anchored gillnet gear within the portions of the Other Northeast Gillnet Waters Area that overlap with the DAM zone are required to utilize all the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per string; 4. The breaking strength of each net panel weak link must not exceed 1,100 lb (498.8 kg). The weak link requirements apply to all variations in net panel size. One weak link must be placed in the center of the floatline and one weak link must be placed in the center of each of the up and down lines at both ends of the net panel. Additionally, one weak link must be placed as close as possible to each end of the net panels on the floatline; or, one weak link must be placed between floatline tie-loops between net panels and one weak link must be placed where the floatline tie-loops attach to the bridle, buoy line, or groundline at each end of a net string; 5. A weak link with a maximum breaking strength of 1,100 lb (498.8 kg) must be placed at all buoys; and 6. All anchored gillnets, regardless of the number of net panels, must be securely anchored with the holding power of at least a 22 lb (10.0 kg) Danforth-style anchor at each end of the net string. The restrictions will be in effect beginning at 0001 hours December 31, 2007, through 2400 hours, January 14, 2008, unless terminated sooner or extended by NMFS through another notification in the **Federal Register** . The restrictions will be announced to state officials, fishermen, ALWTRT members, and other interested parties through e-mail, phone contact, NOAA website, and other appropriate media immediately upon issuance of the rule by the AA. Classification In accordance with section 118(f)(9) of the MMPA, the Assistant Administrator

(AA)for Fisheries has determined that this action is necessary to implement a take reduction plan to protect North Atlantic right whales. Environmental Assessments for the DAM program were prepared on December 28, 2001, and August 6, 2003. This action falls within the scope of the analyses of these EAs, which are available from the agency upon request. NMFS provided prior notice and an opportunity for public comment on the regulations establishing the criteria and procedures for implementing a DAM zone. Providing prior notice and opportunity for comment on this action, pursuant to those regulations, would be impracticable because it would prevent NMFS from executing its functions to protect and reduce serious injury and mortality of endangered right whales. The regulations establishing the DAM program are designed to enable the agency to help protect unexpected concentrations of right whales. In order to meet the goals of the DAM program, the agency needs to be able to create a DAM zone and implement restrictions on fishing gear as soon as possible once the criteria are triggered and NMFS determines that a DAM restricted zone is appropriate. If NMFS were to provide prior notice and an opportunity for public comment upon the creation of a DAM restricted zone, the aggregated right whales would be vulnerable to entanglement which could result in serious injury and mortality. Additionally, the right whales would most likely move on to another location before NMFS could implement the restrictions designed to protect them, thereby rendering the action obsolete. Therefore, pursuant to 5 U.S.C. 553(b)(B), the AA finds that good cause exists to waive prior notice and an opportunity to comment on this action to implement a DAM restricted zone to reduce the risk of entanglement of endangered right whales in commercial lobster trap/pot and anchored gillnet gear as such procedures would be impracticable. For the same reasons, the AA finds that, under 5 U.S.C. 553(d)(3), good cause exists to waive the 30-day delay in effective date. If NMFS were to delay for 30 days the effective date of this action, the aggregated right whales would be vulnerable to entanglement, which could cause serious injury and mortality. Additionally, right whales would likely move to another location between the time NMFS approved the action creating the DAM restricted zone and the time it went into effect, thereby rendering the action obsolete and ineffective. Nevertheless, NMFS recognizes the need for fishermen to have time to either modify or remove (if not in compliance with the required restrictions) their gear from a DAM zone once one is approved. Thus, NMFS makes this action effective 2 days after the date of publication of this document in the **Federal Register** . NMFS will also endeavor to provide notice of this action to fishermen through other means upon issuance of the rule by the AA, thereby providing approximately 3 additional days of notice while the Office of the **Federal Register** processes the document for publication. NMFS determined that the regulations establishing the DAM program and actions such as this one taken pursuant to those regulations are consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of the U.S. Atlantic coastal states. This determination was submitted for review by the responsible state agencies under section 307 of the Coastal Zone Management Act. Following state review of the regulations creating the DAM program, no state disagreed with NMFS' conclusion that the DAM program is consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program for that state. The DAM program under which NMFS is taking this action contains policies with federalism implications warranting preparation of a federalism assessment under Executive Order 13132. Accordingly, in October 2001 and March 2003, the Assistant Secretary for Intergovernmental and Legislative Affairs, Department of Commerce, provided notice of the DAM program and its amendments to the appropriate elected officials in states to be affected by actions taken pursuant to the DAM program. Federalism issues raised by state officials were addressed in the final rules implementing the DAM program. A copy of the federalism Summary Impact Statement for the final rules is available upon request ( ADDRESSES ). The rule implementing the DAM program has been determined to be not significant under Executive Order 12866. Authority: 16 U.S.C. 1361 *et seq.* and 50 CFR 229.32(g)(3) Dated: December 21, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 07-6232 Filed 12-21-07; 2:53 pm]

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