10466 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

(3) A decision that will be final for the 

Department unless a notice of appeal is 

filed in accordance with § 4.411. 

(b) The administrative law judge will 

promptly send to the Board the record 

and: 

(1) The proposed findings; 

(2) The recommended decision; or 

(3) The final decision if a timely 

notice of appeal is filed. 

(c) The parties will have 30 days from 

service of proposed findings or a 

recommended decision to file 

exceptions with the Board. 

14. Revise § 4.478(a) to read as 

follows: 

§ 4.478 Appeals to the Board of Land 

Appeals; judicial review. 

(a) Any person who has a right of 

appeal under § 4.410 or other applicable 

regulation may appeal to the Board from 

an order of an administrative law judge 

granting or denying a petition for a stay 

in accordance with § 4.411. 

* * * * * 

Subpart L—Special Rules Applicable 

to Surface Mining Hearings and 

Appeals 

15. The authority citation for Part 4, 

Subpart L, continues to read as follows: 

Authority: 30 U.S.C. 1256, 1260, 1261, 

1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 

301 

16. Add § 4.1117 to subpart L to read 

as follows: 

§ 4.1117 Reconsideration. 

A party may file a petition for 

reconsideration of any decision of the 

Board under this subpart within 60 days 

after the date of the decision. The 

provisions of § 4.403 apply to a petition 

filed under this paragraph. 

17. Revise § 4.1270(f) to read as 

follows: 

§ 4.1270 Petition for discretionary review 

of a proposed civil penalty. 

* * * * * 

(f) If the petition is granted, the rules 

in §§ 4.1273 through 4.1275 are 

applicable, and the Board must use the 

point system and conversion table 

contained in 30 CFR part 723 or 845 in 

recalculating assessments. However, the 

Board has the same authority to waive 

the civil penalty formula as that granted 

to administrative law judges in 

§ 4.1157(b)(1). If the petition is denied, 

the decision of the administrative law 

judge is final for the Department, subject 

to § 4.5. 

§ 4.1276 [Removed] 

18. Remove § 4.1276. 

19. Revise § 4.1286 to read as follows: 

§ 4.1286 Motion for a hearing on an appeal 

involving issues of fact. 

(a) Any party may file a motion that 

the Board refer a case to an 

administrative law judge for a hearing. 

The motion must state: 

(1) What specific material issues of 

fact require a hearing; 

(2) What evidence concerning these 

issues must be presented by oral 

testimony, or be subject to crossexamination; 

(3) What witnesses need to be 

examined; and 

(4) What documentary evidence 

requires explanation, if any. 

(b) In response to a motion under 

paragraph (a) of this section or on its 

own initiative, the Board may order a 

hearing if: 

(1) There are any material issues of 

fact which, if proven, would alter the 

disposition of the appeal; or 

(2) There are significant factual or 

legal issues remaining to be decided and 

the record without a hearing would be 

insufficient for resolving them. 

(c) If the Board orders a hearing, it 

must: 

(1) Specify the issues of fact upon 

which the hearing is to be held; and 

(2) Request the administrative law 

judge to issue: 

(i) Proposed findings of fact on the 

issues presented at the hearing; 

(ii) A recommended decision that 

includes findings of fact and 

conclusions of law; or 

(iii) A decision that will be final for 

the Department unless a notice of 

appeal is filed in accordance with 

§ 4.411 within 30 days of the date of 

receipt of the decision. 

(d) If the Board orders a hearing, it 

may: 

(1) Suspend the effectiveness of the 

decision under review pending a final 

Departmental decision on the appeal if 

it finds good cause to do so; 

(2) Authorize the administrative law 

judge to specify additional issues; or 

(3) Authorize the parties to agree to 

additional issues that are material, with 

the approval of the administrative law 

judge. 

(e) The hearing will be conducted 

under §§ 4.1100, 4.1102 through 4.1115, 

4.1121 through 4.1127, and 4.1130 

through 4.1141. 

[FR Doc. E7–3774 Filed 3–7–07; 8:45 am] 

BILLING CODE 4310–79–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–7710] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Technical information or 

comments are requested on the 

proposed Base (1% annual chance) 

Flood Elevations (BFEs) and proposed 

BFEs modifications for the communities 

listed below. The BFEs are the basis for 

the floodplain management measures 

that the 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 comment period is ninety 

(90) days following the second 

publication of this proposed rule in a 

newspaper of local circulation in each 

community. 

ADDRESSES: The proposed 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: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Division, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

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 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10467 

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. 

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. 

Regulatory Classification 

This proposed 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 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: 

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 table 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 Communities affected 

Effective Modified 

Del Norte County, California and Incorporated Areas 

Middle Fork Smith River ....... At the Confluence with Smith River ............................. None +360 Del Norte County (Unincorporated Areas). 

Approximately 1.8 miles Upstream of Horace Gasquet 

Memorial Bridge.

None +432 

Smith River (Gasquet 

Reach)—North Fork Smith 

River.

Approximately 300 feet Upstream of Mary Adams Memorial Road/US Highway 99.None +304 Del Norte County (Unincorporated Areas). 

Approximately 4000 feet Upstream of Confluence 

With Middle Fork Smith River.

None +379 

Smith River (Hiouchi Reach) Approximately 2000 feet Upstream of U.S. Highway 

101.

None +47 Del Norte County (Unincorporated Areas). 

Approximately 100 feet Downstream of South Fork 

Road.

None +152 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Del Norte County (Unincorporated Areas) 

Maps are available for inspection at 981 H Street, Suite 110, Crescent City, CA 95531. 

Send comments to The Honorable David Finigan, Chairperson, 981 H Street, Suite 200, Crescent City, CA 95531. 

Hopkins County, Kentucky and Incorporated Areas 

Clear Creek ........................... Approximately 1450 feet downstream of KY 2171 ...... None +399 City of Earlington, Hopkins 

County (Unincorporated 

Areas). 

Approximately 140 feet upstream of West Thompson 

Avenue.

None +418 

Clear Creek Tributary ........... Confluence with Clear Creek ....................................... None +405 City of Earlington.

Approximately 50 feet downstream of Loch Mary Reservoir.None +422 

Elk Creek .............................. Confluence with Pond River ......................................... None +387 Hopkins County (Unincorporated Areas). 

Approximately 8600 feet downstream of Brown Road None +387 

Approximately 750 feet downstream of Island Ford 

Road.

None +406 

Approximately 320 feet downstream of Fowler Road .. None +412 

Tributary 10.5 ................. Approximately 100 feet upstream of confluence with 

Elk Creek Tributary 5.1.

None +403 City of Madisonville, Hopkins County (Unincorporated Areas). 

Approximately 450 feet upstream of Island Park Drive None +425 


pwalker on PROD1PC71 with PROPOSALS
10468 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Tributary 4 ...................... Confluence with Elk Creek ........................................... None +412 City of Madisonville, Hopkins County (Unincorporated Areas). 

Approximately 120 feet downstream of Stagecoach 

Road.

None +439 

Tributary 5.1 ................... Approximately 1660 feet downstream of McGrew 

Lane.

None +400 City of Madisonville, Hopkins County (Unincorporated Areas). 

Approximately 170 feet upstream of Edward T. 

Breathitt Parkway.

None +426 

Otter Creek ........................... Confluence with Pond River ......................................... None +387 Hopkins County (Unincorporated Areas). 

Approximately 5300 feet upstream of Vandetta Road *386 +387 

Pleasant Run ........................ Approximately 580 feet downstream of North Hopkinsville Street.None +406 City of Nortonville. 

Approximately 1550 feet upstream of Seaboard System Railroad.None +411 

Pond River ............................ Confluence with Otter Creek ........................................ None +387 Hopkins County (Unincorporated Areas). 

Approximately 14,570 feet upstream of Anton Road ... None +387 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

City of Earlington 

Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. 

Send comments to The Honorable Michael Seiber, Mayor, City of Earlington, 103 West Main Street, Earlington, KY 42410. 

City of Madisonville 

Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. 

Send comments to The Honorable William Cox, Jr., Mayor, City of Madisonville, 37 East Center Street, Madisonville, KY 42431. 

City of Nortonville 

Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. 

Send comments to The Honorable James Noel, Mayor, City of Nortonville, 199 South Main Street, Nortonville, KY 42442. 

Hopkins County (Unincorporated Areas) 

Maps are available for inspection at 56 North Main Street, Madisonville, KY 42431. 

Send comments to The Honorable Donald Carroll, Judge Executive, Hopkins County, Hopkins County Government Building, P.O. Box 523, 

Madisonville, KY 42431. 

Webb County, Texas and Incorporated Areas 

Chacon Creek ....................... Confluence with Rio Grande ........................................ *387 +394 City of Laredo, Webb 

County (Unincorporated 

Areas). 

Approximately 2000 feet downstream from confluence 

with Casa Blanca Lake.

None +453 

Tributary 1 ...................... Confluence with Chacon Creek .................................... *387 +394 City of Laredo. 

Approximately 250 feet upstream from intersection 

with Chestnut.

*429 +422 

Tributary 2 ...................... Confluence with Chacon Creek .................................... *396 +394 City of Laredo, Webb

County (Unincorporated 

Areas). 

Approximately 1500 feet downstream from Loop 20 ... None +398 

Tributary 3 ...................... Confluence with Chacon Creek .................................... None +436 City of Laredo, Webb

County (Unincorporated 

Areas). 

Approximately 2500 feet upstream from the intersection with Highway 59.None +444 

Deer Creek ............................ Confluence with Rio Grande ........................................ None +411 City of Laredo. 

Intersection with Logistic Road .................................... None +476 

Dellwood Tributary (Previously Las Manadas 

Creek Tributary 1).

Confluence with Las Manadas Creek .......................... *402 +410 City of Laredo, Webb 

County (Unincorporated 

Areas). 

Approximately 2000 feet upstream from intersection 

with FM 3464.

None +486 

Las Manadas Creek .............. Confluence with Rio Grande ........................................ *402 +408 City of Laredo, Webb

County (Unincorporated 

Areas). 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10469 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Approximately 1750 feet upstream from intersection 

with Loop 20.

None +552 

Tributary 1 ...................... Confluence with Las Manadas Creek .......................... *403 +412 City of Laredo, Webb 

County (Unincorporated 

Areas). 

Approximately 200 feet upstream from Springfield 

Drive.

None +468 

Tributary 1A ................... Confluence with Las Manadas Creek Tributary 1 ........ None +430 City of Laredo. 

Approximately 1200 feet upstream from Dover/Stratford.None +464 

Tributary 2 (Formerly 

Las Manadas Creek 

Tributary 3).

Confluence with Las Manadas Creek .......................... *411 +418 City of Laredo, Webb 

County (Unincorporated 

Areas). 

Approximately 5050 feet upstream from intersection 

with FM 3464.

None +489 

Tributary 2A ................... Confluence with Las Manadas Creek Tributary 2 ........ None +447 City of Laredo. 

Approximately 3225 feet upstream from confluence 

with Las Manadas Creek Tributary 2.

None +459 

Rio Grande ............................ Approximately 1750 feet upstream from intersection 

with Riverhill Road.

None +391 City of Laredo, Webb 

County (Unincorporated 

Areas). 

Confluence with Deer Creek ........................................ None +411 

Tex-Mex Railroad Tributary .. Confluence with Chacon Creek .................................... *402 +400 City of Laredo, Webb 

County (Unincorporated 

Areas). 

Approximately 1250 feet upstream from intersection 

with Tex-Mex Railroad.

None +423 

Zacate Creek ........................ Approximately 250 feet downstream from the intersection with Mexican Railroad.*395 +396 City of Laredo. 

Confluence with Rio Grande ........................................ *388 +399 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

City of Laredo 

Maps are available for inspection at 1120 San Bernardo, Laredo, TX 78042. 

Send comments to The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houson Street, Laredo, TX 78040. 

Webb County (Unincorporated Areas) 

Maps are available for inspection at 1110 Washington Street, Suite 302, Laredo, TX 78040. 

Send comments to The Honorable Danny Valdez, County Judge, 1000 Houston, 3rd Flood, Webb County Courthouse, Laredo, TX 78040. 

Clark County, Washington and Incorporated Areas 

Burnt Bridge Creek ............... Just upstream of Interstate 205 ................................... *189 +192 Clark County (Unincorporated Areas). 

Approximately 1200 feet upstream of NE 152nd Avenue.*196 +200 City of Vancouver. 

China Ditch ........................... Just upstream of NE Ward Road ................................. None +252 Clark County (Unincorporated Areas). 

Approximately 2200 feet upstream of NE 144th Street None +275 

Curtin Creek (Glenwood 

Creek).

At confluence with Salmon Creek ................................ None +172 Clark County (Unincorporated Areas). 

Just upstream of Anderson Road ................................ None +260 

Dead Lake ............................. Near NE Everett Street/WA State Hwy 500 ................. None +191 Clark County (Unincorporated Areas). 

Near NE Lake Road ..................................................... None +191 

Fifth Plain Creek ................... Upstream side of NE 4th Plain Boulevard ................... None +215 Clark County (Unincorporated Areas). 

About 0.7 mile above NE Davis Road ......................... None +342 City of Vancouver. 

Gee Creek ............................. About 0.14 mile upstream of Main Street, at N Main 

Avenue in Ridgefield.

*25 +27 Clark County (Unincorporated Areas). 

Approximately 0.5 mile upstream of Interstate 5 ......... None +315 Town of Ridgefield. 

Lacamas Creek ..................... At confluence with Washougal River ........................... None +35 Clark County (Unincorporated Areas). 

Just downstream of NE Goodwin Road ....................... None +193 City of Camas. 

Lacamas Lake ....................... At SE Everett Road/WA State Hwy 500 ...................... None +191 Clark County (Unincorporated Areas). 

At NE 232nd Avenue/NE Leadbetter Road ................. None +191 


pwalker on PROD1PC71 with PROPOSALS
10470 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Mill Creek .............................. At confluence with Salmon Creek ................................ None +137 Clark County (Unincorporated Areas). 

Just downstream of NW 20th Avenue ......................... None +279 City of Battle Ground. 

Weaver Creek ....................... At confluence with Salmon Creek ................................ None +210 Clark County (Unincorporated Areas). 

Approximately 400 feet west of NE 167th Avenue ...... None +345 City of Battle Ground. 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

City of Battle Ground 

Maps are available for inspection at 109 Southwest First Street, Suite 127, Battle Ground, WA 98604–2818. 

Send comments to The Honorable John Idsinga, Mayor, City of Battle Ground, 109 Southwest First Street, Suite 220, Battle Ground, WA 

98604. 

City of Camas 

Maps are available for inspection at 616 Northeast Fourth Avenue, Camas, WA 98607. 

Send comments to The Honorable Paul Dennis, Mayor, City of Camas, 616 Northeast Fourth Avenue, Camas, WA 98607. 

City of Vancouver 

Maps are available for inspection at c/o Chad Eiken, 313 Main Street, Vancouver, WA 98665. 

Send comments to The Honorable Royce Pollard, Mayor, City of Vancouver, 210 East 13th Street, Vancouver, WA 98668. 

Town of Ridgefield 

Maps are available for inspection at 127 North Main Avenue, Ridgefield, WA 98642. 

Send comments to The Honorable Gladys Doriot, Mayor, City of Ridgefield, P.O. Box 608, Ridgefield, WA 98642. 

Clark County (Unincorporated Areas) 

Maps are available for inspection at 1300 Franklin Street, Third Floor, Vancouver, WA 98666–8810. 

Send comments to The Honorable Bill Barron, County Administrator, Clark County, P.O. Box 5000, Vancouver, WA 98666–5000. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: March 1, 2007. 

David I. Maurstad, 

Director, Mitigation Division, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E7–4153 Filed 3–7–07; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–7709] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Technical information or 

comments are requested on the 

proposed Base (1% annual chance) 

Flood Elevations (BFEs) and proposed 

BFEs modifications for the communities 

listed below. The BFEs are the basis for 

the floodplain management measures 

that the 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 comment period is ninety 

(90) days following the second 

publication of this proposed rule in a 

newspaper of local circulation in each 

community. 

ADDRESSES: The proposed 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: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Division, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

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. 

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. 


pwalker on PROD1PC71 with PROPOSALS