45608 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules

1. The authority citation for part 4

continues to read as follows:

Authority: R.S. 2478, as amended, 43

U.S.C. sec. 1201, unless otherwise noted.

2. Section 4.21 is amended by revising

paragraphs (a) and (c) to read as follows:

§ 4.21 General provisions.

(a) Effect of decision pending appeal.

Except as otherwise provided by law or

regulation:

(1) A decision will not be effective

during the time in which a party

adversely affected may file a notice of

appeal, and the timely filing of a notice

of appeal will suspend the effect of the

decision appealed from pending a

decision on the appeal. However, any

party or agency official may request, in

writing, that the Director or an Appeals

Board place the decision, or any part of

it, into effect immediately when the

public interest requires.

(2) An appellant may petition for a

stay of a decision which is in effect

under a regulation in this title or Title

30. The stay request may be filed during

the time in which a notice of appeal

may be filed. The stay request must be

filed with the Director or an Appeals

Board in accordance with the standards

in paragraph (b)(1) and (b)(2) of this

section.

* * * * *

(c) Exhaustion of administrative

remedies No decision that at the time of

its issuance is subject to appeal to the

Director or an Appeals Board will be

considered final so as to be agency

action subject to judicial review under

5 U.S.C. 704, unless it has been made

effective pending a decision on appeal

under paragraph (a)(1) of this section or

other applicable regulations.

Dated: August 19, 1997.

Robert J. Lamb,

Acting Assistant Secretary—Policy,

Management and Budget.

[FR Doc. 97–22891 Filed 8–27–97; 8:45 am]

BILLING CODE 4310–RK–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7226]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations and modified base

flood elevations 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 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 following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

proposes to make determinations of base

flood elevations and modified base

flood elevations 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 base flood and

modified base flood elevations, 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. No environmental

impact assessment has been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this proposed rule is

exempt from the requirements of the

Regulatory Flexibility Act because

proposed 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 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 12612, Federalism

This proposed rule involves no

policies that have federalism

implications under Executive Order

12612, Federalism, dated October 26,

1987.

Executive Order 12778, Civil Justice

Reform

This proposed 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

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:
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules 45609

State City/town/county Source of flooding Location

# Depth in feet above

ground. *Elevation in

feet. (NGVD)

Existing Modified

California ................ Butte County and

Incorporated

Areas.

Big Chico Creek ............... At Bidwell Avenue extended, approximately 6,400 feet downstream of Rose

Avenue.

None *158

At diversion structure footbridge, approximately 1,700 feet upstream of

Manzanita Avenue.

None *266

Lindo Channel .................. Approximately 2,000 feet downstream of

Nord Avenue.

None *168

Just upstream of Manzanita Avenue ........ None *254

Just upstream of diversion weir dividing

flow from creek diversion channel.

None *269

Mud Creek ........................ At Nord Highway ...................................... None *163

At confluence with Sycamore Creek, approximately 150 feet upstream of Highway 99 northbound.None *175

Mud Creek Diversion

Channel.

At confluence with Sycamore Creek, approximately 1,400 feet upstream of

Cohasset Road.

None *192

Approximately 2,850 feet upstream of

Wildwood Avenue.

None *272

Sycamore Creek ............... At confluence with Mud Creek, approximately 150 feet upstream of Highway

99 northbound.

None *175

Just downstream of Cohasset Road ........ None *190

Approximately 5,900 feet upstream of

Mud Creek Diversion Channel.

None *234

Butte Creek ...................... Approximately 2,550 feet downstream of

Aguas Frias Road.

None *104

Approximately 200 feet downstream of

Skyway.

None *243

Just upstream of Skyway ......................... *246 *246

Butte Creek-Right

Overbank Flooding.

At intersection of Aguas Frias Road and

the alignment of Nelson Road and

Butte-Glenn County line.

None *97

At Bruce Lane, approximately 4,000 feet

south of its intersection with Hegan

Lane.

None *190

Butte Creek-Left Overbank

Flooding.

At downstream limit of detailed study in

the inside area of levees.

None *94

On Durnel Drive, just north of Hamlin

Slough levees.

None *123

Just downstream of Highway 99 .............. None *215

Hamlin Slough .................. At confluence with Butte Creek ................ None *119

Approximately 6,000 feet upstream of

Esquon Road.

None *145

At Oroville-Chico Highway (Zone AO) ..... None #1

Little Chico-Butte Diversion Channel.At a low water crossing, approximately

950 feet downstream of an abandoned

railroad.

None *226

Just downstream of diversion structure ... None *297

Comanche Creek ............. Approximately 14,750 feet downstream of

Crouch Road.

None *123

Just downstream of Highway 99 .............. None *216

Little Chico Creek ............. Approximately 5,840 feet downstream of

a wooden bridge approximately 4,400

feet downstream of Alberton Avenue.

None *124

Approximately 3,750 feet upstream of

Stilson Canyon Road.

None *344

Maps are available for inspection at the Butte County Library, 1108 Sherman Avenue, Chico, California.

Send comments to The Honorable John Blacklock, Chief Administrative Officer, Butte County Administrative Department, 25 County Center

Drive, Oroville, California 95965.

Maps are available for inspection at Merriam Library, California State University, Chico, California.

Send comments to Mr. Tom Lando, City Manager, City of Chico, 411 Main Street, Chico, California 95928.

Maps are available for inspection at the City of Oroville Public Works Department, City Hall, 1735 Montgomery Street, Oroville, California.

Send comments to The Honorable Dennis Diver, Mayor, City of Oroville, 1735 Montgomery Street, Oroville, California 95965.

Gilroy (City) Santa

Clara County.

Uvas Creek East

Overbank Above Highway 101.

Just above Highway 101 ..........................

Approximately 2,000 feet upstream of

Highway 101.

None

*190

*186

*192
45610 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules

State City/town/county Source of flooding Location

# Depth in feet above

ground. *Elevation in

feet. (NGVD)

Existing Modified

West Branch Llagas

Creek.

Approximately 500 feet upstream of

Golden Gate Avenue.

*231 *232

West Branch Llagas

Creek, East Split.

Approximately 300 feet north of Day

Road.

#1 *222

Approximately 500 feet north of Golden

Gate Avenue.

#1 *232

Uvas Creek East

Overbank Above SPRR.

Ponding north of Bolsa Road between

the Southern Pacific Railroad and Uvas

Creek.

None *175

Just south of intersection of Monterey

Highway and the Southern Pacific Railroad.

None *187

Maps are available for inspection at the City of Gilroy City Hall, 7351 Rosanna Street, Gilroy, California.

Send comments to Mr. Jay Baska, City Administrator, City of Gilroy, 7351 Rosanna Street, Gilroy, California 95020.

Morgan Hill (City)

Santa Clara

County.

Madrone Channel ............. Approximately 300 feet downstream of

East Dunne Avenue.

None *353

Just downstream of Cochran Road .......... None *378

Tennant Creek .................. Approximately 0.5 mile downstream of

Fountain Oaks Drive.

None *347

Approximately 0.25 mile upstream of

Fountain Oaks Drive.

None *361

Watsonville Road Overflow.At convergence with Llagas Creek .......... #1 *303

West of El Camino Real and 400 feet

south of Watsonville Road.

#1 *319

West Little Llagas Creek .. Approximately 3,000 feet downstream of

Monterey Highway.

*310 *316

Just upstream of Watsonville Road ......... *318 *321

Along Del Monte Avenue, 1,000 feet

north of Wright Avenue.

None *352

Approximately 1,800 feet upstream of

Llagas Road.

*384 *384

Maps are available for inspection at the City of Morgan Hill Public Works Department, 100 Edes Court, Morgan Hill, California.

Send comments to The Honorable Dennis Kennedy, Mayor, City of Morgan Hill, 17555 Peak Avenue, Morgan Hill, California 95037.

Santa Clara County

(Unincorporated

Areas).

Alamitos Creek ................. At projection of Pfeiffer Court across

Graystone Lane.

At confluence of Arroyo Calero ................

*258

*283

*260

*283

East Little Llagas Creek ... At confluence with Llagas and Church

Creeks.

*248 *248

Just upstream of Middle Avenue .............. None *304

Madrone Channel ............. At confluence with East Little Llagas

Creek.

None *305

Approximately 2,000 feet upstream of

East Main Avenue.

None *369

San Tomas Aquino Creek At intersection of Davis and Gianera

Streets.

None *15

At intersection of Fillmore and North

Fourth Streets.

None *17

Tennant Creek .................. At confluence with East Little Llagas

Creek.

None *288

Just upstream of Middle Avenue .............. None *308

Approximately 1,500 feet upstream of

Tennant Avenue.

None *346

Uvas Creek ....................... Just above the Southern Pacific Railroad None *174

Just upstream of Hecker Pass Highway

(Highway 152).

None *246

Just below Uvas Reservoir ....................... None *398

Watsonville Road Overflow.Just downstream of Watsonville Road ..... #1 *320

At confluence with Llagas Creek .............. *303 *303

West Branch Llagas

Creek.

Just upstream of Day Road ..................... *221 *221

Along Turlock Avenue between Highland

Avenue and Fitzgerald Road.

None #1

Approximately 2,500 feet upstream of

Coolidge Avenue.

None *291

West Little Llagas Creek .. Just upstream of Highway 101 ................. *303 *305
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Proposed Rules 45611

State City/town/county Source of flooding Location

# Depth in feet above

ground. *Elevation in

feet. (NGVD)

Existing Modified

Just downstream of Monterey Highway ... *314 *316

Calabazas Creek .............. Approximately 600 feet downstream of

Prospect Road.

*290 *290

Just downstream of Prospect Road ......... *300 *297

Middle Avenue Overflow

(from West Little Llagas

Creek).

At confluence with Llagas Creek just

north of San Martin Avenue.

None *283

At intersection of Middle and Murphy

Avenues.

#1 *305

West Branch Llagas

Creek-Upper Split.

Approximately 1,000 feet west of Coolidge Avenue.None *278

At Harding Avenue, 500 feet north of

intersection with Highland Avenue.

None *267

Uvas Creek (South Split) Just north of Bloomfield Avenue between

Monterey Highway and the Southern

Pacific Railroad.

None *166

Approximately 3,000 feet north of Bloomfield Avenue between Monterey Highway and the Southern Pacific Railroad.None *179

Maps are available for inspection at the Santa Clara County Department of Land Use and Development, Central Permit Office, 70 West

Hedding Street, San Jose, California.

Send comments to The Honorable Ron Gonzales, Chairperson, Santa Clara County Board of Supervisors, 70 West Hedding Street, Tenth

Floor, San Jose, California 95110.

Louisiana ................ Calcasieu Parish

(Unincorporated

Areas).

Belfield Lateral .................. Approximately 2,000 feet upstream of

Joe Miller Road.

At the intersection of Stafford and Park

Roads.

*23

*23

*24

*24

Maps are available for inspection at 1015 Pithon Street, Lake Charles, Louisiana.

Send comments to The Honorable Allen August, Parish President, Calcasieu Parish Police Jury, 1015 Pithon Street, Lake Charles, Louisiana

70602.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: August 15, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–22943 Filed 8–27–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 51

[CC Docket No. 96–98, FCC 97–295]

Implementation of the Local

Competition Provisions in the

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission is issuing

this Further Notice of Proposed

Rulemaking (Further NPRM) seeking

comment on whether requesting carriers

may use unbundled shared transport

facilities in conjunction with unbundled

switching, to originate or terminate

interexchange traffic to customers to

whom the requesting carrier does not

provide local exchange service. We also

seek comment on whether similar use

restrictions may apply to the use of

unbundled dedicated transport

facilities. The Commission’s goal is to

increase competition in the local

exchange and exchange access market.

DATES: Comments are due on or before

October 2, 1997 and Reply Comments

are due on or before October 17, 1997.

Written comments by the public on the

proposed and/or modified information

collections are due October 2, 1997.

Written comments must be submitted by

the Office of Management and Budget

(OMB) on the proposed and/or modified

information collections on or before

October 27, 1997.

ADDRESSES: Comments and reply

comments should be sent to Office of

the Secretary, Federal Communications

Commission, 1919 M Street NW., Room

222, Washington, DC 20554, with a copy

to Janice Myles of the Common Carrier

Bureau, 1919 M Street NW., Room 544,

Washington, DC 20554. Parties should

also file one copy of any documents

filed in this docket with the

Commission’s copy contractor,

International Transcription Services,

Inc., 1231 20th St. NW., Washington, DC

20036. In addition to filing comments

with the Secretary, a copy of any

comments on the information

collections contained herein should be

submitted to Judy Boley, Federal

Communications Commission, Room

234, 1919 M Street NW., Washington,

DC 20554, or via the Internet to

jboley@fcc.gov, and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725

17th Street NW., Washington, DC 20503

or via the Internet to fainlt@al.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Kalpak Gude, Attorney, Common

Carrier Bureau, Policy and Program

Planning Division, (202) 418–1580. For

additional information concerning the

information collections contained in

this Further NPRM contact Dorothy

Conway at (202) 418–0217, or via the

Internet at dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Further

Notice of Proposed Rulemaking adopted

and released August 18, 1997 (FCC 97–

295). The full text of this Further NPRM

is available for inspection and copying

during normal business hours in the

FCC Reference Center, 1919 M St. NW.,

Room 239, Washington, DC. The

complete text also may be obtained

through the World Wide Web, at http:/

/www.fcc.gov/Bureaus/Common