Changes in Flood Elevation Determinations, 54321-54324 [E8-21685]
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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations
Federalism (Executive Order 13132)
In accordance with Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
This regulation will not have a
substantial direct effect on the states, or
on the distribution of power and
responsibilities among the various
levels of government. The rule
addresses dog walking in two areas of
the Golden Gate National Recreation
Area. The affected lands are under the
administrative jurisdiction of the
National Park Service.
Civil Justice Reform (Executive Order
12988)
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
This regulation does not require an
information collection from 10 or more
parties and a submission under the
Paperwork Reduction Act is not
required. An OMB form 83–I is not
required.
yshivers on PROD1PC62 with RULES
National Environmental Policy Act
The Handbook for NPS Director’s
Order 12 contains a listing of
Categorical Exclusions. Section 3.4 D(2)
of the Director’s Order 12 Handbook
provides that ‘‘minor changes in
programs and regulations pertaining to
visitor activities’’ may be categorically
excluded under NEPA. The proposed
regulations for Ocean Beach and Crissy
Field are actions that would result in
minor changes to regulated visitor
activities in these areas (transitioning
seasonally from unleashed to leashed
dog recreation). GGNRA has prepared
all the appropriate Categorical
Exclusion screening forms. These forms
disclose that the adoption of these
regulations would result in no
measurable adverse environmental
effects. Furthermore, no exceptional
circumstances or conditions exist that
would make use of a Categorical
Exclusion inappropriate. As such, a
Categorical Exclusion under NEPA is
the appropriate form of NEPA
compliance for these regulatory actions.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government to Government Relations
with Native American Tribal
Governments’’ (59 FR 22951) and 512
DM 2, we have evaluated potential
effects on federally recognized Indian
tribes and have determined that there
are no potential effects.
VerDate Aug<31>2005
15:21 Sep 18, 2008
Jkt 214001
Clarity of Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
Drafting Information: The primary
authors of this rule are: Marybeth
McFarland, Law Enforcement Specialist;
Christine Powell, Public Affairs
Specialist, Shirwin Smith, Management
Analyst, Barbara Goodyear, Solicitor,
PWRO; and Jerry Case, Regulations
Program Manager, NPS, Washington,
DC.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and
recordkeeping requirements.
■ For the reasons stated in the preamble,
the National Park Service amends 36
CFR part 7 as follows:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority for part 7 continues
to read as follows:
■
Authority: 16 U.S.C. 1, 3, 9a, 460(q),
462(k); Sec. 7.96 also issued under D.C. Code
8–137 (1981) and D.C. Code 40–721 (1981).
2. Add new paragraph (d) to § 7.97 to
read as follows:
■
§ 7.97
Area.
Golden Gate National Recreation
*
*
*
*
*
(d) Dogs—Crissy Field and Ocean
Beach Snowy Plover Areas. (1) Dogs
must be restrained on a leash not more
than six feet in length starting July 1 and
ending May 15, in the following areas:
(i) Crissy Field Wildlife Protection
Area (WPA): Dog walking restricted to
on-leash only in the area encompassing
the shoreline and beach north of the
Crissy Field Promenade (excluding the
paved parking area, sidewalks and grass
lawn of the former Coast Guard Station
complex) that stretches east from the
Torpedo Wharf to approximately 700
feet east of the former Coast Guard
station, and all tidelands and submerged
lands to 100 yards offshore.
(ii) Ocean Beach Snowy Plover
Protection Area (SPPA): Dog walking
restricted to on-leash only in the area
which encompasses the shoreline and
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54321
beach area west of the GGNRA
boundary, between Stairwell 21 to Sloat
Boulevard, including all tidelands and
submerged lands to 1,000 feet offshore.
(2) Notice of these annual restrictions
will be provided through the posting of
signs at the sites, on maps identifying
the restricted areas on the park’s official
website and through maps made
available at other places convenient to
the public.
Dated: September 5, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. E8–21943 Filed 9–18–08; 8:45 am]
BILLING CODE 4312–FN–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Branch, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Mitigation Division
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54322
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations
Director of FEMA resolved any appeals
resulting from this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified
BFEs determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These 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
State and county
Alabama: Madison
(FEMA Docket
No.: B–7788).
Arizona:
Coconino
(FEMA Docket No.: B–
7785).
Yavapai (FEMA
Docket No.:
B–7785).
Yavapai (FEMA
Docket No.:
B–7785).
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Colorado:
Jefferson
(FEMA Docket No.: B–
7780).
Jefferson
(FEMA Docket No.: B–
7780).
Connecticut: New
Haven (FEMA
Docket No.: B–
7785).
Hawaii:
Hawaii (FEMA
Docket No.:
B–7780).
Maui (FEMA
Docket No.:
B–7797).
Illinois: DuPage
(FEMA Docket
No.: B–7780).
VerDate Aug<31>2005
Location and case
No.
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 modified BFEs 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. The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This final rule involves no policies that
have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is
amended to read as follows:
■
PART 65—[AMENDED]
1. The authority citation for part 65
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
■
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
City of Huntsville
(08–04–1223P).
May 2, 2008; May 9, 2008;
Madison County Record.
The Honorable Loretta Spencer, Mayor,
City of Huntsville, 308 Fountain Circle,
Huntsville, AL 35801.
April 29, 2008 .................
010153
Unincorporated
areas of Coconino
County (07–09–
1875P).
Town of Prescott
Valley (07–09–
1655P).
Unincorporated
areas of Yavapai
County (07–09–
1655P).
April 23, 2008; April 30, 2008;
Arizona Daily Sun.
The Honorable Deb Hill, Chairman,
Coconino County Board of Supervisors,
219 East Cherry Avenue, Flagstaff, AZ
86001.
The Honorable Harvey C. Skoog, Mayor,
Town of Prescott Valley, 7501 East
Civic Circle, Prescott Valley, AZ 86314.
The Honorable Chip Davis, Chairman,
Yavapai County Board of Supervisors,
1015 Fair Street, Prescott, AZ 86305.
April 15, 2008 .................
040019
April 14, 2008 .................
040121
April 14, 2008 .................
040093
City of Lakewood
(08–08–0276P).
April 10, 2008; April 17, 2008;
The Golden Transcript.
The Honorable Bob Murphy, Mayor, City
of Lakewood, 480 South Allison Parkway, Lakewood, CO 80226–3127.
August 18, 2008 .............
085075
City of Wheat Ridge
(08–08–0276P).
April 10, 2008; April 17, 2008;
The Golden Transcript.
The Honorable Jerry DiTullio, Mayor, City
of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, CO 80033.
August 18, 2008 .............
085079
City of New Haven
(07–01–1096P).
April 24, 2008; May 1, 2008;
New Haven Register.
The Honorable John DeStefano, Jr.,
Mayor, City of New Haven, 165 Church
Street, New Haven, CT 06510.
April 17, 2008 .................
090084
Unincorporated
areas of Hawaii
County (08–09–
0081P).
Unincorporated
areas of Maui
County (07–09–
1848P).
Village of Glen Ellyn
(08–05–1365P).
April 3, 2008; April 10, 2008;
Hawaii Tribune-Herald.
The Honorable Harry Kim, Mayor, Hawaii
County, 25 Aupuni Street, Room 215,
Hilo, HI 96720.
August 8, 2008 ...............
155166
February 21, 2008; February
28, 2008; Maui News.
The Honorable Charmaine Tavares,
Mayor, Maui County, 200 South High
Street, Wailuku, HI 96793.
February 12, 2008 ..........
150003
April 11, 2008; April 18, 2008;
Wheaton Sun.
The Honorable Gregory S. Mathews,
President, Village of Glen Ellyn, 535
Duane Street, Glen Ellyn, IL 60137.
August 18, 2008 .............
170207
15:21 Sep 18, 2008
April 21, 2008; April 28, 2008;
Prescott Daily Courier.
April 21, 2008; April 28, 2008;
Prescott Daily Courier.
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Community
No.
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations
State and county
Massachusetts:
Barnstable (FEMA
Docket No.: B–
7780).
Minnesota:
Olmsted (FEMA
Docket No.:
B–7785).
Olmsted (FEMA
Docket No.:
B–7785).
Sherburne
(FEMA Docket No.: B–
7788).
Missouri:
Cass (FEMA
Docket No.:
B–7776).
Jackson (FEMA
Docket No.:
B–7780).
Ohio:
Franklin (FEMA
Docket No.:
B–7788).
Franklin (FEMA
Docket No.:
B–7788).
Warren (FEMA
Docket No.:
B–7785).
Texas:
Bexar (FEMA
Docket No.:
B–7788).
Collin (FEMA
Docket No.:
B–7780).
Denton (FEMA
Docket No.:
B–7785).
Parker (FEMA
Docket No.:
B–7789).
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Tarrant (FEMA
Docket No.:
B–7780).
Travis (FEMA
Docket No.:
B–7780).
VerDate Aug<31>2005
Location and case
No.
54323
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Town of Falmouth
(07–01–1083P).
April 3, 2008; April 10, 2008;
Cape Cod Times.
The Honorable Kevin E. Murphy, Chairman, Board of Selectmen, 59 Town
Hall Square, Falmouth, MA 02540.
August 8, 2008 ...............
255211
Unincorporated
areas of Olmsted
Count (07–05–
4071P).
City of Rochester
(07–05–4071P).
April 10, 2008; April 17, 2008;
Post Bulletin.
August 18, 2008 .............
270626
August 18, 2008 .............
275246
City of Elk River
(08–05–0592P).
April 16, 2008; April 23, 2008;
Star News.
The Honorable Ken Brown, Commissioner, Olmsted County Board of Commissioners, 151 Fourth Street Southeast, Rochester, MN 55904.
The Honorable Ardell F. Brede, Mayor,
City of Rochester, 201 Fourth Street
Southeast, Room 281, Rochester, MN
55904.
The Honorable Stephanie Klinzing,
Mayor, City of Elk River, 13065 Orono
Parkway, Elk River, MN 55330.
August 15, 2008 .............
270436
City of Harrisonville
(07–07–1674P).
March 28, 2008; April 4, 2008;
Democrat Missourian.
August 4, 2008 ...............
290068
City of Grain Valley
(07–07–1749P).
April 7, 2008; April 14, 2008;
The Blue Springs Examiner.
The Honorable Kevin W. Wood, Mayor,
City of Harrisonville, 300 East Pearl
Street, Harrisonville, MO 64701.
The Honorable David Halphin, Mayor,
City of Grain Valley, 711 Main Street,
Grain Valley, MO 64029.
August 14, 2008 .............
290737
City of Columbus
(07–05–1194P).
April 10, 2008; April 17, 2008;
Columbus Dispatch.
August 18, 2008 .............
390170
Unincorporated
areas of Franklin
County (07–05–
1194P).
Village of Monroe
(07–05–2593P).
April 10, 2008; April 17, 2008;
Columbus Dispatch.
The Honorable Michael B. Coleman,
Mayor, City of Columbus, 90 West
Broad Street, Columbus, OH 43215.
The Honorable Marilyn Brown, President,
Franklin County, Board of Commissioners, 373 South High Street, 26th
Floor, Columbus, OH 43215.
The Honorable Robert Routson, Mayor,
City of Monroe, P.O. Box 330, Monroe,
OH 45050–0330.
August 18, 2008 .............
390167
August 18, 2008 .............
390042
City of San Antonio
(08–06–0040P).
May 5, 2008; May 12, 2008;
San Antonio Express-News.
April 28, 2008 .................
480045
Town of Prosper
(08–06–0164P).
April 3, 2008; April 10, 2008;
Allen American.
August 8, 2008 ...............
480141
City of Roanoke
(07–06–2276P).
May 1, 2008; May 8, 2008;
Denton County Chronicle.
April 28, 2008 .................
480785
Unincorporated
areas of Parker
County (08–06–
0872P).
City of Keller (08–
06–0002P).
May 7, 2008; May 14, 2008;
Weatherford Democrat.
The Honorable Phil Hardberger, Mayor,
City of San Antonio, P.O. Box 839966,
San Antonio, TX 78283.
The Honorable Charles Niswanger,
Mayor, Town of Prosper, P.O. Box 307,
Prosper, TX 75078.
The Honorable Carl E. Gierisch, Jr.,
Mayor, City of Roanoke, 108 South
Oak Street, Roanoke, TX 76262.
The Honorable Mark Riley, Parker County
Judge, One Courthouse Square,
Weatherford, TX 76086.
April 29, 2008 .................
480520
August 4, 2008 ...............
480602
Unincorporated
areas of Travis
County (07–06–
1238P).
April 3, 2008; April 10, 2008;
Austin American-Statesman.
August 8, 2008 ...............
481026
15:21 Sep 18, 2008
April 10, 2008; April 17, 2008;
Post Bulletin.
April 10, 2008; April 17, 2008;
Pulse Journal.
March 28, 2008; April 4, 2008;
Keller Citizen.
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The Honorable Pat McGrail, Mayor, City
of Keller, P.O. Box 770, Keller, TX
76244.
The Honorable Samuel T. Biscoe, Travis
County Judge, 314 West 11th Street,
Suite 520, Austin, TX 78701.
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54324
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations
(Catalog of Federal Domestic Assistance
No. 97.022, ‘‘Flood Insurance.’’)
Dated: September 4, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. E8–21685 Filed 9–18–08; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[WT Docket Nos. 03–66, 03–67, 02–68, IB
Docket No. 02–364, ET Docket No. 00–258;
FCC 08–83]
Facilitating the Provision of Fixed and
Mobile Broadband Access,
Educational and Other Advanced
Services in the 2150–2162 and 2500–
2690 MHz Bands; Reviewing of the
Spectrum Sharing Plan Among NonGeostationary Satellite Orbit Mobile
Satellite Service Systems in the 1.6/2.4
GHz Bands
yshivers on PROD1PC62 with RULES
15:21 Sep 18, 2008
Jkt 214001
BILLING CODE 6712–01–P
47 CFR Part 73
On September 8, 2008, the
Office of Management and Budget
(OMB) approved the information
collection requirements contained in
§ 27.1221(f) pursuant to OMB Control
No. 3060–1094. The BRS/EBS Fourth
Memorandum Opinion and Order,
released on March 20, 2008 (FCC 08–83)
and published in the Federal Register
on May 8, 2008, 73 FR 26032, stated that
the revision to 47 CFR 27.1221(f) will be
effective upon OMB approval. This
document announces the effective date
of that published rule. Accordingly, the
information collection requirements
contained in that rule became effective
on September 8, 2008.
DATES: The revision to § 27.1221(f)
published at 73 FR 26032, May 8, 2008,
will become effective on September 19,
2008.
FOR FURTHER INFORMATION CONTACT: John
Schauble, Deputy Chief, Broadband
Division, Wireless Telecommunications
Bureau, Federal Communications
Commission at (202) 418–0797.
SUPPLEMENTARY INFORMATION: In the
BRS/EBS Fourth Memorandum Opinion
and Order, released on March 20, 2008
(FCC 08–83) and published in the
Federal Register on May 8, 2008, 73 FR
26032, the Commission revised its rules
and policies governing the licensing of
VerDate Aug<31>2005
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–21997 Filed 9–18–08; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
SUMMARY:
the Educational Broadband Service
(EBS) and the Broadband Radio Service
(BRS) in the 2495–2690 MHz (2.5 GHz)
band). The Commission required
licensees to provide the geographic
coordinates, the height above ground
level of the center of radiation for each
transmit and receive antenna, and the
date transmissions commenced for each
of the base stations in its geographic
service area (GSA) within 30 days of
receipt of a request from a co-channel,
neighboring BRS/EBS licensee. This
information will be used to prevent
harmful interference to licensees’ BRS/
EBS operations. This interference
protection requirement is a revision to
the previously approved information
collection OMB 3060–1094, and
implements § 27.1221(f) of the
Commission’s rules as published in the
Federal Register on May 8, 2008.
[DA 08–2031; MB Docket No. 08–106; RM–
11447]
Television Broadcasting Services;
Castle Rock, Colorado
Federal Communications
Commission.
ACTION: Final rule.
Word 97, and/or Adobe Acrobat.) This
document may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–478–3160 or via e-mail https://
www.BCPIWEB.com. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
AGENCY:
SUMMARY: The Commission grants a
petition for rulemaking filed by LeSEA
Broadcasting of Denver, Inc., licensee of
KWHD–DT, to substitute DTV channel
45 for DTV channel 46 at Castle Rock,
Colorado.
DATES: The channel substitution is
effective October 20, 2008.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, (202)
418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 08–106,
adopted September 2, 2008, and
released September 3, 2008. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street, SW.,
Washington, DC 20554. This document
will also be available via ECFS (https://
www.fcc.gov/cgb/ecfs/). (Documents
will be available electronically in ASCII,
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For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
■
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Colorado, is amended by adding
channel 45 and removing channel 46 at
Castle Rock.
■
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E8–21999 Filed 9–18–08; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Rules and Regulations]
[Pages 54321-54324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21685]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are
finalized for the communities listed below. These modified BFEs will be
used to calculate flood insurance premium rates for new buildings and
their contents.
DATES: The effective dates for these modified BFEs are indicated on the
following table and revise the Flood Insurance Rate Maps (FIRMs) in
effect for the listed communities prior to this date.
ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3151.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Mitigation Division
[[Page 54322]]
Director of FEMA resolved any appeals resulting from this notification.
The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFEs determinations are
available for inspection.
The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
These 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 modified BFEs 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. The
changes in BFEs are in accordance with 44 CFR 65.4.
National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping
requirements.
0
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65--[AMENDED]
0
1. The authority citation for part 65 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. 65.4 [Amended]
0
2. The tables published under the authority of Sec. 65.4 are amended
as follows:
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Date and name of
State and county Location and case No. newspaper where Chief executive officer Effective date of modification Community
notice was published of community No.
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Alabama: Madison (FEMA Docket No.: City of Huntsville May 2, 2008; May 9, The Honorable Loretta April 29, 2008................. 010153
B-7788). (08-04-1223P). 2008; Madison Spencer, Mayor, City of
County Record. Huntsville, 308 Fountain
Circle, Huntsville, AL
35801.
Arizona:
Coconino (FEMA Docket No.: B- Unincorporated areas April 23, 2008; The Honorable Deb Hill, April 15, 2008................. 040019
7785). of Coconino County April 30, 2008; Chairman, Coconino
(07-09-1875P). Arizona Daily Sun. County Board of
Supervisors, 219 East
Cherry Avenue,
Flagstaff, AZ 86001.
Yavapai (FEMA Docket No.: B- Town of Prescott April 21, 2008; The Honorable Harvey C. April 14, 2008................. 040121
7785). Valley (07-09-1655P). April 28, 2008; Skoog, Mayor, Town of
Prescott Daily Prescott Valley, 7501
Courier. East Civic Circle,
Prescott Valley, AZ
86314.
Yavapai (FEMA Docket No.: B- Unincorporated areas April 21, 2008; The Honorable Chip Davis, April 14, 2008................. 040093
7785). of Yavapai County April 28, 2008; Chairman, Yavapai County
(07-09-1655P). Prescott Daily Board of Supervisors,
Courier. 1015 Fair Street,
Prescott, AZ 86305.
Colorado:
Jefferson (FEMA Docket No.: B- City of Lakewood (08- April 10, 2008; The Honorable Bob Murphy, August 18, 2008................ 085075
7780). 08-0276P). April 17, 2008; The Mayor, City of Lakewood,
Golden Transcript. 480 South Allison
Parkway, Lakewood, CO
80226-3127.
Jefferson (FEMA Docket No.: B- City of Wheat Ridge April 10, 2008; The Honorable Jerry August 18, 2008................ 085079
7780). (08-08-0276P). April 17, 2008; The DiTullio, Mayor, City of
Golden Transcript. Wheat Ridge, 7500 West
29th Avenue, Wheat
Ridge, CO 80033.
Connecticut: New Haven (FEMA City of New Haven (07- April 24, 2008; May The Honorable John April 17, 2008................. 090084
Docket No.: B-7785). 01-1096P). 1, 2008; New Haven DeStefano, Jr., Mayor,
Register. City of New Haven, 165
Church Street, New
Haven, CT 06510.
Hawaii:
Hawaii (FEMA Docket No.: B- Unincorporated areas April 3, 2008; April The Honorable Harry Kim, August 8, 2008................. 155166
7780). of Hawaii County (08- 10, 2008; Hawaii Mayor, Hawaii County, 25
09-0081P). Tribune-Herald. Aupuni Street, Room 215,
Hilo, HI 96720.
Maui (FEMA Docket No.: B-7797) Unincorporated areas February 21, 2008; The Honorable Charmaine February 12, 2008.............. 150003
of Maui County (07- February 28, 2008; Tavares, Mayor, Maui
09-1848P). Maui News. County, 200 South High
Street, Wailuku, HI
96793.
Illinois: DuPage (FEMA Docket No.: Village of Glen Ellyn April 11, 2008; The Honorable Gregory S. August 18, 2008................ 170207
B-7780). (08-05-1365P). April 18, 2008; Mathews, President,
Wheaton Sun. Village of Glen Ellyn,
535 Duane Street, Glen
Ellyn, IL 60137.
[[Page 54323]]
Massachusetts: Barnstable (FEMA Town of Falmouth (07- April 3, 2008; April The Honorable Kevin E. August 8, 2008................. 255211
Docket No.: B-7780). 01-1083P). 10, 2008; Cape Cod Murphy, Chairman, Board
Times. of Selectmen, 59 Town
Hall Square, Falmouth,
MA 02540.
Minnesota:
Olmsted (FEMA Docket No.: B- Unincorporated areas April 10, 2008; The Honorable Ken Brown, August 18, 2008................ 270626
7785). of Olmsted Count (07- April 17, 2008; Commissioner, Olmsted
05-4071P). Post Bulletin. County Board of
Commissioners, 151
Fourth Street Southeast,
Rochester, MN 55904.
Olmsted (FEMA Docket No.: B- City of Rochester (07- April 10, 2008; The Honorable Ardell F. August 18, 2008................ 275246
7785). 05-4071P). April 17, 2008; Brede, Mayor, City of
Post Bulletin. Rochester, 201 Fourth
Street Southeast, Room
281, Rochester, MN 55904.
Sherburne (FEMA Docket No.: B- City of Elk River (08- April 16, 2008; The Honorable Stephanie August 15, 2008................ 270436
7788). 05-0592P). April 23, 2008; Klinzing, Mayor, City of
Star News. Elk River, 13065 Orono
Parkway, Elk River, MN
55330.
Missouri:
Cass (FEMA Docket No.: B-7776) City of Harrisonville March 28, 2008; The Honorable Kevin W. August 4, 2008................. 290068
(07-07-1674P). April 4, 2008; Wood, Mayor, City of
Democrat Missourian. Harrisonville, 300 East
Pearl Street,
Harrisonville, MO 64701.
Jackson (FEMA Docket No.: B- City of Grain Valley April 7, 2008; April The Honorable David August 14, 2008................ 290737
7780). (07-07-1749P). 14, 2008; The Blue Halphin, Mayor, City of
Springs Examiner. Grain Valley, 711 Main
Street, Grain Valley, MO
64029.
Ohio:
Franklin (FEMA Docket No.: B- City of Columbus (07- April 10, 2008; The Honorable Michael B. August 18, 2008................ 390170
7788). 05-1194P). April 17, 2008; Coleman, Mayor, City of
Columbus Dispatch. Columbus, 90 West Broad
Street, Columbus, OH
43215.
Franklin (FEMA Docket No.: B- Unincorporated areas April 10, 2008; The Honorable Marilyn August 18, 2008................ 390167
7788). of Franklin County April 17, 2008; Brown, President,
(07-05-1194P). Columbus Dispatch. Franklin County, Board
of Commissioners, 373
South High Street, 26th
Floor, Columbus, OH
43215.
Warren (FEMA Docket No.: B- Village of Monroe (07- April 10, 2008; The Honorable Robert August 18, 2008................ 390042
7785). 05-2593P). April 17, 2008; Routson, Mayor, City of
Pulse Journal. Monroe, P.O. Box 330,
Monroe, OH 45050-0330.
Texas:
Bexar (FEMA Docket No.: B- City of San Antonio May 5, 2008; May 12, The Honorable Phil April 28, 2008................. 480045
7788). (08-06-0040P). 2008; San Antonio Hardberger, Mayor, City
Express-News. of San Antonio, P.O. Box
839966, San Antonio, TX
78283.
Collin (FEMA Docket No.: B- Town of Prosper (08- April 3, 2008; April The Honorable Charles August 8, 2008................. 480141
7780). 06-0164P). 10, 2008; Allen Niswanger, Mayor, Town
American. of Prosper, P.O. Box
307, Prosper, TX 75078.
Denton (FEMA Docket No.: B- City of Roanoke (07- May 1, 2008; May 8, The Honorable Carl E. April 28, 2008................. 480785
7785). 06-2276P). 2008; Denton County Gierisch, Jr., Mayor,
Chronicle. City of Roanoke, 108
South Oak Street,
Roanoke, TX 76262.
Parker (FEMA Docket No.: B- Unincorporated areas May 7, 2008; May 14, The Honorable Mark Riley, April 29, 2008................. 480520
7789). of Parker County (08- 2008; Weatherford Parker County Judge, One
06-0872P). Democrat. Courthouse Square,
Weatherford, TX 76086.
Tarrant (FEMA Docket No.: B- City of Keller (08-06- March 28, 2008; The Honorable Pat August 4, 2008................. 480602
7780). 0002P). April 4, 2008; McGrail, Mayor, City of
Keller Citizen. Keller, P.O. Box 770,
Keller, TX 76244.
Travis (FEMA Docket No.: B- Unincorporated areas April 3, 2008; April The Honorable Samuel T. August 8, 2008................. 481026
7780). of Travis County (07- 10, 2008; Austin Biscoe, Travis County
06-1238P). American-Statesman. Judge, 314 West 11th
Street, Suite 520,
Austin, TX 78701.
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[[Page 54324]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: September 4, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-21685 Filed 9-18-08; 8:45 am]
BILLING CODE 9110-12-P
