Proposed Flood Elevation Determinations, 33432-33436 [E7-11640]

Download as PDF 33432 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules charges to Medicare and State health care programs. This behavior, the commenters noted, could result in increased health care costs across the health care industry. jlentini on PROD1PC65 with PROPOSALS C. Determination Not To Promulgate a Final Rule We have carefully reviewed the public comments and considered the issues raised by promulgating a final rule that would define the terms ‘‘substantially in excess’’ and ‘‘usual charges,’’ and clarify the ‘‘good cause’’ exception in the manner proposed in the notice of proposed rulemaking. For the reasons set forth below, we decline to promulgate a final rule. First, we have concluded that we do not have sufficient information at this time to establish a single, fixed numerical benchmark for ‘‘substantially in excess’’ that could be applied equitably across health care sectors and across items and services, as we originally proposed. Our intent in proposing the 120 percent benchmark was to create a bright line standard by which all providers could evaluate their usual charges. Upon reviewing the comments, we believe that a single benchmark for ‘‘substantially in excess’’ is unadvisable at this time. We believe it is more appropriate to continue to evaluate billing patterns of individuals and entities on a case-by-case basis. Second, based on our review of the comments, we have determined that there is insufficient information at this time to assure ourselves that a final rule would not have the unintended effect of increasing health care costs across the industry. OIG remains concerned about disparities in the amounts charged to Medicare and Medicaid when compared to private payers. While Medicare pays for many items and services using fee schedules that serve as payment ceilings, many of these fee schedules are infrequently updated or may be updated using methods that do not adequately capture prevailing market rates for the same items and services. We recognize that, in most cases, these fee schedules are intended to approximate a reasonable payment amount. However, fee schedules are administered prices that, in some situations, may quickly become out-dated. As we noted in the preamble to the September 15, 2003 proposed rule: ‘‘When market forces cause a provider’s usual charge to most of its customers to drop substantially below the Medicare fee schedule allowance, some providers continue to charge Medicare at least the fee schedule amount. In this situation, the provider creates a two-tier pricing structure with Medicare VerDate Aug<31>2005 16:04 Jun 15, 2007 Jkt 211001 paying more than other customers. Unless the price differential can be justified by costs that are uniquely associated with the Medicare program, the provider is simply overcharging Medicare. In such circumstances, section 1128(b)(6)(A) of the Act obligates providers to either charge Medicare and Medicaid approximately the same amount as they usually charge their other purchasers for the same items or services or risk exclusion from all Federal health care programs.’’ (68 FR 53939, 53940). While the principal protection against overpaying for items and services furnished to Medicare and Medicaid beneficiaries is timely and accurate updating of the fee schedules, OIG continues to believe that section 1128(b)(6)(A) of the Act provides useful backstop protection for the public fisc from providers that routinely charge Medicare or Medicaid substantially more than their other customers (68 FR 53939, 53941). We will continue to evaluate billing patterns of individuals and entities on a case-by-case basis and to use all tools available to OIG to address instances where Medicare or Medicaid are charged substantially more than other payors, without good cause. D. Application of Section 1128(b)(6)(A) of the Act to Discounts to the Uninsured In the past, some providers have expressed concern that offering discounts to uninsured patients or other patients who cannot afford their care might skew the provider’s ‘‘usual charges’’ for purposes of section 1128(b)(6)(A) of the Act and possibly subject them to exclusion. OIG has never excluded or contemplated excluding any provider for offering bona fide discounts to uninsured patients or to other patients who cannot afford the provider’s care. OIG believes that section 1128(b)(6)(A) of the Act can be reasonably interpreted to allow providers to carve out discounts to these patients when calculating their ‘‘usual charges’’ to other customers. To this end, the September 15, 2003 proposed rule made clear that free or substantially reduced prices offered to such patients would not be factored into a provider’s usual charges for purposes of the exclusion authority (68 FR 53939, 53941). To further assure the industry, we issued guidance on our Web site on February 19, 2004 specifically providing that, pending a decision with respect to the September 15, 2003 proposed rule, it would continue to be OIG’s enforcement policy ‘‘that, when calculating their ‘usual charges’ for purposes of section 1128(b)(6)(A), individuals and entities do not need to consider free or substantially reduced charges to (i) uninsured patients or (ii) underinsured patients who are self- PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 paying patients for the items or services furnished.’’ (http://oig.hhs.gov/fraud/ docs/alertsandbulletins/2004/ FA021904hospitaldiscounts.pdf) Nothing in this withdrawal notice affects OIG’s long-standing interpretation of the statute in this regard, and it continues to be OIG’s position that, when calculating their ‘‘usual charges’’ for purposes of section 1128(b)(6)(A) of the Act, individuals and entities do not need to consider free or substantially reduced charges to (i) uninsured patients or (ii) underinsured patients who are self-pay patients for the items or services furnished. II. Withdrawal of Notice of Proposed Rulemaking Accordingly, the notice of proposed rulemaking that was published in the Federal Register on September 15, 2003 (68 FR 53939) is withdrawn. III. Regulatory Impact Analysis Since this action only withdraws a notice of proposed rulemaking, it is neither a proposed nor a final rule, and therefore, is not covered under Executive Order 12866 or the Regulatory Flexibility Act (5 U.S.C. 601–612). List of Subjects in 42 CFR Part 1001 Administrative practice and procedure, Fraud, Health facilities, Health professions, Medicaid, Medicare. Dated: May 10, 2007. Daniel R. Levinson, Inspector General. Approved: May 25, 2007. Michael O. Leavitt, Secretary. [FR Doc. E7–11663 Filed 6–15–07; 8:45 am] BILLING CODE 4150–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–D–7802] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for E:\FR\FM\18JNP1.SGM 18JNP1 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community. DATES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. ADDRESSES: FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151. 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). SUPPLEMENTARY INFORMATION: Flooding source(s) 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. 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. Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This 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: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation 33433 Effective Communities affected Modified Polk County, North Carolina and Incorporated Areas Bear Creek ............................ At the confluence with North Pacolet River ................. None +1,395 None +1,564 Big Fall Creek ....................... Approximately 870 feet upstream of Charleston Harbor Drive. At the confluence with North Pacolet River ................. None +1,102 Brights Creek ........................ Approximately 1,270 feet upstream of railroad ............ At the confluence with Green River ............................. None None +1,682 +922 None +937 Britten Creek ......................... Approximately 700 feet upstream of the confluence of Rash Creek. At the confluence with Green River ............................. None +838 None +1,108 None +732 None +739 Collinsville Creek .................. Approximately 170 feet upstream of Lake Adger Road (State Road 1138). On the upstream side of Poors Ford Road (State Road 1004). Approximately 0.6 mile upstream of the confluence of Green River. At the confluence with Hughes Creek .......................... None +858 None +996 Tributary 4 ...................... Approximately 1.1 miles upstream of Landrum Road (State Road 1520). At the confluence with Collinsville Creek ..................... None +961 Approximately 0.5 mile upstream of the confluence with Collinsville Creek. None +982 jlentini on PROD1PC65 with PROPOSALS Broad River ........................... VerDate Aug<31>2005 16:04 Jun 15, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\18JNP1.SGM 18JNP1 Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). 33434 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation Effective Modified Green River ........................... At the confluence with Broad River .............................. None +736 Tributary 17 .................... At the Polk/Henderson County boundary ..................... At the confluence with Green River ............................. None None +1,442 +784 Approximately 0.5 mile upstream of the confluence with Green River. At the confluence with Green River ............................. None +798 Tributary 29 .................... None +810 Approximately 0.6 mile upstream of the confluence with Green River. At the confluence with Green River ............................. None +868 Tributary 30 .................... None +817 Approximately 0.8 mile upstream of the confluence with Green River. At the confluence with Green River ............................. None +839 Tributary 36 .................... None +835 Approximately 0.4 mile upstream of the confluence with Green River. At the confluence with Green River ............................. None +854 Tributary 38 .................... None +844 Approximately 1,220 feet upstream of Katydid Lane ... At the confluence with Green River Tributary .............. None None +856 +817 None +844 Greens Creek ........................ Approximately 0.4 mile upstream of the confluence with Green River Tributary 30. At the confluence with White Oak Creek ..................... None +745 None +772 Hensons Creek ..................... Approximately 350 feet upstream of East Green Creek Drive (State Road 1340). At the Rutherford/Polk County boundary ..................... None +823 None +824 None +811 None +1,034 Horse Creek .......................... Approximately 60 feet upstream of the Polk/Rutherford County boundary. Approximately 500 feet downstream of the most downstream North Carolina/South Carolina State boundary. Approximately 320 feet upstream of Henderson Road (State Road 1525). At the confluence with North Pacolet River ................. None +879 None +2,594 Hughes Creek ....................... Approximately 70 feet downstream of Three Bridges Drive. At the North Carolina/South Carolina State boundary. None +803 None +894 Joels Creek ........................... Approximately 270 feet upstream of Landrum Road (State Road 1520). At the confluence with North Pacolet River ................. None +1,675 Approximately 0.7 mile upstream of Person Falls Road (State Road 1102). At the confluence with North Pacolet River ................. None +1,891 None +893 Approximately 300 feet upstream of North Trade Street. At the confluence with Vaughn Creek .......................... None +1,005 None +972 Little White Oak Creek .......... Approximately 1,020 feet upstream of Jervey Road .... At the confluence with White Oak Creek ..................... None None +1,022 +838 Machine Creek ...................... Approximately 550 feet upstream of NC Highway 9 .... At the confluence with White Oak Creek ..................... None None +974 +827 Approximately 500 feet upstream of U.S. Highway 74. At the confluence with White Oak Creek ..................... None +848 None +755 Approximately 1,250 feet upstream of Coxe Road (State Road 1005). None +756 Green River Tributary of Tributary 30. Hooper Creek ........................ Little Creek (into North Pacolet River). Little Creek (into Vaughn Creek). jlentini on PROD1PC65 with PROPOSALS Communities affected Mill Creek (into White Oak Creek). VerDate Aug<31>2005 16:04 Jun 15, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\18JNP1.SGM 18JNP1 Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas) Town of Columbus. Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). City of Saluda. Polk County (Unincorporated Areas). Town of Tryon. Town of Tryon. Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation Effective North Pacolet River ............... 33435 Communities affected Modified At the North Carolina/South Carolina State boundary. None +837 None +1,761 Tributary 18 .................... Approximately 0.5 mile upstream of the confluence of Joels Creek. At the confluence with North Pacolet River ................. None +917 None +924 Tributary 20 .................... Approximately 120 feet downstream of Howard Gap Road (State Road 1122). At the confluence with North Pacolet River ................. None +935 None +948 Ostin Creek ........................... Approximately 300 feet upstream of Baker Road (State Road 1124). At the confluence with Green River ............................. None +919 None +1,022 Rash Creek ........................... Approximately 200 feet upstream of Cow Crossing Lane. At the confluence with Brights Creek ........................... None +935 Approximately 750 feet upstream of the confluence with Brights Creek. At the confluence with Little White Oak Creek ............ None +938 None +876 Approximately 2.3 miles upstream of NC Highway 9 .. At the confluence with North Pacolet River ................. None None +926 +889 None +989 Wheat Creek ......................... Approximately 630 feet upstream of the confluence of Little Creek (into Vaughn Creek). At the confluence with Vaughn Creek .......................... Approximately 0.8 mile upstream of Vaughn Street .... At the confluence with Vaughn Creek .......................... Approximately 850 feet upstream of Jervey Road ....... At the confluence with Green River ............................. Approximately 60 feet upstream of NC Highway 9 ...... At the confluence with Green River ............................. None None None None None None None +904 +973 +972 +997 +802 +1,058 +768 None +817 White Oak Creek .................. Approximately 500 feet upstream of Ponder Road (State Road 1329). At the confluence with Green River ............................. None +743 None +902 Wolfe Creek .......................... Approximately 40 feet downstream of Smith Dairy Road (State Road 1528). At the confluence with North Pacolet River ................. None +842 Approximately 460 feet upstream of Interstate Highway 26. None +877 South Branch Little White Oak Creek. Vaughn Creek ....................... Tributary 1 ...................... Tributary 2 ...................... Walnut Creek ........................ Polk County (Unincorporated Areas). Town of Tryon. Polk County (Unincorporated Areas). Town of Tryon. Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Town of Tryon. Town of Tryon. Town of Tryon. Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). Polk County (Unincorporated Areas). jlentini on PROD1PC65 with PROPOSALS * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Saluda Maps are available for inspection at Saluda City Hall, 6 East Main Street, Saluda, North Carolina. Send comments to The Honorable Lee H. Clippard, Sr., Mayor of the City of Saluda, P.O. Box 248, Saluda, North Carolina 28773. Town of Columbus Maps are available for inspection at Columbus Town Hall, 95 Walker Street, Columbus, North Carolina. Send comments to The Honorable Kathleen McMillian, Mayor of the Town of Columbus, P.O. Box 146, Columbus, North Carolina 28722. Town of Tryon Maps are available for inspection at Tryon City Hall, 301 North Trade Street, Tryon, North Carolina. Send comments to The Honorable J. Alan Peoples, Mayor of the Town of Tryon, 301 North Trade Street, Tryon, North Carolina 28782. Polk County (Unincorporated Areas) Maps are available for inspection at Polk County Planning Department, 40 Courthouse Street, Columbus, North Carolina. Send comments to Mr. Ryan Whitson, Polk County Manager, P.O. Box 308, Columbus, North Carolina 28722. VerDate Aug<31>2005 16:04 Jun 15, 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\18JNP1.SGM 18JNP1 33436 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Driftnet Fishing Moratorium Protection Act. ACTION: Dated: June 4, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7–11640 Filed 6–15–07; 8:45 am] Request for Comments SUMMARY: NMFS proposes to amend the regulations governing the North and South Atlantic swordfish fisheries to implement two recommendations by the International Commission for the Conservation of Atlantic Tuna (ICCAT) (Recommendations 06–02 and 06–03). These recommendations establish baseline quotas for North and South Atlantic swordfish, respectively, and set caps on underharvest carryover. Additionally, recommendation 06–02 allows a contracting party (CPC) with a total allowable catch (TAC) allocation to make a transfer within a fishing year of up to 15 percent of its baseline allocation to other CPCs, as long as the transfer is conducted in a manner that is consistent with domestic obligations and conservation considerations. This action, if adopted, would remain in effect until ICCAT provides new recommendations for the U.S. swordfish fisheries. In addition, NMFS proposes to modify the North and South Atlantic swordfish quotas for the 2006 fishing year to account for updated landings information from the 2004 and 2005 fishing years. Finally, NMFS proposes to include the option of an internet Web site as an additional method for complying with the Atlantic HMS Angling or Atlantic HMS Charter/ Headboat category’s 24 hour reporting requirement. Currently, reporting is by telephone only. NMFS solicits written comments and will hold public hearings in July 2007 to receive oral comments on these proposed actions. DATES: Written comments on the proposed rule must be received by 5 p.m. on July 18, 2007. The public hearing dates and times are: 1. Monday, July 9, 2007, 3–5 p.m., Silver Spring, MD. 2. Tuesday, July 10, 2007, 6–8 p.m., Fort Pierce, FL. 3. Thursday, July 12, 2007, 3–5 p.m., Gloucester, MA. Additional public hearings will be considered upon request and must be received by 5 p.m. on June 29, 2007 (see FOR FURTHER INFORMATION CONTACT). ADDRESSES: The public hearing locations are: 1. Silver Spring—National Oceanic and Atmospheric Administration, SSMC III, 1311B, 1301 East-West Highway, Silver Spring, MD 20910; 2. Fort Pierce—Fort Pierce Library, 101 Melody Lane, Fort Pierce, FL 34950; and 3. Gloucester—National Oceanic and Atmospheric Administration, Northeast BILLING CODE 9110–12–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Dates, Times, and Locations 50 CFR Part 300 RIN 0648–AX72 Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, or Unregulated Fishing or Bycatch of Protected Living Marine Resources National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public input sessions; request for comments. AGENCY: SUMMARY: NMFS published an advanced notice of proposed rulemaking (ANPR) to announce that it is developing certification procedures to address illegal, unreported, or unregulated (IUU) fishing activities and bycatch of protected living marine resources pursuant to the High Seas Driftnet Fishing Moratorium Protection Act. This notice is to announce three public input sessions to discuss and collect comments on the issues described in the ANPR. DATES: Public input sessions will be held in July of 2007. For specific dates and times, see SUPPLEMENTARY INFORMATION. Public input sessions will be held in Silver Spring, MD; Long Beach, CA; and Seattle, WA. For details, see SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Christopher Rogers (ph. 301–713–9090, fax 301–713–9106, e-mail christopher.rogers@noaa.gov). ADDRESSES: On June 11, 2007 (72 FR 32052), NMFS published an advance notice of proposed rulemaking to announce that it is developing certification procedures to address illegal, unreported, or unregulated (IUU) fishing activities and bycatch of protected living marine resources pursuant to the High Seas jlentini on PROD1PC65 with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 16:04 Jun 15, 2007 Jkt 211001 NMFS is seeking advance public comment on the development of these procedures and on the sources and types of information to be considered in the process. Three opportunities for public input have been arranged to provide the public an opportunity to comment. Comments received on the ANPR will assist NMFS in developing a proposed rule. The public input sessions will be held as follows: 1. Monday, July 2, 2007, 3–5 p.m. NMFS Headquarters Science Center, SSMC4, 1310 East-West Highway, Silver Spring, MD 20910; phone 301–713– 9090. 2. Thursday, July 5, 2007, 3–5 p.m. NMFS Southwest Regional Office, 501 West Ocean Boulevard, Room 3470, Long Beach, CA 90802; phone 562–980– 4040. 3. Thursday, July 5, 2007, 3–5 p.m. NMFS Northwest Regional Office, 7600 Sand Point Way NE, Building 9 Auditorium, Seattle, WA 98115; phone 206–526–6150. Special Accommodations The sessions are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Christopher Rogers (see FOR FURTHER INFORMATION CONTACT) at least 7 days prior to the session. Dated: June 12, 2007. Rebecca Lent, Director, Office of International Affairs, National Marine Fisheries Service. [FR Doc. E7–11624 Filed 6–15–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 070522149–7154–01; I.D. 020607C] RIN 0648–AV10 Atlantic Highly Migratory Species; Atlantic Swordfish Quotas National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Proposed rule; request for comments; notice of public hearings. E:\FR\FM\18JNP1.SGM 18JNP1

Agencies

[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Proposed Rules]
[Pages 33432-33436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11640]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7802]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Technical information or comments are requested on the 
proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed 
BFEs modifications for the communities listed below. The BFEs are the 
basis for

[[Page 33433]]

the floodplain management measures that the community is required 
either to adopt or to show evidence of being already in effect in order 
to qualify or remain qualified for participation in the National Flood 
Insurance Program (NFIP).

DATES: The comment period is ninety (90) days following the second 
publication of this proposed rule in a newspaper of local circulation 
in each community.

ADDRESSES: The proposed BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Directorate, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
3151.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) 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.
    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.
    Regulatory Classification. This proposed rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This 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.


Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                             elevation                  ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                               Polk County, North Carolina and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bear Creek..........................  At the confluence with          None       +1,395  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 870 feet          None       +1,564
                                       upstream of Charleston
                                       Harbor Drive.
Big Fall Creek......................  At the confluence with          None       +1,102  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 1,270             None       +1,682
                                       feet upstream of
                                       railroad.
Brights Creek.......................  At the confluence with          None         +922  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 700 feet          None         +937
                                       upstream of the
                                       confluence of Rash
                                       Creek.
Britten Creek.......................  At the confluence with          None         +838  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 170 feet          None       +1,108
                                       upstream of Lake Adger
                                       Road (State Road 1138).
Broad River.........................  On the upstream side of         None         +732  Polk County
                                       Poors Ford Road (State                             (Unincorporated
                                       Road 1004).                                        Areas).
                                      Approximately 0.6 mile          None         +739
                                       upstream of the
                                       confluence of Green
                                       River.
Collinsville Creek..................  At the confluence with          None         +858  Polk County
                                       Hughes Creek.                                      (Unincorporated
                                                                                          Areas).
                                      Approximately 1.1 miles         None         +996
                                       upstream of Landrum
                                       Road (State Road 1520).
    Tributary 4.....................  At the confluence with          None         +961  Polk County
                                       Collinsville Creek.                                (Unincorporated
                                                                                          Areas).
                                      Approximately 0.5 mile          None         +982
                                       upstream of the
                                       confluence with
                                       Collinsville Creek.

[[Page 33434]]

 
Green River.........................  At the confluence with          None         +736  Polk County
                                       Broad River.                                       (Unincorporated
                                                                                          Areas).
                                      At the Polk/Henderson           None       +1,442
                                       County boundary.
    Tributary 17....................  At the confluence with          None         +784  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.5 mile          None         +798
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 29....................  At the confluence with          None         +810  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.6 mile          None         +868
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 30....................  At the confluence with          None         +817  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.8 mile          None         +839
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 36....................  At the confluence with          None         +835  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 0.4 mile          None         +854
                                       upstream of the
                                       confluence with Green
                                       River.
    Tributary 38....................  At the confluence with          None         +844  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 1,220             None         +856
                                       feet upstream of
                                       Katydid Lane.
Green River Tributary of Tributary    At the confluence with          None         +817  Polk County
 30.                                   Green River Tributary.                             (Unincorporated
                                                                                          Areas).
                                      Approximately 0.4 mile          None         +844
                                       upstream of the
                                       confluence with Green
                                       River Tributary 30.
Greens Creek........................  At the confluence with          None         +745  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 350 feet          None         +772
                                       upstream of East Green
                                       Creek Drive (State
                                       Road 1340).
Hensons Creek.......................  At the Rutherford/Polk          None         +823  Polk County
                                       County boundary.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 60 feet           None         +824
                                       upstream of the Polk/
                                       Rutherford County
                                       boundary.
Hooper Creek........................  Approximately 500 feet          None         +811  Polk County
                                       downstream of the most                             (Unincorporated
                                       downstream North                                   Areas).
                                       Carolina/South
                                       Carolina State
                                       boundary.
                                      Approximately 320 feet          None       +1,034
                                       upstream of Henderson
                                       Road (State Road 1525).
Horse Creek.........................  At the confluence with          None         +879  Polk County
                                       North Pacolet River.                               (Unincorporated Areas)
                                      Approximately 70 feet           None       +2,594  Town of Columbus.
                                       downstream of Three
                                       Bridges Drive.
Hughes Creek........................  At the North Carolina/          None         +803  Polk County
                                       South Carolina State                               (Unincorporated
                                       boundary..                                         Areas).
                                      Approximately 270 feet          None         +894
                                       upstream of Landrum
                                       Road (State Road 1520).
Joels Creek.........................  At the confluence with          None       +1,675  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 0.7 mile          None       +1,891  City of Saluda.
                                       upstream of Person
                                       Falls Road (State Road
                                       1102).
Little Creek (into North Pacolet      At the confluence with          None         +893  Polk County
 River).                               North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 300 feet          None       +1,005  Town of Tryon.
                                       upstream of North
                                       Trade Street.
Little Creek (into Vaughn Creek)....  At the confluence with          None         +972  Town of Tryon.
                                       Vaughn Creek.
                                      Approximately 1,020             None       +1,022
                                       feet upstream of
                                       Jervey Road.
Little White Oak Creek..............  At the confluence with          None         +838  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 550 feet          None         +974
                                       upstream of NC Highway
                                       9.
Machine Creek.......................  At the confluence with          None         +827  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 500 feet          None         +848
                                       upstream of U.S.
                                       Highway 74.
Mill Creek (into White Oak Creek)...  At the confluence with          None         +755  Polk County
                                       White Oak Creek.                                   (Unincorporated
                                                                                          Areas).
                                      Approximately 1,250             None         +756
                                       feet upstream of Coxe
                                       Road (State Road 1005).

[[Page 33435]]

 
North Pacolet River.................  At the North Carolina/          None         +837  Polk County
                                       South Carolina State                               (Unincorporated
                                       boundary..                                         Areas).
                                      Approximately 0.5 mile          None       +1,761  Town of Tryon.
                                       upstream of the
                                       confluence of Joels
                                       Creek.
    Tributary 18....................  At the confluence with          None         +917  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                                                                         Town of Tryon.
                                      Approximately 120 feet          None         +924
                                       downstream of Howard
                                       Gap Road (State Road
                                       1122).
    Tributary 20....................  At the confluence with          None         +935  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 300 feet          None         +948
                                       upstream of Baker Road
                                       (State Road 1124).
Ostin Creek.........................  At the confluence with          None         +919  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 200 feet          None       +1,022
                                       upstream of Cow
                                       Crossing Lane.
Rash Creek..........................  At the confluence with          None         +935  Polk County
                                       Brights Creek.                                     (Unincorporated
                                                                                          Areas).
                                      Approximately 750 feet          None         +938
                                       upstream of the
                                       confluence with
                                       Brights Creek.
South Branch Little White Oak Creek.  At the confluence with          None         +876  Polk County
                                       Little White Oak Creek.                            (Unincorporated
                                                                                          Areas).
                                      Approximately 2.3 miles         None         +926
                                       upstream of NC Highway
                                       9.
Vaughn Creek........................  At the confluence with          None         +889  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 630 feet          None         +989  Town of Tryon.
                                       upstream of the
                                       confluence of Little
                                       Creek (into Vaughn
                                       Creek).
    Tributary 1.....................  At the confluence with          None         +904  Town of Tryon.
                                       Vaughn Creek.
                                      Approximately 0.8 mile          None         +973
                                       upstream of Vaughn
                                       Street.
    Tributary 2.....................  At the confluence with          None         +972  Town of Tryon.
                                       Vaughn Creek.
                                      Approximately 850 feet          None         +997
                                       upstream of Jervey
                                       Road.
Walnut Creek........................  At the confluence with          None         +802
                                       Green River.
                                      Approximately 60 feet           None       +1,058
                                       upstream of NC Highway
                                       9.
Wheat Creek.........................  At the confluence with          None         +768  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 500 feet          None         +817
                                       upstream of Ponder
                                       Road (State Road 1329).
White Oak Creek.....................  At the confluence with          None         +743  Polk County
                                       Green River.                                       (Unincorporated
                                                                                          Areas).
                                      Approximately 40 feet           None         +902
                                       downstream of Smith
                                       Dairy Road (State Road
                                       1528).
Wolfe Creek.........................  At the confluence with          None         +842  Polk County
                                       North Pacolet River.                               (Unincorporated
                                                                                          Areas).
                                      Approximately 460 feet          None         +877
                                       upstream of Interstate
                                       Highway 26.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES
City of Saluda
 
Maps are available for inspection at Saluda City Hall, 6 East Main Street, Saluda, North Carolina.
Send comments to The Honorable Lee H. Clippard, Sr., Mayor of the City of Saluda, P.O. Box 248, Saluda, North
 Carolina 28773.
 
Town of Columbus
 
Maps are available for inspection at Columbus Town Hall, 95 Walker Street, Columbus, North Carolina.
Send comments to The Honorable Kathleen McMillian, Mayor of the Town of Columbus, P.O. Box 146, Columbus, North
 Carolina 28722.
Town of Tryon
 
Maps are available for inspection at Tryon City Hall, 301 North Trade Street, Tryon, North Carolina.
Send comments to The Honorable J. Alan Peoples, Mayor of the Town of Tryon, 301 North Trade Street, Tryon, North
 Carolina 28782.
                                       Polk County (Unincorporated Areas)
 
Maps are available for inspection at Polk County Planning Department, 40 Courthouse Street, Columbus, North
 Carolina.
Send comments to Mr. Ryan Whitson, Polk County Manager, P.O. Box 308, Columbus, North Carolina 28722.
----------------------------------------------------------------------------------------------------------------


[[Page 33436]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: June 4, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Federal Emergency Management Agency, Department of Homeland 
Security.
 [FR Doc. E7-11640 Filed 6-15-07; 8:45 am]
BILLING CODE 9110-12-P