51400 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Proposed Rules 

Dated: August 27, 2008. 

Susan Parker Bodine, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. E8–20389 Filed 9–2–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–1002] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and 

proposed BFE modifications for the 

communities listed in the table below. 

The purpose of this notice is to seek 

general information and comment 

regarding the proposed regulatory flood 

elevations for the reach described by the 

downstream and upstream locations in 

the table below. The BFEs and modified 

BFEs are a part of the floodplain 

management measures that the 

community is required either to adopt 

or show evidence of having in effect in 

order to qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before December 2, 2008. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are available for inspection 

at the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1002, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

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. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

Administrative Procedure Act 

Statement. This matter is not a 

rulemaking governed by the 

Administrative Procedure Act (APA), 5 

U.S.C. 553. FEMA publishes flood 

elevation determinations for notice and 

comment; however, they are governed 

by the Flood Disaster Protection Act of 

1973, 42 U.S.C. 4105, and the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and do not fall under the 

APA. 

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. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

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: 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Proposed Rules 51401 

State City/town/county Source of flooding Location** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

∧Elevation in Local 

Tidal Datum 

Existing Modified 

Unincorporated Areas of Maui County, Hawaii 

Hawaii ........................ Unincorporated Areas 

of Maui County.

Kaluaihakoko Stream Approximately 25 feet upstream of confluence with Pacific Ocean.None ∧3 

Approximately 500 feet upstream of Piilani 

Highway.

None ∧138 

Hawaii ........................ Unincorporated Areas 

of Maui County.

Kamaole Gulch .......... Approximately 90 feet upstream of confluence with Pacific Ocean.None ∧6 

Approximately 325 feet upstream of Piilani 

Highway.

None ∧120 

Hawaii ........................ Unincorporated Areas 

of Maui County.

Waikapu Stream ........ Approximately 255 feet downstream of 

Kuihelani Highway.

None ∧191 

Approximately 1.6 miles upstream of 

Honoapiilani Highway.

None ∧781 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Local Tidal Datum. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

Unincorporated Areas of Maui County 

Maps are available for inspection at Maui County Planning Department, 250 South High Street, 2nd Floor, Wailuku, HI. 

City of Norfolk, Virginia 

Virginia ....................... City of Norfolk ............ Chesapeake Bay ....... Approximately 320 feet north of the intersection of Ocean Avenue and 20th Street.+7.6 +9.1 

Virginia ....................... City of Norfolk ............ Eastern Branch Elizabeth River.Approximately 500 feet southwest of Atlantic 

Street and Waterfront Avenue.

+8.1 +9.1 

Virginia ....................... City of Norfolk ............ Elizabeth River ........... Approximately 1650 feet west of the intersection of Redgate Avenue and Norfolk 

Southern Railroad Yard Access Road.

+7.6 +9.1 

Approximately at the waterfront edge of the 

Norfolk and Southern Railyard.

+7.6 +9.1 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street SW., Washington, DC 20472. 

ADDRESSES 

City of Norfolk 

Maps are available for inspection at 400 Granby Street, Norfolk, VA 23510. 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

St. Clair County, Illinois, and Incorporated Areas 

Catawba Creek ..................... At confluence with Richland Creek .............................. +497 +493 City of Belleville. 

Approximately 570 feet downstream of Catawba Avenue.+497 +496 


yshivers on PROD1PC62 with PROPOSALS
51402 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / 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 

Douglas Creek ...................... At confluence with Richland Creek .............................. +433 +432 Unincorporated Areas of 

St. Clair County. 

Approximately 600 feet upstream of confluence with 

Richland Creek.

+433 +432 

Kaskaskia River .................... At County Boundary with Randolph County ................ +395 +392 Unincorporated Areas of 

St. Clair County, Village 

of New Athens. 

Approximately 8,000 feet upstream of Illinois Central 

Railroad.

+395 +394 

Little Silver Creek .................. At confluence with Silver Creek ................................... +429 +428 Unincorporated Areas of 

St. Clair County. 

Approximately 7,900 feet upstream of Interstate Highway 62 Westbound.+432 +431 

Mississippi River ................... Approximately 7,390 feet downstream of Southern 

County Boundary with Monroe County.

None +420 City of Centreville, City of 

East St. Louis, Unincorporated Areas of St. 

Clair County, Village of 

Alorton, Village of 

Brooklyn, Village of 

Cahokia, Village of 

Caseyville, Village of 

Dupo, Village of East 

Carondelet, Village of 

Fairmont City, Village of 

Sauget, Village of Washington Park. 

Approximately 4,435 feet upstream of Northern County Boundary with Madison County.None +429 

Northwest Tributary to Ogles 

Creek.

At confluence with Unnamed Tributary to Ogles Creek +534 +531 City of Ofallon. 

Approximately 110 feet upstream of the confluence 

with Unnamed Tributary to Ogles Creek.

+534 +533 

Prairie Du Pont Diversion 

Channel.

At confluence with Mississippi River ............................ +423 +422 Unincorporated Areas of 

St. Clair County. 

Approximately 1,200 feet upstream of confluence with 

Mississippi River.

+423 +422 

Richland Creek ..................... Approximately 3,000 feet downstream of SchluetterGermaine Road.+450 +449 City of Belleville, City of 

Ofallon, Unincorporated 

Areas of St. Clair County, Village of Shiloh, Village of Smithton, Village 

of Swansea. 

Approximately 1,090 feet upstream of North Green 

Mount Road.

None +530 

Silver Creek .......................... At confluence with Kaskaskia River ............................. +395 +394 Unincorporated Areas of 

St. Clair County. 

Approximately 250 feet downstream of Five Forks 

Road.

+395 +394 

Wolf Branch .......................... At confluence with Richland Creek .............................. +500 +496 Village of Swansea. 

Approximately 30 feet downstream of Morgan Street +500 +499 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Belleville 

Maps are available for inspection at City Hall, Department of Economic Development and Planning, 101 South Illinois Street, Belleville, IL 

62220. 

City of Centreville 

Maps are available for inspection at City Hall, 5800 Bond Avenue, Centreville, IL 62207. 

City of East St. Louis 

Maps are available for inspection at City Hall, 301 River Park Drive, East St. Louis, IL 62201. 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Proposed Rules 51403 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

City of Ofallon 

Maps are available for inspection at City Hall, 255 South Lincoln Street, O’Fallon, IL 62269. 

Unincorporated Areas of St. Clair County 

Maps are available for inspection at County Courthouse, #10 Public Square, 2nd Floor, Belleville, IL 62220. 

Village of Alorton 

Maps are available for inspection at Village Hall, 4821 Bond Avenue, Alorton, IL 62207. 

Village of Brooklyn 

Maps are available for inspection at Village Hall, 312 South Fifth Street, Lovejoy, IL 62059. 

Village of Cahokia 

Maps are available for inspection at Village of Cahokia Annex Building, Department of Code Enforcement, 201 West Fourth Street, Cahokia, IL 

62206. 

Village of Caseyville 

Maps are available for inspection at Village Hall, 909 South Main Street, Caseyville, IL 62232. 

Village of Dupo 

Maps are available for inspection at Village Hall, 100 North Second Street, Dupo, IL 62239. 

Village of East Carondelet 

Maps are available for inspection at Village Hall, 950 State Street, East Carondelet, IL 62240. 

Village of Fairmont City 

Maps are available for inspection at Village Hall, 2601 North 41st Street, Fairmont City, IL 62201. 

Village of New Athens 

Maps are available for inspection at Village Hall, 905 Spotsylvania Avenue, New Athens, IL 62264. 

Village of Sauget 

Maps are available for inspection at Village Hall, 2897 Falling Springs Road, Sauget, IL 62206. 

Village of Shiloh 

Maps are available for inspection at Village Hall, 1 Park Drive, Shiloh, IL 62269. 

Village of Smithton 

Maps are available for inspection at Village Hall, 101 South Main Street, Smithton, IL 62285. 

Village of Swansea 

Maps are available for inspection at Government Center, 1400 North Illinois Street, Swansea, IL 62226. 

Village of Washington Park 

Maps are available for inspection at Village Hall, 5218 North Park Drive, Washington Park, IL 62204. 

Allen County, Kansas, and Incorporated Areas 

Coon Creek ........................... Approximately 0.60 mile downstream of Highway 54 .. +955 +954 City of Iola, Unincorporated Areas of Allen 

County. 

Approximately 115 feet upstream of North Kentucky 

Street.

+990 +988 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Iola 

Maps are available for inspection at 2 West Jackson, Iola, KS 66749. 

Unincorporated Areas of Allen County 

Maps are available for inspection at 1 North Washington, Iola, KS 66749. 

Van Buren County, Michigan, and Incorporated Areas 

Maple Creek .......................... Approximately 0.4 mile upstream of Ollie Hosier Drive None +645 Township of Bangor. 

Approximately 800 feet downstream of 34th Avenue .. None +648 

South Branch Black River ..... Approximately 900 feet upstream of Kal-Haven Trail .. None +585 City of South Haven. 

Downstream side of 711⁄2 Street .................................. None +585 

* National Geodetic Vertical Datum. 


yshivers on PROD1PC62 with PROPOSALS
51404 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / 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 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of South Haven 

Maps are available for inspection at 539 Phoenix Street, South Haven, MI 49090. 

Township of Bangor 

Maps are available for inspection at 32550 CR 687, Bangor, MI 49013. 

Onondaga County, New York, and Incorporated Areas 

Harbor Brook ......................... Approximately 300 feet upstream of the confluence 

with Onondaga Lake.

+371 +372 City of Syracuse, Town of 

Geddes, Town of Onondaga. 

Approximately 860 feet upstream of State Route 173 +781 +782 

Limestone Creek ................... Approximately 2,990 feet upstream of North Manlius 

Road.

+398 +399 Town of Manlius, Village of 

Fayetteville, Village of 

Manlius, Village of 

Minoa. 

Approximately 160 feet upstream of Pompey Center 

Road.

+724 +725 

Meadow Brook ...................... Confluence with Old Erie Canal Feeder ...................... +431 +429 City of Syracuse, Town of 

Dewitt. 

Approximately 220 feet downstream of Meadow 

Brook Drive.

+544 +541 

Ninemile Creek ..................... Approximately 2,150 feet upstream of the confluence 

with Onondaga Lake.

+372 +371 Town of Geddes, Town of 

Camillus, Town of 

Marcellus, Village of 

Camillus, Village of 

Marcellus. 

Approximately 350 feet upstream of Otisco Valley 

Road.

None +781 

Onondaga Creek ................... Just upstream of Bear Street ....................................... None +371 City of Syracuse, Town of 

Onondaga. 

Approximately 1.1 miles upstream of Dorwin Avenue +432 +431 

Skaneateles Creek ................ Approximately 1.4 miles downstream of Interstate 90 +387 +385 Town of Elbridge, Town of 

Skaneateles, Village of 

Elbridge, Village of Jordan, Village of 

Skaneateles. 

Approximately 960 feet upstream of Kelley Street ...... +859 +860 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Syracuse 

Maps are available for inspection at City Hall, Syracuse, NY 13202. 

Town of Camillus 

Maps are available for inspection at 4600 West Genesee Street, Municipal Building, Syracuse, NY 13219. 

Town of Dewitt 

Maps are available for inspection at Town Hall, 5400 Butternut Drive, East Syracuse, NY 13057. 

Town of Elbridge 

Maps are available for inspection at Town of Elbridge Municipal Building, Jordan, NY 13080. 

Town of Geddes 

Maps are available for inspection at Town Hall, 1000 Woods Road, Solvay, NY 13209. 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Proposed Rules 51405 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Town of Manlius 

Maps are available for inspection at 301 Brooklea Drive, Fayetteville, NY 13066. 

Town of Marcellus 

Maps are available for inspection at Town Hall, 24 East Main Street, Marcellus, NY 13108. 

Town of Onondaga 

Maps are available for inspection at Town Offices, 4801 West Seneca Turnpike, Syracuse, NY 13215. 

Town of Skaneateles 

Maps are available for inspection at Town Offices, 24 Jordan Street, Skaneateles, NY 13152. 

Village of Camillus 

Maps are available for inspection at Village Hall, 37 Main Street, Camillus, NY 13031. 

Village of Elbridge 

Maps are available for inspection at 210 West Main Street, Elbridge, NY 13060. 

Village of Fayetteville 

Maps are available for inspection at 425 East Genesee Street, Fayetteville, NY 13066. 

Village of Jordan 

Maps are available for inspection at 7 Mechanis Street, Jordan, NY 13080. 

Village of Manlius 

Maps are available for inspection at 1 Arkie Albanese Avenue, Manlius, NY 13104. 

Village of Marcellus 

Maps are available for inspection at 6 Slocumbe Avenue, Marcellus, NY 13108. 

Village of Minoa 

Maps are available for inspection at 213 Osborne Street, Minoa, NY 13116. 

Village of Skaneateles 

Maps are available for inspection at 46 East Genesee Street, Skaneateles, NY 13152. 

Caldwell County, North Carolina, and Incorporated Areas 

Angley Creek ........................ Approximately 300 feet upstream of the confluence 

with Gunpowder Creek.

None +1178 Unincorporated Areas of 

Caldwell County, City of 

Lenoir, Town of Hudson. 

Approximately 600 feet upstream of Southeast 

Starcross Road.

None +1252 

Gunpowder Creek ................. At the confluence with Catawba River ......................... None +936 Unincorporated Areas of 

Caldwell County, City of 

Lenoir, Town of Granite 

Falls, Town of Hudson. 

Approximately 700 feet upstream of Southeast Applegate Court.None +1321 

Lower Creek .......................... At the Burke/Caldwell County boundary ...................... None +1026 Unincorporated Areas of 

Caldwell County, City of 

Lenoir, Town of 

Gamewell. 

Approximately 1,900 feet upstream of Cedar Rock 

Circle (State Road 1706).

+1130 +1131 

Zacks Fork Branch ................ At the confluence with Zacks Fork Creek .................... +1106 +1104 City of Lenoir. 

Approximately 1,350 feet upstream of the confluence 

with Zacks Fork Creek.

+1106 +1105 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Lenoir 

Maps are available for inspection at Lenoir City Hall, 801 West Avenue Northwest, 3rd Floor, Lenoir, NC. 

Town of Gamewell 

Maps are available for inspection at Gamewell Town Hall, 2750 Old Morganton Road, Lenoir, NC 28645. 

Town of Granite Falls 

Maps are available for inspection at Granite Falls Town Hall, 30 Park Square, Granite Falls, NC. 


yshivers on PROD1PC62 with PROPOSALS
51406 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / 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 

Town of Hudson 

Maps are available for inspection at Hudson Town Hall, 550 Central Street, Hudson, NC. 

Unincorporated Areas of Caldwell County 

Maps are available for inspection at Caldwell County Courthouse, 1051 Harper Avenue, Lenoir, NC. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: August 22, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–20304 Filed 9–2–08; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 27, and 74 

[WT Docket Nos. 08–166, 08–167; FCC 08– 

188] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this Notice of Proposed 

Rulemaking and Order (NPRM), to 

facilitate the DTV transition the 

Commission tentatively concludes to 

amend its rules to make clear that the 

operation of low power auxiliary 

stations within the 700 MHz Band will 

no longer be permitted after the end of 

the DTV transition. The Commission 

also tentatively concludes to prohibit 

the manufacture, import, sale, offer for 

sale, or shipment of devices that operate 

as low power auxiliary stations in the 

700 MHz Band. In addition, for those 

licensees that have obtained 

authorizations to operate low power 

auxiliary stations in spectrum that 

includes the 700 MHz Band beyond the 

end of the DTV transition, the 

Commission tentatively concludes that 

it will modify these licenses so as not 

to permit such operations in the 700 

MHz Band after February 17, 2009. The 

Commission also seeks comment on 

issues raised by the Public Interest 

Spectrum Coalition (PISC) in its 

informal complaint and petition for 

rulemaking (PISC petition or petition). 

DATES: Interested parties may file 

comments on or before October 3, 2008, 

and reply comments on or before 

October 20, 2008. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 08–166 

and 08–167, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although the Commission continues to 

experience delays in receiving U.S. 

Postal Service mail). All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: Bill 

Stafford, Spectrum and Competition 

Policy Division, Wireless 

Telecommunications Bureau at (202) 

418–0563 or Bill.Stafford@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking and Order in WT 

Docket Nos. 08–166 and 08–167, FCC 

08–188, adopted August 15, 2008, and 

released on August 21, 2008. This 

summary should be read with its 

companion document, the final rule 

summary published elsewhere in this 

issue of the Federal Register. The full 

text of the public notice is available for 

public inspection and copying during 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. It also may be 

purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554; the contractor’s 

Web site, http://www.bcpiweb.com; or 

by calling (800) 378–3160, facsimile 

(202) 488–5563, or e-mail 

FCC@BCPIWEB.com. Copies of the 

public notice also may be obtained via 

the Commission’s Electronic Comment 

Filing System (ECFS) by entering the 

docket numbers, WT Docket No. 08–166 

and WT Docket No. 08–167. 

Additionally, the complete item is 

available on the Federal 

Communications Commission’s Web 

site at http://www.fcc.gov. 

Synopsis of the Notice of Proposed 

Rulemaking 

Introduction 

The Digital Television Transition and 

Public Safety Act of 2005 (DTV Act) set 

a firm deadline for the end of the digital 

television (DTV) transition of February 

17, 2009, at which time the spectrum in 

the 698–806 MHz band (700 MHz 

Band), currently occupied by television 

broadcasters in TV Channels 52–69, will 

be fully available for public safety as 

well as commercial wireless services. As 

the Commission has recognized, it is 

incumbent on the Commission to take 

all steps necessary to make this 

spectrum effectively available both to 

public safety and commercial licensees 

at the end of the DTV transition. 

1. In this Notice of Proposed 

Rulemaking and Order (NPRM), the 

Commission considers broadcast low 

power auxiliary stations, which have 

been permitted to operate on TV 

Channels 52–69 in the 700 MHz Band, 

as well as in several other bands, on a 

secondary non-interference basis. The 

Commission tentatively concludes to 

amend its rules to make clear that the 

operation of low power auxiliary 

stations within the 700 MHz Band will 


yshivers on PROD1PC62 with PROPOSALS