Proposed Flood Elevation Determinations, 12695-12697 [E8-4726]

Download as PDF Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧Elevation in meters (MSL) Location of referenced elevation** Effective 12695 Communities affected Modified ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** 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 Belle Haven Maps are available for inspection at P.O. Box 238, Belle Haven, VA 23306. Town of Onancock Maps are available for inspection at 15 North Street, Onancock, VA 23417. Town of Tangier Maps are available for inspection at 4301 Joshua Thomas Lane, Tangier, VA 23440. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: February 20, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–4723 Filed 3–7–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [ Docket No. FEMA–B–7767] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. ebenthall on PRODPC61 with PROPOSALS AGENCY: FOR FURTHER INFORMATION CONTACT: SUMMARY: Comments are requested on the proposed Base (1 percent annualchance) 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 VerDate Aug<31>2005 15:37 Mar 07, 2008 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 June 9, 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–7767, 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. Jkt 214001 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. 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 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 E:\FR\FM\10MRP1.SGM 10MRP1 12696 Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules 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. Flooding source(s) 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** Effective Communities affected Modified Swain County, North Carolina, and Incorporated Areas Adams Creek ........................ Approximately 650 feet upstream of the confluence with Oconaluftee River. Approximately 130 feet upstream of Red Clay Road .. At the confluence with Little Tennessee River ............. None +1874 None None +2233 +1710 None +2556 +2384 +2385 None +3158 Conley Creek ........................ Approximately 1,100 feet upstream of Unahala Creek Road (State Road 1138). Approximately 150 feet upstream of the confluence with Raven Fork. Approximately 0.8 mile upstream of Bunches Creek Road. At the confluence with Tuckasegee River .................... None +1845 None +2113 Cooper Creek ........................ Approximately 1,900 feet upstream of Childers Barn Lane. At the confluence with Tuckasegee River .................... +1795 +1792 None +2057 Deep Creek ........................... Approximately 100 feet upstream of Issac Wiggins Road. At the confluence with Tuckasegee River .................... +1741 +1740 None +1805 Goose Creek ......................... Approximately 150 feet upstream of Access Road to Deep Creek Campgrounds. At the upstream side of Goose Creek Road ................ None +1855 None +1904 Kirkland Creek ...................... Approximately 1,050 feet upstream of Goose Creek Road. At the confluence with Tuckasegee River .................... Approximately 200 feet upstream of Eastside Drive .... At the confluence with Tuckasegee River .................... +1728 None +1754 +1727 +1815 +1751 None +2222 Little Tennessee River .......... Approximately 100 feet upstream of Kirklands Creek Road (State Road 1164). At the North Carolina/Tennessee State boundary ....... None +1088 None +1857 Nantahala River .................... Approximately 150 feet upstream of the Swain/Macon County boundary. At the confluence with Little Tennessee River ............. None +1710 At the Swain/Macon County boundary ......................... Approximately 1.0 mile upstream of the confluence with Raven Fork. Approximately 1.8 miles upstream of the confluence with Raven Fork. Approximately 20 feet upstream of confluence with Raven Fork. Approximately 0.7 mile upstream of the confluence with Raven Fork. None None +1985 +2056 None +2135 None +2257 None +2717 Alarka Creek ......................... Bunches Creek ..................... ebenthall on PRODPC61 with PROPOSALS Jenkins Branch ..................... Oconaluftee River ................. Pigeon Creek ........................ VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 Eastern Band of Cherokee Indians. Unincorporated Areas of Swain County. Eastern Band of Cherokee Indians. Unincorporated Areas of Swain County. Unincorporated Areas of Swain County, Eastern Band of Cherokee Indians. Unincorporated Areas of Swain County, Town of Bryson City. Eastern Band of Cherokee Indians. Town of Bryson City. Unincorporated Areas of Swain County, Town of Bryson City. Unincorporated Areas of Swain County. Unincorporated Areas of Swain County. Unincorporated Areas of Swain County. Eastern Band of Cherokee Indians. Federal Register / Vol. 73, No. 47 / Monday, March 10, 2008 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation** Effective 12697 Communities affected Modified Raven Fork ........................... Approximately 1,650 feet upstream of Big Cove Road None +2638 Shepherd Creek .................... Approximately 0.5 mile upstream of Big Cove Road ... At the confluence with Kirkland Creek ......................... None None +2663 +1844 None +2232 Silvermine Creek ................... Approximately 1.4 miles upstream of the confluence with Kirkland Creek. At the confluence with Nantahala River ....................... None +1724 None +2151 +2454 +2455 None +2558 Toot Hollow Branch .............. Approximately 100 feet upstream of Taylor Road (State Road 1104). Approximately 100 feet upstream of the confluence with Raven Fork. Approximately 1.0 mile upstream of the confluence with Raven Fork. At the confluence with Tuckasegee River .................... +1735 +1734 None +1806 Tuckasegee River ................. Approximately 330 feet upstream of Monteith Road (State Road 1334). At the confluence with Little Tennessee River ............. None +1710 Wesser Creek ....................... At the upstream side of U.S. 74/U.S. 441 ................... At the confluence with Conley Creek ........................... None None +1845 +1984 Approximately 200 feet upstream of Estes Drive ........ At the confluence with Nantahala River ....................... None None +2052 +1711 Just downstream of the confluence of Right Fork Wesser Creek. None +2201 Straight Fork ......................... Wesser Creek (into Nantahala River). Eastern Band of Cherokee Indians. Unincorporated Areas of Swain County. Unincorporated Areas of Swain County. Eastern Band of Cherokee Indians. Unincorporated Areas of Swain County, Town of Bryson City. Unincorporated Areas of Swain County, Eastern Band of Cherokee Indians, Town of Bryson City. Unincorporated Areas of Swain County. Unincorporated Areas of Swain County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Eastern Band of Cherokee Indians Maps are available for inspection at Ginger Lynn Welch Complex, 810 Acquoni Road, Cherokee, NC. Town of Bryson City Maps are available for inspection at Town of Bryson City Manager’s Office, 45 Everett Street, Bryson City, NC. Unincorporated Areas of Swain County Maps are available for inspection at Swain County Mapping Department, 101 Mitchell Street, Bryson City, NC. ebenthall on PRODPC61 with PROPOSALS (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: March 3, 2008. Michael K. Buckley, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–4726 Filed 3–7–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURTIY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–7756] Proposed Flood Elevation Determinations; Correction Federal Emergency Management Agency, DHS. AGENCY: VerDate Aug<31>2005 15:37 Mar 07, 2008 Jkt 214001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 ACTION: Proposed rule; correction. SUMMARY: This document corrects the table to a proposed rule published in the Federal Register of January 16, 2008. This correction clarifies the table representing the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for Pulaski County, Arkansas, and Incorporated Areas; specifically, for flooding sources ‘‘Good Earth Drain, Isom Creek, Kinley Creek, Little Maumelle River, Nowlin Creek, South E:\FR\FM\10MRP1.SGM 10MRP1

Agencies

[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Proposed Rules]
[Pages 12695-12697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4726]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[ Docket No. FEMA-B-7767]

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 June 9, 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-7767, 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

[[Page 12696]]

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.

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
----------------------------------------------------------------------------------------------------------------
Swain County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Adams Creek......................... Approximately 650 feet None +1874 Eastern Band of
upstream of the Cherokee Indians.
confluence with
Oconaluftee River.
Approximately 130 feet None +2233
upstream of Red Clay
Road.
Alarka Creek........................ At the confluence with None +1710 Unincorporated Areas of
Little Tennessee River. Swain County.
Approximately 1,100 None +2556
feet upstream of
Unahala Creek Road
(State Road 1138).
Bunches Creek....................... Approximately 150 feet +2384 +2385 Eastern Band of
upstream of the Cherokee Indians.
confluence with Raven
Fork.
Approximately 0.8 mile None +3158
upstream of Bunches
Creek Road.
Conley Creek........................ At the confluence with None +1845 Unincorporated Areas of
Tuckasegee River. Swain County.
Approximately 1,900 None +2113
feet upstream of
Childers Barn Lane.
Cooper Creek........................ At the confluence with +1795 +1792 Unincorporated Areas of
Tuckasegee River. Swain County, Eastern
Band of Cherokee
Indians.
Approximately 100 feet None +2057
upstream of Issac
Wiggins Road.
Deep Creek.......................... At the confluence with +1741 +1740 Unincorporated Areas of
Tuckasegee River. Swain County, Town of
Bryson City.
Approximately 150 feet None +1805
upstream of Access
Road to Deep Creek
Campgrounds.
Goose Creek......................... At the upstream side of None +1855 Eastern Band of
Goose Creek Road. Cherokee Indians.
Approximately 1,050 None +1904
feet upstream of Goose
Creek Road.
Jenkins Branch...................... At the confluence with +1728 +1727 Town of Bryson City.
Tuckasegee River.
Approximately 200 feet None +1815
upstream of Eastside
Drive.
Kirkland Creek...................... At the confluence with +1754 +1751 Unincorporated Areas of
Tuckasegee River. Swain County, Town of
Bryson City.
Approximately 100 feet None +2222
upstream of Kirklands
Creek Road (State Road
1164).
Little Tennessee River.............. At the North Carolina/ None +1088 Unincorporated Areas of
Tennessee State Swain County.
boundary.
Approximately 150 feet None +1857
upstream of the Swain/
Macon County boundary.
Nantahala River..................... At the confluence with None +1710 Unincorporated Areas of
Little Tennessee River. Swain County.
At the Swain/Macon None +1985
County boundary.
Oconaluftee River................... Approximately 1.0 mile None +2056 Unincorporated Areas of
upstream of the Swain County.
confluence with Raven
Fork.
Approximately 1.8 miles None +2135
upstream of the
confluence with Raven
Fork.
Pigeon Creek........................ Approximately 20 feet None +2257 Eastern Band of
upstream of confluence Cherokee Indians.
with Raven Fork.
Approximately 0.7 mile None +2717
upstream of the
confluence with Raven
Fork.

[[Page 12697]]

Raven Fork.......................... Approximately 1,650 None +2638 Eastern Band of
feet upstream of Big Cherokee Indians.
Cove Road.
Approximately 0.5 mile None +2663
upstream of Big Cove
Road.
Shepherd Creek...................... At the confluence with None +1844 Unincorporated Areas of
Kirkland Creek. Swain County.
Approximately 1.4 miles None +2232
upstream of the
confluence with
Kirkland Creek.
Silvermine Creek.................... At the confluence with None +1724 Unincorporated Areas of
Nantahala River. Swain County.
Approximately 100 feet None +2151
upstream of Taylor
Road (State Road 1104).
Straight Fork....................... Approximately 100 feet +2454 +2455 Eastern Band of
upstream of the Cherokee Indians.
confluence with Raven
Fork.
Approximately 1.0 mile None +2558
upstream of the
confluence with Raven
Fork.
Toot Hollow Branch.................. At the confluence with +1735 +1734 Unincorporated Areas of
Tuckasegee River. Swain County, Town of
Bryson City.
Approximately 330 feet None +1806
upstream of Monteith
Road (State Road 1334).
Tuckasegee River.................... At the confluence with None +1710 Unincorporated Areas of
Little Tennessee River. Swain County, Eastern
Band of Cherokee
Indians, Town of
Bryson City.
At the upstream side of None +1845
U.S. 74/U.S. 441.
Wesser Creek........................ At the confluence with None +1984 Unincorporated Areas of
Conley Creek. Swain County.
Approximately 200 feet None +2052
upstream of Estes
Drive.
Wesser Creek (into Nantahala River). At the confluence with None +1711 Unincorporated Areas of
Nantahala River. Swain County.
Just downstream of the None +2201
confluence of Right
Fork Wesser Creek.
----------------------------------------------------------------------------------------------------------------
* 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

Eastern Band of Cherokee Indians
Maps are available for inspection at Ginger Lynn Welch Complex, 810 Acquoni Road, Cherokee, NC.

Town of Bryson City
Maps are available for inspection at Town of Bryson City Manager's Office, 45 Everett Street, Bryson City, NC.

Unincorporated Areas of Swain County
Maps are available for inspection at Swain County Mapping Department, 101 Mitchell Street, Bryson City, NC.
----------------------------------------------------------------------------------------------------------------

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

Dated: March 3, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-4726 Filed 3-7-08; 8:45 am]
BILLING CODE 9110-12-P

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