Proposed Flood Elevation Determinations, 38386-38388 [E9-18407]

Download as PDF 38386 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Division of Air Quality, 601 57th Street, SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814– 2190, or by e-mail at topsale.jim@epa.gov. Please note that while questions may be posed via phone and e-mail, formal comments must be submitted in writing, as indicated in the ADDRESSES section of this document. For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. sroberts on DSKD5P82C1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: Dated: July 21, 2009. William C. Early, Acting Regional Administrator, EPA Region III. [FR Doc. E9–18481 Filed 7–31–09; 8:45 am] BILLING CODE 6560–50–P VerDate Nov<24>2008 15:52 Jul 31, 2009 Jkt 217001 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–B–1058] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1% 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 November 2, 2009. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is 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–1058, 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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 (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. National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: E:\FR\FM\03AUP1.SGM 03AUP1 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 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. Flooding source(s) § 67.4 38387 [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 ∧ Elevation in meters (MSL) Location of referenced elevation** Effective Communities affected Modified Barnstable County, Massachusetts (All Jurisdictions) Atlantic Ocean ....................... Cape Cod Bay ...................... sroberts on DSKD5P82C1PROD with PROPOSALS Nantucket Sound .................. +9 +14 Along the shoreline, approximately 1,200 feet south of the projection of Beach Road. Along the shoreline, approximately 130 feet west of the intersection of County Road and Pine Bank Road. Along the shoreline at the intersection of Commercial Street and Conway Street. +12 +14 +18 +21 None +9 Along the shoreline at the intersection of Ellis Landing Road and Captain Dunbar Road. Along the shoreline approximately 550 feet south of the intersection of Chase Avenue and Belmont Road. None +17 +10 +14 Along the shoreline, approximately 750 feet west of the Parker’s River western jetty. Buzzards Bay ........................ Along the shoreline at the south end of Ocean View Drive. None Town of Chatham, Town of Eastham, Town of Orleans, Town of Provincetown, Town of Truro. +15 Town of Falmouth. Town of Provincetown, Town of Barnstable, Town of Brewster, Town of Sandwich, Town of Truro, Town of Wellfleet. Town of Barnstable, Town of Chatham, Town of Dennis, Town of Harwich, Town of Yarmouth. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ 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 Barnstable Maps are available for inspection at the Town Hall, 367 Main Street, Hyannis, MA 02649. Town of Brewster Maps are available for inspection at the Town Hall, 2198 Main Street, Brewster, MA 02631. Town of Chatham Maps are available for inspection at the Town Hall, 549 Main Street, Chatham, MA 02633. Town of Dennis Maps are available for inspection at the Town Hall, 485 Main Street, South Dennis, MA 02660. Town of Eastham Maps are available for inspection at the Town Hall, 2500 State Highway, Eastham, MA 02642. Town of Falmouth Maps are available for inspection at the Town Hall, 59 Town Hall Square, Falmouth, MA 02540. Town of Harwich Maps are available for inspection at the Town Hall, 732 Main Street, Harwich, MA 02645. Town of Orleans Maps are available for inspection at the Town Hall, 19 School Road, Orleans, MA 02653. Town of Provincetown Maps are available for inspection at the Town Hall, 260 Commercial Street, Provincetown, MA 02657. Town of Sandwich Maps are available for inspection at the Town Hall, 130 Main Street, Sandwich, MA 02563. Town of Truro Maps are available for inspection at the Town Hall, 24 Town Hall Road, Truro, MA 02666. VerDate Nov<24>2008 18:02 Jul 31, 2009 Jkt 217001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\03AUP1.SGM 03AUP1 38388 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules Flooding source(s) Location of referenced elevation** * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Effective Communities affected Modified Town of Wellfleet Maps are available for inspection at the Town Hall, 300 Main Street, Wellfleet, MA 02667. Town of Yarmouth Maps are available for inspection at the Town Hall, 1146 Route 28, South Yarmouth, MA 02664. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: July 23, 2009. Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9–18407 Filed 7–31–09; 8:45 am] BILLING CODE 9110–12–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 09–1576; MB Docket No. 09–129; RM– 11549] Television Broadcasting Services; Hutchinson and Wichita, KS sroberts on DSKD5P82C1PROD with PROPOSALS AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: The Commission has before it a petition for rulemaking filed by Sunflower Broadcasting, Inc. (‘‘Sunflower’’), the licensee of stations KWCH–DT, Hutchinson, Kansas, DTV channel 12, and KSCW–DT, Wichita, Kansas, DTV channel 19. Sunflower requests the substitution of DTV channel 19 for KWCH–DT’s assigned DTV channel 12 at Hutchinson and the substitution of DTV channel 12 for KSCW–DT’s assigned DTV channel 19 at Wichita. DATES: Comments must be filed on or before August 18, 2009, and reply comments on or before August 28, 2009. ADDRESSES: Federal Communications Commission, Office of the Secretary, 445 12th Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Wilmer Cutler Pickering, Hale and Dorr LLP, 1875 Pennsylvania Avenue, NW., Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, VerDate Nov<24>2008 15:52 Jul 31, 2009 Jkt 217001 adrienne.denysyk@fcc.gov, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 09–129, adopted July 20, 2009, and released July 22, 2009. 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 (http:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, 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 http:// 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. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Kansas is amended by adding DTV channel 19 and removing DTV channel 12 at Hutchinson and by adding DTV channel 12 and removing DTV channel 19 at Wichita. Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E9–18470 Filed 7–31–09; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 09–1595; MB Docket No. 09–132; RM– 11550] Television Broadcasting Services; Fort Worth, TX AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: The Commission has before it a petition for rulemaking filed by CBS Stations Group of Texas, L.P. (‘‘CBS E:\FR\FM\03AUP1.SGM 03AUP1

Agencies

[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Proposed Rules]
[Pages 38386-38388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18407]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1058]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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

SUMMARY: Comments are requested on the proposed Base (1% 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 November 2, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community is 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-1058, 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.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. An environmental impact assessment has not 
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This 
proposed rule is not a significant regulatory action under the criteria 
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule 
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:


[[Page 38387]]


    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)  
                                                                 Depth in feet  above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation**          Elevation in  meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                              Barnstable County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean......................  Along the shoreline at            +9          +14  Town of Chatham, Town
                                       the south end of Ocean                             of Eastham, Town of
                                       View Drive.                                        Orleans, Town of
                                                                                          Provincetown, Town of
                                                                                          Truro.
                                      Along the shoreline,             +12          +14
                                       approximately 1,200
                                       feet south of the
                                       projection of Beach
                                       Road.
Buzzards Bay........................  Along the shoreline,             +18          +21  Town of Falmouth.
                                       approximately 130 feet
                                       west of the
                                       intersection of County
                                       Road and Pine Bank
                                       Road.
Cape Cod Bay........................  Along the shoreline at          None           +9  Town of Provincetown,
                                       the intersection of                                Town of Barnstable,
                                       Commercial Street and                              Town of Brewster, Town
                                       Conway Street.                                     of Sandwich, Town of
                                                                                          Truro, Town of
                                                                                          Wellfleet.
                                      Along the shoreline at          None          +17
                                       the intersection of
                                       Ellis Landing Road and
                                       Captain Dunbar Road.
Nantucket Sound.....................  Along the shoreline              +10          +14  Town of Barnstable,
                                       approximately 550 feet                             Town of Chatham, Town
                                       south of the                                       of Dennis, Town of
                                       intersection of Chase                              Harwich, Town of
                                       Avenue and Belmont                                 Yarmouth.
                                       Road.
                                      Along the shoreline,            None          +15
                                       approximately 750 feet
                                       west of the Parker's
                                       River western jetty.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] 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 Barnstable
Maps are available for inspection at the Town Hall, 367 Main Street, Hyannis, MA 02649.
 
Town of Brewster
Maps are available for inspection at the Town Hall, 2198 Main Street, Brewster, MA 02631.
 
Town of Chatham
Maps are available for inspection at the Town Hall, 549 Main Street, Chatham, MA 02633.
 
Town of Dennis
Maps are available for inspection at the Town Hall, 485 Main Street, South Dennis, MA 02660.
 
Town of Eastham
Maps are available for inspection at the Town Hall, 2500 State Highway, Eastham, MA 02642.
 
Town of Falmouth
Maps are available for inspection at the Town Hall, 59 Town Hall Square, Falmouth, MA 02540.
 
Town of Harwich
Maps are available for inspection at the Town Hall, 732 Main Street, Harwich, MA 02645.
 
Town of Orleans
Maps are available for inspection at the Town Hall, 19 School Road, Orleans, MA 02653.
 
Town of Provincetown
Maps are available for inspection at the Town Hall, 260 Commercial Street, Provincetown, MA 02657.
 
Town of Sandwich
Maps are available for inspection at the Town Hall, 130 Main Street, Sandwich, MA 02563.
 
Town of Truro
Maps are available for inspection at the Town Hall, 24 Town Hall Road, Truro, MA 02666.
 

[[Page 38388]]

 
Town of Wellfleet
Maps are available for inspection at the Town Hall, 300 Main Street, Wellfleet, MA 02667.
 
Town of Yarmouth
Maps are available for inspection at the Town Hall, 1146 Route 28, South Yarmouth, MA 02664.
----------------------------------------------------------------------------------------------------------------

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

    Dated: July 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-18407 Filed 7-31-09; 8:45 am]
BILLING CODE 9110-12-P