38212 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

within a 500-foot radius of a shoreside

fireworks display in approximate

position 37°(29.20′ N, 076° 18.50′ W.

(b) Captain of the Port. Captain of the

Port means the Commanding Officer of

the Marine Safety Office Hampton

Roads, Norfolk, VA or any Coast Guard

commissioned, warrant, or petty officer

who has been authorized to act on his

behalf.

(c) Regulations: (1) All persons are

required to comply with the general

regulations governing safety zones

found in section 165.23 of this part.

(2) Persons or vessels requiring entry

into or passage through this safety zone

must first request authorization from the

Captain of the Port. The Coast Guard

representative enforcing the safety zone

can be contacted on VHF marine band

radio, channels 13 and 16. The Captain

of the Port can be contacted at telephone

number (757) 484–8192.

(3) The Captain of the Port will notify

the public of changes in the status of

this safety zone by marine information

broadcast on VHF marine band radio,

channel 22 (157.1 MHz).

(d) Effective Date: This section is in

effect from 9 p.m. until 10 p.m. on July

4, 2000.

Dated: June 6, 2000.

J. E. Schrinner,

Captain, U.S. Coast Guard, Captain of the

Port Hampton Roads.

[FR Doc. 00–15518 Filed 6–19–00; 8:45 am]

BILLING CODE 4910–15–U

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1-percent-annualchance) flood elevations and modified

base flood elevations are made final for

the communities listed below. The base

flood elevations and modified base

flood elevations 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).

EFFECTIVE DATE: The date of issuance of

the Flood Insurance Rate Map (FIRM)

showing base flood elevations and

modified base flood elevations for each

community. This date may be obtained

by contacting the office where the FIRM

is available for inspection as indicated

in the table below.

ADDRESSES: The final base flood

elevations 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:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes final determinations listed below

of base flood elevations and modified

base flood elevations for each

community listed. The proposed base

flood elevations and proposed modified

base flood elevations were published in

newspapers of local circulation and an

opportunity for the community or

individuals to appeal the proposed

determinations to or through the

community was provided for a period of

ninety (90) days. The proposed base

flood elevations and proposed modified

base flood elevations were also

published in the Federal Register.

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 base flood elevations and

modified base flood elevations are made

final in the communities listed below.

Elevations at selected locations in each

community are shown.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because final or modified

base flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and are required to

establish and maintain community

eligibility in the NFIP. No regulatory

flexibility analysis has been prepared.

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 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

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 to read as follows:

PART 67—[AMENDED]

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.

§ 67.11 [Amended]

2. The tables published under the

authority of § 67.11 are amended as

follows:

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

IOWA

Harrison County (Unincorporated Areas) (FEMA

Docket No. 7302)

Missouri River:

Approximately 20,000 feet

downstream of Highway 30 *1,005

Approximately 10,000 feet

upstream of 120th Street .. *1,032

Maps are available for inspection at the Harrison

County, Emergency Management Agency, 116 North 2nd

Avenue, Logan, Iowa.

———

Polk County (Unincorporated Areas) (FEMA

Docket No. 7306)

Beaver Creek:

At mouth (approximately

3,950 feet downstream

from Northwest Beaver

Drive .................................. *805

Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38213

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

Approximately 950 feet

downstream from Northwest Beaver Drive ............. *806

Approximately 5,650 feet upstream of Northwest Beaver Drive ............................ *810

Maps are available for inspection at the Planning Division, 5895 NE 14th Street,

Des Moines, Iowa.

KANSAS

Holton (City), Jackson

County (FEMA Docket No.

7306)

Banner Creek:

At Union Pacific Railroad ...... *1,017

At ‘‘P’’ Road .......................... *1,035

Maps are available for inspection at City Hall, 430

Pennsylvania Avenue, Holton, Kansas.

———

Jackson County (Unincorporated Areas) (FEMA

Docket No. 7306)

Banner Creek:

At its confluence with Elk

Creek ................................. *1,002

At ‘‘M’’ Road .......................... *1,092

Maps are available for inspection at the Planning and

Zoning Office, 500 Illinois Avenue, Holton, Kansas.

Reno County and Incorporated Areas (FEMA

Docket No. 7306)

Arkansas River:

Just downstream of State

Route 50 ............................ *1,517

Just downstream of Union

Pacific Railroad ................. *1,523

Unnamed Tributary to Sand

Creek:

Just upstream of U.S. Highway 50 ............................... *1,519

Just downstream of Main

Street ................................. *1,531

Maps are available for inspection at the Public Works

Department, 206 W. 1st Avenue, Hutchinson, Kansas.

Maps are available for inspection at City Hall, 2

South Main, South Hutchinson, Kansas.

Maps are available for inspection at the Planning Department, 125 E. Avenue B,

Hutchinson, Kansas.

NEVADA

Mineral County (Unincorporated Areas) (FEMA

Docket No. 7302)

Corey Creek:

Approximately 50 feet downstream of U.S. Highway 95 *4,253

Approximately 3.6 miles upstream of 1st Street in

Hawthorne ......................... *5,028

Corey Creek Overflow:

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

Approximately 500 feet upstream of State Highway

359 ..................................... *4,858

Approximately 1,500 feet upstream of State Highway

359 ..................................... *4,906

Maps are available for inspection at the Mineral

County Courthouse, Clerk

and Treasurer’s Office, Corner of 1st and A Street, Hawthorne, Nevada.

OKLAHOMA

Roger Mills County and Incorporated Areas (FEMA

Docket No. 7306)

White Shield Creek Tributary

‘‘B’’:

At its confluence with White

Shield Creek ...................... *1,737

Approximately 150 feet upstream of Steele Street ..... *1,778

White Shield Creek:

At State Route 34 ................. *1,702

Approximately 50 feet upstream from Steele Street *1,754

Memorial Park Tributary:

At its confluence with Sergeant Major Creek ............. *1,938

Approximately 884 feet upstream from U.S. Highway

283 (Main Street) .............. *1,977

Dry Creek:

At its confluence with Sergeant Major Creek ............. *1,941

Approximately 8,400 feet upstream of confluence with

Sergeant Major Creek ....... *1,985

Sergeant Major Creek:

At its confluence with

Washita River .................... *1,923

Approximately 8,600 feet upstream from confluence

with Dry Creek ................... *1,974

Washita River:

At State Route 34 ................. *1,703

Approximately 16,800 feet

upstream from its confluence with Sergeant

Major Creek ....................... *1,949

Maps are available for inspection at the County

Courthouse, Llmales and

Broadway Avenue, Cheyenne, Oklahoma.

Maps are available for inspection at City Hall, 714

Main Street, Hammon, Oklahoma.

Maps are available for inspection at City Hall, 317 N.

Broadway, Cheyenne, Oklahoma.

OREGON

Clackamas County (Unincorporated Areas) (FEMA

Docket No. 7302)

Tickle Creek:

Approximately 2,600 feet

downstream of Southeast

362nd Avenue ................... *672

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

Approximately 2,350 feet upstream of Southeast 395th

Avenue .............................. *1,011

Maps are available for inspection at the Clackamas

County Department of Transportation and Development,

902 Abernathy Road, Oregon

City, Oregon.

———

Sandy (City), Clackamas

County (FEMA Docket No.

7302)

Tickle Creek:

Approximately 1,980 feet

downstream of 362nd Avenue ..................................... *684

Approxiamtely 1,620 feet upstream of Highway 211 ..... *946

Maps are available for inspection at the Planning and

Development Department,

39250 Pioneer Boulevard,

Sandy, Oregon.

TEXAS

Kerr County and Incorporated Areas (FEMA

Docket No. 7278)

Stream TC–1:

Approximately 2,300 feet

downstream of Interstate

Highway 10 ........................ *1,662

Just upstream of Interstate

Highway 10 ........................ *1,718

Stream QC–2:

Just downstream of State

Highway 16 ........................ *1,706

Just upstream of Interstate

Highway 10 ........................ *1,761

Stream QC–1:

Just upstream of Leslie Road *1,688

Approximately 200 feet upstream of Interstate Highway 10 ............................... *1,801

Quinlan Creek:

Just upstream of State Highway 27 ............................... *1,606

Approximately 900 feet upstream of Interstate Highway 10 ............................... *1,719

Town Creek:

Just upstream of State Highway 27 ............................... *1,624

Approximately 200 feet

downstream of Schreiner

Road .................................. *1,630

Approximately 900 feet upstream of Interstate Highway 10 ............................... *1,689

Elm Creek:

Approximately 600 feet upstream of Goat Creek

Road .................................. *1,649

Approximately 800 feet upstream of Laurel Wood

Drive .................................. *1,764

Camp Meeting Creek:

Approximately 500 feet

downstream of Preston

Trail .................................... *1,592

Approximately 2,100 feet upstream of Southway Drive *1,699

38214 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

Maps are available for inspection at the Upper Guadalupe River Authority, 125

Lehmann Drive, Kerrville,

Texas.

Maps are available for inspection at the City of

Kerrville, 800 Junction Highway, Kerrville, Texas.

WASHINGTON

Clark County (Unincorporated Areas) (FEMA

Docket No. 7250)

East Fork Lewis River:

Approximately 17,000 feet

downstream of Daybreak

Road .................................. *32

Approximately 400 feet

downstream of Daybreak

Road .................................. *75

Maps are available for inspection at the Clark County

Department of Community

Development, Development

Services Division, Office of

Engineering Review, 1408

Franklin Street, Vancouver,

Washington.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: June 14, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 00–15503 Filed 6–19–00; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 51

[CC Docket No. 96–98; FCC 00–183]

Clarification of the Commission’s

Rules Regarding Use of Combinations

of Unbundled Network Elements To

Provide Exchange Access Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule; clarification.

SUMMARY: This document clarifies

certain requirements regarding the

obligation of incumbent local exchange

carriers to provide combinations of

unbundled network elements to

competitive telecommunications

carriers for the provision of exchange

access service. This action is needed to

clarify the requirements that the

Commission adopted in the

Supplemental Order in this docket, and

is also intended to provide the

telecommunications industry with more

clearly defined standards for using such

combinations.

DATES: Effective June 20, 2000.

FOR FURTHER INFORMATION CONTACT:

Jodie Donovan, Attorney Advisor,

Policy and Program Planning Division,

Common Carrier Bureau, (202) 418–

1580.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Supplemental Order Clarification in CC

Docket No. 96–98, FCC 00–183, adopted

May 19, 2000 and released June 2, 2000.

On November 5, 1999, the Commission

released the Third Report and Order and

Fourth Further Notice of Proposed

Rulemaking (FNPRM) in this docket (65

FR 2367, Jan. 14, 2000; 65 FR 2542, Jan.

18, 2000). On November 24, 1999, the

Commission released a Supplemental

Order (65 FR 2367, 2368, Jan. 14, 2000;

65 FR 2542, 2547, Jan. 18, 2000) that

modified the Third Report and Order

and Fourth FNPRM with regard to the

ability of requesting carriers to use

combinations of unbundled network

elements to provide exchange access

service prior to resolution of the Fourth

FNPRM. The Supplemental Order

Clarification clarifies certain

requirements contained in the

Supplemental Order. The complete text

of the Supplemental Order Clarification

is available for inspection and copying

during normal business hours in the

FCC Reference Information Center,

Courtyard Level, 445 12th Street, SW,

Washington, DC, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Services (ITS, Inc.), CY–B400, 445 12th

Street, SW, Washington, DC. It is also

available on the Commission’s website

at http://www.fcc.gov.

Synopsis of the Supplemental Order

Clarification

1. The Commission adopts a

Supplemental Order Clarification in CC

Docket No. 96–98 regarding the

obligation of incumbent local exchange

carriers (LECs) to provide access by

competitive LECs to unbundled looptransport combinations for the provision

of exchange access service. This order is

needed to clarify certain requirements

that the Commission adopted in the

Supplemental Order in this docket (65

FR 2542, 2547, Jan. 18, 2000).

2. In particular, this document

extends the temporary constraint

identified in the Supplemental Order in

CC Docket No. 96–98 while the

Commission compiles an adequate

record in the Fourth FNPRM (65 FR

2367, Jan. 14, 2000) regarding the ability

of requesting carriers to use unbundled

loop-transport combinations as a

substitute for the incumbent LECs’

special access service. Until the

Commission resolves the issues in the

Fourth FNPRM, interexchange carriers

(IXCs) may not substitute an incumbent

LEC’s unbundled loop-transport

combinations for special access services

unless they provide a significant

amount of local exchange service, in

addition to exchange access service, to

a particular customer. This temporary

constraint does not apply to stand-alone

loops. By issuing the Supplemental

Order Clarification, the Commission

does not decide any of the substantive

issues contained in the Fourth FNPRM.

3. The primary issue on which the

Commission must build an adequate

record concerns its identification of the

network elements that ‘‘should be made

available’’ for purposes of 47 U.S.C.

section 251(d)(2). In considering

whether loop-transport combinations

meet the ‘‘impair’’ standard in section

251(d)(2), the Commission must

determine whether the local exchange

and exchange access markets, although

legally distinct, are otherwise

interrelated from an economic and

technological perspective, such that a

finding that a network element meets

the ‘‘impair’’ standard for the local

exchange market would itself entitle

competitors to use that network element

solely or primarily in the exchange

access market. Unless the Commission

finds that these markets are inextricably

interrelated in these other respects, it is

unlikely that Congress intended to

compel the Commission, once it

determines that a network element

meets the ‘‘impair’’ standard for the

local exchange market, to grant

competitors access—for that reason

alone, and without further inquiry—to

that same network element solely or

primarily for use in the exchange access

market.

4. The Commission extends the

temporary constraint so that it may take

into account the market effects of its

new unbundling rules (65 FR 2542, Jan.

18, 2000) as it conducts its ‘‘impair’’

analysis for special access service, and

must allow a meaningful period of time

to elapse from the date on which those

new rules became effective. The

Commission will therefore issue a

Public Notice in early 2001 to gather

evidence on this issue so that it may

then resolve it expeditiously. In

addition, the Commission and the

parties need more time to evaluate the

issues raised in the record in the Fourth

FNPRM.

5. To reduce uncertainty for

incumbent LECs and requesting carriers

and to maintain the status quo while the

Commission reviews the issues