Proposed Flood Elevation Determinations, 52234-52235 [E8-20823]
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52234
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Proposed Rules
Flooding source(s)
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced elevation
Effective
Communities
affected
Modified
Bristol County, Massachusetts (All Jurisdictions)
Buzzards Bay ........................
Approximately 1,650 feet East of intersection of River
Road and Redwing Lane.
+13
+24
Approximately 875 feet South from end of Club
House Drive.
+31
+24
Dated: August 26, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. E8–20821 Filed 9–8–08; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–7786]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; correction.
AGENCY:
SUMMARY: On June 20, 2008, FEMA
published in the Federal Register a
proposed rule that contained an
erroneous table. This notice provides
corrections to that table, to be used in
lieu of the information published at 73
FR 35114. The table provided here
represents the flooding source, location
Flooding source(s)
of referenced elevation, effective and
modified elevation, and communities
affected for Plymouth County,
Massachusetts (All Jurisdictions).
Specifically, it addresses flooding
source ‘‘Atlantic Ocean.’’
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) publishes proposed
determinations of Base (1% annualchance) Flood Elevations (BFEs) and
modified BFEs for communities
participating in the National Flood
Insurance Program (NFIP), in
accordance with section 110 of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and 44 CFR 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.
Correction
In the proposed rule published at 73
FR 35114, in the June 20, 2008 issue of
the Federal Register, FEMA published a
table under the authority of 44 CFR
67.4. The table, entitled ‘‘Plymouth
County, Massachusetts and Incorporated
Areas’’ addressed flooding source
‘‘Atlantic Ocean.’’ That table contained
inaccurate information as to the location
of referenced elevation, effective and
modified elevation in feet, or
communities affected for these flooding
sources. In this notice, FEMA is
publishing a table containing the
accurate information, to address these
prior errors. The information provided
below should be used in lieu of that
previously published.
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced elevation
Town of Dartmouth, City of
New Bedford, Town of
Fairhaven, Town of
Westport.
Effective
Communities
affected
Modified
Plymouth County, Massachusetts (All Jurisdictions)
yshivers on PROD1PC62 with PROPOSALS
Atlantic Ocean .......................
15:24 Sep 08, 2008
+17
+19
Approximately 210 feet southeast of intersection of
Highland Avenue and Mount Pleasant Way.
VerDate Aug<31>2005
Approximately 150 feet south of intersection of Brant
Beach Avenue and Ocean View Avenue.
+9
+33
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09SEP1
Town of Hingham, Town of
Hull, Town of Marion,
Town of Mattapoisett
and Town of Wareham.
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Proposed Rules
Dated: August 26, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. E8–20823 Filed 9–8–08; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Larry Crist, Field Supervisor, U.S. Fish
and Wildlife Service, Utah Ecological
Services Office (see ADDRESSES section).
If you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–12–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R6–ES–2008–0023; 1111 FY07 MO–
B2]
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To List the Bonneville
Cutthroat Trout as Threatened or
Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of a 12-month petition
finding.
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce our
12-month finding on a petition to list
the Bonneville cutthroat trout
(Oncorhynchus clarkii utah) as a
threatened subspecies throughout its
range in the United States, pursuant to
the Endangered Species Act of 1973, as
amended (Act). After a thorough review
of all available scientific and
commercial information, we find that
listing the Bonneville cutthroat trout as
either threatened or endangered is not
warranted at this time. We ask the
public to continue to submit to us any
new information that becomes available
concerning the status of or threats to the
subspecies. This information will help
us to monitor and encourage the
conservation of the subspecies.
DATES: The finding in this document
was made on September 9, 2008.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov. Supporting
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
and Wildlife Service, Utah Ecological
Services Office, 2369 West Orton Circle,
Suite 50, West Valley City, Utah 84119;
telephone (801) 975–3330. Please
submit any new information, materials,
comments, or questions concerning this
finding to the above address or via
electronic mail (e-mail) at
paul_abate@fws.gov.
VerDate Aug<31>2005
15:24 Sep 08, 2008
Jkt 214001
Background
Section 4(b)(3)(B) of the Endangered
Species Act of 1973, as amended (Act)
(16 U.S.C. 1531 et seq.), requires that,
for any petition to revise the List of
Endangered and Threatened Species
that contains substantial scientific and
commercial information that listing may
be warranted, we make a finding within
12 months of the date of receipt of the
petition on whether the petitioned
action is: (a) Not warranted, (b)
warranted, or (c) warranted but the
immediate proposal of a regulation
implementing the petitioned action is
precluded by other pending proposals to
determine whether species are
threatened or endangered, and
expeditious progress is being made to
add or remove qualified species from
the List of Endangered and Threatened
Species. Section 4(b)(3)(C) of the Act
requires that a petition for which the
requested action is found to be
warranted but precluded be treated as
though resubmitted on the date of such
finding, that is, requiring a subsequent
finding to be made within 12 months.
Such 12-month findings must be
published in the Federal Register.
Previous Federal Actions
On February 26, 1998, we received a
petition, dated February 5, 1998, from
the Biodiversity Legal Foundation
requesting that the Service list the
Bonneville cutthroat trout
(Oncorhynchus clarkii utah) (BCT) as
threatened in U.S. river and lake
ecosystems where it continues to exist,
and to designate its occupied habitat as
critical habitat within a reasonable
period of time following the listing. On
December 8, 1998, we published a 90day petition finding for the BCT in the
Federal Register (63 FR 67640). We
found that the petition presented
substantial information indicating that
the subspecies may be warranted for
listing under the Act, and initiated a
review of the subspecies’ status within
its historic range.
In the 1998 90-day finding, we
solicited additional data, comments,
and suggestions from the public, other
governmental agencies, the scientific
community, industry, and other
interested parties concerning the status
of the BCT throughout its range. The
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52235
comment period for submission of
additional information ended on
January 7, 1999, but was reopened (64
FR 2167) during January 13 through
February 12, 1999. We published a 12month finding in the Federal Register
on October 9, 2001 (66 FR 51362), and
documented that the BCT was not
warranted for listing under the Act
because it was neither endangered nor
likely to become endangered within the
foreseeable future throughout all or a
significant portion of its range.
On February 17, 2005, we were sued
by the Center for Biological Diversity,
and others, on the merits of the 12month finding. On March 7, 2007, the
District Court of Colorado dismissed the
lawsuit after determining that Plaintiffs
failed to demonstrate the not warranted
finding was arbitrary, capricious, or
contrary to law. The Plaintiffs appealed
to the 10th Circuit Court of Appeals on
May 4, 2007.
On March 16, 2007, in the interim
between the lawsuit dismissal and
appeal, the Solicitor of the Department
of the Interior issued a formal opinion
regarding the legal interpretation of the
term ‘‘significant portion of the range’’
of a species (DOI 2007). The opinion
provides guidance on analysis intended
to determine whether a species is in
danger of extinction throughout a
significant portion of its range when it
is not in danger of extinction throughout
its entire current range. Because this
opinion was pertinent to the BCT
decision, we withdrew the 2001 12month finding for BCT (USFWS 2007,
entire), and initiated a new status
review to include significant portion of
the range analysis. We published a
notice in the Federal Register (73 FR
7236) announcing the opening of a
comment period from February 7
through April 7, 2008. The notice
specified that the new status review
would include consideration and
analysis of all information previously
submitted, and any new information
provided regarding the status of the
BCT.
Species Biology
The BCT is native to the Bonneville
basin, and is 1 of 14 subspecies of
cutthroat trout recognized by Behnke
(1992, pp. 3–21, 132–138) that are
native to interior regions of western
North America. BCT generally have
large, evenly distributed spots, but a
high degree of intra-basin variation
exists. BCT tend to develop large,
pronounced spots that are evenly
distributed on the sides of the body
rather than concentrated posteriorly as
in the Yellowstone cutthroat trout
(Oncorhynchus clarkii bouveri)
E:\FR\FM\09SEP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Proposed Rules]
[Pages 52234-52235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20823]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-B-7786]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: On June 20, 2008, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. This notice provides
corrections to that table, to be used in lieu of the information
published at 73 FR 35114. The table provided here represents the
flooding source, location of referenced elevation, effective and
modified elevation, and communities affected for Plymouth County,
Massachusetts (All Jurisdictions). Specifically, it addresses flooding
source ``Atlantic Ocean.''
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) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 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.
Correction
In the proposed rule published at 73 FR 35114, in the June 20, 2008
issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``Plymouth County,
Massachusetts and Incorporated Areas'' addressed flooding source
``Atlantic Ocean.'' That table contained inaccurate information as to
the location of referenced elevation, effective and modified elevation
in feet, or communities affected for these flooding sources. In this
notice, FEMA is publishing a table containing the accurate information,
to address these prior errors. The information provided below should be
used in lieu of that previously published.
----------------------------------------------------------------------------------------------------------------
* Elevation in feet
(NGVD) + Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation ground
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Plymouth County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean...................... Approximately 150 feet +17 +19 Town of Hingham, Town
south of intersection of Hull, Town of
of Brant Beach Avenue Marion, Town of
and Ocean View Avenue. Mattapoisett and Town
of Wareham.
Approximately 210 feet +9 +33
southeast of
intersection of
Highland Avenue and
Mount Pleasant Way.
----------------------------------------------------------------------------------------------------------------
[[Page 52235]]
Dated: August 26, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-20823 Filed 9-8-08; 8:45 am]
BILLING CODE 9110-12-P
