52234 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 

Bristol County, Massachusetts (All Jurisdictions) 

Buzzards Bay ........................ Approximately 1,650 feet East of intersection of River 

Road and Redwing Lane.

+13 +24 Town of Dartmouth, City of 

New Bedford, Town of 

Fairhaven, Town of 

Westport. 

Approximately 875 feet South from end of Club 

House Drive.

+31 +24 

Dated: August 26, 2008. 

Michael K. Buckley, 

Deputy Assistant Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–20821 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 Plymouth County, 

Massachusetts (All Jurisdictions). 

Specifically, it addresses flooding 

source ‘‘Atlantic Ocean.’’

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 ‘‘Plymouth 

County, Massachusetts and Incorporated 

Areas’’ addressed flooding source 

‘‘Atlantic Ocean.’’ 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. 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

Communities 

affected 

Effective Modified 

Plymouth County, Massachusetts (All Jurisdictions) 

Atlantic Ocean ....................... Approximately 150 feet south of intersection of Brant 

Beach Avenue and Ocean View Avenue.

+17 +19 Town of Hingham, Town of 

Hull, Town of Marion, 

Town of Mattapoisett 

and Town of Wareham. 

Approximately 210 feet southeast of intersection of 

Highland Avenue and Mount Pleasant Way.

+9 +33 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Proposed Rules 52235 

Dated: August 26, 2008. 

Michael K. Buckley, 

Deputy Assistant Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–20823 Filed 9–8–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R6–ES–2008–0023; 1111 FY07 MO–

B2] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Bonneville 

Cutthroat Trout as Threatened or 

Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of a 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce our 

12-month finding on a petition to list 

the Bonneville cutthroat trout 

(Oncorhynchus clarkii utah) as a 

threatened subspecies throughout its 

range in the United States, pursuant to 

the Endangered Species Act of 1973, as 

amended (Act). After a thorough review 

of all available scientific and 

commercial information, we find that 

listing the Bonneville cutthroat trout as 

either threatened or endangered is not 

warranted at this time. We ask the 

public to continue to submit to us any 

new information that becomes available 

concerning the status of or threats to the 

subspecies. This information will help 

us to monitor and encourage the 

conservation of the subspecies. 

DATES: The finding in this document 

was made on September 9, 2008. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov. Supporting 

documentation we used in preparing 

this finding is available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, Utah Ecological 

Services Office, 2369 West Orton Circle, 

Suite 50, West Valley City, Utah 84119; 

telephone (801) 975–3330. Please 

submit any new information, materials, 

comments, or questions concerning this 

finding to the above address or via 

electronic mail (e-mail) at 

paul_abate@fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Larry Crist, Field Supervisor, U.S. Fish 

and Wildlife Service, Utah Ecological 

Services Office (see ADDRESSES section). 

If you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), requires that, 

for any petition to revise the List of 

Endangered and Threatened Species 

that contains substantial scientific and 

commercial information that listing may 

be warranted, we make a finding within 

12 months of the date of receipt of the 

petition on whether the petitioned 

action is: (a) Not warranted, (b) 

warranted, or (c) warranted but the 

immediate proposal of a regulation 

implementing the petitioned action is 

precluded by other pending proposals to 

determine whether species are 

threatened or endangered, and 

expeditious progress is being made to 

add or remove qualified species from 

the List of Endangered and Threatened 

Species. Section 4(b)(3)(C) of the Act 

requires that a petition for which the 

requested action is found to be 

warranted but precluded be treated as 

though resubmitted on the date of such 

finding, that is, requiring a subsequent 

finding to be made within 12 months. 

Such 12-month findings must be 

published in the Federal Register. 

Previous Federal Actions 

On February 26, 1998, we received a 

petition, dated February 5, 1998, from 

the Biodiversity Legal Foundation 

requesting that the Service list the 

Bonneville cutthroat trout 

(Oncorhynchus clarkii utah) (BCT) as 

threatened in U.S. river and lake 

ecosystems where it continues to exist, 

and to designate its occupied habitat as 

critical habitat within a reasonable 

period of time following the listing. On 

December 8, 1998, we published a 90- 

day petition finding for the BCT in the 

Federal Register (63 FR 67640). We 

found that the petition presented 

substantial information indicating that 

the subspecies may be warranted for 

listing under the Act, and initiated a 

review of the subspecies’ status within 

its historic range. 

In the 1998 90-day finding, we 

solicited additional data, comments, 

and suggestions from the public, other 

governmental agencies, the scientific 

community, industry, and other 

interested parties concerning the status 

of the BCT throughout its range. The 

comment period for submission of 

additional information ended on 

January 7, 1999, but was reopened (64 

FR 2167) during January 13 through 

February 12, 1999. We published a 12- 

month finding in the Federal Register 

on October 9, 2001 (66 FR 51362), and 

documented that the BCT was not 

warranted for listing under the Act 

because it was neither endangered nor 

likely to become endangered within the 

foreseeable future throughout all or a 

significant portion of its range. 

On February 17, 2005, we were sued 

by the Center for Biological Diversity, 

and others, on the merits of the 12- 

month finding. On March 7, 2007, the 

District Court of Colorado dismissed the 

lawsuit after determining that Plaintiffs 

failed to demonstrate the not warranted 

finding was arbitrary, capricious, or 

contrary to law. The Plaintiffs appealed 

to the 10th Circuit Court of Appeals on 

May 4, 2007. 

On March 16, 2007, in the interim 

between the lawsuit dismissal and 

appeal, the Solicitor of the Department 

of the Interior issued a formal opinion 

regarding the legal interpretation of the 

term ‘‘significant portion of the range’’

of a species (DOI 2007). The opinion 

provides guidance on analysis intended 

to determine whether a species is in 

danger of extinction throughout a 

significant portion of its range when it 

is not in danger of extinction throughout 

its entire current range. Because this 

opinion was pertinent to the BCT 

decision, we withdrew the 2001 12- 

month finding for BCT (USFWS 2007, 

entire), and initiated a new status 

review to include significant portion of 

the range analysis. We published a 

notice in the Federal Register (73 FR 

7236) announcing the opening of a 

comment period from February 7 

through April 7, 2008. The notice 

specified that the new status review 

would include consideration and 

analysis of all information previously 

submitted, and any new information 

provided regarding the status of the 

BCT. 

Species Biology 

The BCT is native to the Bonneville 

basin, and is 1 of 14 subspecies of 

cutthroat trout recognized by Behnke 

(1992, pp. 3–21, 132–138) that are 

native to interior regions of western 

North America. BCT generally have 

large, evenly distributed spots, but a 

high degree of intra-basin variation 

exists. BCT tend to develop large, 

pronounced spots that are evenly 

distributed on the sides of the body 

rather than concentrated posteriorly as 

in the Yellowstone cutthroat trout 

(Oncorhynchus clarkii bouveri) 


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