Rules and Regulations. Notice of proposed rulemaking (NPRM)

Agency: Federal Aviation Administration (FAA), DOT
Action: Notice of proposed rulemaking (NPRM)
Citation: 73 FR (No. 65) · FR Doc. 08-1090 · RIN 2120-AA64 · Docket No. FAA-2008-0224; Directorate Identifier 2007-NE-44-AD · 14 CFR 39

Summary

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) provided by the aviation authority of Germany to identify and correct an unsafe condition on an aviation product. The MCAI states the following: It is necessary to change the limits of the High Pressure (HP) Turbine Stage 1 and Stage 2 Rotor Discs. The maximum approved life of these discs is decreased for all flight missions. This Emergency Airworthiness Directive (EAD) has been raised to instruct mandatory decreased maximum approved lives in the BR715 Time Limits Manual (TLM) T-715-3BR for the HP Turbine Stage 1 Rotor Disc for both Part No. BRH20130 and Part No. BRH20131 and of the High Pressure (HP) Turbine Stage 2 Rotor Disc for both Part No. BRH19423 and Part No. BRH19427 for all flight missions. The life limits are decreased by the same proportion for all flight missions, thus back to birth pro-rata calculations due to the life limit changes are not necessary. We are proposing this AD to prevent rotating parts that may have exceeded their low-cycle fatigue life limits from failing, which could result in uncontained engine failure and subsequent damage to the airplane.

Dates

We must receive comments on this proposed AD by May 5, 2008.

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-2008-0224; Directorate Identifier 2007-NE-44-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 based on 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 European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency Airworthiness Directive (EAD) 2007-0152-E, dated June 1, 2007, to correct an unsafe condition for the specified products. The EASA EAD states: It is necessary to change the limits of the High Pressure (HP) Turbine Stage 1 and Stage 2 Rotor Discs. The maximum approved life of these discs is decreased for all flight missions. This Emergency Airworthiness Directive (EAD) has been raised to instruct mandatory decreased maximum approved lives in the BR715 Time Limits Manual (TLM) T-715-3BR for the HP Turbine Stage 1 Rotor Disc for both Part No. BRH20130 and Part No. BRH20131 and of the High Pressure (HP) Turbine Stage 2 Rotor Disc for both Part No. BRH19423 and Part No. BRH19427 for all flight missions. The life limits are decreased by the same proportion for all flight missions, thus back to birth pro-rata calculations due to the life limit changes are not necessary. You may obtain further information by examining the EASA EAD in the AD docket. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of Germany, and is approved for operation in the United States. Pursuant to our bilateral agreement with Germany, they have notified us of the unsafe condition described in the EASA EAD and service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would require reducing the published life limits of HP Turbine Stage 1 Discs, P/Ns BRH20130 and BRH20131, and HP Turbine Stage 2 Discs, P/Ns BRH19423 and BRH19427. Costs of Compliance We estimate that this proposed AD would affect 260 engines installed on airplanes of U.S. registry. We also estimate that it would take about 1 work-hour per engine to perform the proposed actions and that the average labor rate is $80 per work-hour. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $20,800. Our cost estimate is exclusive of possible warranty coverage. 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 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 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. 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. 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 FAA amends § 39.13 by adding the following new AD: Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2008-0224; Directorate Identifier 2007-NE-44-AD. Comments Due Date (a) We must receive comments by May 5, 2008. Affected ADs (b) None. Applicability (c) This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan engines. These engines are installed on, but not limited to, McDonnell Douglas Model 717-200 airplanes. Reason (d) It is necessary to change the limits of the High Pressure (HP) Turbine Stage 1 and Stage 2 Rotor Discs. The maximum approved life of these discs is decreased for all flight missions. This Emergency Airworthiness Directive (EAD) has been raised to instruct mandatory decreased maximum approved lives in the BR715 Time Limits Manual (TLM) T-715-3BR for the HP Turbine Stage 1 Rotor Disc for both Part No. BRH20130 and Part No. BRH20131 and of the High Pressure (HP) Turbine Stage 2 Rotor Disc for both Part No. BRH19423 and Part No. BRH19427 for all flight missions. The life limits are decreased by the same proportion for all flight missions, thus back to birth pro-rata calculations due to the life limit changes are not necessary. We are issuing this AD to prevent rotating parts that may have exceeded their low-cycle fatigue life limits from failing, which could result in uncontained engine failure and subsequent damage to the airplane. Actions and Compliance (e) No later than 30 days after the effective date of this AD the following mandatory actions need to be completed for each individual BR700-715 HP Turbine Stage 1 Rotor Disc for both Part No. BRH20130 and Part No. BRH20131 and High Pressure (HP) Turbine Stage 2 Rotor Disc for both Part No. BRH19423 and Part No. BRH19427 installed in a BR700-715A1-30, B1-30 or C1-30 engine: (1) Identify the mandatory decreased maximum approved life for the HP Turbine Stage 1 and Stage 2 Rotor Discs listed in the tables below: High Pressure (HP) Turbine Stage 1 Rotor Disc Part No. Mandatory decreased maximum approved life Engine thrust rating A1-30 Design B1-30 Design C1-30 Design Engine flight mission A1-30 Hawaiian C1-30 Tropical C1-30 derated Tropical BRH20130 15971 13324 10500 17647 3794 7941 BRH20131 15971 13324 10500 17647 3794 7941 High Pressure (HP) Turbine Stage 2 Rotor Disc Part No. Mandatory decreased maximum approved life Engine thrust rating A1-30 Design B1-30 Design C1-30 Design Engine flight mission A1-30 Hawaiian C1-30 Tropical C1-30 derated Tropical BRH19423 21165 17800 13372 1165 10893 13461 BRH19427 21165 17800 13372 21165 10893 13461 Note: Approved lives in the table are in flight cycles (2) Record the mandatory maximum approved life in the applicable lifing documentation. It is mandatory to use the values given in the two tables in step (e)(1) of this AD. Alternative Methods of Compliance (AMOCs) (f) The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information (g) Refer to EASA Emergency Airworthiness Directive 2007-0152-E, dated June 1, 2007, for related information. (h) Contact Jason Yang, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: jason.yang@faa.gov; telephone (781) 238-7747; fax (781) 238-7199, for more information about this AD. Issued in Burlington, Massachusetts, on March 19, 2008. Ann C. Mollica, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E8-6866 Filed 4-2-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket FAA No. FAA-2008-0180; Airspace Docket No. 08-AAL-6] Proposed Revocation of Area Navigation Jet Routes J-888R and J-996R; Alaska AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM); correction. SUMMARY: This action corrects a notice of proposed rulemaking (NPRM) published in the Federal Register March 12, 2008 (73 FR 13159), Airspace Docket No. 08-AAL-6, FAA Docket No. FAA-2008-0111. In that rule, the FAA docket number is incorrect. The correct FAA docket number should state FAA-2008-0180, instead of FAA-2008-0111. In addition, a typographical error to one Jet Route was made in the title. The title of the NPRM should reference Jet Route J-888R, instead of J-889R. This action corrects those errors. DATES: Effective Date: 0901 UTC, April 3, 2008. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-8783. SUPPLEMENTARY INFORMATION: History On March 12, 2008, an NPRM was published in the Federal Register for Airspace Docket No. 08-AAL-6, FAA Docket No. FAA-2008-0111 (73 FR 13159), revoking Area Navigation Jet Routes J-889R and J-996R in Alaska. Subsequent to publication, it was found that the FAA docket number was incorrect; the correct number is FAA-2008-0180. In addition, the reference to one Area Navigation Jet Route was incorrectly stated in the title of the NPRM. The correct Jet Route should have stated J-888R, instead of J-889R. This action corrects those errors. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, the FAA docket number and the title of the NPRM as published in the Federal Register on March 12, 2008 (73 FR 13159), Airspace Docket No. 08-AAL-6, FAA Docket No. FAA-2008-0111, and incorporated by reference in 14 CFR 71.1, is corrected as follows: § 71.1 [Amended] On page 13159, correct the FAA docket number and the title to read as follows: Docket No. FAA-2008-0180 Proposed Revocation of Area Navigation Jet Routes J-888R and J-996R; Alaska Issued in Washington, DC, on March 27, 2008. Stephen L. Rohring, Acting Manager, Airspace and Rules Group. [FR Doc. E8-6935 Filed 4-2-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0162] RIN 1625-AA00 Safety Zone; Red Bull Air Race; San Diego Bay, San Diego, CA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes establishing a temporary safety zone on the navigable waters of San Diego Bay, CA in support of the Red Bull Air Race. The safety zone would be necessary to provide for the safety of the crew, spectators, participants in the event, participating vessels and other vessels and users of the waterway. Persons and vessels would be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative. DATES: Comments and related material must reach the Coast Guard on or before April 11, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2008-0162 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods: (1) Online: http://www.regulations.gov. (2) Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (3) Hand delivery: Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329. (4) Fax: 202-493-2251. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Petty Officer Adam Proctor, Waterways Management Division, U.S. Coast Guard Sector San Diego, CA, at telephone (619) 278-7277. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have provided. We have an agreement with the Department of Transportation (DOT) to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2008-0162), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES ; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov at any time, click on “Search for Dockets,” and enter the docket number for this rulemaking (USCG-2008-0162) in the Docket ID box, and click enter. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act Anyone can search the electronic form of all 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 the Department of Transportation's Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register . Background and Purpose The Coast Guard would be establishing a safety zone on the navigable waters of San Diego Bay in support of the Red Bull Air Races. This temporary safety zone is necessary to provide for the safety of the crews, spectators, and participants of the race and is also necessary to protect other vessels and users of the waterway. Discussion of Proposed Rule The Coast Guard proposes to establish a safety zone that would be enforced from 8 a.m. through 7 p.m. from April 29th, 2008 through May 4th, 2008. This safety zone is necessary to provide for the safety of the crews, spectators, and participants of the Red Bull Air Race and to protect other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. The limits of this temporary safety zone include all areas within a box that extends to the following coordinates: 32°42′41.00″ N, 117°10′33.06″ W; 32°42′26.40″ N, 117°10′55.69″ W; 32°41′57.22″ N, 117° 9′33.05″ W; and 32°41′45.04″ N, 117° 9′54.28″ W. Coast Guard personnel will enforce this safety zone. The Coast Guard may be assisted by other Federal, State, or local agencies, including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal Regulations, prohibits any unauthorized person or vessel from entering or remaining in a safety zone. Vessels or persons violating this section will be subject to both criminal and civil penalties. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. The safety zone is of a limited duration, only eleven hours per day for a period of four days, and is limited to a relatively small geographic area. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. (1) The propsed rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit or anchor in a portion of the safety zone in San Diego Bay, San Diego, CA, from 8 a.m. to 7 p.m. on April 29th, 2008 through May 4th, 2008. (2) This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. This rule only encompasses only a portion of the waterway, there will be chances for boating traffic to pass through the safety zone and the Captain of the Port may authorize entry into the zone, if necessary. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Petty Officer Adam Proctor, Waterways Management Division, U.S. Coast Guard Sector San Diego at telephone (619) 278-7277. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment. A preliminary “Environmental Analysis Check List” supporting this preliminary determination is available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR Part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. Add new § 165.T11-015 to read as follows: § 165.T11-015 Safety Zone; Red Bull Air Race, San Diego Bay, San Diego, CA (a) Location . The limits of this temporary safety zone would include all areas within a box that extends to the following coordinates: 32°42′41.00″ N, 117°10′33.06″ W; 32°42′26.40″ N, 117°10′55.69″ W; 32°41′57.22″ N, 117°9′33.05″ W; and 32°41′45.04″ N, 117°9′54.28″ W. (b) Effective Period . This section would be effective from 8 a.m. through 7 p.m. from April 29th, 2008 through May 5th, 2008. If the need for the safety zone ends before the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone. (c) Regulations . In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this zone by all vessels would be prohibited, unless authorized by the Captain of the Port or his designated representative. Mariners requesting permission to transit through the safety zone may request authorization to do so from the Patrol Commander (PATCOM). The Patrol Commander may be contacted on VHF-FM Channel 16. Enforcement . All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. Patrol personnel can be comprised of commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by the U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. The Coast Guard may be assisted by other federal, state, or local agencies. Dated: March 5, 2008. D.L. LeBlanc, Commander, U.S. Coast Guard, Acting Captain of the Port, San Diego. [FR Doc. E8-6892 Filed 4-2-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0219] RIN 1625-AA00 Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Buffalo Zone AGENCY: Coast Guard, DHS. ACTION: Notice of Proposed Rulemaking. SUMMARY: The Coast Guard proposes establishment of safety zones for annual events in the Captain of the Port Buffalo zone. This proposed rule consolidates current regulations establishing safety zones for annual fireworks events in the former Captain of the Port Cleveland Zone and the former Captain of the Port Buffalo Zone. In addition, it adds events not previously published in Coast Guard regulations. These safety zones are necessary to protect spectators, participants, and vessels from the hazards associated with fireworks displays or other events. DATES: Comments and related materials must reach the Coast Guard on or before May 5, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2008-0219 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods: (1) Online: http://www.regulations.gov . (2) Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (3) Hand delivery: Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329. (4) Fax: 202-493-2251. FOR FURTHER INFORMATION CONTACT: CDR Joseph Boudrow, U.S. Coast Guard Sector Buffalo; (716) 843-9572. I. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have provided. We have an agreement with the Department of Transportation (DOT) to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2008-0219), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name, mailing address, and an e-mail address or other contact information in the body of your document to ensure that you can be identified as the submitter. This also allows us to contact you in the event further information is needed or if there are questions. For example, if we cannot read your submission due to technical difficulties and you cannot be contacted; your submission may not be considered. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES ; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov at any time, click on “Search for Dockets,” and enter the docket number for this rulemaking (USCG-2008-0219) in the Docket ID box, and click enter. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. C. Privacy Act Anyone can search the electronic form of all 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 the Department of Transportation's Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov. SUPPLEMENTARY INFORMATION: Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to Commander, Coast Guard Sector Buffalo, at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register . Background and Purpose On July 22, 2005, the Coast Guard consolidated the Captain of the Port Cleveland zone and the Captain of the Port Buffalo zone into one zone re-defining the Captain of the Port Buffalo zone. This proposed rule will consolidate the regulations found in 33 CFR 165.202, Safety Zones; Annual Fireworks Events in the Captain of the Port Cleveland Zone, the regulations found in 33 CFR 165.914, Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone so that all the annual fireworks events in the current Captain of the Port Buffalo Zone are found in one CFR section. In addition this proposal adds events not previously published in the CFR. These safety zones are necessary to protect vessels and people from the hazards associated with fireworks displays or other events. Such hazards include obstructions to the waterway that may cause marine casualties and the explosive danger of fireworks and debris falling into the water that may cause death or serious bodily harm. Discussion of Proposed Rule The proposed rule and associated safety zones are necessary to ensure the safety of vessels and people during annual firework events in the Captain of the Port Buffalo area of responsibility that may pose a hazard to the public. This proposal consolidates the events listed in §§ 165.202 and 165.914 into a new section 165.939. This new section unites all the annual Firework events in the recently consolidated COTP Buffalo zone into one section of the CFR. In addition, there are several events that are added and some events that have been deleted in this new section. The proposed safety zones will be enforced only immediately before, during, and after events that pose hazard to the public, and only upon notice by the Captain of the Port. The Captain of the Port Buffalo will notify the public that the zones in this proposal are or will be enforced by all appropriate means to the affected segments of the public including publication in the Federal Register as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to, Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is cancelled. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated representative. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo, or his designated representative. The Captain of the Port or his designated representative may be contacted via VHF Channel 16. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. The Coast Guard's use of these safety zones will be periodic, of short duration, and designed to minimize the impact on navigable waters. These safety zones will only be enforced immediately before, during, and after the time the events occur. Furthermore, these safety zones have been designed to allow vessels to transit unrestricted to portions of the waterways not affected by the safety zones. The Coast Guard expects insignificant adverse impact to mariners from the activation of these safety zones. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: The owners of operators of vessels intending to transit or anchor in the areas designated as safety zones in subparagraphs (1) through (28) during the dates and times the safety zones are being enforced. These safety zones would not have a significant economic impact on a substantial number of small entities for the following reasons: This proposed rule would be in effect for short periods of time, and only once per year, per zone. The safety zones have been designed to allow traffic to pass safely around the zone whenever possible and vessels will be allowed to pass through the zones with the permission of the Captain of the Port. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this proposed rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact CDR Joseph Boudrow, Prevention Department, Coast Guard Sector Buffalo, Buffalo, NY, at (716) 843-9572. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule will not result in such expenditure, we nevertheless discuss its effects elsewhere in this preamble. Taking of Private Property This proposed rule will not effect the taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b) (2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments The Coast Guard recognizes the treaty rights of Native American Tribes. Moreover, the Coast Guard is committed to working with Tribal Governments to implement local policies and to mitigate tribal concerns. We have determined that these safety zones and fishing rights protection need not be incompatible. We have also determined that this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Nevertheless, Indian Tribes that have questions concerning the provisions of this proposed rule or options for compliance are encouraged to contact the point of contact listed under FOR FURTHER INFORMATION CONTACT . Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this section is not likely to have a significant effect on the human environment. A preliminary “Environmental Analysis Check List” supporting this preliminary determination is available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and record keeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.939 to read as follows: § 165.939 Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone. (a) Safety Zones. The following areas are designated Safety zones and are listed geographically from New York to Ohio. (1) Boldt Castle 4th of July Fireworks, Heart Island, NY . (i) Location. All waters of the St. Lawrence River within a 500-foot radius of the land position: 44°20′39″ N, 075°55′16″ W; at Heart Island, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 9pm to 10pm on July 4 of each year. (2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY . (i) Location. All waters of the St. Lawrence River within a 500-foot radius of land position: 44°15′05″ N, 076°05′35″ W; in Calumet Island Harbor, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 9 p.m. to 10 p.m. on July 1 of each year. (3) French Festival Fireworks, Cape Vincent, NY. (i) Location. All waters of the St. Lawrence River within a 500-foot radius of land position: 44°07′53″ N, 076°20′02″ W. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 9:30 p.m. to 10:30 p.m. on the first or second weekend of July each year. (4) Brewerton Fireworks, Brewerton, NY. (i) Location. All waters of Lake Oneida within a 500-foot radius of barge position: 43°14′15″ N, 076°08′03″ W; in Brewerton, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 9:30 p.m. to 10:30 p.m. on the first weekend of July each year. (5) Celebrate Baldwinsville Fireworks, Baldwinsville, NY. (i) Location. All waters of the Seneca River within a 500-foot radius of land position: 43°09′21″ N, 076°20′01″ W. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 9:30 p.m. to 10 p.m. on the third weekend of September each year. (6) Island Festival Fireworks Display, Baldwinsville, NY. (i) Location. All waters of the Seneca River within a 500-foot radius of land position: 43°09′25″ N, 076°20′21″ W; in Baldwinsville, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 10 p.m. to 10:30 p.m. on the first weekend of July each year. (7) Seneca River Days, Baldwinsville, NY. (i) Location. All waters of the Seneca River within a 500-foot radius of land position: 43°09′25″ N, 076°20′21″ W; in Baldwinsville, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 9:30 p.m. to 10:30 p.m. on the first weekend of July each year. (8) Oswego Harborfest, Oswego, NY. (i) Location. All waters of Lake Ontario within a 1,000 foot radius of barge position: 43°28′10″ N, 076°31′04″ W; in Oswego, NY. (DATUM: NAD 83). (ii) Enforcement Date. This section is effective from 9 p.m. to 10 p.m. on the last Saturday in July each year. (9) Village Fireworks, Sodus Point, NY. (i) Location. All waters of Sodus Bay within a 500-foot radius of land position: 43°16′27″ N, 076°58′27″ W; in Sodus Point, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 10 p.m. to 10:30 p.m. on the first Saturday in July each year. (10) City of Syracuse Fireworks Celebration, Syracuse, NY. (i) Location. All waters of Onondaga Lake within a 350-foot radius of land position: 43°03′37″ N, 076°09′59″ W; in Syracuse, NY. (DATUM: NAD 83). (ii) Enforcement Date. This section is effective from 9:30 p.m, to 10:30 p.m. on the last weekend in June each year. (11) Tom Graves Memorial Fireworks, Port Bay, NY. (i) Location. All waters of Port Bay within a 500-foot radius of barge position: 43°17′46″ N, 076°50′02″ W; in Port Bay, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 10 p.m. to 10:30 p.m. on the first weekend in July each year. (12) Rochester Harbor and Carousel Festival, Rochester, NY. (i) Location. All waters of Lake Ontario within a 500-foot radius of land position: 43°15′21″ N, 077°36′19″ W in Rochester, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 8 p.m. to 10 p.m. on June 24th of each year. (13) North Tonawanda Fireworks Display, Tonawanda, NY. (i) Location. All waters of the East Niagara River within a 500-foot radius of a barge located at position: 43°01′12″ N, 078°53′36″ W; in North Tonawanda, NY. (DATUM: NAD 83). (ii) Enforcement date. This section is effective from 9:45 p.m. to 10:15 p.m. on July 4th of each year. (14) Tonawanda's Canal Fest Fireworks, Tonawanda, NY. (i) Location. All waters of the East Niagara River within a 500-foot radius of barge position: 43°01′12″ N, 078°53′36″ W; in Tonawanda, NY. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:30 p.m. to 10:30 p.m. on the fourth Sunday in July each year. (15) Celebrate Erie Fireworks, Erie, PA . (i) Location . All waters of Presque Isle Bay within an 800-foot radius of land position: 42°08′19″ N, 080°05′29″ W; at the end of Dobbins Landing Pier, Erie, PA. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 10:30 p.m. on the third weekend in August each year. (16) Ashtabula Area Fireworks, Walnut Beach, Ashtabula, OH . (i) Location . All waters of Lake Erie and Ashtabula Harbor within a 300-yard radius of land position: 41°54.167′ N, 080°48.416′ W; in Ashtabula, OH. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the second weekend in July each year. (17) Fairport Harbor Mardi Gras, Fairport Harbor, OH . (i) Location . All waters of Fairport Harbor and Lake Erie within a 300-yard radius of land position: 41°45.500′ N, 081°16.300′ W; east of the harbor entrance at Fairport Harbor Beach, OH. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the first Saturday of July each year. (18) Lake County Perchfest Fireworks, Fairport, OH . (i) Location . All waters of Fairport Harbor and Lake Erie within a 300-yard radius of land position: 41°45.500′ N, 081°16.300′ W; in Fairport, OH. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the second weekend in September each year. (19) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH . (i) Location . All waters of Lake Erie and Mentor Harbor within a 200-yard radius of 41°43.200′ N, 081°21.400′ W (west of the harbor entrance); in Mentor Harbor, OH. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. (20) Browns Football Halftime Fireworks, Cleveland, OH . (i) Location . All navigable waters of Cleveland Harbor and Lake Erie beginning in approximate land position: 41°30.823′ N, 081°41.620′ W (the northwest corner of Burke Lakefront Airport); continuing northwest to 41°31.176′ N, 081°41.884′ W; then southwest to 41°30.810′ N, 081°42.515′ W; then southeast to 41°30.450′ N, 081°42.222′ W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 41°30.823′ N, 081°41.620′ W. (DATUM: NAD 83). (ii) Enforcement date . This section is effective on a Sunday during the second or third Cleveland Brown's home game each year. (21) City of Cleveland 4th of July Fireworks, Cleveland, OH . (i) Location . All navigable waters of Cleveland Harbor and Lake Erie within a 400-yard radius of Main Entrance Light 5 (LLNR 4180) at position: 41°30.23′ N, 081°42.7′ W; in Cleveland, OH (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. (22) Dollar Bank Jamboree Fireworks Display, Cleveland, OH . (i) Location . All navigable waters of Cleveland Harbor and Lake Erie beginning at land position: 41°30.823′ N, 081°41.620′ W (the northwest corner of Burke Lakefront Airport); continuing northwest to 41°31.176′ N, 081°41.884′ W; then southwest to 41°30.810′ N, 081°42.515′ W; then southeast to 41°30.450′ N, 081°42.222′ W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 41°30.823′ N, 081°41.620′ W. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. (23) Lakewood City Fireworks Display, Lakewood,OH . (i) Location . All waters of Lake Erie within a 200-yard radius of land position: 41°29.755′ N, 081°47.780′ W (off of Lakewood Park); in Lakewood, OH. (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. (24) Cleveland Yachting Club Fireworks Display, Rocky River, OH . (i) Location. All waters of the Rocky River and Lake Erie within a 200-yard radius of land position 41°29.428′ N, 081°50.309′ W (DATUM: NAD 83) at Sunset Point on the western side of the mouth of the Rocky River in Cleveland, OH. (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the third weekend in July each year. (25) Lorain 4th of July Celebration Fireworks Display, Lorain, OH . (i) Location . All waters of Lorain Harbor within a 300-yard radius of land position 41°28.591′ N, 082°10.855′ W (DATUM: NAD 83), east of the harbor entrance on the end of the break wall near Spitzer's Marina. (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. (26) Lorain Port Fest Fireworks Display, Lorain, OH . (i) Location . All waters of Lorain Harbor within a 250-yard radius of land position: 41°28.040′ N, 082°10.365′ W; in Lorain, OH (DATUM: NAD 83). (ii) Enforcement date . This section is effective from 9:45 p.m. to 11 p.m. on the third weekend in July each year. (b) Definitions . The following definitions apply to this section: (1) Designated Representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Buffalo to monitor a safety zone, permit entry into the zone, give legally enforceable orders to persons or vessels within the zones, and take other actions authorized by the Captain of the Port. (2) Public vessel means vessels owned, chartered, or operated by the United States, or by a State or political subdivision thereof. (c) Regulations . (1) In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo, or his designated representative. (2)(i) These safety zones are closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated representative. (ii) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or his designated representative. (iii) Upon being hailed by the U.S. Coast Guard by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (3)(i) All vessels must obtain permission from the Captain of the Port Buffalo or his designated representative to enter, move within, or exit the safety zone established in this section when this safety zone is enforced. (ii) Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port or a designated representative. (iii) While within a safety zone, all vessels must operate at the minimum speed necessary to maintain a safe course. (d) Exemption . Public vessels, as defined in paragraph (b) of this section, are exempt from the requirements in this section. (e) Waiver . For any vessel, the Captain of the Port Buffalo or his designated representative may waive any of the requirements of this section, upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purposes of public or environmental safety. (f) Notification . The Captain of the Port Buffalo will notify the public that that the zones in this proposal are or will be enforced by all appropriate means to the affected segments of the public including publication in the Federal Register as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is cancelled. § 165.202 [Removed and Reserved] 3. Remove and reserve § 165.202. § 165.914 [Removed and Reserved] 4. Remove and reserve § 165.914. Dated: March 25, 2008. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E8-6896 Filed 4-2-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-R09-OAR-2008-0229; FRL-8550-8] Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; State of Nevada, Nevada Division of Environmental Protection AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: Pursuant to section 112(l) of the 1990 Clean Air Act, EPA granted delegation of specific national emission standards for hazardous air pollutants (NESHAP) to the Nevada Division of Environmental Protection on December 4, 2007. EPA is proposing to revise the Code of Federal Regulations to reflect the current delegation status of NESHAP in Nevada. DATES: Any comments on this proposal must arrive by May 5, 2008. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2008-0229, by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov . Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov . 3. Mail or deliver: Andrew Steckel (AIR-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Instructions: All comments will be included in the public docket without change and may be made available online at http://www.regulations.gov , including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Docket: The index to the docket for this action is available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-4124, wang.mae@epa.gov . SUPPLEMENTARY INFORMATION: This document concerns the delegation of unchanged NESHAP to the Nevada Division of Environmental Protection. In the Rules and Regulations section of this Federal Register , EPA is amending regulations to reflect the current delegation status of NESHAP in Nevada. EPA is taking direct final action without prior proposal because the Agency believes this action is not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Authority: This action is issued under the authority of Section 112 of the Clean Air Act, as amended, 42 U.S.C. 7412. Dated: March 19, 2008. Andrew Steckel, Acting Director, Air Division, Region IX. [FR Doc. E8-6920 Filed 4-2-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R03-RCRA-2008-0256; FRL-8549-1] Virginia: Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: Virginia has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Virginia. In the “Rules and Regulations” section of this Federal Register , EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. DATES: Send your written comments by May 5, 2008. ADDRESSES: Submit your comments by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov . Follow the on-line instructions for submitting comments. 2. E-mail: Thomas UyBarreta, uybarreta.thomas@epa.gov . 3. First Class or Overnight Mail: Thomas UyBarreta, Mailcode 3WC21, RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029. 4. Hand Delivery or Courier: Deliver your comments to Thomas UyBarreta, Mailcode 3WC21, RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029. FOR FURTHER INFORMATION CONTACT: Thomas UyBarreta at 215-814-2953. SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the “Rules and Regulations” section of this Federal Register . Dated: March 18, 2008. William T. Wisniewski, Acting Regional Administrator, EPA Region III. [FR Doc. E8-6675 Filed 4-2-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7770] 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 July 2, 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-7770, 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 Crawford County, Kansas, and Incorporated Areas Cow Creek Approximately 0.34 mile downstream of South Broadway None +878 Unincorporated Areas of Crawford County, City of Pittsburg. Confluence of Second Cow Creek None +891 East Fork of Taylor Branch Approximately 0.35 mile downstream of East 4th Street None +899 Unincorporated Areas of Crawford County, City of Pittsburg. At East Atkinson Avenue None +930 First Cow Creek Confluence with Second Cow Creek None +891 Unincorporated Areas of Crawford County, City of Pittsburg. Approximately 53 feet upstream of West 20th Street None +908 Taylor Branch Confluence with East Fork Taylor Branch None +897 City of Pittsburg. Approximately 0.36 mile upstream of East 10th Street None +934 * 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 Pittsburg Maps are available for inspection at 201 West 4th Street, Pittsburg, KS 66762. Unincorporated Areas of Crawford County Maps are available for inspection at 111 East Forest, Suite M, Girard, KS 66743. Yadkin County, North Carolina, and Incorporated Areas Arnold Branch At the confluence with South Deep Creek None +1030 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Rena Road (State Road 1316) None +1113 Beaverdam Creek At the confluence with Cobb Creek and Jonesville Creek None +909 Unincorporated Areas of Yadkin County, Town of Jonesville. Approximately 1,190 feet upstream of Haynes Road (State Road 1312) None +1030 Big Kennedy Creek At the Iredell/Yadkin County boundary None +847 Unincorporated Areas of Yadkin County. Approximately 160 feet upstream of the Iredell/Yadkin County boundary None +849 Cain Mill Branch At the Davie/Yadkin County boundary None +795 Unincorporated Areas of Yadkin County. Approximately 1,590 feet upstream of Snow Road (State Road 1160) None +858 Chinquapin Creek At the Davie/Yadkin County boundary None +788 Unincorporated Areas of Yadkin County. Approximately 90 feet downstream of Baity Road (State Road 1723) None +805 Cobb Creek At the confluence with Beaverdam Ceek and Jonesville Creek None +909 Unincorporated Areas of Yadkin County, Town of Jonesville. Approximately 1.2 miles upstream of Swaim Road None +951 Cranberry Creek At the confluence with South Deep Creek None +844 Unincorporated Areas of Yadkin County. Approximately 1.9 miles upstream of Whitaker Road (State Road 1334) None +1019 Deep Creek At the confluence with Yadkin River None +718 Unincorporated Areas of Yadkin County. Approximately 1,150 feet downstream of Speer Bridge Road (State Road 1711) +732 +731 Dobbins Creek At the confluence with North Little Hunting Creek None +977 Unincorporated Areas of Yadkin County. Approximately 0.6 mile upstream of Twin Creek Road (State Road 1319) None +1060 Dobbins Creek Tributary At the confluence with Dobbins Creek None +1040 Unincorporated Areas of Yadkin County. At the downstream side of Sandy Creek Drive None +1051 Fall Creek At the confluence with Yadkin River None +833 Unincorporated Areas of Yadkin County. Approximately 1,575 feet upstream of NC Highway 67 None +960 Fisher Creek At the confluence with South Deep Creek None +777 Unincorporated Areas of Yadkin County. Approximately 910 feet upstream of Brandon Hills Road (State Road 1153) None +798 Flat Rock Branch At the confluence with North Little Hunting Ceek None +839 Unincorporated Areas of Yadkin County. Approximately 810 feet downstream of Flat Rock Church Road None +941 Forbush Creek At the confluence with Yadkin River None +720 Unincorporated Areas of Yadkin County. Approximately 400 feet upstream of Union Grove Church Road (State Road 1585) None +922 Forbush Creek Tributary 1 At the confluence with Forbush Creek None +747 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of the confluence with Forbush Creek None +762 Forbush Creek Tributary 2 At the confluence with Forbush Creek None +748 Unincorporated Areas of Yadkin County. Approximately 1.1 miles upstream of the confluence with Forbush Creek None +795 Forbush Creek Tributary 3 At the confluence with Forbush Creek None +809 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of the confluence with Forbush Creek None +836 Forbush Creek Tributary 4 At the confluence with Forbush Creek None +830 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of Griffin Road (State Road 1591) None +852 Forbush Creek Tributary 5 At the confluence with Forbush Creek None +889 Unincorporated Areas of Yadkin County. Approximately 0.8 mile upstream of Bovendertown Road (State Road 1584) None +942 Hall Creek At the confluence with Yadkin River None +778 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of the confluence of Hall Creek Tributary 2 None +902 Hall Creek Tributary 1 At the confluence with Hall Creek None +853 Unincorporated Areas of Yadkin County. Approximately 0.6 mile upstream of the confluence with Hall Creek None +875 Hall Creek Tributary 2 At the confluence with Hall Creek None +874 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of the confluence with Hall Creek None +901 Harmon Creek Approximately 0.5 mile upstream of the confluence with South Deep Creek +740 +741 Unincorporated Areas of Yadkin County. Approximately 1,990 feet upstream of Ray T Moore Road (State Road 1725) None +812 Hauser Creek At the confluence with Yadkin River None +711 Unincorporated Areas of Yadkin County. At the Davie/Yadkin County boundary None +711 Haw Branch At the confluence with North Deep Creek None +800 Unincorporated Areas of Yadkin County, Town of Yadkinville. Approximately 1.1 miles upstream of the confluence with North Deep Creek None +825 Jonesville Creek At the confluence with Sandyberry Creek None +896 Town of Jonesville. At the confluence of Cobb Creek and Beaverdam Creek None +909 Lineberry Creek At the confluence with Yadkin River None +883 Unincorporated Areas of Yadkin County. Approximately 1.2 miles upstream of NC Highway 67 None +900 Little Forbrush Creek At the confluence with Forbrush Creek None +769 Unincorporated Areas of Yadkin County. Approximately 1.3 miles upstream of the confluence with Little Forbrush Creek Tributary 1 None +956 Little Forbush Creek Tributary 1 At the confluence witih Little Forbush Creek None +880 Unincorporated Areas of Yadkin County. Approximately 0.9 mile upstream of the confluence with Little Forbush Creek None +956 Logan Creek At the confluence with Forbush Creek None +720 Unincorporated Areas of Yadkin County. Approximately 1,180 feet downstream of NC Highway 67 None +959 Logan Creek Tributary 1 At the confluence with Logan Creek None +813 Unincorporated Areas of Yadkin County. Approximately 2.2 miles upstream of the confluence with Logan Creek None +883 Logan Creek Tributary 2 At the confluence with Logan Creek None +850 Unincorporated Areas of Yadkin County. Approximately 1,800 feet upstream of Dal Road (State Road 1581) None +906 Logan Creek Tributary 3 At the confluence with Logan Creek None +912 Unincorporated Areas of Yadkin County. Approximately 1.5 miles upstream of Mill Hill Road (State Road 1542) None +987 Loney Creek At the confluence with Logan Creek None +739 Unincorporated Areas of Yadkin County. Approximately 1.7 miles upstream of the confluence with Logan Creek None +786 Long Branch At the Iredell/Yadkin County boundary None +898 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of Barron Hill Road (State Road 1102) None +948 Long Branch North At the confluence with North Little Hunting Creek None +938 Unincorporated Areas of Yadkin County. Approximately 1,350 feet upstream of Wells Hollow Drive None +1075 Mill Branch At the confluence with Logan Creek None +722 Unincorporated Areas of Yadkin County. Approximately 1.2 miles upstream of Bloomtown Road (State Road 1569) None +758 Miller Creek At the confluence with Yadkin River None +757 Unincorporated Areas of Yadkin County. Approximately 60 feet downstream of Apperson Road (State Road 1557) None +766 North Deep Creek Approximately 250 feet upstream of the confluence with Deep Creek and South Deep Creek None +739 Unincorporated Areas of Yadkin County, Town of Yadkinville. Approximately 1,290 feet downstream of Center Road (State Road 1381) None +1079 North Deep Creek Tributary 1 At the confluence with North Deep Creek None +831 Unincorporated Areas of Yadkin County. Approximately 1.5 miles upstream of the confluence with North Deep Creek None +872 North Deep Creek Tributary 2 At the confluence with North Deep Creek None +835 Unincorporated Areas of Yadkin County, Town of Yadkinville. Approximately 1.1 miles upstream of U.S. Highway 601 None +897 North Deep Creek Tributary 2A At the confluence with North Deep Creek Tributary 2 None +860 Town of Yadkinville. Approximately 0.7 mile upstream of the confluence with North Deep Creek Tributary 2 None +877 North Deep Creek Tributary 3 At the confluence with North Deep Creek None +840 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of Shugarts Mill Road (State Road 1379) None +873 North Deep Creek Tributary 4 At the confluence with North Deep Creek None +847 Unincorporated Areas of Yadkin County, Town of Boonville. Approximately 1.0 mile upstream of Baptist Church Road None +941 North Deep Creek Tributary 4A At the confluence with North Deep Creek Tributary 4 None +854 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of the confluence with North Deep Creek Tributary 4 None +875 North Deep Creek Tributary 4B At the confluence with North Deep Creek Tributary 4 None +884 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of Abraham Road (State Road 1512) None +921 North Little Hunting Creek At the Iredell/Yadkin County boundary None +813 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of Union Church Road (State Road 1109) None +1025 North Little Hunting Creek Tributary 1 At the confluence with North Little Hunting Creek None +825 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of the confluence with North Little Hunting Creek None +836 North Little Hunting Creek Tributary 2 At the confluence with North Little Hunting Creek None +947 Unincorporated Areas of Yadkin County. Approximately 210 feet downstream of Old U.S. Highway 421 West None +1091 Roby Creek At the confluence with Turner Creek None +712 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of Georgia Road (State Road 1717) None +761 Rocky Branch At the confluence with North Little Hunting Creek None +887 Unincorporated Areas of Yadkin County. Approximately 630 feet downstream of Rocky Branch Road None +1027 Sandyberry Creek At the upstream side of Center Road None +948 Unincorporated Areas of Yadkin County, Town of Jonesville. Approximately 140 feet downstream of Interstate 77 None +1062 South Deep Creek At Old Stage Road (State Road 1733) None +741 Unincorporated Areas of Yadkin County, Town of Yadkinville. Approximately 1,700 feet downstream of Rock House Mountain Road (State Road 1349) None +1043 South Deep Creek Tributary 1 At the confluence with South Deep Creek None +763 Unincorporated Areas of Yadkin County, Town of Yadkinville. Approximately 1,580 feet upstream of Billy Reynolds Road (State Road 1134) None +932 South Deep Creek Tributary 3 At the confluence with South Deep Creek None +780 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Merry Acres Drive None +818 South Deep Creek Tributary 3A At the confluence with South Deep Creek Tributary 3 None +784 Unincorporated Areas of Yadkin County. Approximately 780 feet upstream of Helton Road (State Road 1136) None +802 South Deep Creek Tributary 3B At the confluence with South Deep Creek Tributary 3 None +794 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Arnold Road (State Road 1132) None +827 South Deep Creek Tributary 4 At the confluence with South Deep Creek None +885 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of Cranberry Road (State Road 1343) None +1078 South Deep Creek Tributary 4A At the confluence with South Deep Creek Tributary 4 None +1051 Unincorporated Areas of Yadkin County. Approximately 550 feet downstream of Longtown Road (State Road 1338) None +1075 South Deep Creek Tributary 5 At the confluence with South Deep Creek None +930 Unincorporated Areas of Yadkin County. Approximately 900 feet upstream of Marler Road (State Road 1103) None +1076 South Deep Creek Tributary 5A At the confluence with South Deep Creek Tributary 5 None +954 Unincorporated Areas of Yadkin County. Approximately 360 feet downstream of Marler Road (State Road 1103) None +1043 South Deep Creek Tributary 6 At the confluence with South Deep Creek None +1007 Unincorporated Areas of Yadkin County. Approximately 160 feet downstream of U.S. Highway 21 None +1017 South Deep Tributary 7 At the confluence with South Deep Creek None +1020 Unincorporated Areas of Yadkin County. Approximately 1,100 feet downstream of Swaims Church Road (State Road 1347) None +1035 Steelman Creek At the Davie/Yadkin County boundary None +795 Unincorporated Areas of Yadkin County. Approximately 0.9 mile upstream of Else Road (State Road 1163) None +829 Tanyard Creek At the confluence with Yadkin River None +840 Unincorporated Areas of Yadkin County, Town of Boonville. Approximately 1.4 miles upstream of River Road (State Road 1367) None +909 Turner Creek At the confluence with Yadkin River None +712 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of Turners Creek Road (State Road 1728) None +824 Turner Creek Tributary 1 At the confluence with Turner Creek None +712 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of the confluence with Turner Creek None +719 Walkers Branch At the confluence with North Little Hunting Creek None +880 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Buck Shoals Road (State Road 1103) None +1006 Williams Creek At the confluence with Yadkin River None +882 Unincorporated Areas of Yadkin County. Approximately 180 feet upstream of Hailey Drive None +899 Yadkin River At the Davie/Forsyth/Yadkin County boundary None +711 Unincorporated Areas of Yadkin County, Town of Jonesville. Approximately 500 feet downstream of the Surry/Wilkes/Yadkin County boundary +904 +903 Yadkin River Tributary 10 At the confluence with Yadkin River None +748 Unincorporated Areas of Yadkin County. Approximately 90 feet downstream of Hauser Road None +784 Yadkin River Tributary 11 At the confluence with Yadkin River None +854 Unincorporated Areas of Yadkin County, Town of Boonville. Approximately 1.0 mile upstream of U.S. Highway 601 None +964 Yadkin River Tributary 15 At the confluence with Yadkin River None +815 Unincorporated Areas of Yadkin County. Approximately 475 feet upstream of Limerock Road (State Road 1529) None +826 Yadkin River Tributary 17 At the confluence with Yadkin River None +827 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Doe Run Drive None +849 Yadkin River Tributary 27 At the confluence with Yadkin River None +771 Unincorporated Areas of Yadkin County, Town of East Bend. Approximately 3.2 miles upstream of the confluence with Yadkin River None +951 Yadkin River Tributary 9 At the confluence with Yadkin River None +741 Unincorporated Areas of Yadkin County. Approximately 1.8 miles upstream of Butner Mill Road (State Road 1562) None +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 Town of Boonville Maps are available for inspection at Boonville Town Hall, 110 North Carolina Avenue, Boonville, NC. Town of East Bend Maps are available for inspection at East Bend Town Hall, 108 West Main Street, East Bend, NC. Town of Jonesville Maps are available for inspection at Jonesville Town Hall, 136 West Main Street, Jonesville, NC. Town of Yadkinville Maps are available for inspection at Yadkinville Town Hall, 213 Van Buren Street, Yadkinville, NC. Unincorporated Areas of Yadkin County Maps are available for inspection at Yadkin County Manager's Office, 217 East Willow Street, Yadkinville, NC. Bexar County, Texas, and Incorporated Areas Ackerman Creek At the confluence with Rosillo Creek None +651 City of San Antonio. Approximately 1,600 feet upstream of Candlemeadow None +698 Balcones Creek At the confluence with Cibolo Creek +1278 +1277 City of Fair Oaks Ranch, City of San Antonio, Unincorporated Areas of Bexar County. At the confluence with Tributary A None +1580 Beital Creek Tributary A Approximately 600 feet upstream of confluence with Beital Creek +722 +723 City of San Antonio, City of Windcrest. Approximately 1,500 feet upstream of Jim Seal Drive None +792 Bertal Creek Just upstream of confluence with Salado Creek +694 +697 City of San Antonio. Just upstream of Nacogdoches Road +827 +828 Caracol Creek Approximately 600 feet upstream of confluence with Medio Creek +773 +770 City of San Antonio. Approximately 3,700 feet upstream of West Military Drive None +854 Catalpa Pershing Channel Just upstream of U.S. Highway 281 None +661 City of San Antonio. Approximately 1,000 feet upstream of Mulberry Avenue None +672 Chimenea Creek At the confluence with Helotes Creek None +1086 City of San Antonio. Approximately 5 miles upstream of Private Road None +1398 Comanche Creek Approximately 4,500 feet downstream of Mauemann Road None +525 City of San Antonio. Approximately 700 feet upstream of Applewhite Road None +572 Concepcion Creek Approximately 400 feet downstream of Probandt Street None +592 City of San Antonio. Approximately 400 feet upstream of U.S. Highway 90 W Access Road None +683 Culebra Creek Approximately 1,800 feet upstream of confluence with Leon Creek +775 +779 City of San Antonio. Approximately 9,000 feet upstream of Galm Road None +1003 Culebra Creek Tributary A Just downstream of Grissom Road +794 +792 City of San Antonio. Approximately 1,500 feet upstream of Dover Ridge None +899 Culebra Creek Tributary B Approximately 200 feet downstream of Culebra Road None +864 City of San Antonio. Approximately 600 feet upstream of Culebra Road None +868 Culebra Creek Tributary C Approximately 4,000 feet downstream of FM 1560 North None +895 City of San Antonio, City of Helotes. Approximately 500 feet upstream of Beverly Hills Road None +996 Culebra Creek Tributary C-1 Approximately 800 feet upstream of the confluence with Culebra Creek Tributary C at the FM 1560 N None +909 City of San Antonio. Approximately 1,800 feet upstream of Shaenfield Road None +923 Culebra Creek Tributary D Approximately 2,400 feet downstream of FM 1560 North None +892 City of San Antonio. Approximately 3,200 feet upstream of Gass Road None +960 Culebra Creek Tributary E Approximately 110 feet upstream of Galm Road None +953 City of San Antonio. Approximately 2,700 feet upstream of Remuda Ranch None +998 Culebra Creek Tributary F Approximately 1,500 feet upstream of Kallison Lane None +980 City of San Antonio. Approximately 6,200 feet upstream of Kallison Lane None +1007 Elm Creek At the confluence with Mud Creek +794 +790 City of San Antonio. Approximately 900 feet upstream of Loop 1604 Access Road +833 +834 Elm Waterhole Creek Approximately 4,300 feet downstream of Redland Road +798 +796 City of San Antonio. Approximately 2,700 feet downstream of Judson Road None +847 Escondido Creek Approximately 700 feet downstream of private road near the confluence with Martinez Creek B None +575 City of San Antonio, City of New Berlin. Approximately 1,200 feet upstream of Binz-Engleman Road None +695 Fort Sam Houston Tributary Just upstream of Road S-33 E +647 +645 Unincorporated Areas of Bexar County, City of San Antonio, City of Terrell Hills. Approximately 300 feet upstream of Rittiman Road None +746 French Creek Approximately 1,250 feet downstream of Private Road at 7581 Bandera Road None +826 City of San Antonio. Approximately 150 feet upstream of FM 1560 at French Creek None +995 French Creek Tributary A Just upstream of Hausman Road South +922 +923 City of San Antonio. Just upstream of Loop 1604 West Access Road +938 +936 French Creek Tributary B Approximately 600 feet downstream of Loop 1604 West Access Road +926 +929 City of San Antonio. Just upstream of Loop 1604 West Access Road +936 +937 French Creek Tributary No. 2 Approximately 1,180 feet downstream of Braun Hollow None +848 City of San Antonio. Approximately 980 feet downstream of Braun Hollow None +849 French Creek Tributary No. 4 Approximately 1,370 feet upstream of Guilbeau Road along French Creek None +852 City of San Antonio. Approximately 970 feet upstream of Tezel Road None +908 Government Canyon Tributary E Approximately 500 feet upstream of confluence with Government Canyon None +1198 City of San Antonio. Approximately 900 feet upstream of confluence with Government Canyon None +1216 Government Canyon Creek Approximately 950 feet upstream of confluence with Culebra Creek None +926 City of San Antonio. Approximately 1,300 feet upstream of Helotes Springs None +1327 Government Canyon Creek Tributary B Approximately 2,900 feet upstream of Galm Road along Government Canyon Creek None +968 City of San Antonio. Approximately 1.2 miles above Galm Road along Government Canyon Creek None +1000 Government Canyon Creek Tributary C Approximately 170 feet upstream of confluence with Government Canyon None +1028 City of San Antonio. Approximately 1,600 feet upstream of confluence with Government Canyon None +1055 Government Canyon Creek Tributary A Approximately 1,050 feet upstream of Galm Road None +958 City of San Antonio. Approximately 3.5 miles upstream of Galm Road None +1132 Government Canyon Greek Tributary D Approximately 650 feet upstream of confluence with Government Canyon Creek None +1176 City of San Antonio. Approximately 4,100 feet upstream of confluence with Government Canyon Creek None +1216 Helotes Creek Approximately 2,000 feet upstream of confluence with Culebra Creek +855 +852 City of San Antonio, City of Grey Forest, City of Helotes. Approximately 3,000 feet upstream of Four Rogers Road None +1240 Helotes Creek Tributary A Approximately 2,800 feet downstream of FM 1560 North None +970 City of San Antonio, City of Helotes. Approximately 700 feet upstream of Parrigin Road None +1039 Huebner Creek Approximately 400 feet upstream of Ingram Road +765 +768 City of San Antonio, City of Leon Valley. Approximately 2,500 feet downstream of DeZavala Road +958 +956 Huebner Creek Tributary A Approximately 1,300 feet downstream of Eckhert Road +841 +843 City of San Antonio. Approximately 260 feet downstream of Southwell Road None +918 Huesta Creek Approximately 2,400 feet downstream of Old Babcock Road +920 +922 City of San Antonio. Approximately 5,000 feet upstream of Arroyo Hondo None +1102 Huesta Creek Tributary A Just upstream of Hausman Road None +957 City of San Antonio. Approximately 1,300 feet upstream of Old Cedar Boulevard None +989 Indian Creek Approximately 4,000 feet downstream of Ripps Ranch Road +565 +572 City of San Antonio. Approximately 600 feet upstream of Medina Base Road None +716 Lee Creek Just downstream of Hilltop Drive +1105 +1106 City of San Antonio, City of Grey Forest. Approximately 1,600 feet downstream of Babcock Road None +1240 Leon Creek Approximately 2,500 feet upstream of Missouri Pacific Railroad along Medina River None +519 City of San Antonio, Unincorporated Areas of Bexar County. Approximately 4,900 feet upstream of Miranda Ridge None +1400 Leon Creek Overflow Just upstream of Prue Road at confluence with Leon Creek +888 +889 City of San Antonio. Approximately 1,230 feet downstream at Hausman Road +946 +948 Leon Creek Tributary B Approximately 500 feet upstream of confluence with Leon Creek None +598 City of San Antonio. Approximately 130 feet downstream of Somerset Road None +624 Leon Creek Tributary C Approximately 750 feet upstream of confluence with Leon Creek None +635 City of San Antonio. Approximately 2,200 feet upstream of Southwest Military Drive None +653 Leon Creek Tributary D Approximately 120 feet downstream of Kelly Drive None +667 Unincorporated Areas of Bexar County. Approximately 1,600 feet downstream of Growndon Road None +675 Leon Creek Tributary E At confluence with Leon Creek None +672 Unincorporated Areas of Bexar County. Approximately 140 feet downstream of Unnamed Street in Lackland AFB None +719 Leon Creek Tributary E1 Approximately 210 feet upstream of confluence with Leon Creek Tributary E None +672 Unincorporated Areas of Bexar County. Approximately 100 feet upstream of Kenly Avenue None +738 Leon Creek Tributary F At confluence with Leon Creek None +713 City of San Antonio. Just upstream of South Callaghan Road None +715 Leon Creek Tributary J Approximately 300 feet downstream of Intersate Highway 10 West None +1107 City of San Antonio. Approximately 200 feet downstream of Cielo Vista Road None +1174 Leon Creek Tributary L Approximately 150 feet upstream of Boerne Stage Road None +1149 City of San Antonio. Approximately 1,900 feet upstream of Boerne Stage Road None +1157 Leon Creek Tributary M Approximately 1,300 feet downstream of Boerne Stage Road None +1202 City of San Antonio. Approximately 2.18 miles upstream of Boerne Stage Road None +1348 Leon Creek Tributary N Approximately 350 feet upstream of confluence with Leon Creek at the Unnamed Road None +1277 City of San Antonio. Approximately 3,700 feet upstream of Unnamed Road None +1323 Live Oak Slough Approximately 1,700 feet downstream of Rife Lane None +559 City of San Antonio. Approximately 1,200 feeet upstream of Old Pearsall Road at Loop 1604 None +617 Lorence Creek Approximately 100 feet downstream of Entrance Avenue +738 +736 City of San Antonio, Town of Hollywood Park. Just upstream of Sonterra Boulevard None +967 Los Reyes Creek Approximately 2,000 feet downstream of Antonio Drive +1025 +1026 City of San Antonio, City of Helotes. Approximately 4,200 feet upstream of State Highway 16 North None +1299 Los Reyes Creek Tributary A Approximately 300 feet upstream of confluence with Los Reyes Creek None +1175 City of San Antonio. Approximately 250 feet upstream of Private Road at 18524 State Highway 16 None +1210 Lower French Creek Approximately 170 feet downstream of Heliport Drive +800 +802 City of San Antonio. Approximately 100 feet downstream of Low Bid Lane +826 +825 Lower Mud Creek Just downstream of Wurzbach Parkway +737 +732 City of San Antonio. Approximately 6,000 feet upstream of west Bound Loop 1604 None +893 Macaway Creek Approximately 4,000 feet downstream of U.S. Highway 87 None +509 Unincorporated Areas of Bexar County, City of San Antonio. Approximately 1,450 feet downstream of LaVernia Road None +614 Martinez Creek B At the confluence with Cibolo Creek None +527 City of St. Hedwig, City of New Berlin, City of San Antonio. Approximately 1,400 feet upstream of Crestway Drive None +822 Maverick Creek Approximately 400 feet upstream of Old Babcock Road +925 +926 City of San Antonio. Approximately 1,400 feet upstream of Kyle Seale Parkway None +1174 Medina River Approximately 2,000 feet upstream of Interstate Highway 37 South along San Antonio River None +478 City of San Antonio, Unincorporated Areas of Bexar County. Approximately 5,000 feet upstream of Gross Lane +688 +690 Medio Creek Approximately 100 feet downstream of Campground Road None +556 City of San Antonio, Unincorporated Areas of Bexar County. Approximately 8,700 feet upstream of Talley Road None +875 Meusebach Creek Approximately 1,370 feet downstream of private road at 188 Specht Road None +1111 City of San Antonio, Unincorporated Areas of Bexar County. Approximately 1,360 feet upstream of Blanco Road None +1140 New Braunfels Avenue, Austin Highway and Broadway Drain At the confluence with San Antonio River +682 +684 City of Alamo Heights, City of San Antonio, City of Terrell Hills. Just upstream of Ridgehaven Place None +794 Nichols Creek Just downstream of Aue Road None +1131 City of San Antonio. Approximately 1,700 feet upstream of Old Fredericksburg Access Road None +1241 Nichols Creek Tributary 1 Just downstream of Interstate Highway 10 West Access Road None +1158 City of San Antonio. Approximately 900 feet downstream of Lost Creek Way None +1166 Olmos Creek (Lower and Upper Reaches) At confluence with San Antonio River +726 +722 Town of Shavano Park, City of Alamo Heights, City of Castle Hills, City of San Antonio. Approximately 3,000 feet upstream of Lou Mell Road None +1047 Panthe Spring Creek Just upstream of North Loop Road +798 +796 City of San Antonio, Town of Hollywood Park. Approximately 3,000 feet upstream of Loop 1604 None +963 Pecan Creek Approximately 550 feet upstream of confluence with Leon Creek None +1237 City of San Antonio. Just downstream of Private Road at 26690 Toutant Beauregard Road None +1366 Polecat Creek Approximately 2,900 feet downstream of Cagnon Road None +618 City of San Antonio. Just upstream of South Keller Road +701 +703 Quail Creek Just downstream of Interstate Highway 410 +707 +709 City of San Antonio. Approximately 1,300 feet upstream of Oakhaven Road None +754 Ranch Creek Approximately 650 feet upstream of confluence with Los Reyes Creek None +1092 City of San Antonio. Approximately 4,000 feet upstream of confluence with Los Reyes Creek None +1123 Rittman Creek Just downstream of Summer Fest None +689 City of Kirby, City of San Antonio. Approximately 3,000 feet upstream of Rittman Road None +719 Rock Creek At confluence with Olmos Creek +761 +763 City of San Antonio. Approximately 600 feet downstream of Datapoint Road None +894 Rosillo Creek Approximately 400 feet upstream of Old Corpus Christi Road None +532 City of Kirby, City of San Antonio. Approximately 550 feet upstream of Walzem Road None +756 Rundale Creek Approximately 250 feet downstream of private road at Upper Balcones Road None +1457 Unincorporated Areas of Bexar County. Approximately 4,050 feet upstream of Upper Balcoones Road None +1639 Salado Creek At the confluence with San Antonio River None +599 City of San Antonio, Town of Shavano Park, Unincorporated Areas of Bexar County. Approximately 100 feet downstream of Loop W Access Road +951 +948 San Antonio River Approximately 4.5 miles downstream of Loop 1604 None +435 City of San Antonio, City of Alamo Heights. Downstream of Almos Dam +686 +685 Selma Creek At confluence with Cibolo Creek +738 +743 City of Selma, City of San Antonio. Approximately 1,900 feet upstream of Loop 1604 None +850 Slick Ranch Creek Approximately 1,000 feet downstream of Pinn Road +706 +711 City of San Antonio. Approximately 1,100 feet upstream of Rogers Road None +874 Slick Ranch Creek Tributary B Approximately 650 feet upstream of Richland Hills Road None +761 City of San Antonio. Approximately 1,400 feet upstream of Potranco Road None +778 Tributary A to Panther Springs Creek Approximately 1,200 feet downstream of Blanco Road at confluence with Panther Spring Creek None +844 City of San Antonio. Approximately 200 feet downstream of Loop 1604 W Access Road None +942 Tributary A to Salado Creek Just downstream of Unnamed Park Road at Pecan Valley +570 +573 City of San Antonio. Approximately 200 feet upstream of Gateway None +602 Tributary A-1 to Panther Spring Creek Approximately 50 feet downstream of Private Road None +921 City of San Antonio. Just downstream of Loop 1604 W Access Road None +962 Tributary B To Salado Creek At confluence with Salado Creek +596 +598 City of San Antonio. Approximately 400 feet upstream of Amanda Street None +622 Tributary C to Salado Creek At confluence with Salado Creek +620 +621 City of San Antonio. Just upstream of Seguin Street None +691 Tributary C to Selma Creek Approximately 1,600 feet downstream of North Loop 1604 None +799 City of Selma, City of Live Oak, City of San Antonio. Approximately 2,700 feet upstream of North Loop 1604 None +846 Tributary D to Salado Creek Just upstream of Ira Lee Road +705 +708 City of San Antonio. Approximately 900 feet upstream of Tesoro River None +753 Tributary D to Selma Creek Approximately 250 feet downstream of North Loop 1604 Access Road None +813 City of San Antonio. Approximately 1,700 feet upstream of North Loop 1604 Access Road None +853 Tributary E To Salado Creek Approximately 550 feet downstream of Nacogdoches Road +725 +727 City of San Antonio. Approximately 600 feet upstream of Perrin Beitel Road None +787 Tributary E to Martinez Creek B Approximately 400 feet downstream of NRCS Dam No 2 None +638 City of San Antonio. Approximately 1,500 feet downstream of Lucky Feilds None +688 Tributary E to Salado Creek Approximately 1,200 feet upstream of Nacogdoches Road +721 +724 City of San Antonio. Approximately 900 feet upstream of O'Connor Road None +868 Tributary F to Martinez Creek B Approximately 3,000 feet downstream of Walzem Road None +678 City of San Antonio. Approximately 1,800 feet upstream of Elm Trail Drive None +733 Tributary G to Martinez Creek B Approximately 750 feet upstream of confluence with Balcones Creek at Boerne Stage Road None +1370 City of San Antonio. Approximately 2,700 feet upstream of confluence with Balcones Creek at Boerne Stage Road None +1391 Tuttle Road Ditch Approximately 300 feet downstream of Harry Wurzbach Road None +684 City of Terrell Hills, City of San Antonio, Unincorporated Areas of Bexar County. Approximately 500 feet upstream of Harry Wurzbach Road None +697 US 281 Tributary Salado Creek Downstream of Country Parkway +782 +784 City of Hill Country Village, City of San Antonio. Upstream of Blackhawk Trail None +881 UTSA Tributary to Leon Creek Approximately 1,300 feet upstream of UTSA Boulevard +960 +956 City of San Antonio. Approximately 700 feet upstream of UTSA Boulevard +975 +972 Unnamed Tributary 1 to Beitel Creek At confluence with Beitel Creek None +707 City of San Antonio. Just upstream of Interstate Highway 35 None +752 Unnamed Tributary 1 to Elm Waterhole Creek Just upstream of Loop 1604 E Access Road at confluence with Elm Waterhole Creek None +833 City of San Antonio. Approximately 1,000 feet downstream of Roseheart None +892 Unnamed Tributary 2 in Olmos Creek Watershed Just downstream of Rock Creek Run None +836 City of San Antonio. Approximately 800 feet upstream of Rock Creek Run None +847 Unnamed Tributary 2 to Beitel Creek Downstream of Old O'Connor Road None +789 City of San Antonio. Just upstream of Judson Road None +848 Unnamed Tributary 3 in Olmos Creek Watershed Downstream of Greely Street None +722 City of Alamo Heights. Approximately 250 feet downstream of Townsend Avenue None +746 Unnamed Tributary 3 to Beitel Creek Approximately 100 feet downstream of O'Connor Road None +812 City of San Antonio. Approximately 1,500 feet upstream of Dreamwood Drive None +850 Unnamed Tributary 5 in Olmos Creek Watershed At the confluence with Olmos Creek None +960 Town of Shavano Park, City of San Antonio. Approximately 5,000 feet upstream of Northwest Loop 1604 None +1041 Unnamed Tributary 5 to Caracol Approximately 900 feet downstream of West Loop 1604 N None +828 City of San Antonio. Approximately 300 feet upstream of Copperfield None +866 Unnamed Tributary 6 in Olmos Creek Watershed At confluence with West Fork Olmos Creek None +932 City of San Antonio. Approximately 600 feet upstream of DeZavala Road None +942 Unnamed Tributary to Rundale Creek At the confluence with Rundale Creek None +1480 Unincorporated Areas of Bexar County. Approximately 70 feet upstream of Grow Ranch None +1548 Walzem Creek Just upstream of Judivan Drive +673 +678 City of Windcrest, City of San Antonio. Approximately 200 feet downstream of Crestway Drive +840 +841 West Fork Olmos Creek Upper Approximately 1,300 feet upstream of confluence with Olmos Creek +830 +831 City of San Antonio. Approximately 4,000 feet upstream of Rod Maplewood None +970 West Salitrillo Creek Approximately 100 feet downstream of FM 1516 +647 +646 City of San Antonio, City of Converse, City of Live Oak, Unincorporated Areas of Bexar County. About 200 feet upstream of Avery Road +889 +886 West Tributary to Rosillo Creek Approximately 550 feet upstream of confluence with Rosillo Creek None +673 City of Kirby. Approximately 500 feet upstream of Old Seguin Road None +694 Westwood Village Creek Approximately 100 feet upstream of Old U.S. Highway 90 +698 +700 City of San Antonio. Approximately 1,000 feet upstream of Pinn Road None +724 Wildcat Canyon At confluence with Government Canyon Creek None +1058 City of San Antonio. Approximately 300 feet upstream of confluence with Government Canyon Creek None +1058 Woman Hollering Creek Approximately 850 feet downstream of New Berlin Road None +539 Unincorporated Areas of Bexar County, City of New Berlin, City of Schertz, City of St. Hedwig. Approximately 1,100 feet usptream of Golf Road None +719 * 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 Alamo Heights Maps are available for inspection at 6116 Broadway Street, San Antonio, TX 78209. City of Castle Hills Maps are available for inspection at 6915 West Avenue, Castle Hills, TX 78213. City of Converse Maps are available for inspection at 403 South Seguin, P. O. Box 35, Converse, TX 78109. City of Fair Oaks Ranch Maps are available for inspection at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015. City of Grey Forest Maps are available for inspection at 18502 Scenic Loop Rd, Grey Forest, TX 78023. City of Helotes Maps are available for inspection at 12951 Bandara Road, Helotes, TX 78023. City of Hill Country Village Maps are available for inspection at 116 Aspen Lane, San Antonio, TX 78232. City of Kirby Maps are available for inspection at 5631 Binz Engleman Road, Kirby, TX 78219. City of Leon Valley Maps are available for inspection at 6400 El Verde Road, Leon Valley, TX 78238. City of Live Oak Maps are available for inspection at 8001 Shin Oak Drive, Live Oak, TX 78233. City of New Berlin Maps are available for inspection at 415 East Donnegan Street, Maintenance Building, Seguin, TX 78155. City of San Antonio Maps are available for inspection at 114 West Commerce, Seventh Floor, San Antonio, TX 78205. City of Schertz Maps are available for inspection at 1400 Schertz Parkway, Schertz, TX 78154. City of Selma Maps are available for inspection at 9375 Corporate, Selma, TX 78154. City of St. Hedwig Maps are available for inspection at 13065 FM 1346, St. Hedwig, TX 78152. City of Terrell Hills Maps are available for inspection at 5100 N. New Braunfels, San Antonio, TX 78209. City of Universal City Maps are available for inspection at 2150 Universal City Blvd., Universal City, TX 78148. City of Windcrest Maps are available for inspection at 8601 Midcrown, Windcrest, TX 78239. Town of Hollywood Park Maps are available for inspection at 407 Rhapsody Lane, Hollywood Park, TX 78216. Town of Shavano Park Maps are available for inspection at 99 Saddletree Court, Shavano Park, TX 78231. Unincorporated Areas of Bexar County Maps are available for inspection at 233 North Pecos Street, La Trinidad, Suite 420, San Antonio, TX 78207. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 25, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6913 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7769] 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 July 2, 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-7769, 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 Jersey County, Illinois, and Incorporated Areas Elsah Creek At the mouth of the Mississippi River +439 +438 Village of Elsah. Approximately 500 feet upstream of Maple Street +439 +438 Illinois River At the mouth of the Mississippi River in Jersey County +440 +439 Unincorporated Areas of Jersey County, City of Grafton. Approximately 1500 feet upstream of the Illinois River Road Ferry Crossing +440 +439 Mississippi River Approximately 0.5 miles downstream of the confluence of Piasa Creek +438 +437 Unincorporated Areas of Jersey County, City of Grafton, Village of Elsah. At river mile 223.1 at the downstream tip of Iowa Island +441 +440 * 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 Grafton Maps are available for inspection at Grafton City Hall, 118 East Main Street, Grafton, IL 62037. Unincorporated Areas of Jersey County Maps are available for inspection at Jersey County Government Building, 200 North Lafayette St., Jerseyville, IL 62052. Village of Elsah Maps are available for inspection at 51 North Street, P.O. Box 28, Elsah, IL 62028. Yancey County, North Carolina, and Incorporated Areas Bailey Branch At the confluence with Pine Swamp Branch None +2575 Unincorporated Areas of Yancey County. Approximately 1,740 feet upstream of the confluence with Pine Swamp Branch None +2637 Bald Mountain Creek At the confluence with Cane River +2293 +2294 Unincorporated Areas of Yancey County. Approximately 1,810 feet upstream of Bee Log Road (State Road 1408) None +2467 Big Crabtree Creek The confluence with South Toe River None +2411 Unincorporated Areas of Yancey County. Approximately 1.4 miles upstream of Seven Mile Ridge Road (State Road 1167) None +3147 Brown Creek Approximately 300 feet upstream of the confluence with South Toe River +2633 +2634 Unincorporated Areas of Yancey County. Approximately 1.2 miles upstream of Upper Browns Creek Road (State Road 1154) None +4690 Cane River At the confluence with Nolichucky River and North Toe River None +2044 Unincorporated Areas of Yancey County. Approximately 60 feet downstream of the confluence of Mitchell Creek None +3157 Cattail Creek At Mountain Farm Road None +3012 Unincorporated Areas of Yancey County. At the confluence of North Fork Cattail Creek and South Fork Cattail Creek None +3157 Jacks Creek At the confluence with North Toe River None +2136 Unincorporated Areas of Yancey County. Approximately 60 feet upstream of Sheriff Anglin Road (State Road 1364) None +2532 Little Crabtree Creek Approximately 450 feet downstream of Depot Street (State Road 1140) +2622 +2623 Unincorporated Areas of Yancey County, Town of Burnsville. Approximately 650 feet upstream of East Boulevard None +2740 McIntosh Branch The confluence with Pine Swamp Branch None +2699 Unincorporated Areas of Yancey County, Town of Burnsville. Approximately 50 feet upstream of Van Kirk Lane None +2751 Mitchell Branch At the confluence with Little Crabtree Creek None +2705 Unincorporated Areas of Yancey County, Town of Burnsville. Approximately 260 feet upstream of Mitchell Branch (State Road 1373) None +2751 Nolichucky River Approximately 550 feet upstream of the railroad None +1981 Unincorporated Areas of Yancey County. At the confluence of Cane River and North Toe River None +2044 North Cox Creek Approximately 220 feet upstream of the confluence with Cane River +2148 +2149 Unincorporated Areas of Yancey County. Approximately 1.5 miles upstream of the confluence with Cane River None +3061 North Fork Cattail Creek At the confluence with Cattail Creek and South Fork Cattail Creek None +3157 Unincorporated Areas of Yancey County. Approximately 1.1 miles upstream of North Fork Road None +4869 North Toe River At the confluence with Nolichucky River and Cane River None +2044 Unincorporated Areas of Yancey County. At the Yancey/Mitchell County boundary None +2411 Pine Swamp Branch At the confluence with Cane River None +2553 Unincorporated Areas of Yancey County, Town of Burnsville. Approximately 1,770 feet upstream of Cherry Lane (State Road 1139) None +2720 Pine Swamp Branch Approximately 1,770 feet upstream of Cherry Lane (State Road 1139) None #1 Town of Burnsville. Approximately 200 feet upstream of East Main Street None #1 South Cox Creek At the confluence with Jacks Creek None +2420 Unincorporated Areas of Yancey County. Approximately 700 feet upstream of Coxes Creek Road (State Road 1354) None +2791 South Fork Cattail Creek At the confluence with Cattail Creek and North Fork Cattail Creek None +3157 Unincorporated Areas of Yancey County. Approximately 0.5 mile upstream of Tennis Court Road None +3739 South Toe River At the confluence with North Toe River None +2356 Unincorporated Areas of Yancey County. Approximately 1,100 feet downstream of the confluence of Brown Creek None +2629 * 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 Burnsville Maps are available for inspection at Town of Burnsville Courthouse, Mapping Department, 110 Town Square, Burnsville, NC. Unincorporated Areas of Yancey County Maps are available for inspection at Yancey County Courthouse, Room 11, Burnsville, NC. Beadle County, South Dakota, and Incorporated Areas James River Just upstream of the Sanborn County and Beadle County line None +1237 Unincorporated Areas of Beadle County, City of Huron. Just downstream of the Spink County and Beadle County line None +1253 * 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 Huron Maps are available for inspection at 329 Wisconsin, P.O. Box 1369, Huron, SD 57350. Unincorporated Areas of Beadle County Maps are available for inspection at 400 3rd S.W., P.O. Box 25, Huron, SD 57350. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 18, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6910 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7768] 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 July 2, 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-7768, 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 Richmond, Virginia Virginia City of Richmond Bacons Quarter Branch Approximately at the confluence with Shockoe Creek None +67 Approximately 1400 feet upstream of Hermitage Road None +184 Virginia City of Richmond Battery Park Ponding Area Approximately 2250 feet south of Overbrook Road None +136 Approximately 850 feet north of Overbrook Road None +139 Virginia City of Richmond Cannons Creek Branch Approximately at the confluence with Bacons Quarter Branch None +74 Approximately 200 feet downstream of Vale Street None +96 Virginia City of Richmond Jordans Branch Approximately 35 feet north of Route 64 near the Henrico County line None +164 Approximately 120 feet north of Route 64 near the Henrico County line None +164 Virginia City of Richmond Pocoshock Creek Approximately at the Chesterfield County line None +133 Approximately at the confluence with Pocosham Creek None +133 Virginia City of Richmond Shockoe Creek Approximately at East Franklin Street +21 +23 Approximately 2700 feet upstream of Magnolia Street None +129 * 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 Richmond Maps are available for inspection at City Hall, 900 East Broad Street, Room 600, Richmond, VA 23219. Flooding source(s) Location of referenced elevation ** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Effective Modified Communities affected Washington County, Minnesota, and Incorporated Areas 10th Street Basin Entire shoreline None +885 City of Afton. 10th Street and Neal Avenue Basin Entire shoreline None +867 City of Afton. 8th Street Basin Entire shoreline None +880 City of Afton. Barker Lake Entire shoreline None +891 City of Hugo, Unincorporated Areas of Washington County. Bay Lake Entire shoreline None +891 Unincorporated Areas of Washington County. Cloverdale Lake Entire shoreline None +907 Unincorporated Areas of Washington County. East Boot Lake Entire shoreline None +920 Unincorporated Areas of Washington County. Fish Lake Entire shoreline None +954 City of Scandia. Forest Lake Entire shoreline None +903 City of Forest Lake. Freidrich Pond Entire shoreline None +913 City of Lake Elmo. German Lake Entire shoreline None +959 City of Scandia. Klawitter Pond Entire shoreline None +963 City of Lake Elmo. Kramer Pond Entire shoreline None +914 City of Lake Elmo. Legion Pond Entire shoreline None +889 City of Lake Elmo. Maple Marsh Entire shoreline None +975 Unincorporated Areas of Washington County. McDonald Lake Entire shoreline None +892 Unincorporated Areas of Washington County. Mississippi River Approximately 1,850 feet upstream of southern County Boundary +692 +691 City of Cottage Grove, City of Hastings, City of Newport, City of St. Paul Park, Unincorporated Areas of Washington County. Approximately 1,200 feet downsteam of southern County Boundary +705 +704 Mooers Lake Channel At the convergence with the Mississippi River +698 +697 City of Cottage Grove, Unincorporated Areas of Washington County. Just downstream of Grey Cloud Island Drive South +698 +697 Raleigh Creek Approximately 180 feet upstream of the confluence with Lake Elmo +889 +899 City of Lake Elmo, City of Oakdale. Approximately 845 feet upstream of 31st Street North None +975 Silver Lake Entire shoreline None +991 City of Oakdale. South Branch Clearwater Creek At the confluence with Clearwater Creek +912 +910 City of Hugo. Approximately 950 feet upstream of the confluence with Clearwater Creek +912 +911 St. Croix River Approximately 16,265 feet downstream of confluence with Interstate Highway 94 +691 +692 Unincorporated Areas of Washington County, City of Afton, City of Bayport, City of Lake St. Croix Beach, City of Lakeland, City of Lakeland Shores, City of Marine-On-St. Croix, City of Oak Park Heights, City of St. Mary's Point, City of Stillwater. Approximately 23,050 feet downstream of SOO Line Railroad None +698 Staples Lake Entire shoreline None +950 Unincorporated Areas of Washington County. Sunfish Lake Entire shoreline +894 +899 City of Lake Elmo. Tingley Springs Entire shoreline None +931 City of Hugo. Unnamed Wetland DNR ID No. 82015600 Entire shoreline None +962 City of Hugo, City of Forest Lake. Unnamed Wetland DNR ID No. 82016500 Entire shoreline None +964 City of Forest Lake. Unnamed Wetland DNR ID No. 82021200 Entire shoreline None +965 City of Forest Lake, City of Scandia. Unnamed Wetland DNR ID No. 82021300 Entire shoreline None +966 City of Scandia. Unnamed Wetland DNR ID No. 82021600 Entire shoreline None +936 City of Forest Lake, City of Hugo. Unnamed Wetland DNR ID No. 82022000 Entire shoreline None +958 City of Forest Lake, City of Hugo. Unnamed Wetland DNR ID No. 82022100 Entire shoreline None +940 City of Hugo. Unnamed Wetland DNR ID No. 82022200 Entire shoreline None +948 City of Hugo. Unnamed Wetland DNR ID No. 82022300 Entire shoreline None +983 City of Hugo, Unincorporated Areas of Washington County. Unnamed Wetland DNR ID No. 82022400 Entire shoreline None +957 City of Hugo. Unnamed Wetland DNR ID No. 82022500 Entire shoreline None +974 City of Hugo. Unnamed Wetland DNR ID No. 82022700 Entire shoreline None +945 City of Hugo. Unnamed Wetland DNR ID No. 82022900 Entire shoreline None +952 City of Hugo. Unnamed Wetland DNR ID No. 82031200 Entire shoreline None +910 Unincorporated Areas of Washington County. Unnamed Wetland DNR ID No. 82035000 Entire shoreline None +1005 City of Grant. Unnamed Wetland North DNR ID No. 82031100 Entire shoreline None +916 Unincorporated Areas of Washington County. Unnamed Wetland South DNR ID No. 82031100 Entire shoreline None +918 Unincorporated Areas of Washington County. Valley Branch Approximately 345 feet downstream of Putman Boulevard South +692 +693 City of Afton. At West Metcalf Marsh Outfall None +813 Valley Creek At the confluence with Valley Branch +717 +714 City of Afton. Approximately 2,080 feet upstream of 22nd Street South (most upstream crossing) None +907 Valley Creek Tributary At the confluence with Valley Creek None +792 City of Afton. Approximately 3,265 feet upstream of the confluence with Valley Creek None +812 West Boot Lake Entire shoreline None +920 Unincorporated Areas of Washington County. West Metcalf Marsh Entire shoreline None +813 City of Afton. White Rock Lake Entire shoreline None +966 City of Scandia. * 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 Afton Maps are available for inspection at 3033 St. Croix Trail South, Afton, MN 55001. City of Bayport Maps are available for inspection at 294 North Third Street, Bayport, MN 55003. City of Cottage Grove Maps are available for inspection at 7516 80th Street South, Cottage Grove, MN 55016. City of Forest Lake Maps are available for inspection at 220 North Lake Street, Forest Lake, MN 55025. City of Grant Maps are available for inspection at 111 Wildwood Road, Willernie, MN 55090. City of Hastings Maps are available for inspection at 101 Fourth Street East, Hastings, MN 55033. City of Hugo Maps are available for inspection at 14669 Fitzgerald Avenue North, Hugo, MN 55038. City of Lake Elmo Maps are available for inspection at 3800 Laverne Avenue, Lake Elmo, MN 55042. City of Lake St. Croix Beach Maps are available for inspection at 1919 Quebec Avenue South, Lake St. Croix Beach, MN 55043. City of Lakeland Maps are available for inspection at 690 Quinnell Avenue North, Lakeland, MN 55043. City of Lakeland Shores Maps are available for inspection at 1858 Ramada Avenue South, Lakeland Shores, MN 55043. City of Marine-On-St. Croix Maps are available for inspection at 121 Judd Street, Marine on St. Croix, MN 55047. City of Newport Maps are available for inspection at 596 7th Avenue, Newport, MN 55055. City of Oak Park Heights Maps are available for inspection at 14168 Oak Park Blvd. North, Oak Park Heights, MN 55082. City of Oakdale Maps are available for inspection at 1584 Hadley Ave. North, Oakdale, MN 55128. City of Scandia Maps are available for inspection at 13809 Scandia Trail, Scandia, MN 55073. City of St. Mary's Point Maps are available for inspection at 16491 St. Mary's Drive South, St. Mary's Point, MN 55043. City of St. Paul Park Maps are available for inspection at 600 Portland Avenue, St. Paul Park, MN 55071. City of Stillwater Maps are available for inspection at 106 South Main Street, Stillwater, MN 55082. Unincorporated Areas of Washington County Maps are available for inspection at 14949 62nd Street North, Stillwater, MN 55082-0006. Portage County, Ohio, and Incorporated Areas Breakneck Creek Approximately 260 feet upstream of Brady Lake Road None +1040 Unincorporated Areas of Portage County. At confluence of Breakneck Creek and Hudson Ditch None +1069 Breakneck Creek Overflow Approximately 5,300 feet upstream of Main Street None +1048 City of Kent. Approximately 1,400 feet downstream of Powder Mill Road None +1048 Breakneck Creek Overflow Approximately 3,500 feet upstream of Main Street None +1047 Unincorporated Areas of Portage County. Approximately 600 feet downstream of Powder Mill Road None +1048 Cuyahoga River Approximately 80 feet upstream of Main Street +1085 +1084 Village of Mantua. Approximately 3,300 feet upstream of High Street +1088 +1087 Cuyahoga River Approximately 1,500 feet upstream of River Bend Boulevard None +1040 Unincorporated Areas of Portage County. Approximately 2,900 feet upstream of River Bend Boulevard None +1040 Approximately 1,600 feet downstream of Infirmary Road None +1082 Approximately 3,300 feet upstream of High Street None +1087 Cuyahoga River Overflow Approximately 1,100 feet upstream of confluence with Cuyahoga River None +1083 Village of Mantua. Approximately 2,600 feet upstream of confluence with Cuyahoga River None +1083 Cuyahoga River Overflow Approximately 700 feet upstream of confluence with Cuyahoga River None +1083 Unincorporated Areas of Portage County. Approximately 1,700 feet upstream of confluence with Cuyahoga River None +1083 Hudson Ditch At confluence of Breakneck Creek and Hudson Ditch None +1069 Unincorporated Areas of Portage County. Approximately 2,300 feet upstream of Bower Road None +1084 Plum Creek Approximately 30 feet upstream of Railroad +1016 +1017 City of Kent. Approximately 200 feet downstream of Howe Road None +1040 Plum Creek Approximately 330 feet downstream of Howe Road None +1039 Unincorporated Areas of Portage County. Approximately 4,000 feet upstream of Tallmadge Road None +1078 * 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 Kent Maps are available for inspection at 930 Overholt Road, Kent, OH 44240. Unincorporated Areas of Portage County Maps are available for inspection at 449 South Meridian Street, Ravenna, OH 44266. Village of Mantua Maps are available for inspection at 4736 East High Street, Mantua, OH 44255. Centre County, Pennsylvania, and Incorporated Areas Cherry Run Approximately at the confluence with North Fork Beech Creek None +1396 Township of Snow Shoe. Approximately at Clarence Road None +1396 * 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 Township of Snow Shoe Maps are available for inspection at Town Hall, 268 Oldside Road, Clarence, PA 16829. Bedford County, Virginia, and Incorporated Areas Ivy Creek Approximately 1,430 ft downstream of Hawkins Mill Road +678 +679 Unincorporated Areas of Bedford County. Approximately 2,200 ft downstream of Tabernacle Lane +823 +829 Johns Creek Approximately at confluence with Little Otter River None +732 Unincorporated Areas of Bedford County, City of Bedford. Approximately 1,800 ft downstream of Independence Boulevard None +818 Johns Creek Approximately 445 ft downstream of Independence Boulevard +827 +828 City of Bedford, Unincorporated Areas of Bedford County. Approximately 740 ft upstream of Independence Boulevard +841 +842 Approximately 3,400 ft upstream of Independence Boulevard None +861 Approximately at East Main Street None +939 Little Otter River Approximately at Big Island Highway +790 +792 Unincorporated Areas of Bedford County. Approximately at Route 43 +837 +839 Tributary No. 10 To Ivy Creek Approximately at confluence with Ivy Creek None +700 Unincorporated Areas of Bedford County. Approximately 500 ft downstream of Forest Road None +838 Tributary No. 10 To Little Otter River Approximately at confluence with Little Otter River None +839 City of Bedford, Unincorporated Areas of Bedford County. Approximately at Lake Drive None +867 Tributary No. 11 To Ivy Creek Approximately at confluence with Ivy Creek None +696 Unincorporated Areas of Bedford County. Approximately 250 ft downstream of Forest Road None +802 Tributary No. 14 To Ivy Creek Approximately at confluence with Ivy Creek None +683 Unincorporated Areas of Bedford County. Approximately 1,500 ft upstream of McIntosh Drive None +812 Tributary No. 15 To Ivy Creek Approximately at county boundary with the City of Lynchburg None +671 Unincorporated Areas of Bedford County. Approximately 1 mi upstream of Hawkins Mill Road None +800 Tributary No. 8 To Little Otter River Approximately at confluence with Little Otter River None +797 Unincorporated Areas of Bedford County, City of Bedford. Approximately at Bedford City corporate limits None +824 Tributary No. 8 To Little Otter River Approximately at Bedford City corporate limits None +824 City of Bedford, Unincorporated Areas of Bedford County. Approximately 500 ft downstream of Longwood Avenue None +932 Tributary No. 8A To Little Otter River Approximately at confluence with Tributary No. 8 To Little Otter River None +824 City of Bedford, Unincorporated Areas of Bedford County. Approximately 0.5 mi upstream of confluence with Tributary No. 8 To little Otter River None +914 Tributary No. 9 To Little Otter River Approximately at confluence with Little Otter River None +826 Unincorporated Areas of Bedford County, City of Bedford. Approximately 1,700 ft downstream of Whitfield Drive None +851 Tributary No. 9 To Little Otter River Approximately 1,700 ft downstream of Whitfield Drive None +851 City of Bedford, Unincorporated Areas of Bedford County. Approximately 2,400 ft upstream of Whitfield Drive None +940 * 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 Bedford Maps are available for inspection at City Municipal Building, 215 E. Main Street, Bedford, VA 24523. Unincorporated Areas of Bedford County Maps are available for inspection at Office of the County Administrator, 122 E. Main Street, Suite 2002, Bedford, VA 24523. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: March 17, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6912 Filed 4-2-08; 8:45 am] BILLING CODE 9110-12-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08-568; MB Docket No. 08-26; RM-11418] Radio Broadcasting Services; Evart, Ludington, Pentwater, and Manistee, MI AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: This document sets forth a proposal to amend the FM Table of Allotments. The Commission requests comment on a petition filed by Roy E. Henderson. Petitioner proposes the allotment of Channel 274A at Evart, Michigan, as a first local service. Channel 274A can be allotted at Evart in compliance with the Commission's minimum distance separation requirements with a site restriction of 14.6 km (9.1 miles) north of Evart. The proposed coordinates for Channel 274A at Evart are 44-01-43 North Latitude and 85-17-51 West Longitude. In order to accommodate the proposed allotment of Channel 274A at Evart, the Commission also issues a show cause order to Bay View Broadcasting, Inc., to show cause why its Station WMOM(FM) license should not be modified to specify operation on Channel 242A in lieu of Channel 274A at Pentwater, Michigan. In order to accommodate that channel substitution, the Commission further proposes, and invites comment on, the substitution of FM Channel 249A for vacant FM Channel 242A at Ludington, Michigan. Channel 249A can be allotted at Ludington in compliance with the Commission's minimum distance separation requirements with a site restriction of 9.0 km (5.6 miles) north of Ludington. The proposed coordinates for Channel 249A at Ludington are 44-01-53 North Latitude and 86-24-57 West Longitude. Finally, in order to accommodate that channel substitution, the Commission issues a show cause order to Synergy Media, Inc., to show cause why its Station WMLZ(FM) license should not be modified to specify operation on Channel 282A in lieu of Channel 249A at Manistee, Michigan. See SUPPLEMENTARY INFORMATION infra . DATES: Comments must be filed on or before May 5, 2008, and reply comments on or before May 20, 2008. ADDRESSES: Federal Communications Commission, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the designated petitioner and her counsel as follows: Katherine Pyeatt, 3500 Maple Avenue, #1320, Dallas, Texas 75219; and Gene A. Bechtel, Esq., Law Office of Gene Bechtel, 1050 17th Street, NW., Suite 600, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Deborah A. Dupont, Media Bureau, (202) 418-7072. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 08-26, adopted March 12, 2008, and released March 14, 2008. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, (800) 378-3160, or via the company's Web site, http://www.bcpiweb.com . This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506 (c)(4). The Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR Part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Michigan, is amended by adding Hugo, Channel 286A. 3. Section 73.202(b), the Table of FM Allotments under Michigan, is amended by removing Channel 242A and adding Channel 249A at Ludington. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8-6658 Filed 4-2-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 622 and 697 [Docket No. 0612242961-7381-01] RIN 0648-AT13 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Atlantic Coastal Fisheries Cooperative Management Act Provisions; Atlantic Coast Red Drum Fishery off the Atlantic States; Transfer of Management Authority AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS issues this proposed rule to repeal the Atlantic Coast Red Drum Fishery Management Plan (FMP) and to transfer the management authority of Atlantic red drum in the exclusive economic zone (EEZ) from the South Atlantic Fishery Management Council (South Atlantic Council), in cooperation with the Mid-Atlantic Fishery Management Council (Mid-Atlantic Council), under the Magnuson-Stevens Conservation and Management Act (Magnuson-Stevens Act) to the Atlantic States Marine Fisheries Commission (Commission) under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), as requested by the Councils and the Commission. The intent of this action is to enhance the effectiveness and efficiency of managing Atlantic red drum. DATES: Written comments on this proposed rule must be received no later than 5 p.m., eastern time, on May 5, 2008. ADDRESSES: You may submit comments, identified by “0648-AT13”, by any one of the following methods: • Electronic Submissions: Submit electronic public comments via the Federal e-Rulemaking Portal: http://www.regulations.gov . • Fax: 727-824-5308; Attention: Kate Michie. • Mail: Kate Michie, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: 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 (for example, name, address, etc.) 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 environmental assessment, which describes the impacts of the transfer of management authority, may be obtained from Kate Michie at the address above or by e-mail at: Kate.Michie@noaa.gov. FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305, fax: 727-824-5308, e-mail: Kate.Michie@noaa.gov. SUPPLEMENTARY INFORMATION: The Atlantic red drum fishery off the South Atlantic and Mid-Atlantic coastal states is currently managed under two separate FMPs. Atlantic red drum located in the EEZ are managed under the Atlantic Coast Red Drum FMP prepared by the South Atlantic Council, in cooperation with the Mid-Atlantic Council (Council FMP), and implemented under the authority of the Magnuson-Stevens Act by regulations at 50 CFR part 622. The Council FMP prohibits harvest or possession of red drum in the South Atlantic and Mid-Atlantic EEZ. Atlantic red drum located in state waters are managed under the Interstate Fishery Management Plan (ISFMP) for Red Drum (Commission FMP) by the Atlantic coast states (New Jersey through Florida) and the Atlantic States Marine Fisheries Commission. The Commission was established under the Atlantic States Marine Fisheries Commission Compact, an interstate compact approved by Congress in 1942. This proposed rule would repeal the Council FMP and implementing regulations issued under the Magnuson-Stevens Act and replace them with substantially identical regulations under the Atlantic Coastal Act. to the Commission under the Atlantic Coastal Act. The Atlantic Coastal Act allows the Federal government to better coordinate its management practices with the states via the Commission process. The repeal of the Council FMP would occur at the same time as this rule is implemented. Statutory Authority Section 803(b) of the Atlantic Coastal Act, 16 U.S.C. 5101 et seq. , states that in the absence of an approved and implemented FMP under the Magnuson-Stevens Act (16 U.S.C. 1801 et seq. ), and, after consultation with the appropriate Fishery Management Council(s), the Secretary of Commerce (Secretary) may implement regulations to govern fishing in the EEZ, which in this case is from 3 to 200 nautical miles (nm) offshore. These regulations must be (1) compatible with the effective implementation of an ISFMP developed by the Commission and (2) consistent with the national standards set forth in section 301 of the Magnuson-Stevens Act. Regulations may include measures recommended by the Commission to the Secretary that are necessary to support the provisions of the Commission FMP. Purpose and Need for the Transfer of Management Authority The management of red drum ( Sciaenops ocellatus ) is greatly influenced by the biology of the fish. The younger fish are found primarily in state waters (estuaries and inlets) while the larger fish and schools may be found in either the offshore state waters (shore to 3 nm) or Federal waters (3 to 200 nm offshore). Because of this distribution, juveniles tend to experience higher rates of exploitation than the offshore adult population. According to the most recent stock assessment of Atlantic red drum, conducted in 2000, recruitment of individuals to the spawning stock continues to decline, largely due to excessive fishing mortality on juvenile red drum, predominantly in state waters. Since most of the day-to-day management and all harvest of red drum takes place in state waters, the South Atlantic Council, the Mid-Atlantic Council, and the Commission have requested that Atlantic red drum in the South Atlantic and Mid-Atlantic EEZ be managed under the Atlantic Coastal Act instead of under the Magnuson-Stevens Act. Managing Atlantic red drum under a single FMP would minimize management costs and eliminate unnecessary duplication of management efforts. Background In the early 1980's, Atlantic coastal states realized that significant overfishing of juvenile red drum had been occurring in state waters for some time. At the same time, a purse seine fishery for red drum developed in the Gulf of Mexico EEZ. Although Gulf red drum is a different stock than Atlantic red drum, there was concern that a purse seine fishery might develop in the South Atlantic. Given these conditions, the Commission implemented an ISFMP for Atlantic red drum in 1984. Although this ISFMP addressed overfishing in state waters, it lacked the authority to protect the Atlantic red drum spawning stock in the EEZ. The South Atlantic Council, in cooperation with the Mid-Atlantic Council, developed the Council FMP in 1990 under the authority of the Magnuson-Stevens Act. The management unit for Atlantic red drum was defined as the population of red drum occurring along the United States Atlantic coast from the Federal boundary, separating the Gulf of Mexico EEZ from the South Atlantic EEZ to the New Jersey/New York line. Regulations implementing the Council FMP (55 FR 47059, November 9, 1990) prohibited the possession or harvest of red drum in this management area. Objectives of the Council FMP included: (1) Maintaining a spawning stock biomass sufficient to prevent recruitment failure by working cooperatively with the states to provide a 30-percent escapement of juvenile red drum to the spawning stock and control fishing mortality to achieve at least a 30-percent spawning stock biomass per recruit level; (2) providing a flexible management system to address incompatibility and inconsistency among state and Federal regulations which minimizes regulatory delay while retaining substantial Council and public input into management decisions and which can adapt to changes in resource abundance, new scientific information, and changes in fishing patterns among user groups or by area; and (3) promoting cooperative collection of biological, economic, and sociological data required to effectively monitor and assess the status of the red drum resource and evaluate management efforts. In 1991, the Commission implemented Amendment 1 to their ISFMP for red drum to make it compatible with the Council FMP. Escapement rates of juvenile red drum increased as a result of Amendment 1 to the ISFMP for red drum, however, overall exploitation estimates indicated that overfishing was still occurring in state waters. In 1993, the Atlantic Coastal Act was enacted to facilitate coordination of inter-jurisdictional fisheries management (16 U.S.C. 5101 et seq) . The Atlantic Coastal Act acknowledges the Commission's authority for preparing and adopting coastal FMPs and facilitates the states' implementation and enforcement of these FMPs in their waters. Under the Atlantic Coastal Act, Federal support is still required for cooperative interstate management. The Commission FMP for Atlantic red drum was adopted under the authority of the Atlantic States Marine Fisheries Compact, originally approved by Congress in 1940. In 1998, the Secretary approved Amendment 1 to the Council FMP, which identified essential fish habitat and habitat areas of particular concern. In 2000, Amendment 2 to the Council FMP established new proxy reference points for red drum, based on a 40-percent static spawning potential ratio (SPR) of the stock. However, under the Commission FMP, state management measures were still based on an SPR of 30 percent and red drum continued to be overfished. Therefore, to reduce mortality of juvenile red drum in state waters and achieve optimum yield from the stock, the South Atlantic Council's Red Drum Management Committee and the Commission's South Atlantic State-Federal Management Board recommended the Commission implement compatible management measures. In June 2002, the Commission developed and approved Amendment 2 to the Commission FMP, which among other things, updated the Commission FMP to meet the standards for Commission FMPs under the Atlantic Coastal Act. The management goal of Amendment 2 was to achieve and maintain the optimum yield for the Atlantic red drum fishery, i.e. the amount of harvest U.S. fishermen could take while maintaining the SPR at or above 40 percent. To meet this goal, Amendment 2 required states to implement appropriate bag and size limits. In addition, all states agreed to maintain their current level of harvest restrictions to preclude the establishment of any new commercial fisheries for red drum. The Commission's Red Drum Plan Review Team examined the status of the Atlantic red drum stock the next year. They found that although escapement of juvenile red drum to the EEZ was increasing (by approximately 15 percent in the southern region and 18 percent in the northern region), it was increasing by only approximately half of the desired rate of 30 percent. Thus, overfishing of juvenile red drum in state waters was still occurring. Following implementation of Amendment 2 to the Commission FMP, the Councils determined they had done all they could to protect the Atlantic red drum spawning stock, but lacked the ability to prevent overfishing of juveniles in state waters under the present management structure. As a result, the Mid-Atlantic and South Atlantic Councils requested in letters dated December 9, 2003, and October 26, 2004, respectively, that the Secretary repeal the Council FMP, as authorized under section 304(h) of the Magnuson-Stevens Act, and use the authority provided by the Atlantic Coastal Act to manage red drum in Federal waters of the U.S. Atlantic, with the provision that the current EEZ harvest or possession prohibitions remain in place. The letters stated that the basis for the Councils' requests was that the Commission has an Atlantic red drum FMP that mirrors the Council FMP, and 100 percent of the harvest and most of the day-to-day management of Atlantic red drum takes place in state waters under the Commission's jurisdiction. The letters also stated that consolidating the management of Atlantic red drum under one management authority, namely the Commission, would minimize costs and avoid unnecessary duplication as mandated by national standard 7 of the Magnuson-Stevens Act, without having any adverse impacts on the red drum resource. This would provide for a more efficient and timely mechanism to address managing Atlantic red drum throughout its range. The Commission supported these requests in a December 17, 2004, letter to NOAA's Assistant Administrator for Fisheries. The Commission requested that the current EEZ harvest or possession prohibitions remain in place, and that the process of withdrawing the Council FMP and establishing management authority under the Atlantic Coastal Act be a simultaneous action to ensure continuous protection of Atlantic red drum in the EEZ. Benefits of the Change in Management Authority Consistent with national standard 7, this action would reduce management costs and avoid unnecessary duplication of management efforts. Under the Atlantic Coastal Act, the Secretary will maintain the existing harvest or possession prohibitions in the EEZ, and the states, NMFS, and the U.S. Coast Guard will continue to enforce those prohibitions. Repealing the Council FMP under the Magnuson-Stevens Act and simultaneously implementing comparable regulations under the Commission FMP under the Atlantic Coastal Act, will provide for a more efficient and timely rebuilding of the Atlantic red drum resource. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, I have determined that this proposed rule is consistent with the Magnuson-Stevens Act and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The basis for this is as follows: No small entities, as defined by the Regulatory Flexibility Act, are directly or indirectly impacted by the rule and the rule has no direct or indirect economic costs. Specifically, this rule would transfer management of the Atlantic Red Drum Resource from the South Atlantic Fishery Management Council to the Atlantic States Marine Fisheries Commission (Commission) to reduce management costs by avoiding unnecessary duplication of management efforts. The Commission is the creation of 15 member states and each member state is represented by 3 Commissioners: the director for the state's marine fisheries management agency, a state legislator, and an individual appointed by the governor. Neither the Commission, which is directly affected by this rule, nor its member states are small governmental jurisdictions as defined by the RFA. The transfer would not require the Commission to change its existing Red Drum Fishery Management Plan, nor, in turn, would it require member states to change their existing regulations regarding harvest of red drum by small or large entities. Consequently, this rule would not require the Commission, its member states, or entities operating within the states to change existing practices. The Secretary would maintain the existing prohibitions in the EEZ, and NMFS and the U.S. Coast Guard would continue to enforce those prohibitions. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects 50 CFR Part 622 Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands. 50 CFR Part 697 Fisheries, Fishing. Dated: March 28, 2008. James W. Balsiger, Acting Assistant Administrator For Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR parts 622 and 697, are proposed to be amended as follows: PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows. Authority: 16 U.S.C. 1801 et seq. § 622.1 [Amended] 2. In § 622.1, Table 1, the entries for “Atlantic Coast Red Drum FMP” are removed. § 622.32 [Amended] 3. In § 622.32, remove paragraph (b)(3), and redesignate paragraph (b)(4) as paragraph (b)(3); remove newly redesignated paragraph (b)(3)(iii), and redesignate newly redesignated paragraphs (b)(3)(iv) through (vi) as paragraphs (b)(3)(iii) through (v). § 622.48 [Amended] 4. In § 622.48, remove paragraph (k), and redesignate paragraphs (l) and (m) as paragraphs (k) and (l), respectively. PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT 5. The authority citation for part 697 continues to read as follows: Authority: 16 U.S.C. 5101 et seq. 6. In § 697.2(a), the definition of “Atlantic red drum” is added and the definition of “Regional Administrator” is revised, in alphabetical order, to read as follows: § 697.2 Definitions. (a) * * * Atlantic red drum , also called redfish, means Sciaenops ocellatus , or a part thereof, found in the waters of the Atlantic Ocean off the Atlantic coastal states, to the outer boundary of the EEZ, as specified in § 600.10 of this chapter, from the boundary of the United States and Canada, to the boundary between the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council, as specified in § 600.105(c) of this chapter. Regional Administrator , means Regional Administrator, Northeast Region, NMFS, or Regional Administrator, Southeast Region, NMFS, whichever has the applicable jurisdiction, or a respective designee. 7. In § 697.7, paragraph (f) is added to read as follows: § 697.7 Prohibitions. (f) Atlantic red drum fishery . In addition to the prohibitions set forth in § 600.725 of this chapter, it is unlawful for any person to do any of the following: (1) Harvest or possess Atlantic red drum in the EEZ south of a line extending in a direction of 115° from true north commencing at a point at 40°29.6′ N. lat., 73°54.1′ W. long., such point being the intersection of the New Jersey/New York boundary with the 3-nm line denoting the seaward limit of state waters, and north of the demarcation line between the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council described in § 600.105(c) of this chapter. (2) Fail to release immediately without further harm, all Atlantic red drum caught in the EEZ area described in paragraph (f)(1) of this section. 8. In § 697.22, the introductory text and paragraph (a)(1) are revised to read as follows: § 697.22 Exempted fishing. The Regional Administrator or Director may exempt any person or vessel from the requirements of this part for the conduct of exempted fishing beneficial to the management of the American lobster, weakfish, Atlantic red drum, Atlantic striped bass, Atlantic sturgeon, or horseshoe crab resource or fishery, pursuant to the provisions of § 600.745 of this chapter. (a) * * * (1) Have a detrimental effect on the American lobster, weakfish, Atlantic red drum, Atlantic striped bass, Atlantic sturgeon, or horseshoe crab resource or fishery; or [FR Doc. E8-6955 Filed 4-2-08; 8:45 am] BILLING CODE 3510-22-S 73 65 Thursday, April 3, 2008 Notices DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2008-0011] Shiga Toxin-Producing E. coli Public Meeting AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notice of public meeting. SUMMARY: This notice is announcing that the U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) will sponsor a public meeting on April 9-10, 2008. The purpose of the meeting is to have a discussion with stakeholders on recent spikes in recalls and illnesses related to Escherichia coli ( E. coli ) O157:H7, provide updates on FSIS initiatives related to E. coli O157:H7, review perspectives, research progress, and build a foundation for establishing solutions to address the challenges this pathogen causes. DATES: The public meeting will be held on Wednesday, April 9, 2008, 8 a.m. to 5 p.m., and Thursday, April 10, 2008, 8 a.m. to 1 p.m. ADDRESSES: The meeting will be held at the Holiday Inn Georgetown, 2101 Wisconsin Avenue, NW., Washington, DC 20007, Phone: (202) 338-3120, Web site: http://www.higeorgetown.com . Any changes to meeting dates, times, location, and agenda will be posted on the FSIS Web site and announced in the Agency's Constituent Update. Registration Pre-registration for this meeting is encouraged. To pre-register to attend in person or via teleconference, access the FSIS Web site, http://www.fsis.usda.gov . Contact Sheila Johnson for more information on logistics at (202) 690-6498 or via e-mail at Sheila.johnson@fsis.usda.gov . All documents related to the meeting will be available for public inspection in the FSIS Docket Room, 1400 Independence Avenue, SW., Room 2534 South Building, Washington, DC 20250, between 8:30 a.m. and 4:30 p.m., Monday through Friday, as soon as they become available. FSIS will finalize an agenda on or before the meeting date and post it and the documents related to the public meeting on the FSIS Web page at: http://www.fsis.usda.gov/News/Meetings_&_Events/ . Also, when it becomes available, the official transcript of the meeting will be kept in the FSIS Docket Room at the above address and will also be posted on the Agency Web site, http://www.fsis.usda.gov . FOR FURTHER INFORMATION CONTACT: Keith Payne, Phone: (202) 690-6522, FAX: (202) 690-6519, e-mail: keith.payne@fsis.usda.gov or at the mail address: USDA, FSIS, 1400 Independence Avenue, SW., Room 1175, South Building, Washington, DC 20250. Persons requiring a sign language interpreter or other special accommodations should notify Mr. Payne by April 2, 2008. SUPPLEMENTARY INFORMATION: Background Shiga toxin-producing E. coli (STEC) was first identified in the early 1980s in North America as the cause of outbreaks of bloody diarrhea, often leading to severe and fatal illness. These outbreaks were associated with ground beef consumption, and E. coli O157:H7 was the STEC identified as causing the illnesses. In 1994, FSIS notified the public that raw ground beef contaminated with E. coli O157:H7 is adulterated under the Federal Meat Inspection Act unless the ground beef is processed to destroy this pathogen. Also in 1994, FSIS began sampling and testing ground beef for E. coli O157:H7. On January 19, 1999, FSIS published a policy statement in the Federal Register that explained that if non-intact raw beef products or intact raw beef products that are to be processed into non-intact product prior to distribution for consumption are found to be contaminated with E. coli O157:H7, they will be deemed to be adulterated if not processed to destroy the pathogen (64 FR 2803). Beginning at least with the high prevalence season for E. coli O157:H7 in April 2007, some control measures for E. coli O157:H7 implemented by beef operations have proven to be inadequate. During the period following April 2007, there has been an increased number of positives in Agency sampling for E. coli O157:H7 compared to the preceding three years, a couple of outbreaks attributed to this pathogen and beef products, and a number of large recalls. FSIS took a number of steps to address the increase in Agency E. coli O157:H7 positive results, outbreaks, and illnesses. For example, on October 12, 2007, FSIS issued instructions to inspection program personnel to inform establishments producing raw beef products that they had an obligation (under 9 CFR 417.4(a)(3)) to reassess their HACCP system to determine whether any changes were necessary in response to these E. coli O157:H7 developments. On October 12, 2007, FSIS also instructed inspection program personnel at establishments producing raw beef products to complete an on-line checklist detailing steps the establishment takes to address E. coli O157:H7. FSIS intends to use the information from the checklist to determine targeted approaches for Agency E. coli O157:H7 verification testing. Also in October 2007, FSIS implemented other steps, including follow-up sampling and testing of raw ground beef, raw ground beef trimmings, and other raw ground beef and raw beef patty components in response to an FSIS positive E. coli O157:H7 result or another Federal or State entity's positive E. coli O157:H7 result. It also announced that it would begin routine sampling and testing of raw ground beef components (including raw beef patty components) other than beef manufacturing trimmings for E. coli O157:H7. Raw ground beef components other than beef manufacturing trimmings include two piece chucks and other primal/sub-primal cuts intended for use in raw ground beef or other raw non-intact product, raw esophagus (weasand) meat, head meat, cheek meat, beef from advanced meat recovery (AMR) systems, low temperature rendered lean finely textured beef (LFTB), partially defatted chopped beef, partially defatted beef fatty tissue, and heart meat. Finally, on January 1, 2008, FSIS began a new risk- based sampling program for E. coli O157:H7 that takes into account establishment volume. To continue to take steps to address E. coli O157:H7, FSIS will hold a public meeting on Wednesday and Thursday, April 9-10, 2008, to facilitate discussion with stakeholders on recent spikes in recalls and illnesses related to E. coli O157:H7; provide updates on FSIS initiatives related to E. coli O157:H7; and solicit input from producers, industry, consumers, academia, states, and other public health and regulatory agencies for possible solutions to address the challenges this pathogen presents. All interested parties are welcome to attend the meeting and to submit written comments on the agenda items after they are discussed through May 7, 2008, to Mr. Payne by phone (202) 690-6522, fax (202) 690-6519, e-mail: Keith.payne@fsis.usda.gov , or at the mail address: USDA, FSIS, 1400 Independence Avenue, SW., Room 1175, South Building, Washington, DC 20250. Individuals who do not wish FSIS to post their personal contact information—mailing address, e-mail address, telephone number—on the Internet may leave the information off their comments. The comments and the official transcript of the meeting, when they become available, will be posted on the agency's Web site at http://www.fsis.usda.gov . Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it online through the FSIS Web page located at http://www.fsis.usda.gov/regulations/2008_Notices_Index/ . FSIS will also make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/ . Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. Done at Washington, DC, on: March 28, 2008. Alfred V. Almanza, Administrator. [FR Doc. E8-6868 Filed 4-2-08; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF COMMERCE International Trade Administration Applications for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before April 23, 2008. Address written comments to Statutory Import Programs Staff, Room 2104, U.S. Department of Commerce, Washington, D.C. 20230. Applications may be examined between 8:30 A.M. and 5:00 P.M. at the U.S. Department of Commerce in Room 2104. Docket Number: 08-007. Applicant: University of Southern California, University Park, Los Angeles, CA 90089-9045. Instrument: Transmission Electron Microscope, Model JEM-2100. Manufacturer: Jeol, Inc., Japan. Intended Use: The instrument is intended to be used to visualize tissues, cells and purified biological molecules at high magnification by transmission electron microscopy. The tissues, cells and molecules to be imaged will be evaluated for their morphological and structural features. Application accepted by Commissioner of Customs: March 11, 2008. Dated: March 28, 2008. Faye Robinson, Director Statutory Import Programs Staff. [FR Doc. E8-6947 Filed 4-2-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Application for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651; as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be filed within 20 days with the Statutory Import Programs Staff, U.S. Department of Commerce 14 th and Constitution Ave., NW, Room 2104 Washington, D.C. 20230. Applications may be examined between 8:30 a.m. and 5 p.m. in Room 2104, U.S. Department of Commerce. Docket Number: 08-008. Applicant: Rice University, 6100 Main Street, Houston, TX 77005. Instrument: Low Temperature Microscopy Scanning Probe. Manufacturer: Nano Magnetics Instruments, Ltd., Turkey. Intended Use: The instrument is intended to be used for imaging local magnetic field and change current distribution in semiconductor nanostructures. An essential feature of this instrument is that can supply 300mK scanning Hall probe microscopy with 50 NM special resolution. Application accepted by Commissioner of Customs: March 12, 2008. Docket Number: 08-009. Applicant: University of Michigan, Department of Materials Science and Engineering, 2300 Hayward St., Ann Arbor, MI 48109-2136. Instrument: Heating Microscope Optical Dilatometer. Manufacturer: Expert System Solutions, Italy. Intended Use: This instrument will be used in a Defense Advanced Research Projects Agency (DARPA)-funded project on Direct Digital Manufacturing of Airfoils. The objective is to create a low-cost highly accurate method for manufacture of jet turbine engine airfoils for military aircraft. The Heating Microscope Optical Dilatometer hardware and software will be used for sintering shrinkage up to 1600 degrees centigrade, thermal expansion down to room temperature and cristobalite transformation at 215 degrees centigrade. An essential feature of the equipment is that it perform a non-contact optical measurement. Application accepted by Commissioner of Customs: March 14, 2008. Dated: March 28, 2008. Faye Robinson, Director, Statutory Import Programs Staff, Import Administration. [FR Doc. E8-6949 Filed 4-2-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-580-807 Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement of the Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 2, 2007 the Department of Commerce (the Department) published the preliminary results of the changed circumstances review and intent to reinstate Kolon Industries, Inc. (Kolon) in the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET film) from the Republic of Korea (Korea). See Polythylene Terephthalate Film Sheet and Strip from the Republic of Korea: Preliminary Results of Changed Circumstances Review and Intent to Reinstate Kolon Industries, Inc. in the Antidumping Order , 72 FR 56048 (October 2, 2007) ( Preliminary Results ). On February 6, 2008 we extended the time frame for completion of this changed circumstances review by 60 days. See Polythylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Extension of Time Limits for Final Results of Changed Circumstances Review , 73 FR 6931 (February 6, 2008). This review covers subject merchandise manufactured and exported by Kolon. The products covered by this order are all gauges of PET film, sheet and strip ( see “Scope of the Review” section below). The period of review (POR) is July 1, 2005 through June 30, 2006. Based on our analysis of the comments received, we have made changes in the margin calculation. Therefore, the final results differ from the preliminary results. We determine that Kolon sold subject merchandise at less than normal value (NV) during the POR, and hereby reinstate Kolon in the order. The final weighted-average dumping margin is listed below in the section entitled “Final Results of Review.” EFFECTIVE DATE: April 3, 2008. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-4475 or (202) 482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On October 2, 2007, the Department published in the Federal Register the preliminary results of changed circumstances review and intent to reinstate Kolon in the antidumping order on PET film from Korea. See Preliminary Results . This review covers sales of subject merchandise by Kolon. The POR is July 1, 2005 through June 30, 2006. We invited interested parties to comment on the preliminary results of review. On November 5, 2007, we received comments from Kolon and the petitioners (DuPont Teijin Films, Mitsubishi Polyester Film, Inc, and Toray Plastics (America) Inc.). On November 13, 2007, Kolon and the Petitioners filed rebuttal comments. At the request of Kolon, we held a hearing on this changed circumstances review on November 21, 2007. On February 6, 2008, we extended the time frame for completion of this changed circumstances review by 60 days. The Department has conducted this changed circumstances review in accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act). Scope of the Order Imports covered by this review are shipments of all gauges of raw, pretreated, or primed polyethylene terephthalate film, sheet, and strip, whether extruded or coextruded. The films excluded from this review are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance enhancing resinous or inorganic layer of more than 0.00001 inches (0.254 micrometers) thick. PET film is currently classifiable under Harmonized Tariff Schedule (HTS) subheading 3920.62.00.90 The HTS subheading is provided for convenience and for customs purposes. The written description remains dispositive as to the scope of the product coverage. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by Kolon and the Petitioners are addressed in the “Issues and Decision Memorandum” (Decision Memorandum) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated March 30, 2008, which is adopted by this notice. A list of issues which parties have raised is in the Decision Memorandum and is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Decision Memorandum which is on file in the Central Records Unit, Room 1117, of the main Commerce Building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http://www.ia.ita.doc.gov/frn . The paper copy and the electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made certain changes in the margin calculations. These changes are discussed in the relevant sections of the Decision Memorandum and the Memorandum to the File from Michael J. Heaney dated March 31, 2007 (Analysis Memorandum). Specifically, for these final results: 1) We matched home market and U.S. sales of PET film by their actual thicknesses rather than by thickness ranges. 2) We made a deduction from CEP to account for bank and postal charges incurred by Kolon's U.S. affiliate. 3) We corrected a clerical error in our recalculation of variable cost of manufacture. Final Results of Review We determine that the following weighted-average margin percentage exists for the period July 1, 2005 through June 30, 2006: Manufacturer/Exporter Margin Kolon 1.53 percent Since we have established that PET film from Korea manufactured and exported by Kolon is being sold at less than NV, Kolon is hereby reinstated in the antidumping order effective on the publication date of this notice. We will advise the U.S. Customs and Border Protection to collect a cash deposit of 1.53 percent on all entries of the subject merchandise exported by Kolon that are entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results. This requirement shall remain in effect until publication of the final results of the next administrative review as to Kolon. There are no changes to the rates applicable to any other companies under this antidumping duty order. Notification to Interested Parties The Department will disclose calculations performed in connection with the final results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/disposition of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination in accordance with section 751(b)(1) of the Act and 19 CFR 351.216. Dated: March 28, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix-Comments in Decision Memo 1. Authority to reinstate Kolon in the antidumping Order> 2. Whether Changed Circumstances Reviews Are a Suitable Vehicle for Reinstating Previously Revoked Respondents Within an Order 3. Whether Reinstating Revoked Respondents is Consistent with the Court's Decision on Asahi Chemical 4. Authority of Department to Require Kolon to Sign a Reinstatement Agreement> 5. Whether Procedures Applicable to Reviews or Investigations Should Govern this Proceeding 6. Zeroing 7. Model-Match Methodology 8. Calculation of General and Administrative Expenses 9. Calculation of Variable Cost of Manufacture 10. Adjustment for Kolon's Bank and Postal Charges [FR Doc. E8-6951 Filed 4-2-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG78 Atlantic Coastal Fisheries Cooperative Management Act Provisions; Tautog Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of cancellation of Federal moratorium. SUMMARY: NMFS announces the cancellation of the Federal moratorium on fishing for tautog in the State waters of New Jersey. NMFS canceled the moratorium, as required by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), based on the determination that New Jersey is now in compliance with the Atlantic States Marine Fisheries Commission's (Commission) Tautog Interstate Fishery Management Plan (Plan). DATES: Effective March 31, 2008. ADDRESSES: Harold C. Mears, Director, State, Federal and Constituent Programs Office, NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930. FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management Specialist, NMFS, Northeast Region, (978) 281-9327, fax (978) 281-9117, e-mail Bob.Ross@noaa.gov . SUPPLEMENTARY INFORMATION: Background Tautog ( Tautoga onitis ), often known by the common name “blackfish,” is a coastal fish species ranging from Nova Scotia to South Carolina, but most abundant from the southern Gulf of Maine (lower Massachusetts Bay and southern Cape Cod Bay) to Chesapeake Bay. The Commission manages this species according to its Tautog Plan. The Commission's Tautog Plan can be located at http://www.asmfc.org , (select “Interstate Fishery Management,” then select “Tautog.”). On February 7, 2008, the Commission voted the State of New Jersey out of compliance with the Commission's Tautog Plan. Specifically, the Commission found that New Jersey had not implemented management measures to achieve the required 25.6 percent reduction in tautog exploitation as was required by the Tautog Plan. The Commission forwarded the findings of their vote on February 7, 2008, in a formal non-compliance referral letter that the Secretary of Commerce (Secretary) received on February 11, 2008. On March 10, 2008, upon a delegation of authority from the Secretary, NMFS completed its independent review of the Commission's findings and NMFS determined that the State of New Jersey was not in compliance with the Commission's Tautog Plan and that the measures New Jersey failed to implement and enforce are necessary for the conservation of the tautog fishery. New Jersey was notified by letter on March 11, 2008, that NMFS declared a Federal moratorium on fishing for, possession of, and landing of tautog by the recreational and commercial fishermen in New Jersey state waters effective April 1, 2008, if New Jersey has not complied with the Commission's Tautog Plan by that date. Details were provided in a Federal Register notice published on March 14, 2008 (73 FR 13864), and are not repeated here. Activities Pursuant to the Atlantic Coastal Act The Atlantic Coastal Act specifies that, if, after a moratorium is declared with respect to a State, the Secretary is notified by the Commission that it is withdrawing the determination of noncompliance, the Secretary shall immediately determine whether the State is in compliance with the applicable plan. If the state is determined to be in compliance, the moratorium shall be terminated. On March 26, 2008, NMFS received a letter from the Commission that New Jersey has taken corrective action to comply with the Tautog Plan, and that the Commission has withdrawn its determination of noncompliance. Cancellation of the Moratorium Based on the Commission's March 26, 2008, letter, information received from the State of New Jersey, and NMFS review of New Jersey's revised tautog regulations, which achieved the required 25.6-percent reduction in tautog exploitation as was required by the Tautog Plan, NMFS concurs with the Commission's determination that New Jersey is now in compliance with the Tautog Plan. Therefore, the moratorium on fishing for, possession of, and landing of tautog by the recreational and commercial fishermen within New Jersey waters is canceled. Authority: 16 U.S.C. 5101 et seq. Dated: March 31, 2008. James W. Balsiger, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 08-1090 Filed 3-31-08; 3:59 pm]