2826 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–8542; fax number 

214–665–7263; e-mail address 

riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed 

Rule? 

This document proposes to take 

action on SIP revisions pertaining to the 

El Paso area. We have published a direct 

final rule approving the State’s SIP 

revisions in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

Dated: January 11, 2007. 

Richard E. Greene, 

Acting Regional Administrator, Region 6. 

[FR Doc. E7–925 Filed 1–22–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7688] 

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. 

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 tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules 2827 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Camden County, New Jersey (All Jurisdictions) 

Barton Run Tributary 3 At State Route 73 ....................................... +85 +84 Township of Voorhees. 

Approximately 1,040 feet above Sunset 

Avenue.

None +134 

Cooper River ................ Approximately 180 feet upstream of 

Kaighns Avenue (County Route 607).

+9 +10 City of Camden, Borough of Collingswood, 

Township of Cherry Hill, Borough of 

Gibbsboro, Township of Haddon, Borough of Haddonfield, Borough of 

Lawnside, Borough of Lindenwold, 

Township of Pennsauken, Borough of 

Somerdale, Borough of Tavistock, Township of Voorhees. 

Approximately 155 feet upstream of 

Gibbsboro Road.

None +73 

Mason Run ................... Approximately 50 feet downstream of 

Clementon Road County Route 683.

+23 +25 Borough of Lindenwold. 

Approximately 125 feet upstream of County Route 534.None +35 

Millard Creek ................ At the confluence with Cooper River .......... +65 +64 Borough of Gibbsboro. 

Approximately 500 feet upstream of 

Gibbsboro Road (County Route 686).

None +76 

Newton Creek ............... Approximately 10 feet downstream of 

White Horse Pike.

+9 +10 Borough of Audubon, Borough of Collingswood, Township of Haddon, Borough of 

Haddonfield, Borough of Oaklyn. 

Approximately 140 feet upstream of West 

End Avenue.

None +47 

Nicholson Branch ......... At confluence with Millard Creek ................ +65 +67 Borough of Gibbsboro, Township of Voorhees. 

Approximately 590 feet upstream of North 

Lake Drive.

None +100 

North Branch ................ At confluence with Cooper River ................ +16 +14 Township of Cherry Hill, Township of Voorhees. 

Cooper River ................ Approximately 0.48 mile upstream of 

Kresson Road (County Route 671).

None +86 

South Branch Newton 

Creek.

Approximately 60 feet upstream of abandoned railroad.+9 +10 Borough of Audubon, Township of Haddon, City of Gloucester, Township of 

Mount Ephraim. 

Approximately 500 feet upstream of State 

Route 168.

None +11 

Tributary No. 1 to Cooper River.At confluence with Cooper River ................ +39 +38 Township of Cherry Hill. 

At downstream side of Burnt Mill Road ...... +41 +40 

Tributary No. 2 ...... At confluence with Cooper River ................ +40 +38 Township of Cherry Hill. 

At downstream side of Evesham Road ...... +59 +60 

Tributary No. 3 ...... At confluence with Cooper River ................ +43 +42 Borough of Lawnside, Borough of 

Somerdale, Township of Voorhees. 

Approximately 500 feet upstream of 

Evesham Road.

+54 +55 

Tributary No. 4 ...... At confluence with Cooper River ................ +53 +52 

At downstream side of Rural Avenue ......... +53 +52 

Signey Run ................... Approximately 1,100 feet upstream confluence with North Branch Big Timber 

Creek.

+15 +16 Township of Gloucester, Borough of HiNella, Borough of Stratford. 

At downstream side of Warwick Road ....... +43 +42 

Tributary No. 1 to North 

Branch Cooper River.

At confluence with North Branch Cooper 

River.

+71 +76 Township of Voorhees. 

At downstream side of Kresson Road ........ +101 +100 

Tributary No. 2 ...... At confluence with North Branch Cooper 

River.

+77 +82 Township of Voorhees. 

Approximately 900 feet upstream of confluence with North Branch Cooper River.+81 +82 

Peter Brook .................. At confluence with Newton Creek .............. None +9 Borough of Audubon Park, Borough of 

Oaklyn. 

At approximately 0.92 mile upstream Newton Creek.None +9 

North Branch Big Timber.At downstream side of East Atlantic Avenue (County Route 727).None +41 Borough of Clementon. 


jlentini on PROD1PC65 with PROPOSAL
2828 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 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 

At approximately 1,950 feet upstream of 

East Atlantic Avenue (County Route 

727).

None +41 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Borough of Audubon 

Maps are available for inspection at the Borough of Audubon, 606 West Nicholson Road, Audubon, New Jersey. 

Send comments to The Honorable Anthony M. Pugliese, Mayor of the Borough of Audubon, 606 West Nicholson Road, Audubon, New Jersey 

08106. 

Borough of Audubon Park 

Maps are available for inspection at the Borough of Audubon Park, 20 Road C, Audubon Park, New Jersey. 

Send comments to The Honorable Donald M. Pennock, Mayor of the Borough of Audubon Park, 20 Road C, Audubon Park, New Jersey 08106. 

City of Camden 

Maps are available for inspection at the City of Camden Planning Department, 520 Market Street, Room 422, Camden, New Jersey. 

Send comments to The Honorable Gwendolyn A. Faison, Mayor of the City of Camden, P.O. Box 95120, Camden, New Jersey 08101. 

Township of Cherry Hill 

Maps are available for inspection at the Cherry Hill Township Building, 820 Mercer Street, Cherry Hill, New Jersey. 

Send comments to The Honorable Bernie Platt, Mayor of the Township of Cherry Hill, 820 Mercer Street, Cherry Hill, New Jersey 08002. 

Borough of Clementon 

Maps are available for inspection at the Borough of Clementon, 101 Gibbsboro Road, Clementon, New Jersey. 

Send comments to The Honorable Mark E. Armbruster, Mayor of the Borough of Clementon, 101 Gibbsboro Road, Clementon, New Jersey. 

Borough of Collingswood 

Maps are available for inspection at the Borough of Collingswood, 678 Haddon Avenue, Collingswood, New Jersey. 

Send comments to The Honorable Jim Maley, Mayor of the Borough of Collingswood, 678 Haddon Avenue, Collingswood, New Jersey 08108. 

Borough of Gibbsboro 

Maps are available for inspection at the Gibbsboro Borough Hall, 49 Kirkwood Drive, Gibbsboro, New Jersey. 

Send comments to The Honorable Edward G. Campbell, III, Mayor of the Borough of Gibbsboro, 49 Kirkwood Drive, Gibbsboro, New Jersey 

08026. 

City of Gloucester 

Maps are available for inspection at the City of Gloucester Municipal Building, 313 Monmouth Street, Gloucester, New Jersey. 

Send comments to The Honorable Thomas J. Kilcourse, Mayor of the City of Gloucester, 313 Monmouth Street, Gloucester, New Jersey 08030. 

Township of Gloucester 

Maps are available for inspection at the Township of Gloucester Municipal Building, 1261 Chews Landing Road, Blackwood, New Jersey. 

Send comments to The Honorable Cindy Rau-Hatton, Mayor of the Township of Gloucester, P.O. Box 8, CS #5, Blackwood, New Jersey 

08012–0008. 

Township of Haddon 

Maps are available for inspection at the Township of Haddon Municipal Building, 135 Haddon Avenue, Westmont, New Jersey. 

Send comments to The Honorable William J. Park, Jr., Mayor of the Township of Haddon, 135 Haddon Avenue, Westmont, New Jersey 08108. 

Borough of Haddonfield 

Maps are available for inspection at the Borough of Haddonfield, 242 Kings Highway East, Haddonfield, New Jersey. 

Send comments to The Honorable Leticia Colombi, Mayor of the Borough of Haddonfield, P.O. Box 3005, Haddonfield, New Jersey 08033. 

Borough of Hi-Nella 

Maps are available for inspection at the Hi-Nella Borough Hall, 100 Wykagl Road, Hi-Nella, New Jersey. 

Send comments to The Honorable Ellen Wolica, Mayor of the Borough of Hi-Nella, 100 Wykagl Road, Hi-Nella, New Jersey 08038. 

Borough of Lawnside 

Maps are available for inspection at the Borough of Lawnside Zoning Department, 4 North Douglas Avenue, Lawnside, New Jersey. 

Send comments to The Honorable Mark Bryant, Mayor of the Borough of Lawnside, 4 North Douglas Avenue, Lawnside, New Jersey 08045. 

Borough of Lindenwold 

Maps are available for inspection at the Borough of Lindenwold Construction Office, 2001 Egg Harbor Road, Lindenwold, New Jersey. 

Send comments to The Honorable Frank DeLucca, Jr., Mayor of the Borough of Lindenwold, 2001 Egg Harbor Road, Lindenwold, New Jersey 

08021. 

Borough of Mount Ephraim 

Maps are available for inspection at the Borough of Mt. Ephraim Tax Office, 121 South Black Horse Pike, Mount Ephraim, New Jersey. 

Send comments to The Honorable Michael Reader, Mayor of the Borough of Mount Ephraim, 121 South Black Horse Pike, Mount Ephraim, 

New Jersey 08059. 

Borough of Oaklyn 

Maps are available for inspection at the Borough of Oaklyn, 500 White Horse Pike, Oaklyn, New Jersey 08107. 

Send comments to The Honorable Michael LaMaina, Mayor of the Borough of Oaklyn, 500 White Horse Pike, Oaklyn, New Jersey. 

Township of Pennsauken 

Maps are available for inspection at the Pennsauken Municipal Building, Administration Office, 5605 North Crescent Boulevard, Pennsauken, 

New Jersey. 

Send comments to The Honorable Greg Schofield, Mayor of the Township of Pennsauken, 5605 North Crescent Boulevard, Pennsauken, New 

Jersey 08110. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules 2829 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Borough of Somerdale 

Maps are available for inspection at the Somerdale Borough Hall, 105 Kennedy Boulevard, Somerdale, New Jersey. 

Send comments to The Honorable Gary Passanante, Mayor of the Borough of Somerdale, 105 Kennedy Boulevard, Somerdale, New Jersey

08083. 

Borough of Stratford 

Maps are available for inspection at the Borough of Stratford, 307 Union Avenue, Stratford, New Jersey. 

Send comments to The Honorable Thomas Angelucci, Mayor of the Borough of Stratford, 307 Union Avenue, Stratford, New Jersey 08084. 

Borough of Tavistock 

Maps are available for inspection at the Borough of Tavistock, Remington and Vernick Engineering, 232 Kings Highway, Haddonfield, New Jersey. 

Send comments to The Honorable George J. Buff, III, Mayor of the Borough of Tavistock, P.O. Box 8988, Turnersville, New Jersey 08012. 

Township of Voorhees 

Maps are available for inspection at the Township of Voorhees, Municipal Clerk’s Office, 620 Berlin Road, Voorhees, New Jersey. 

Send comments to The Honorable Michael R. Mignogna, Mayor of the Township of Voorhees, 620 Berlin Road, Voorhees, New Jersey 08043. 

Passaic County, New Jersey (All Jurisdictions) 

Molly Ann Brook ........... From the downstream side of Sherwood 

Avenue.

+125 +124 Borough of Haledon, Borough of Prospect 

Park, City of Paterson. 

Approximately 825 feet upstream of the 

weir.

+184 +185 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Borough of Haledon 

Maps are available for inspection at the Haledon Borough Hall, 510 Belmont Avenue, Haledon, New Jersey. 

Send comments to The Honorable Ken Pengitore, Mayor of the Borough of Haledon, 510 Belmont Avenue, Haledon, New Jersey 07508. 

Borough of Prospect Park 

Maps are available for inspection at the Prospect Park Borough Hall, 106 Brown Avenue, Prospect Park, New Jersey. 

Send comments to The Honorable Mohamed T. Kahairullah, Mayor of the Borough of Prospect Park, 106 Brown Avenue, Prospect Park, New 

Jersey 07508. 

City of Paterson 

Maps are available for inspection at the Paterson City Hall, 155 Market Street, Passaic, New Jersey. 

Send comments to The Honorable Jose Torres, Mayor of the City of Paterson, 155 Market Street, Passaic, New Jersey 07505. 

Somerset County, New Jersey (All Jurisdictions) 

Chambers Brook #1 ..... At confluence with North Branch Raritan 

River.

+79 +80 Township of Bedminster. 

Approximately 0.5 mile above the confluence with North Branch Raritan River.+79 +80 

#2 .......................... At confluence with North Branch Raritan 

River.

+70 +74 Township of Branchburg. 

Approximately 0.4 mile above the confluence with North Branch Raritan River.+73 +74 

Cory’s Brook ................. At the confluence with Passaic River ......... +214 +213 Township of Warren. 

Approximately 1,800 feet upstream of 

Powder Horn Road.

None +405 

Cuckels Brook .............. At confluence with Raritan River ................ +37 +39 Township of Bridgewater. 

Approximately 0.92 mile upstream of confluence with Raritan River.+41 +42 

Green Brook ................. At confluence with Raritan River ................ +32 +33 Borough of Bound Brook. 

Approximately 200 feet downstream Conrail.+32 +33 

Harrison Brook Branch 

1.

At confluence with Harrison Brook ............. +222 +220 Township of Bernards. 

At Lurlin Drive ............................................. +230 +231 

Indian Grave Brook ...... At confluence with Passaic River ............... +297 +304 Township of Bernards, Borough of 

Bernardsville. 

Approximately 100 feet downstream of 

County boundary.

+611 +610 

Millstone River .............. At confluence with Raritan River ................ +39 +41 Township of Franklin, Borough of Manville.

At confluence of Royce Brook .................... +40 +41 

Moggy Brook ................ At confluence with North Branch ................ None +125 Borough of Far Hills. 


jlentini on PROD1PC65 with PROPOSAL
2830 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 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 

Approximately 0.55 mile upstream of the 

confluence with North Branch Raritan 

River.

+154 +156 

Neshanic River ............. At the confluence with South Branch Raritan River.+81 +82 Township of Hillsborough. 

Approximately 1.73 miles upstream of 

Montgomery Road.

+103 +102 

North Branch Raritan 

River Tributary C.

At confluence with North Branch Raritan 

River.

+196 +197 Borough of Bernardsville. 

Approximately 400 feet upstream of confluence with North Branch Raritan River.+209 +210 

Peters Brook ................. At confluence with Raritan River ................ +46 +48 Township of Bridgewater. 

Approximately 900 feet downstream of 

North Bridge Street.

+48 +49 

Ross Brook ................... At confluence with Peter’s Brook ................ +46 +48 Township of Bridgewater, Borough of Somerville. 

Approximately 45 feet downstream of 

Spring Street.

+47 +48 

Royce Brook ................. At confluence with Millstone River .............. +40 +41 Borough of Manville. 

Approximately 0.4 mile upstream of confluence with Millstone River.+40 +41 

Tributary K .................... At confluence with Indian Grave Brook ...... +449 +455 Borough of Bernardsville. 

Approximately 1,670 feet upstream of 

Washington Corner Road.

+562 +564 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Township of Bedminster 

Maps are available for inspection at the Bedminster Township Hall, One Miller Lane, Bedminster, New Jersey. 

Send comments to The Honorable Robert Holtaway, Mayor of the Township of Bedminster, One Miller Lane, Bedminster, New Jersey 07921. 

Township of Bernards 

Maps available for inspection at the Township of Bernards Engineering Services Building, 277 South Maple Avenue, Basking Ridge, New Jersey. 

Send comments to The Honorable John Malay, Mayor of the Township of Bernards, 1 Collyer Lane, Basking Ridge, New Jersey 07920. 

Borough of Bernardsville 

Maps available for inspection at the Bernardsville Municipal Building, 166 Mine Brook Road, Bernardsville, New Jersey. 

Send comments to The Honorable Jay Parsons, Mayor of the Borough of Bernardsville, 166 Mine Brook Road, Bernardsville, New Jersey 

07924. 

Borough of Bound Brook 

Maps available for inspection at the Bound Brook Borough Office, 230 Hamilton Street, Bound Brook, New Jersey. 

Send comments to Mr. John J. Kennedy, Bound Brook Borough Administrator, 230 Hamilton Street, Bound Brook, New Jersey 08805. 

Township of Branchburg 

Maps available for inspection at the Branchburg Township Engineering Department, 1077 Route 202 North, Branchburg, New Jersey. 

Send comments to The Honorable Kate Sarles, Mayor of the Township of Branchburg, 1077 Route 202 North, Branchburg, New Jersey 08876. 

Township of Bridgewater 

Maps available for inspection at the Bridgewater Township Code Enforcement Office, 700 Garretson Road, Bridgewater, New Jersey.

Send comments to The Honorable Patricia Flannery, Mayor of the Township of Bridgewater, 700 Garretson Road, Bridgewater, New Jersey 

08807. 

Borough of Far Hills 

Maps available for inspection at the Far Hills Borough Municipal Building, 6 Prospect Street, Far Hills, New Jersey. 

Send comments to The Honorable Carl J. Torsilieri, Mayor of the Borough of Far Hills, 6 Prospect Street, Far Hills, New Jersey 07931. 

Township of Franklin 

Maps available for inspection at the Franklin Township Engineering Department, 475 De Mott Lane, Somerset, New Jersey. 

Send comments to Mr. Kenneth W. Daly, Franklin Township Manager, 475 De Mott Lane, Somerset, New Jersey 08873. 

Township of Hillsborough 

Maps available for inspection at the Hillsborough Township Municipal Complex, 379 South Branch Road, Hillsborough, New Jersey. 

Send comments to The Honorable Carl Suraci, Mayor of the Township of Hillsborough, Hillsborough Township Municipal Complex, 379 South 

Branch Road, Hillsborough, New Jersey 08844. 

Borough of Manville 

Maps available for inspection at the Manville Borough Municipal Building, 325 North Main Street, Manville, New Jersey. 

Send comments to The Honorable Angelo Corradino, Mayor of the Borough of Manville, 325 North Main Street, Manville, New Jersey 08835. 

Borough of Somerville 

Maps available for inspection at the Somerville Borough Hall, 25 West End Avenue, Somerville, New Jersey. 

Send comments to The Honorable Brian G. Gallagher, 25 West End Avenue, Somerville, New Jersey 08876. 

Township of Warren 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules 2831 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Maps available for inspection at the Warren Township Engineering Department, 46 Mountain Boulevard, Warren, New Jersey. 

Send comments to The Honorable Carolyn Garafola, Mayor of the Township of Warren, 46 Mountain Boulevard, Warren, New Jersey 07059. 

Clinton County, New York (All Jurisdictions) 

AuSable River .............. Approximately 2.2 miles upstream of 

Lower Road Bridge.

None +491 Town of Ausable, Town of Black Brook. 

At the confluence with West Branch AuSable River.+549 +550 

Fern Lake ..................... The entire shoreline .................................... None +1,225 Town of Black Brook. 

Salmon River ................ Approximately 2,750 feet upstream of Fox 

Farm Road.

None +306 Town of Peru. 

Approximately 1.2 miles upstream of 

Conners Road.

None +585 

Saranac River ............... Approximately 5,100 feet upstream of Ore 

Bed Road.

None +1,090 Town of Black Brook. 

Approximately 170 feet upstream of Union 

Falls Road.

None +1,414 

West Branch ................. At the confluence with AuSable River ........ +551 +550 Town of Black Brook. 

AuSable River .............. Approximately 170 feet upstream of the 

confluence with AuSable River.

+552 +551 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Town of Ausable 

Maps are available for inspection at the Ausable Town Office, 111 Ausable Street, Keeseville, New York. 

Send comments to Ms. Sandra Senecal, Ausable Town Supervisor, 111 Ausable Street, Keeseville, New York 12944. 

Town of Black Brook 

Maps are available for inspection at the Black Brook Town Office, 18 North Main Street, Ausable Forks, New York. 

Send comments to Mr. Ricky Nolan, Black Brook Town Supervisor, P.O. Box 715, Ausable Forks, New York 12912. 

Town of Peru 

Maps are available for inspection at the Peru Town Office, 3036 Main Street, Peru, New York. 

Send comments to Mr. Donald E. Covel, Peru Town Supervisor, P.O. Box 596, Peru, New York 12792–0596. 

Gaston County, North Carolina and Incorporated Areas 

Blackwood Creek ......... At the confluence with Crowders Creek ..... +669 +662 Gaston County (Unincorporated Areas), 

City of Gastonia. 

Approximately 0.9 mile upstream of the 

confluence with Crowders Creek.

+674 +673 

Muddy Fork .................. Approximately 700 feet downstream of the 

Cleveland/Gaston County boundary.

None +823 City of Cherryville, Gaston County (Unincorporated Areas). 

Approximately 0.6 mile upstream of the 

Cleveland/Gaston County boundary.

None +851 

Tributary B .................... At the confluence with Tributary A ............. None +719 Gaston County (Unincorporated Areas), 

City of Gastonia. 

Approximately 230 feet upstream of the 

confluence with Tributary B–1.

None +784 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Gaston County (Unincorporated Areas) 

Maps are available for inspection at Gaston County Administration Office, 128 West Main Street, Gastonia, North Carolina. 

Send comments to Mr. Jan Winters, Gaston County Manager, 128 West Main Street, Gastonia, North Carolina 28053. 

City of Cherryville 

Maps are available for inspection at Cherryville City Hall, 116 South Mountain Street, Cherryville, North Carolina. 

Send comments to The Honorable Bob Austell, Mayor of the City of Cherryville, 116 South Mountain Street, Cherryville, North Carolina 28021. 

City of Gastonia 

Maps are available for inspection at the City of Gastonia Engineering Department, 150 South York Street, Gastonia, North Carolina. 

Send comments to The Honorable Jennifer Stulz, Mayor of the City of Gastonia, P.O. Box 1748, Gastonia, North Carolina 28053. 

Windham County, Vermont (All Jurisdictions) 

Broad Brook ................. At upstream side of State Route 142 ......... None +229 Town of Vernon. 


jlentini on PROD1PC65 with PROPOSAL
2832 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 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 

Connecticut River ......... Approximately 0.81 mile upstream of 

Vernon Dam.

+226 +227 Village of Bellows Falls, Town of 

Brattleboro, Town of Dummerston, Town 

of Putney, Town of Rockingham, Town 

of Vernon, Town of Westminster. 

Approximately 7.42 miles upstream of Bellows Falls Dam.+306 +305 

Saxtons River ............... At the confluence with the Connecticut 

River.

None +257 Town of Athens, Village of Bellows Falls, 

Town of Grafton, Town of Westminster. 

Approximately 1,950 feet upstream of the 

confluence of Weaver Brook.

None +590 

West River .................... At the confluence with the Connecticut 

River.

+235 +232 Town of Brattleboro, Town of Brookline, 

Town of Dummerston, Town of Jamaica. 

Upstream side of Ball Mountain Dam ......... None +1,020 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Village of Bellows Falls 

Maps are available for inspection at the Bellows Falls Village Hall, 7 Square, 3rd Floor, Bellows Falls, Vermont. 

Send comments to Mr. John B. Schempf, Village of Bellows Falls Municipal Manager, P.O. Box 370, Bellows Falls, Vermont 05101. 

Town of Brattleboro 

Maps are available for inspection at the Brattleboro Planning Services Department, 230 Main Street, Suite 202, Brattleboro, Vermont. 

Send comments to Mr. Stephen A. Steidle, Chairman of the Town of Brattleboro Board of Selectmen, 230 Main Street, Suite 208, Brattleboro, 

Vermont 05301. 

Town of Brookline 

Maps are available for inspection at the Brookline Town Office, 736 Grassy Brook Road, Brookline, Vermont. 

Send comments to Ms. Joyce Meehl, Chairperson for the Town of Brookline Board of Selectmen, P.O. Box 403, Newfane, Vermont 05345. 

Town of Dummerston 

Maps are available for inspection at the Dummerston Town Hall, 1523 Middle Road, East Dummerston, Vermont. 

Send comments to Ms. Cynthia Jerome, Chairperson for the Town of Dummerston Board of Selectmen, 1523 Middle Road, East Dummerston, 

Vermont 05346. 

Town of Putney 

Maps are available for inspection at the Putney Town Hall, 127 Main Street, Putney, Vermont. 

Send comments to Mr. Christopher Ryan, Putney Town Manager and Zoning Administrator, P.O. Box 233, Putney, Vermont 05346. 

Town of Vernon 

Maps are available for inspection at the Vernon Town Office, 567 Governor Hunt Road, Vernon, Vermont. 

Send comments to Mr. Peter Deyo, Chairman of the Town of Vernon Board of Selectmen, 567 Governor Hunt Road, Vernon, Vermont 05354. 

Town of Westminster 

Maps are available for inspection at the Westminster Town Hall, 3651 U.S. Route 5, Westminster, Vermont. 

Send comments to Mr. Paul Harlow, Chairman of the Town of Westminster Board of Selectmen, P.O. Box 147, Westminster, Vermont 05158. 

Towns of Weathersfield and Windsor, Windsor County, Vermont 

Connecticut River ......... Approximately 1.91 miles downstream of 

confluence of the Black River.

+306 +305 Town of Harland, Town of Springfield, 

Town of Weathersfield, Town of Windsor. 

Approximately 2.27 miles upstream of confluence of Lulls Brook.+334 +335 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

ADDRESSES 

Town of Weathersfield 

Maps are available for inspection at the Town of Weathersfield, Martin Memorial Hall, 5259 Route 5, Ascutney, Vermont. 

Send comments to Mr. Lawrence Melen, Weathersfield Town Manager, P.O. Box 550, Ascutney, Vermont 05030–0550. 

Town of Windsor 

Maps available for inspection at the Windsor Town Office, 29 Union Street, Windsor, Vermont. 

Send comments to Mr. Donald Howard, Windsor Town Administrator, 29 Union Street, Windsor, Vermont 05089. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Proposed Rules 2833 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: January 12, 2007. 

David I. Maurstad, 

Director, Mitigation Division, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E7–887 Filed 1–22–07; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

49 CFR Part 39 

[Docket OST 2007 26829] 

RIN 2105–AB87 

Transportation for Individuals With 

Disabilities: Passenger Vessels 

AGENCY: Department of Transportation, 

Office of the Secretary. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department is proposing 

to issue a new Americans with 

Disabilities Act (ADA) rule to ensure 

nondiscrimination on the basis of 

disability by passenger vessels. This 

notice of proposed rulemaking (NPRM) 

concerns service and policy issues. 

Issues concerning physical accessibility 

standards will be addressed at a later 

time, in conjunction with proposed 

passenger vessel accessibility guidelines 

drafted by the Access Board. 

Comment Closing Date: Comments 

should be submitted by April 23, 2007. 

Late-filed comments will be considered 

to the extent practicable. 

ADDRESSES: You may submit comments 

identified by the docket number [OST 

2007–26829] by any of the following 

methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: To the Docket 

Management System; Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: You must include the 

agency name and docket number [OST–

2007–26829] or the Regulatory 

Identification Number (RIN) for this 

rulemaking at the beginning of your 

comment. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. 

Docket: You may view the public 

docket through the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management System office at the above 

address. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, Department of 

Transportation, 400 7th Street, SW., 

Room 10424, Washington, DC 20590–

0001. (202) 366–9306 (voice); (202) 755–

7687 (TDD); bob.ashby@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: The 

Department of Transportation has 

issued rules concerning 

nondiscrimination on the basis of 

disability for almost every mode of 

passenger transportation, including 

public transportation (bus, subway, 

commuter rail), over-the-road buses, 

intercity rail, and air transportation. The 

only mode on which the Department 

has yet to propose rules is 

transportation by passenger vessels. 

With this NPRM, the Department is 

beginning the process of filling this 

remaining gap in our coverage of 

transportation for individuals with 

disabilities. 

Background 

When the Department issued its first 

Americans with Disabilities Act (ADA) 

rules in 1991, we explicitly asserted 

coverage over passenger vessels. The 

Department reserved action on 

passenger vessels in the regulatory text 

of this final rule, and we made the 

following statements on the subject in 

the preamble (56 FR 45599–45560; 

September 6, 1991): 

Ferries and passenger vessels operated by 

public entities are covered by the ADA, and 

subject at this time to DOJ Title II 

requirements as well as § 37.5 of this Part 

* * *. We anticipate further rulemaking to 

create appropriate requirements for passenger 

vessels * * *. The reason for this action is 

that, at the present time, the Department 

lacks sufficient information to determine 

what are reasonable accessibility 

requirements for various kinds of passenger 

vessels. We note that the DOJ has determined 

that passenger vessels encompassing places 

of public accommodation (e.g., cruise ships, 

floating restaurants) are subject to the general 

nondiscrimination and policies and practices 

portions of its Title III rule (Subparts B and 

C of 28 CFR Part 36). The Department of 

Transportation anticipates working with the 

Access Board and DOJ on further rulemaking 

to define requirements for passenger vessels 

* * *. The Department does want to make 

clear its view that the ADA does cover 

passenger vessels, including ferries, 

excursion vessels, sightseeing vessels, 

floating restaurants, cruise ships, and others. 

Cruise ships are a particularly interesting 

example of vessels subject to ADA coverage. 

Cruise ships are a unique mode of 

transportation. Cruise ships are selfcontained floating communities. In addition 

to transporting passengers, cruise ships 

house, feed, and entertain passengers and 

thus take on aspects of public 

accommodations. Therefore cruise ships 

appear to be a hybrid of a transportation 

service and a public accommodation. As 

noted above, DOJ covers cruise ships as 

public accommodations under its Title III 

rules. 

In addition to being public 

accommodations, cruise ships clearly are 

within the scope of a ‘‘specified public 

transportation service.’’ The ADA prohibits 

discrimination in the full and equal 

enjoyment of specified public transportation 

services provided by a private entity that is 

primarily engaged in the business of 

transporting people and whose operations 

affect commerce (§ 304(a)). ‘‘Specified public 

transportation’’ is defined by § 301(10) as 

‘‘transportation by bus, rail, or any other 

conveyance (other than by aircraft) that 

provides the general public with general or 

special service (including charter service) on 

a regular and continuing basis.’’

Cruise ships easily meet the definition of 

‘‘specified public transportation.’’ Cruise 

ships are used almost exclusively for 

transporting passengers and no one doubts 

that their operations affect commerce. Cruise 

ships operate according to set schedules or 

for charter and their services are offered to 

the general public. Finally, despite some 

seasonal variations, their services are offered 

on a regular and continuing basis. 

Virtually all cruise ships serving U.S. ports 

are foreign-flag vessels. International law 

clearly allows the U.S. to exercise 

jurisdiction over foreign-flag vessels while 

they are in U.S. ports, subject to treaty 

obligations. A state has complete sovereignty 

over its internal waters, including ports. 

Therefore, once a commercial ship 

voluntarily enters a port, it becomes subject 

to the jurisdiction of the coastal state. In 

addition, a state may condition the entry of 

a foreign ship into its internal waters or ports 

on compliance with its laws and regulations. 

The United States thus appears to have 

jurisdiction to apply ADA requirements to 

foreign-flag cruise ships that call in U.S. 

ports. 

The U.S. Supreme Court recently 

affirmed the Department’s long-held 

view that the ADA covers passenger 

vessels, specifically including foreignflag cruise ships. In Spector et al. v. 

Norwegian Cruise Lines, 545 U.S. 119 

(2005), the Court held that cruise ships 

are ‘‘public accommodations’’ that 

provide ‘‘specified public 

transportation’’ within the meaning of 

the ADA. The Court said that, while 

there may be some limitations on the 

coverage of the ADA to matters purely 

concerning the internal affairs of a 

foreign-flag vessel, matters concerning 


jlentini on PROD1PC65 with PROPOSAL