Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules 61259

§ 201.31 Fees.

(a) The Commission shall not charge

any fee for the cost of searching for and

reviewing an individual’s records.

(b) Reproduction, duplication or

copying of records by the Commission

shall be at the rate of $0.10 per page.

There shall be no charge, however,

when the total amount does not exceed

$25.00.

§ 201.32 Specific exemptions.

(a) Pursuant to 5 U.S.C. 552a(k)(2),

and in order to protect the effectiveness

of Inspector General investigations by

preventing individuals who may be the

subject of an investigation from

obtaining access to the records and thus

obtaining the opportunity to conceal or

destroy evidence or to intimidate

witnesses, records contained in the

system titled Office of Inspector General

Investigative Files (General), insofar as

they include investigatory material

compiled for law enforcement purposes,

shall be exempt from this subpart and

from subsections (c)(3), (d), (e)(1),

(e)(4)(G), (H), and (I) and (f) of the

Privacy Act. However, if any individual

is denied any right, privilege, or benefit

to which he is otherwise entitled to

under Federal law due to the

maintenance of this material, such

material shall be provided to such

individual except to the extent that the

disclosure of such material would reveal

the identity of a source who furnished

information to government investigators

under an express promise that the

identity of the source would be held in

confidence.

(b) Pursuant to 5 U.S.C. 552a(j)(2), and

in order to protect the confidentiality

and integrity of Inspector General

investigations by preventing individuals

who may be the subject of an

investigation from obtaining access to

the records and thus obtaining the

opportunity to conceal or destroy

evidence or to intimidate witnesses,

records maintained in the Office of

Inspector General Investigative Files

(Criminal), insofar as they contain

information pertaining to the

enforcement of criminal laws, shall be

exempt from this subpart and from the

Privacy Act, except that subsections (b),

(c)(1) and (2), (e)(4)(A) through (F),

(e)(6), (7), (9), (10), and (11) and (i) shall

still apply to these records.

(c) Pursuant to 5 U.S.C. 552a(k)(1), (5)

and (6), records contained in the system

entitled ‘‘Personnel Security

Investigative Files’’ have been exempted

from subsections (c)(3), (d), (e)(1),

(e)(1)(G)-(I) and (f) of the Privacy Act.

Pursuant to section 552a(k)(1) of the

Privacy Act, the Commission exempts

records that contain properly classified

information that pertains to national

defense or foreign policy and is

obtained from other systems of records

or another Federal agency. Application

of exemption (k)(1) may be necessary to

preclude the data subject’s access to and

amendment of such classified

information under 5 U.S.C. 552a(d). All

information about individuals in these

records that meets the criteria stated in

5 U.S.C. 552a(k)(5) is also exempted

because this system contains

investigatory material compiled solely

for determining suitability, eligibility,

and qualifications for Federal civilian

employment, Federal contracts or access

to classified information. To the extent

that the disclosure of such material

would reveal the identity of a source

who furnished information to the

Government under an express promise

that the identity of the source would be

held in confidence, or, prior to

September 27, 1975, under an implied

promise that the identity of the source

would be held in confidence, the

application of exemption (k)(5) will be

required to honor such a promise

should an individual request access to

the accounting of disclosure, or access

to or amendment of the record, that

would reveal the identity of a

confidential source. All information in

these records that meets the criteria

stated in 5 U.S.C. 552a(k)(6) is also

exempt because portions of a case file

record may relate to testing and

examining material used solely to

determine individual qualifications for

appointment or promotion in the

Federal service. Access to or

amendment of this information by the

data subject would compromise the

objectivity and fairness of the testing or

examining process.

§ 201.33 Employee conduct.

The Privacy Act Officer shall establish

rules of conduct for persons involved in

the design, development, operation, or

maintenance of any system of records,

or in maintaining any record, and

periodically instruct each such person

with respect to such rules and the

requirements of the Privacy Act

including the penalties for

noncompliance.

Issued: November 7, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–29865 Filed 11–14–97; 8:45 am]

BILLING CODE 7020–02–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7235]

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 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

(FEMA or 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
61260 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules

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, Mitigation

Directorate, 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 National Flood

Insurance Program. As a result, a

regulatory flexibility analysis has not

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:

State City/town/county Source of flooding Location

ιDepth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Maine ..................... Union (Town), Knox

County.

Medomak River ................ At downstream county boundary .............. *None *137

At upstream corporate limits .................... *None *200

Crawford River ................. At the confluence with Seven Tree Pond *None *45

At the confluence with Crawford Pond ..... *None *113

St. George River .............. At the confluence with Round Pond ......... *None *45

At Sennebec Pond Dam ........................... *None *85

Mill Stream ....................... At downstream corporate limits ................ *None *113

At Lermond Pond Dam ............................. *None *269

Sennebec Pond ................ Entire shoreline within community ............ *None *92

Round Pond ..................... Entire shoreline within community ............ *None *45

Seven Tree Pond ............. Entire shoreline within community ............ *None *45

Crawford Pond ................. Entire shoreline within community ............ *None *113

Lermond Pond .................. Entire shoreline within community ............ *None *270

Maps available for inspection at the Union Town Office, 568 Common Road, Union, Maine.

Send comments to Mr. Andrew Hart, Union Town Manager, P.O. Box 186, Union, Maine 04862–0186.

Michigan ................. Clinton (Township),

Macomb County.

Clinton River ..................... Approximately 800 feet downstream of

Hall Road.

*594 *595

Middle Branch .................. At Hall Road ............................................. *594 *595

Maps available for inspection at the Clinton Township Office, Planning Department, 40700 Romeo Plank Road, Clinton Township, Michigan.

Send comments to Mr. James R. Sinnamon, Clinton Township Supervisor, 40700 Romeo Plank Road, Clinton Township, Michigan 48038.

Mississippi .............. Laurel (City), Jones

County.

Daphne Park Tributary ..... Upstream side of Illinois Central Gulf

Railroad.

*229 *230

Approximately 750 feet upstream of 8th

Street.

*None *270

Maps available for inspection at the City of Laurel Inspection Department, 401 North 5th Avenue, Room 304, Laurel, Mississippi.

Send comments to Mr. T.G. Myrick, City of Laurel Chief Administrative Officer, P.O. Box 647, Laurel, Mississippi 39441.

New Hampshire ..... Alexandria (Town),

Grafton County.

Newfound Lake ................ Entire shoreline within community ............ None *591

Maps available for inspection at the Alexandria Town Hall, Plummer Hill, Alexandria, New Hampshire.

Send comments to Mr. Ernest Parmenter, Chairman of the Town of Alexandria Board of Selectmen, Alexandria Town Office, Plummer Hill, Alexandria, New Hampshire 03222.

New Hampshire ..... Hebron (Town),

Grafton County.

Newfound Lake ................ Entire shoreline within community ............ *None *591
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules 61261

State City/town/county Source of flooding Location

ιDepth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Maps available for inspection at the Hebron Town Hall, Church Lane, Hebron, New Hampshire.

Send comments to Mr. William White, Chairman of the Town of Hebron Board of Selectmen, P.O. Box 188, Hebron, New Hampshire 03241.

Pennsylvania .......... Carroll (Township)

Perry County.

Sherman Creek ................ Approximately .43 mile downstream of

State Route 34.

*441 *442

Downstream side of Pisgah State Road .. *455 *457

Unnamed Tributary to

Sherman Creek.

Confluence with Sherman Creek ............. *448 *447

Approximately 350 feet downstream of

Private Road.

*448 *447

Maps available for inspection at the Office of the Township Secretary, 5235 Spring Road, Shermans Dale, Pennsylvania.

Send comments to Mr. Charles E. Lupfer, Chairman of the Carroll Township Board of Supervisors, 280 Airy View Road, Shermans Dale,

Pennsylvania 17090.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: October 31, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–30125 Filed 11–14–97; 8:45 am]

BILLING CODE 6718–04–P