Federal Register/Vol. 73, No. 187/Thursday, September 25, 2008
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55442 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations Executive Order 12866 ACTION: Final rule. modified BFEs are made final in the communities listed below. Elevations at This amendment is exempt from SUMMARY: Base (1% annual chance) selected locations in each community review under Executive Order 12866, Flood Elevations (BFEs) and modified are shown. but has been reviewed internally by the BFEs are made final for the Department of State to ensure communities listed below. The BFEs National Environmental Policy Act. consistency with the purposes thereof. and modified BFEs are the basis for the This final rule is categorically excluded Paperwork Reduction Act floodplain management measures that from the requirements of 44 CFR part each community is required either to 10, Environmental Consideration. An This rule does not impose any new adopt or to show evidence of being environmental impact assessment has reporting or recordkeeping requirements already in effect in order to qualify or subject to the Paperwork Reduction Act, not been prepared. remain qualified for participation in the 44 U.S.C. Chapter 35. Regulatory Flexibility Act. As flood National Flood Insurance Program elevation determinations are not within List of Subjects in 22 CFR Part 126 (NFIP). the scope of the Regulatory Flexibility Arms and munitions, Exports. DATES: The date of issuance of the Flood Act, 5 U.S.C. 601–612, a regulatory ■ Accordingly, for the reasons set forth Insurance Rate Map (FIRM) showing flexibility analysis is not required. above, Title 22, Chapter I, Subchapter BFEs and modified BFEs for each Regulatory Classification. This final M, Part 126 is amended as follows: community. This date may be obtained by contacting the office where the maps rule is not a significant regulatory action PART 126—GENERAL POLICIES AND are available for inspection as indicated under the criteria of section 3(f) of PROVISIONS on the table below. Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, ■ ADDRESSES: The final BFEs for each 1. The authority citation for Part 126 58 FR 51735. continues to read as follows: community are available for inspection at the office of the Chief Executive Executive Order 13132, Federalism. Authority: Secs. 2, 38, 40, 42 and 71, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, Officer of each community. The This final rule involves no policies that 2780, 2791 and 2797); E.O. 11958, 42 FR respective addresses are listed in the have federalism implications under 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. table below. Executive Order 13132. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR FOR FURTHER INFORMATION CONTACT: Executive Order 12988, Civil Justice 28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, William R. Blanton, Jr., Engineering Pub. L. 108–375. Reform. This final rule meets the Management Branch, Mitigation applicable standards of Executive Order § 126.1 [Amended] Directorate, Federal Emergency 12988. ■ Management Agency, 500 C Street, SW., 2. In § 126.1: Washington, DC 20472, (202) 646–3151. List of Subjects in 44 CFR Part 67 ■ A. Remove paragraph (c)(8). SUPPLEMENTARY INFORMATION: The ■ B. Redesignate paragraphs (c)(9), Administrative practice and (c)(10), and (c)(11) as paragraphs (c)(8), Federal Emergency Management Agency (FEMA) makes the final determinations procedure, Flood insurance, Reporting (c)(9), and (c)(10), respectively. and recordkeeping requirements. ■ C. Remove and reserve paragraph (h). listed below for the modified BFEs for each community listed. These modified ■ Dated: September 11, 2008. Accordingly, 44 CFR part 67 is elevations have been published in amended as follows: John C. Rood, newspapers of local circulation and Acting Under Secretary for Arms Control and ninety (90) days have elapsed since that PART 67—[AMENDED] International Security, Department of State. publication. The Assistant [FR Doc. E8–22578 Filed 9–24–08; 8:45 am] Administrator of the Mitigation ■ 1. The authority citation for part 67 BILLING CODE 4710–25–P Directorate has resolved any appeals continues to read as follows: resulting from this notification. Authority: 42 U.S.C. 4001 et seq.; This final rule is issued in accordance Reorganization Plan No. 3 of 1978, 3 CFR, DEPARTMENT OF HOMELAND with section 110 of the Flood Disaster SECURITY 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Protection Act of 1973, 42 U.S.C. 4104, 3 CFR, 1979 Comp., p. 376. and 44 CFR part 67. FEMA has Federal Emergency Management developed criteria for floodplain § 67.11 [Amended] Agency management in floodprone areas in accordance with 44 CFR part 60. ■ 2. The tables published under the 44 CFR Part 67 Interested lessees and owners of real authority of § 67.11 are amended as follows: Final Flood Elevation Determinations property are encouraged to review the proof Flood Insurance Study and FIRM AGENCY: Federal Emergency available at the address cited below for Management Agency, DHS. each community. The BFEs and VerDate Aug<31>2005 15:11 Sep 24, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1 erowe on PROD1PC64 with RULES Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 55443 *Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected #Depth in feet above ground modified Furnas County, Nebraska, and Incorporated Areas FEMA Docket No.: B–7747 Medicine Creek ......................... Approximately 0.17 mile downstream of U.S. Highway 6 .. +2257 City of Cambridge, Unincor- porated Areas of Furnas County. Approximately 300 feet upstream of Road 409 .................. +2270 Republican River ...................... Approximately 3.18 miles downstream of State Highway +2243 City of Cambridge, Unincor- 47. porated Areas of Furnas County. Approximately 480 feet upstream of State Highway 47 ..... +2263 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Cambridge Maps are available for inspection at 722 Patterson Avenue, Cambridge, NE 69022. Unincorporated Areas of Furnas County Maps are available for inspection at 912 R Street, Beaver City, NE 68926. Wilkes County, North Carolina and Incorporated Areas Docket No.: FEMA–B–7763 Beaver Creek ............................ At the confluence with Yadkin River ................................... +1,079 Unincorporated Areas of Wilkes County. Approximately 750 feet upstream of Caldwell/Wilkes +1,228 County boundary. Beaver Creek Tributary 1 ......... At the confluence with Beaver Creek ................................. +1,084 Unincorporated Areas of Wilkes County. Approximately 0.7 mile upstream of the confluence with +1,100 Beaver Creek. Beaver Creek Tributary 2 ......... At the confluence with Beaver Creek ................................. +1,153 Unincorporated Areas of Wilkes County. Approximately 590 feet upstream of Livingston Road +1,169 (State Road 1130). Beaver Creek Tributary 3 ......... At the confluence with Beaver Creek ................................. +1,159 Unincorporated Areas of Wilkes County. Approximately 0.7 mile upstream of the confluence with +1,190 Beaver Creek. Big Branch ................................ At the confluence with Middle Prong Roaring River ........... +1,300 Unincorporated Areas of Wilkes County. Approximately 1,080 feet upstream of Moxley Road (State +1,350 Road 1735). Big Bugaboo Creek .................. At the confluence with Yadkin River ................................... +926 Unincorporated Areas of Wilkes County. Approximately 0.9 mile upstream of the confluence of Big +1,213 Bugaboo Creek Tributary 1. Big Bugaboo Creek Tributary 1 At the confluence with Big Bugaboo Creek ........................ +1,183 Unincorporated Areas of Wilkes County. Approximately 2,000 feet upstream of the confluence with +1,207 Big Bugaboo Creek. Big Sandy Creek ....................... At the confluence with East Prong Roaring River .............. +1,226 Unincorporated Areas of Wilkes County. Approximately 1,270 feet upstream of Traphill-Brown +1,323 Road (State Road 1741). Big Warrior Creek ..................... At the confluence with Warrior Creek ................................. +1,085 Unincorporated Areas of Wilkes County. Approximately 1.8 miles upstream of the confluence of +1,275 Big Warrior Creek Tributary 1. Big Warrior Creek Tributary 1 .. At the confluence with Big Warrior Creek ........................... +1,128 Unincorporated Areas of Wilkes County. Approximately 0.8 mile upstream of the confluence with +1,237 Big Warrior Creek. Blood Creek .............................. At the confluence with Warrior Creek ................................. +1,075 Unincorporated Areas of Wilkes County. VerDate Aug<31>2005 15:11 Sep 24, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1 erowe on PROD1PC64 with RULES 55444 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations *Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected #Depth in feet above ground modified Approximately 1,990 feet upstream of Walsh Town Road +1,081 (State Road 1119). Brier Creek ................................ At the confluence with Yadkin River ................................... +933 Unincorporated Areas of Wilkes County. Approximately 1,370 feet upstream of Ranse Staley Road +1,039 (State Road 2325). Brier Creek Tributary 1 ............