52230 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Proposed Rules 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 29, 2008. 

Russell L. Wright, Jr., 

Acting Regional Administrator, Region 4. 

[FR Doc. E8–20874 Filed 9–8–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–1003] 

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 8, 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–1003, 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.(email) 

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. 175 / Tuesday, September 9, 2008 / Proposed Rules 52231 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Hunterdon County, New Jersey, and Incorporated Areas 

Back Brook ............................ Upstream of Van Lieu’s Rd .......................................... +117 +119 Township of East Amwell. 

Upstream of Route 179 ................................................ +193 +195 

First Neshanic River ............. Downstream of U.S. Route 202 ................................... +147 +148 Township of Raritan. 

Upstream of Railroad ................................................... +154 +160 

Holland Brook ....................... Downstream of Hillcrest/Centerville Rd ........................ +99 +101 Township of Readington. 

Upstream of Holland Brook Rd .................................... +148 +148 

Neshanic River ...................... Downstream of Rainbow Hill Rd .................................. +106 +104 Township of East Amwell. 

Downstream of Old York Rd ........................................ +120 +125 

Neshanic River ...................... Upstream of Everitt Rd ................................................. +123 +128 Township of Raritan. 

Downstream of Kuhl Rd ............................................... +135 +137 

Second Neshanic River ........ Upstream of U.S. Route 202 ........................................ +141 +143 Township of Raritan. 

Upstream of Joanna Farm Rd ...................................... +171 +172 

South Branch Raritan River .. Downstream of Old York Rd ........................................ +97 +97 Township of Raritan. 

Downstream of Railroad ............................................... +106 +107 

South Branch Raritan River .. Upstream of Higginsville Rd ......................................... +92 +92 Township of Readington.

Downstream of Rockafellows Mills Rd ......................... +104 +104 

Third Neshanic River ............ Downstream of U.S. Route 202 ................................... +137 +140 Township of Raritan. 

Upstream of Everitt Rd ................................................. +149 +152 

Walnut Brook ........................ Upstream of Railroad ................................................... +154 +160 Township of Raritan. 

Upstream of Mine Rd ................................................... +189 +191 

Walnut Brook ........................ Upstream of Corporate Limits ...................................... +167 +170 Borough of Flemington. 

Upstream State Route 12 ............................................. +179 +180 

* 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 

Borough of Flemington 

Maps are available for inspection at Borough Hall, 38 Park Avenue, Flemington, NJ 08822. 

Township of East Amwell 

Maps are available for inspection at Municipal Building, 1070 Route 202/31, Ringoes, NJ 08551–1051. 

Township of Raritan 

Maps are available for inspection at Municipal Building, One Municipal Drive, Flemington, NJ 08822. 

Township of Readington 

Maps are available for inspection at Municipal Building, 509 Route 523, Whitehouse Station, NJ 08889. 

Transylvania County, North Carolina, and Incorporated Areas 

Allison Creek ......................... Approximately 450 feet upstream of the confluence 

with Lamb Creek.

+2115 +2116 Unincorporated Areas of 

Transylvania County, 

City of Brevard. 

Approximately 1,100 feet upstream of Camp Straus 

Road.

+2189 +2187 

Davidson River Tributary 1 ... At the confluence with Davidson River ........................ +2108 +2109 Unincorporated Areas of 

Transylvania County, 

City of Brevard. 

Approximately 1,440 feet upstream of Ecusta Road ... +2138 +2144 

Lime Kiln Creek .................... Approximately 0.6 mile upstream of the confluence 

with French Broad River.

+2149 +2150 Unincorporated Areas of 

Transylvania County. 

Approximately 750 feet upstream of Ross Road 

(State Road 1334).

+2211 +2213 

Mason Creek ......................... Approximately 50 feet upstream of Whitmire Road 

(State Road 1128).

+2158 +2159 Unincorporated Areas of 

Transylvania County. 

Approximately 0.4 mile upstream of Cherryfield Loop 

(State Road 1392).

+2209 +2227 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 


yshivers on PROD1PC62 with PROPOSALS
52232 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 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 

** 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 Brevard 

Maps are available for inspection at City of Brevard Planning Department, 95 West Main Street, Brevard, NC. 

Unincorporated Areas of Transylvania County 

Maps are available for inspection at Transylvania County Inspections Department, 98 East Morgan Street, Brevard, NC. 

Crockett County, Tennessee, and Incorporated Areas 

South Fork of Forked Deer 

River.

At the Crockett/Madison/Haywood county boundary ... None +319 Unincorporated Areas of 

Crockett County. 

Approximately 1,365 feet upstream of the confluence 

with Connley Creek (At the Crockett/Madison county boundary).

None +324 

* 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 

Unincorporated Areas of Crockett County 

Maps are available for inspection at 1 S. Bell Street, Courthouse, Alamo, TN 38001. 

Dickson County, Tennessee, and Incorporated Areas 

East Piney River ................... At the confluence of Piney River .................................. None +584 Unincorporated Areas of 

Dickson County, City of 

Dickson. 

Approximately 3,400 feet upstream of the confluence 

of Willow Branch.

None +696 

Fivemile Creek ...................... Approximately 2,700 feet downstream of County 

Highway 1847.

None +548 Unincorporated Areas of 

Dickson County, Town 

of White Bluff. 

Approximately 3,370 feet upstream of County Highway 1847.None +584 

Piney River ............................ At the confluence with East Piney River ...................... None +584 Unincorporated Areas of 

Dickson County. 

Approximately 200 feet upstream of County Road 

1858.

None +629 

* 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 Dickson 

Maps are available for inspection at Director of Planning and Zoning, 200 Center Avenue, Dickson, TN 37055. 

Town of White Bluff 

Maps are available for inspection at 1016 Taylor Town Road, White Bluff, TN 37187. 

Unincorporated Areas of Dickson County 

Maps are available for inspection at Director of Planning and Zoning, 2 Court Square, Charlotte, TN 37036. 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Proposed Rules 52233 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Humphreys County, Tennessee, and Incorporated Areas 

Kentucky Lake (Tennessee 

River).

At the Humphreys/Perry/Benton county boundary ....... None +375 Humphreys County, City of 

New Johnsonville. 

At the Humphreys/Houston/Benton county boundary .. None +375 

* 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 New Johnsonville 

Maps are available for inspection at City Hall, 323 Long Street, New Johnsonville, TN 37134. 

Humphreys County 

Maps are available for inspection at Chamber of Commerce, 124 E. Main Street, Waverly, TN 37185. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: August 26, 2008. 

Michael K. Buckley, 

Deputy Assistant Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–20822 Filed 9–8–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–7786] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On June 20, 2008, FEMA 

published in the Federal Register a 

proposed rule that contained an 

erroneous table. This notice provides 

corrections to that table, to be used in 

lieu of the information published at 73 

FR 35114. The table provided here 

represents the flooding source, location 

of referenced elevation, effective and 

modified elevation, and communities 

affected for Bristol County, 

Massachusetts (All Jurisdictions). 

Specifically, it addresses flooding 

source ‘‘Buzzards Bay.’’

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) publishes proposed 

determinations of Base (1% annualchance) Flood Elevations (BFEs) and 

modified BFEs for communities 

participating in the National Flood 

Insurance Program (NFIP), 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. 

Correction 

In the proposed rule published at 73 

FR 35114, in the June 20, 2008 issue of 

the Federal Register, FEMA published a 

table under the authority of 44 CFR 

67.4. The table, entitled ‘‘Bristol County, 

Massachusetts and Incorporated Areas’’

addressed flooding sources ‘‘Buzzards 

Bay.’’ That table contained inaccurate 

information as to the location of 

referenced elevation, effective and 

modified elevation in feet, or 

communities affected for these flooding 

sources. In this notice, FEMA is 

publishing a table containing the 

accurate information, to address these 

prior errors. The information provided 

below should be used in lieu of that 

previously published. 


yshivers on PROD1PC62 with PROPOSALS