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. 

SUPPLEMENTARY INFORMATION: 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. 

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 

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: 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 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. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Communities affected 

Effective Modified 

Barnstable County, Massachusetts (All Jurisdictions) 

Atlantic Ocean ....................... Along the shoreline at the south end of Ocean View 

Drive.

+9 +14 Town of Chatham, Town 

of Eastham, Town of

Orleans, Town of 

Provincetown, Town of 

Truro. 

Along the shoreline, approximately 1,200 feet south of 

the projection of Beach Road.

+12 +14 

Buzzards Bay ........................ Along the shoreline, approximately 130 feet west of 

the intersection of County Road and Pine Bank 

Road.

+18 +21 Town of Falmouth. 

Cape Cod Bay ...................... Along the shoreline at the intersection of Commercial 

Street and Conway Street.

None +9 Town of Provincetown, 

Town of Barnstable, 

Town of Brewster, Town 

of Sandwich, Town of 

Truro, Town of Wellfleet. 

Along the shoreline at the intersection of Ellis Landing 

Road and Captain Dunbar Road.

None +17 

Nantucket Sound .................. Along the shoreline approximately 550 feet south of 

the intersection of Chase Avenue and Belmont 

Road.

+10 +14 Town of Barnstable, Town 

of Chatham, Town of 

Dennis, Town of Harwich, Town of Yarmouth. 

Along the shoreline, approximately 750 feet west of 

the Parker’s River western jetty.

None +15 

* 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. 


sroberts on DSKD5P82C1PROD with PROPOSALS
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) 

Communities affected 

Effective 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 

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, 

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 

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 


sroberts on DSKD5P82C1PROD with PROPOSALS