Final Flood Elevation Determinations, 44707-44712 [2014-18291]

Download as PDF Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations Flooding source(s) Maps are available for inspection Township of Claybanks Maps are available for inspection Township of Golden Maps are available for inspection Township of Weare Maps are available for inspection * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location of referenced elevation 44707 Communities affected at Benona Township Hall, 7169 West Baker Road, Shelby, MI 49455. at Claybanks Township Hall, 7577 West Cleveland Road, New Era, MI 49446. at Golden Township Hall, 5527 West Fox Road, Mears, MI 49436. at Weare Township Hall, 6506 North Oceana Drive, Hart, MI 49420. Town of Richmond, Vermont Docket No.: FEMA–B–1226 Winooski River ................................................... Approximately 0.8 mile downstream of I–89 ..... Approximately 1,150 feet upstream of Cochran Road. +303 +326 Town of Richmond. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Town of Richmond Maps are available for inspection at the Town Center Building, 203 Bridge Street, Richmond, VT 05477. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Date: July 11, 2014. Roy E. Wright, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. National Flood Insurance Program (NFIP). The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. DATES: [FR Doc. 2014–18254 Filed 7–31–14; 8:45 am] BILLING CODE 9110–12–P The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. ADDRESSES: DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA–2014–0002] Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the emcdonald on DSK67QTVN1PROD with RULES 17:22 Jul 31, 2014 The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification. SUPPLEMENTARY INFORMATION: SUMMARY: VerDate Mar<15>2010 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis.Rodriguez3@fema.dhs.gov. FOR FURTHER INFORMATION CONTACT: 44 CFR Part 67 Jkt 232001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. 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. E:\FR\FM\01AUR1.SGM 01AUR1 44708 Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. Accordingly, 44 CFR part 67 is amended as follows: 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. PART 67—[AMENDED] § 67.11 List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. ■ 1. The authority citation for part 67 continues to read as follows: ■ Flooding source(s) Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Effective Modified Location of referenced elevation Communities affected Montgomery County, Texas, and Incorporated Areas Docket No.: FEMA–B–1045 and B 1221 Alligator Creek Flooding Effects, its West Branch and its West Fork. At the confluence of West Fork of San Jacinto River and Alligator Creek. +133 Arnold Branch ........................ Approximately 375 feet upstream of Hillcrest Road ............. Approximately 650 feet upstream of Hillcrest Road ............. Just upstream of State Highway 336 and Alligator Creek .... Approximately 1.4 miles downstream of FM 1488 ................ Approximately 1,475 feet upstream of FM 1488 ................... At the confluence of Mink Branch and Arnold Branch .......... +195 +215 +238 +219 +246 +203 Approximately vard. Approximately Road. Approximately Approximately 800 feet downstream of Grand Oaks Boule- +214 2,100 feet upstream of Nichols Sawmill +227 2.34 miles downstream of Doodson Road .... 2,500 feet downstream of Sawdust Road ..... +246 +117 Just downstream of Woodlands Parkway ............................. At the confluence of Panther Branch and Bear Branch ....... Approximately 100 feet downstream from Kuykendahl Road Approximately 1.1 miles upstream of the confluence with Jayhawker Creek and Bee Branch. Just upstream of Fostoria Road ............................................ Approximately 620 feet downstream from the Loop 494 ...... +123 +140 +157 +129 Just downstream of Loop 494 ............................................... At the confluence of Spring Creek and Brushy Creek .......... +80 +187 Approximately 4,550 feet upstream from the confluence of Threemile Creek and Brushy Creek. Just upstream of Rogers Road ............................................. +214 +306 Caney Creek Flooding Effects Just upstream of African Hill Road ....................................... At the confluence of Peach Creek and Caney Creek ........... +337 +70 +183 +268 +282 +285 Caney Creek North Flooding Effects. At the confluence of McRae Creek and Caney Creek ......... Approximately 6,500 feet upstream of Bilnoski Road ........... Approximately 9,000 feet upstream of Mt. Zion Road .......... Approximately 15,500 feet upstream of confluence with Caney Creek. At the confluence of Caney Creek Tributary No. 4 and Caney Creek North. At the confluence of Kelly Branch and Caney Creek North At the confluence of West Fork of San Jacinto River and Carters Slough. Just upstream of unnamed Railroad and Carters Slough .... At the confluence of West Fork of San Jacinto River and Crystal Creek. Arnold Branch Flooding Effects. Bear Branch Flooding Effects. Bee Branch Flooding Effects. Bens Branch .......................... Brushy Creek Flooding Effects. emcdonald on DSK67QTVN1PROD with RULES Camp Creek Flooding Effects and its Tributaries. Carters Slough Flooding Effects. Crystal Creek Flooding Effects. VerDate Mar<15>2010 18:23 Jul 31, 2014 Jkt 232001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM +142 +79 +202 +220 +108 +124 +109 01AUR1 City of Conroe, Unincorporated Areas of Montgomery County. Town of Magnolia. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. City of Willis, Unincorporated Areas of Montgomery County. City of Cut ’N Shoot, Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. City of Conroe, City of Cut ’N Shoot, Unincorporated Areas of Montgomery County. Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations Flooding source(s) Decker Branch Flooding Effects and its Tributaries. Dry Creek Flooding Effects and its Tributaries. Dry Creek No. 2, its Tributaries and Flooding Effects. Duck Creek Flooding Effects. Goodson Branch Flooding Effects and its Tributaries. Hightower Branch Flooding Effects. Jayhawker Creek Flooding Effects. Lake Creek Flood Effects, its Tributaries and unnamed Streams. Lawrence Creek Flooding Effects. Location of referenced elevation At the confluence of West Fork of Crystal Creek and Crystal Creek. At the confluence of Crystal Creek Tributary No. 4 and Crystal Creek. At the confluence of Crystal Creek Tributary No. 7 and Crystal Creek. Approximately 0.5 miles upstream of State Highway 75 ...... At the confluence of Mill Creek ............................................. Little Lake Creek Flooding Effects. Mares Branch Flooding Effects. McRae Creek Flooding Effects. Mill Creek Flooding Effects and its Tributaries. Mink Branch Flooding Effects. VerDate Mar<15>2010 17:22 Jul 31, 2014 Communities affected +143 +193 +240 +307 +157 Approximately 350 feet downstream from FM 1774 County Highway. Approximately 440 feet upstream from Tree Meadow Road. At the confluence of Caney Creek and Dry Creek ............... Just upstream of Massey Road and Dry Creek .................... At the confluence of unnamed intermittent river ................... +157 +195 Approximately 190 feet downstream from Smith-Dobbin Road. At the confluence of Peach Creek and Duck Creek ............. +214 Approximately 4,000 feet upstream of Duff Road ................. At the confluence of Decker Branch Tributary No. 1 and Goodson Branch. Approximately 176 feet downstream from Goodson Loop ... At the confluence of Peach Creek and Hightower Branch ... +191 +188 Unincorporated Areas of Montgomery County. +208 +219 +93 +151 +217 +120 Approximately 9,800 feet upstream of the confluence with Peach Creek and Hightower Branch. Approximately 4,000 feet upstream of the confluence with Bee Branch and Jayhawker Creek. Approximately 7,300 feet upstream of unnamed Railroad ... At the confluence of West Fork of San Jacinto River and Lake Creek. At the confluence of Lake Creek Tributary No. 2 and Lake Creek. At the confluence of Landrum Creek and Lake Creek ......... Approximately 5,760 feet upstream of the confluence with Kidhaw Branch and Lake Creek. At the confluence of Peach Creek and Lawrence Creek ..... City of Conroe, Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. +135 +152 +128 +147 +133 Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. +195 +260 +146 Approximately 1,500 feet downstream of Walker Road and Lawrence Creek. Approximately 2,800 feet downstream from Mount Mariah Road. Approximately 4,300 feet upstream of Mount Mariah Road. At the confluence of Little Lake Creek Tributary No. 6 and Little Lake Creek. Just upstream of FM1097 County Highway .......................... At the confluence of Peach Creek and Mares Branch ......... Approximately 7,000 feet upstream of the confluence of Peach Creek and Mares Branch. At the confluence of Caney Creek and McRae Creek ......... +98 +184 Approximately 9,850 feet upstream of Tanyard Road .......... At the confluence of Spring Creek and Mill Creek ............... +335 +156 Just upstream of unnamed Railroad ..................................... At the confluence of Tributary No. 2 and Mill Creek ............ At the confluence of Mill Creek Tributary No. 6 .................... At the confluence of Walnut Creek and Mink Branch ........... +172 +190 +214 +189 +203 Unincorporated Areas of Montgomery County. +191 At the confluence of Arnold Branch and Mink Branch .......... Little Caney Creek No. 3 Flooding Effects. emcdonald on DSK67QTVN1PROD with RULES * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Effective Modified 44709 Jkt 232001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM +223 +228 +202 +305 +96 01AUR1 Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. 44710 Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Effective Modified Flooding source(s) Location of referenced elevation Orton Gully Flooding Effects. Approximately 1,500 feet downstream of Old Hempstead Road. At the confluence of East Fork of San Jacinto River and Orton Gully. Approximately 750 feet upstream of Cambridge Boulevard. At the confluence of Spring Creek and Panther Branch ...... Panther Branch Flooding Effects. Peach Creek .......................... Peach Creek Flooding Effects and its Tributaries. Pole Creek Flooding Effects. Sand Branch No. 2 Flooding Effects. Silverdale Creek Flooding Effects. Spring Branch Flooding Effects. Spring Branch No. 2 Flooding Effects. Spring Creek Flooding Effects into Sam Bell Gully Diversion Channel. emcdonald on DSK67QTVN1PROD with RULES Spring Creek, its Tributaries, intermittent Streams and Flooding Effects for areas north of Spring Creek. Stewart Creek Flooding Effects. 17:22 Jul 31, 2014 +249 +72 +91 +108 Just upstream of Magnolia Conroe Road ............................. Just upstream of FM 1488 County Highway ......................... Approximately 1,375 feet downstream of Roman Forest Boulevard. Approximately 425 feet upstream of Roman Forest Boulevard. At the confluence of Caney Creek and Peach Creek ........... +181 +191 +85 Approximately 15,000 feet upstream of the confluence with Duck Creek and Peach Creek. Approximately 17,000 feet upstream of the confluence with Peach Creek Tributary No. 3 and Peach Creek. Approximately 16,500 feet upstream of the confluence with Peach Creek. At the confluence with Little Lake Creek and Pole Creek .... Unincorporated Areas of Montgomery County. City of Conroe, Town of Shenandoah, Unincorporated Areas of Montgomery County. +164 Town of Roman Forest. +86 +70 City of Splendora, Unincorporated Areas of Montgomery County, Village of Patton Village, Village of Woodbranch. +340 +367 +239 Approximately 10,000 feet upstream of Martha Williams Road. At the confluence with Little Lake Creek and Sand Branch No. 2. Approximately 18,000 feet upstream of the confluence with Little Lake Creek and Sand Branch No. 2. At the confluence of West Fork of San Jacinto River and Silverdale Creek. Just upstream of Wagers Street ........................................... At the confluence of Carney Creek and Spring Branch ....... +187 +95 Approximately 2,600 feet upstream of East Old Highway 105 Road. Approximately 1,500 feet upstream from the confluence with Landrum Creek and Spring Branch No. 2. Just upstream of Spring Branch Road .................................. At the confluence of Spring Creek and Sam Bell Gully ........ Unincorporated Areas of Montgomery County. +297 +176 +243 Unincorporated Areas of Montgomery County. +314 +126 +202 +264 +100 At the confluence of Sam Bell Gully Tributary Diversion Channel and Spring Creek. Approximately 1,150 feet upstream from Woodson Road .... At the confluence of West Fork of San Jacinto River and Spring Creek. At the confluence of Sam Bell Gully Diversion Channel and Spring Creek. At the confluence of Mill Creek and Spring Creek ............... At the confluence of Walnut Creek and Spring Creek .......... Approximately 330 feet upstream of SH 336 ........................ City of Conroe, Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. City of Oak Ridge North, Unincorporated Areas of Montgomery County. +117 +100 At the confluence of Stewarts Creek Tributary No. 1 and Stewarts Creek. VerDate Mar<15>2010 Communities affected Jkt 232001 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM +136 +67 +156 +169 +148 +208 01AUR1 City of Houston, Unincorporated Areas of Montgomery County. City of Conroe, City of Panorama Village, Unincorporated Areas of Montgomery County. Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations Flooding source(s) Sulphur Branch Flooding Effects. Threemile Creek Flooding Effects. Walnut Creek Flooding Effects. West Fork of Spring Branch Flooding Effects. White Oak Creek Flooding Effects. Woodsons Gully Flooding Effects. * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Effective Modified Location of referenced elevation Approximately 4,000 feet upstream of FM 830 County Highway. At the confluence of Walnut Creek and Sulphur Branch ...... Just upstream of Greek Oak Road ....................................... Approximately 75 feet downstream from Magnolia Conroe Street. At the confluence of Brushy Creek and Threemile Creek .... Approximately 4,300 feet upstream from the confluence of Brushy Creek and Threemile Creek. At the confluence of Spring Creek and Walnut Creek .......... At the confluence of Mink Branch and Walnut Creek ........... At the confluence of Log Gully and Walnut Creek ............... Approximately 3,200 feet upstream from unnamed Tributary At the confluence of Spring Branch and West Fork of Spring Branch. Approximately 3,300 feet upstream of Pine Road ................ Approximately 20,000 feet downstream of unnamed Railroad. Approximately 5,100 feet downstream of unnamed Railroad At the confluence of West Fork of San Jancinto River and Woodsons Gully. Approximately 15,100 feet upstream of Riley Fuzzel Road. +178 +208 +168 +189 +195 +223 +129 +191 +67 +80 +78 +111 emcdonald on DSK67QTVN1PROD with RULES at 300 West Davis, Conroe, TX 77301. at 14391 East Highway 105, Cut ’N Shoot, TX 77303. at 611 Walker Road, Houston, TX 77002. at 27326 Robinson Road, Suite 115, Conroe, TX 77385. at 98 Hiwon Drive, Panorama Village, TX 77304. at 16940 Main Street, Splendora, TX 77372. at 16022 Westward Ho, Mongolia Texas, TX 77355. at 200 North Bell Street, Willis, TX 77378. at 510 Magnolia Boulevard, Magnolia, TX 77356. at 2430 Roman Forest Boulevard, New Caney, TX 77357. Jkt 232001 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM Unincorporated Areas of Montgomery County. +211 at 29955 I–45 North, Shenandoah, TX 77381. Unincorporated Areas of Montgomery County Maps are available for inspection at 301 North Thompson, Suite 210, Conroe, TX 77301. Village of Patton Village Maps are available for inspection at 16940 Main Street, Splendora, TX 77372. Village of Woodbranch Maps are available for inspection at 58A Woodbranch Drive, New Caney, TX 77357. 17:22 Jul 31, 2014 City of Stagecoach, Town of Magnolia, Unincorporated Areas of Montgomery County. +218 +273 ADDRESSES VerDate Mar<15>2010 Communities affected +292 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. City of Conroe Maps are available for inspection City of Cut ’N Shoot Maps are available for inspection City of Houston Maps are available for inspection City of Oak Ridge North Maps are available for inspection City of Panorama Village Maps are available for inspection City of Splendora Maps are available for inspection City of Stagecoach Maps are available for inspection City of Willis Maps are available for inspection Town of Magnolia Maps are available for inspection Town of Roman Forest Maps are available for inspection Town of Shenandoah Maps are available for inspection 44711 01AUR1 City of Stagecoach, Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. Unincorporated Areas of Montgomery County. 44712 Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) 38501; telephone 931–528–6481; facsimile 931–528–7075. Dated: July 11, 2014. Roy E. Wright, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. FOR FURTHER INFORMATION CONTACT: Mary E. Jennings, Field Supervisor, U.S. Fish and Wildlife Service, Tennessee Ecological Services Field Office, (see ADDRESSES above). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–18291 Filed 7–31–14; 8:45 am] BILLING CODE 9110–12–P Executive Summary DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2013– 0087;4500030113] RIN 1018–AZ11 Endangered and Threatened Wildlife and Plants; Endangered Status for Physaria globosa (Short’s Bladderpod), Helianthus verticillatus (Whorled sunflower), and Leavenworthia crassa (Fleshy-Fruit Gladecress) AGENCY: Fish and Wildlife Service, Interior. Final rule. ACTION: We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973 (Act), as amended, for Physaria globosa (Short’s bladderpod), Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-fruit gladecress). Short’s bladderpod occurs in Indiana, Kentucky, and Tennessee. Whorled sunflower occurs in Alabama, Georgia, and Tennessee. Fleshy-fruit gladecress occurs only in Alabama. The effect of this regulation will be to add these species to the List of Endangered and Threatened Plants. DATES: This rule is effective September 2, 2014. ADDRESSES: This final rule is available on the internet at http:// www.regulations.gov and http:// www.fws.gov/cookeville. Comments and materials we received, as well as supporting documentation we used in preparing this rule, are available for public inspection at http:// www.regulations.gov. All of the comments, materials, and documentation that we considered in this rulemaking are available by appointment during normal business hours at: U.S. Fish and Wildlife Service, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, TN emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:22 Jul 31, 2014 Jkt 232001 Why we need to publish a rule. Under the Act, a species may warrant protection through listing if it is endangered or threatened throughout all or a significant portion of its range. Listing a species as an endangered or threatened species can only be completed by issuing a rule. This rule will finalize the listing of Physaria globosa (Short’s bladderpod), Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-fruit gladecress) as endangered species. The basis for our action. Under the Act, we can determine that a species is an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. We have determined that listing is warranted for these species, which are currently at risk throughout all of their respective ranges due to threats related to: • For Short’s bladderpod, potential future construction and ongoing maintenance of transportation rights-ofway; prolonged inundation and soil erosion due to flooding and water level manipulation; overstory shading due to forest succession and shading and competition from invasive, nonnative plant species; and small population sizes. • For whorled sunflower, mechanical or chemical vegetation management for industrial forestry, right-of-way maintenance, or agriculture; shading and competition resulting from vegetation succession; limited distribution and small population sizes. • For fleshy-fruit gladecress, loss of habitat due to residential and industrial development; conversion of agricultural sites for use as pasture; maintenance of road rights-of-way via mowing and herbicide treatment prior to seed PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 production; shading due to natural forest succession; competition from invasive nonnative plants; off-road vehicles and dumping; limited distribution; and small sizes and limited genetic variation of some populations. Peer review and public comment. We sought comments from independent specialists to ensure that our designation is based on scientifically sound data, assumptions, and analyses. We invited these peer reviewers to comment on our listing proposal. We also considered all comments and information received during the comment period. Previous Federal Action Please refer to the proposed listing rule for Short’s bladderpod, whorled sunflower, and fleshy-fruit gladecress (78 FR 47109; August 2, 2013) for a detailed description of previous Federal actions concerning this species. We will also be finalizing critical habitat designations for the Short’s bladderpod, whorled sunflower, and fleshy-fruit gladecress under the Act in the near future. Summary of Comments and Recommendations In the proposed rule published on August 2, 2013 (78 FR 47109), we requested that all interested parties submit written comments on the proposal by October 1, 2013. We also contacted appropriate Federal and State agencies, scientific experts and organizations, and other interested parties and invited them to comment on the proposal. Newspaper notices inviting general public comment were published in the Cherokee County Herald, The Birmingham News, and The Decatur Daily in Alabama; the Rome News Tribune in Georgia; The Posey County News in Indiana; the Lexington Herald-Leader and The State Journal in Kentucky; and the Jackson County Sentinel, The Tennessean, The Leaf Chronicle, Carthage Courier, and Hartsville Vidette in Tennessee. We did not receive any requests for a public hearing. All substantive information provided during comment periods has either been incorporated directly into this final determination or addressed in our responses to the comments below. Peer Reviewer Comments In accordance with our peer review policy published on July 1, 1994 (59 FR 34270), we solicited expert opinion from 15 knowledgeable individuals with scientific expertise that included familiarity with one or more of these species and their habitats, biological needs, and threats. We received E:\FR\FM\01AUR1.SGM 01AUR1

Agencies

[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44707-44712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18291]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2014-0002]


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each community is required either to adopt or to show evidence of being 
already in effect in order to qualify or remain qualified for 
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) 
showing BFEs and modified BFEs for each community. This date may be 
obtained by contacting the office where the maps are available for 
inspection as indicated in the table below.

ADDRESSES: The final 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: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472, (202) 646-4064, or (email) Luis.Rodriguez3@fema.dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) makes the final determinations listed below for the modified 
BFEs for each community listed. These modified elevations have been 
published in newspapers of local circulation and ninety (90) days have 
elapsed since that publication. The Deputy Associate Administrator for 
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67. FEMA has developed criteria for floodplain management in floodprone 
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community. The BFEs and modified BFEs are 
made final in the communities listed below. Elevations at selected 
locations in each community are shown.
    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.

[[Page 44708]]

    Executive Order 12988, Civil Justice Reform. This final 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 amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                        * Elevation in
                                                                       feet  (NGVD)  +
                                                                      Elevation in feet
                                                                        (NAVD)   Depth in feet
          Flooding source(s)               Location of referenced        above ground      Communities affected
                                                 elevation            [caret] Elevation
                                                                       in  meters (MSL)
                                                                          Effective
                                                                           Modified
 
----------------------------------------------------------------------------------------------------------------
                                Montgomery County, Texas, and Incorporated Areas
                                       Docket No.: FEMA-B-1045 and B 1221
----------------------------------------------------------------------------------------------------------------
Alligator Creek Flooding Effects, its  At the confluence of West                   +133  City of Conroe,
 West Branch and its West Fork.         Fork of San Jacinto River                         Unincorporated Areas
                                        and Alligator Creek.                              of Montgomery County.
                                       Approximately 375 feet                      +195
                                        upstream of Hillcrest Road.
                                       Approximately 650 feet                      +215
                                        upstream of Hillcrest Road.
                                       Just upstream of State                      +238
                                        Highway 336 and Alligator
                                        Creek.
Arnold Branch........................  Approximately 1.4 miles                     +219  Town of Magnolia.
                                        downstream of FM 1488.
                                       Approximately 1,475 feet                    +246  .......................
                                        upstream of FM 1488.
Arnold Branch Flooding Effects.......  At the confluence of Mink                   +203  Unincorporated Areas of
                                        Branch and Arnold Branch.                         Montgomery County.
                                       Approximately 800 feet                      +214
                                        downstream of Grand Oaks
                                        Boulevard.
                                       Approximately 2,100 feet                    +227
                                        upstream of Nichols Sawmill
                                        Road.
                                       Approximately 2.34 miles                    +246
                                        downstream of Doodson Road.
Bear Branch Flooding Effects.........  Approximately 2,500 feet                    +117  Unincorporated Areas of
                                        downstream of Sawdust Road.                       Montgomery County.
                                       Just downstream of Woodlands                +123
                                        Parkway.
                                       At the confluence of Panther                +140
                                        Branch and Bear Branch.
                                       Approximately 100 feet                      +157
                                        downstream from Kuykendahl
                                        Road.
Bee Branch Flooding Effects..........  Approximately 1.1 miles                     +129  Unincorporated Areas of
                                        upstream of the confluence                        Montgomery County.
                                        with Jayhawker Creek and Bee
                                        Branch.
                                       Just upstream of Fostoria                   +142
                                        Road.
Bens Branch..........................  Approximately 620 feet                       +79  Unincorporated Areas of
                                        downstream from the Loop 494.                     Montgomery County.
                                       Just downstream of Loop 494..                +80
Brushy Creek Flooding Effects........  At the confluence of Spring                 +187  Unincorporated Areas of
                                        Creek and Brushy Creek.                           Montgomery County.
                                       Approximately 4,550 feet                    +214
                                        upstream from the confluence
                                        of Threemile Creek and
                                        Brushy Creek.
Camp Creek Flooding Effects and its    Just upstream of Rogers Road.               +306  City of Willis,
 Tributaries.                                                                             Unincorporated Areas
                                                                                          of Montgomery County.
                                       Just upstream of African Hill               +337
                                        Road.
Caney Creek Flooding Effects.........  At the confluence of Peach                   +70  City of Cut 'N Shoot,
                                        Creek and Caney Creek.                            Unincorporated Areas
                                                                                          of Montgomery County.
                                       At the confluence of McRae                  +183
                                        Creek and Caney Creek.
                                       Approximately 6,500 feet                    +268
                                        upstream of Bilnoski Road.
                                       Approximately 9,000 feet                    +282
                                        upstream of Mt. Zion Road.
                                       Approximately 15,500 feet                   +285
                                        upstream of confluence with
                                        Caney Creek.
Caney Creek North Flooding Effects...  At the confluence of Caney                  +202  Unincorporated Areas of
                                        Creek Tributary No. 4 and                         Montgomery County.
                                        Caney Creek North.
                                       At the confluence of Kelly                  +220
                                        Branch and Caney Creek North.
Carters Slough Flooding Effects......  At the confluence of West                   +108  Unincorporated Areas of
                                        Fork of San Jacinto River                         Montgomery County.
                                        and Carters Slough.
                                       Just upstream of unnamed                    +124
                                        Railroad and Carters Slough.
Crystal Creek Flooding Effects.......  At the confluence of West                   +109  City of Conroe, City of
                                        Fork of San Jacinto River                         Cut 'N Shoot,
                                        and Crystal Creek.                                Unincorporated Areas
                                                                                          of Montgomery County.

[[Page 44709]]

 
                                       At the confluence of West                   +143
                                        Fork of Crystal Creek and
                                        Crystal Creek.
                                       At the confluence of Crystal                +193
                                        Creek Tributary No. 4 and
                                        Crystal Creek.
                                       At the confluence of Crystal                +240
                                        Creek Tributary No. 7 and
                                        Crystal Creek.
                                       Approximately 0.5 miles                     +307
                                        upstream of State Highway 75.
Decker Branch Flooding Effects and     At the confluence of Mill                   +157  Unincorporated Areas of
 its Tributaries.                       Creek.                                            Montgomery County.
                                       Approximately 350 feet                      +208
                                        downstream from FM 1774
                                        County Highway.
                                       Approximately 440 feet                      +219
                                        upstream from Tree Meadow
                                        Road..
Dry Creek Flooding Effects and its     At the confluence of Caney                   +93  City of Conroe,
 Tributaries.                           Creek and Dry Creek.                              Unincorporated Areas
                                                                                          of Montgomery County.
                                       Just upstream of Massey Road                +157
                                        and Dry Creek.
Dry Creek No. 2, its Tributaries and   At the confluence of unnamed                +195  Unincorporated Areas of
 Flooding Effects.                      intermittent river.                               Montgomery County.
                                       Approximately 190 feet                      +214
                                        downstream from Smith-Dobbin
                                        Road.
Duck Creek Flooding Effects..........  At the confluence of Peach                  +151  Unincorporated Areas of
                                        Creek and Duck Creek.                             Montgomery County.
                                       Approximately 4,000 feet                    +191
                                        upstream of Duff Road.
Goodson Branch Flooding Effects and    At the confluence of Decker                 +188  Unincorporated Areas of
 its Tributaries.                       Branch Tributary No. 1 and                        Montgomery County.
                                        Goodson Branch.
                                       Approximately 176 feet                      +217
                                        downstream from Goodson Loop.
Hightower Branch Flooding Effects....  At the confluence of Peach                  +120  Unincorporated Areas of
                                        Creek and Hightower Branch.                       Montgomery County.
                                       Approximately 9,800 feet                    +135
                                        upstream of the confluence
                                        with Peach Creek and
                                        Hightower Branch.
Jayhawker Creek Flooding Effects.....  Approximately 4,000 feet                    +128  Unincorporated Areas of
                                        upstream of the confluence                        Montgomery County.
                                        with Bee Branch and
                                        Jayhawker Creek.
                                       Approximately 7,300 feet                    +147
                                        upstream of unnamed Railroad.
Lake Creek Flood Effects, its          At the confluence of West                   +133  Unincorporated Areas of
 Tributaries and unnamed Streams.       Fork of San Jacinto River                         Montgomery County.
                                        and Lake Creek.
                                       At the confluence of Lake                   +152
                                        Creek Tributary No. 2 and
                                        Lake Creek.
                                       At the confluence of Landrum                +195
                                        Creek and Lake Creek.
                                       Approximately 5,760 feet                    +260
                                        upstream of the confluence
                                        with Kidhaw Branch and Lake
                                        Creek.
Lawrence Creek Flooding Effects......  At the confluence of Peach                  +146  Unincorporated Areas of
                                        Creek and Lawrence Creek.                         Montgomery County.
                                       Approximately 1,500 feet                    +191
                                        downstream of Walker Road
                                        and Lawrence Creek.
Little Caney Creek No. 3 Flooding      Approximately 2,800 feet                    +223  Unincorporated Areas of
 Effects.                               downstream from Mount Mariah                      Montgomery County.
                                        Road.
                                       Approximately 4,300 feet                    +228
                                        upstream of Mount Mariah
                                        Road..
Little Lake Creek Flooding Effects...  At the confluence of Little                 +202  Unincorporated Areas of
                                        Lake Creek Tributary No. 6                        Montgomery County.
                                        and Little Lake Creek.
                                       Just upstream of FM1097                     +305
                                        County Highway.
Mares Branch Flooding Effects........  At the confluence of Peach                   +96  Unincorporated Areas of
                                        Creek and Mares Branch.                           Montgomery County.
                                       Approximately 7,000 feet                     +98
                                        upstream of the confluence
                                        of Peach Creek and Mares
                                        Branch.
McRae Creek Flooding Effects.........  At the confluence of Caney                  +184  Unincorporated Areas of
                                        Creek and McRae Creek.                            Montgomery County.
                                       Approximately 9,850 feet                    +335
                                        upstream of Tanyard Road.
Mill Creek Flooding Effects and its    At the confluence of Spring                 +156  Unincorporated Areas of
 Tributaries.                           Creek and Mill Creek.                             Montgomery County.
                                       Just upstream of unnamed                    +172
                                        Railroad.
                                       At the confluence of                        +190
                                        Tributary No. 2 and Mill
                                        Creek.
                                       At the confluence of Mill                   +214
                                        Creek Tributary No. 6.
Mink Branch Flooding Effects.........  At the confluence of Walnut                 +189  Unincorporated Areas of
                                        Creek and Mink Branch.                            Montgomery County.
                                       At the confluence of Arnold                 +203
                                        Branch and Mink Branch.

[[Page 44710]]

 
                                       Approximately 1,500 feet                    +249
                                        downstream of Old Hempstead
                                        Road.
Orton Gully Flooding Effects.........  At the confluence of East                    +72  Unincorporated Areas of
                                        Fork of San Jacinto River                         Montgomery County.
                                        and Orton Gully.
                                       Approximately 750 feet                       +91
                                        upstream of Cambridge
                                        Boulevard..
Panther Branch Flooding Effects......  At the confluence of Spring                 +108  City of Conroe, Town of
                                        Creek and Panther Branch.                         Shenandoah,
                                                                                          Unincorporated Areas
                                                                                          of Montgomery County.
                                       Just upstream of Magnolia                   +181
                                        Conroe Road.
                                       Just upstream of FM 1488                    +191
                                        County Highway.
Peach Creek..........................  Approximately 1,375 feet                     +85  Town of Roman Forest.
                                        downstream of Roman Forest
                                        Boulevard.
                                       Approximately 425 feet                       +86
                                        upstream of Roman Forest
                                        Boulevard.
Peach Creek Flooding Effects and its   At the confluence of Caney                   +70  City of Splendora,
 Tributaries.                           Creek and Peach Creek.                            Unincorporated Areas
                                                                                          of Montgomery County,
                                                                                          Village of Patton
                                                                                          Village, Village of
                                                                                          Woodbranch.
                                       Approximately 15,000 feet                   +164
                                        upstream of the confluence
                                        with Duck Creek and Peach
                                        Creek.
                                       Approximately 17,000 feet                   +340
                                        upstream of the confluence
                                        with Peach Creek Tributary
                                        No. 3 and Peach Creek.
                                       Approximately 16,500 feet                   +367
                                        upstream of the confluence
                                        with Peach Creek.
Pole Creek Flooding Effects..........  At the confluence with Little               +239  Unincorporated Areas of
                                        Lake Creek and Pole Creek.                        Montgomery County.
                                       Approximately 10,000 feet                   +297
                                        upstream of Martha Williams
                                        Road.
Sand Branch No. 2 Flooding Effects...  At the confluence with Little               +243  Unincorporated Areas of
                                        Lake Creek and Sand Branch                        Montgomery County.
                                        No. 2.
                                       Approximately 18,000 feet                   +314
                                        upstream of the confluence
                                        with Little Lake Creek and
                                        Sand Branch No. 2.
Silverdale Creek Flooding Effects....  At the confluence of West                   +126  City of Conroe,
                                        Fork of San Jacinto River                         Unincorporated Areas
                                        and Silverdale Creek.                             of Montgomery County.
                                       Just upstream of Wagers                     +187
                                        Street.
Spring Branch Flooding Effects.......  At the confluence of Carney                  +95  Unincorporated Areas of
                                        Creek and Spring Branch.                          Montgomery County.
                                       Approximately 2,600 feet                    +176
                                        upstream of East Old Highway
                                        105 Road.
Spring Branch No. 2 Flooding Effects.  Approximately 1,500 feet                    +202  Unincorporated Areas of
                                        upstream from the confluence                      Montgomery County.
                                        with Landrum Creek and
                                        Spring Branch No. 2.
                                       Just upstream of Spring                     +264
                                        Branch Road.
Spring Creek Flooding Effects into     At the confluence of Spring                 +100  City of Oak Ridge
 Sam Bell Gully Diversion Channel.      Creek and Sam Bell Gully.                         North, Unincorporated
                                                                                          Areas of Montgomery
                                                                                          County.
                                       At the confluence of Sam Bell               +117
                                        Gully Tributary Diversion
                                        Channel and Spring Creek.
                                       Approximately 1,150 feet                    +136
                                        upstream from Woodson Road.
Spring Creek, its Tributaries,         At the confluence of West                    +67  City of Houston,
 intermittent Streams and Flooding      Fork of San Jacinto River                         Unincorporated Areas
 Effects for areas north of Spring      and Spring Creek.                                 of Montgomery County.
 Creek.
                                       At the confluence of Sam Bell               +100
                                        Gully Diversion Channel and
                                        Spring Creek.
                                       At the confluence of Mill                   +156
                                        Creek and Spring Creek.
                                       At the confluence of Walnut                 +169
                                        Creek and Spring Creek.
Stewart Creek Flooding Effects.......  Approximately 330 feet                      +148  City of Conroe, City of
                                        upstream of SH 336.                               Panorama Village,
                                                                                          Unincorporated Areas
                                                                                          of Montgomery County.
                                       At the confluence of Stewarts               +208
                                        Creek Tributary No. 1 and
                                        Stewarts Creek.

[[Page 44711]]

 
                                       Approximately 4,000 feet                    +292
                                        upstream of FM 830 County
                                        Highway.
Sulphur Branch Flooding Effects......  At the confluence of Walnut                 +178  City of Stagecoach,
                                        Creek and Sulphur Branch.                         Town of Magnolia,
                                                                                          Unincorporated Areas
                                                                                          of Montgomery County.
                                       Just upstream of Greek Oak                  +218
                                        Road.
                                       Approximately 75 feet                       +273
                                        downstream from Magnolia
                                        Conroe Street.
Threemile Creek Flooding Effects.....  At the confluence of Brushy                 +208  Unincorporated Areas of
                                        Creek and Threemile Creek.                        Montgomery County.
                                       Approximately 4,300 feet                    +211
                                        upstream from the confluence
                                        of Brushy Creek and
                                        Threemile Creek.
Walnut Creek Flooding Effects........  At the confluence of Spring                 +168  City of Stagecoach,
                                        Creek and Walnut Creek.                           Unincorporated Areas
                                                                                          of Montgomery County.
                                       At the confluence of Mink                   +189
                                        Branch and Walnut Creek.
                                       At the confluence of Log                    +195
                                        Gully and Walnut Creek.
                                       Approximately 3,200 feet                    +223
                                        upstream from unnamed
                                        Tributary.
West Fork of Spring Branch Flooding    At the confluence of Spring                 +129  Unincorporated Areas of
 Effects.                               Branch and West Fork of                           Montgomery County.
                                        Spring Branch.
                                       Approximately 3,300 feet                    +191
                                        upstream of Pine Road.
White Oak Creek Flooding Effects.....  Approximately 20,000 feet                    +67  Unincorporated Areas of
                                        downstream of unnamed                             Montgomery County.
                                        Railroad.
                                       Approximately 5,100 feet                     +80
                                        downstream of unnamed
                                        Railroad.
Woodsons Gully Flooding Effects......  At the confluence of West                    +78  Unincorporated Areas of
                                        Fork of San Jancinto River                        Montgomery County.
                                        and Woodsons Gully.
                                       Approximately 15,100 feet                   +111
                                        upstream of Riley Fuzzel
                                        Road..
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES
 
City of Conroe
Maps are available for inspection at 300 West Davis, Conroe, TX 77301.
 
City of Cut 'N Shoot
Maps are available for inspection at 14391 East Highway 105, Cut 'N Shoot, TX 77303.
 
City of Houston
Maps are available for inspection at 611 Walker Road, Houston, TX 77002.
 
City of Oak Ridge North
Maps are available for inspection at 27326 Robinson Road, Suite 115, Conroe, TX 77385.
 
City of Panorama Village
Maps are available for inspection at 98 Hiwon Drive, Panorama Village, TX 77304.
 
City of Splendora
Maps are available for inspection at 16940 Main Street, Splendora, TX 77372.
 
City of Stagecoach
Maps are available for inspection at 16022 Westward Ho, Mongolia Texas, TX 77355.
 
City of Willis
Maps are available for inspection at 200 North Bell Street, Willis, TX 77378.
 
Town of Magnolia
Maps are available for inspection at 510 Magnolia Boulevard, Magnolia, TX 77356.
 
Town of Roman Forest
Maps are available for inspection at 2430 Roman Forest Boulevard, New Caney, TX 77357.
 
Town of Shenandoah
Maps are available for inspection at 29955 I-45 North, Shenandoah, TX 77381.
 
                                    Unincorporated Areas of Montgomery County
Maps are available for inspection at 301 North Thompson, Suite 210, Conroe, TX 77301.
 
Village of Patton Village
Maps are available for inspection at 16940 Main Street, Splendora, TX 77372.
 
Village of Woodbranch
Maps are available for inspection at 58A Woodbranch Drive, New Caney, TX 77357.
----------------------------------------------------------------------------------------------------------------


[[Page 44712]]

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

    Dated: July 11, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2014-18291 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-12-P