Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 53809 

(1) Direct written premium as defined 

in § 50.5(g), adjusted for premium not 

subject to the Federal Terrorism Policy 

Surcharge, summarized by policy year 

and by commercial line of insurance as 

specified in § 50.5(u). 

(2) The aggregate Federal Terrorism 

Policy Surcharge amount calculated by 

applying the established Surcharge 

percentage to the insurer’s adjusted 

direct written premium by policy year. 

(3) In the case of an insurer that has 

chosen not to collect the Federal 

Terrorism Policy Surcharge from its 

policyholders as provided in § 50.74(f), 

a certification that the expense of 

collecting the Surcharge during the 

assessment period would have exceeded 

the amount of the Surcharge collected 

over the assessment period. 

(4) Insurer certification of the 

submission. 

(d) The calculated aggregate Federal 

Terrorism Policy Surcharge amount, as 

described in paragraphs (b)(2) and (c)(2) 

of this section, shall be remitted to 

Treasury upon submission of each 

monthly and annual statement. An 

insurer may request refund of any 

Federal Terrorism Policy Surcharges 

previously remitted to Treasury that 

were subsequently returned by the 

insurer to a policyholder as attributable 

to unearned premium under § 50.74(e). 

A negative calculated amount in a 

monthly or annual statement indicates 

payment from Treasury is due to the 

insurer. 

(e) Reporting shall continue for the 

one-year period following the end of the 

assessment period established by 

Treasury, unless otherwise permitted by 

Treasury. 

§ 50.76 Insurer responsibility. 

For purposes of the collection, 

reporting and remittance of Federal 

Terrorism Policy Surcharges to 

Treasury, an ‘‘insurer,’’ as defined in 

§ 50.5(l), shall not include any affiliate 

of the insurer. 

David G. Nason, 

Assistant Secretary (Financial Institutions). 

[FR Doc. E8–21699 Filed 9–16–08; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–1004] 

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 16, 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–1004, 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. 


pwalker on PROD1PC71 with PROPOSALS
53810 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 

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: 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet(NGVD) 

+ Elevation in feet(NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Orange County, California, and Incorporated Areas 

Aliso Creek ............................ At confluence with Pacific Ocean ................................. +2 +14 City of Laguna Beach, Unincorporated Areas of 

Orange County. 

Approximately 1.09 miles upstream of confluence with 

Pacific Ocean.

+40 +41 

Bluebird Canyon ................... At confluence with Pacific Ocean ................................. None +17 City of Laguna Beach. 

Approximately 0.55 mile upstream of confluence with 

Pacific Ocean.

+125 +124 

Canyon Acres Wash ............. Approximately 70 feet upstream of confluence with 

Laguna Canyon.

None +81 City of Laguna Beach. 

Approximately 1,460 feet upstream of Lewellyn Drive None +185 

Laguna Canyon ..................... At confluence with Pacific Ocean ................................. None +15 City of Laguna Beach, Unincorporated Areas of 

Orange County. 

Approximately 0.72 mile upstream of upstream most 

State Highway 73 crossing.

+343 +344 

* 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 Laguna Beach 

Maps are available for inspection at Laguna Beach City Hall, 505 Forest Avenue, Laguna Beach, CA. 

Unincorporated Areas of Orange County 

Maps are available for inspection at Orange County Public Works Department, 300 North Flower Street, Santa Ana, CA. 

Calcasieu Parish, Louisiana, and Incorporated Areas 

Base Flood Elevation changes ranging from 6 to 17 

feet in the form of Coastal.

+5–14 +6–17 Unincorporated areas of 

Calcasieu Parish, City of 

Sulphur, City of Lake 

Charles, City of 

Westlake. 

Gulf of Mexico ....................... AE/VE zones have been made ....................................

Intersection with U.S. Highway 90 ............................... +7 +5 

Bayou Choupique ................. Intersection with Southern Pacific Railroad line ........... +9 +6 Unincorporated areas of 

Calcasieu Parish. 

* 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 Westlake 

Maps are available for inspection at 1001 Mullberry Street, Westlake, LA 70669. 

Unincorporated Areas of Calasieu Parish 

Maps are available for inspection at 1015 Pithon Street, Lake Charles, LA 70602. 

City of Sulphur 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 53811 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet(NGVD) 

+ Elevation in feet(NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Maps are available for inspection at 500 North Huntington Street, Sulphur, LA 70664. 

City of Lake Charles 

Maps are available for inspection at 326 Pujo Street, Lake Charles, LA 70602. 

Alleghany County, North Carolina, and Incorporated Areas 

Bledsoe Creek ...................... At the confluence with Little River ................................ None +2752 Alleghany County, Town of 

Sparta. 

Approximately 920 feet upstream of Green Needles 

Lane.

None +2919 

Bledsoe Creek Tributary 1 .... At the confluence with Bledsoe Creek ......................... None +2759 Town of Sparta. 

Approximately 110 feet upstream of Cherry Street ..... None +2896 

Brush Creek .......................... At the confluence with Little River ................................ None +2443 Alleghany County. 

Approximately 1.6 miles upstream of Fox Ridge Road None +2522 

Crab Creek ............................ At the confluence with Little River ................................ None +2337 Alleghany County. 

Approximately 0.6 mile upstream of the confluence 

with Little River.

None +2366 

Cranberry Creek ................... At the Alleghany/Ashe County boundary ..................... None +2739 Alleghany County. 

Approximately 850 feet upstream of the Alleghany/ 

Ashe County boundary.

None +2743 

Glade Creek .......................... At the confluence with Little River ................................ None +2499 Alleghany County. 

Approximately 1.4 miles upstream of the confluence 

of Glade Creek Tributary 2.

None +2529 

Glade Creek Tributary 1 ....... At the confluence with Glade Creek ............................ None +2501 Alleghany County. 

Approximately 0.4 mile upstream of Fox Den Lane .... None +2565 

Glade Creek Tributary 2 ....... At the confluence with Glade Creek ............................ None +2509 Alleghany County. 

Approximately 0.8 mile upstream of the confluence 

with Glade Creek.

None +2579 

Little River ............................. Approximately 1,100 feet downstream of the confluence of Crab Creek.None +2333 Alleghany County, Town of 

Sparta. 

Approximately 1.0 mile upstream of the confluence of 

Little River Tributary 2.

None +2851 

Little River Tributary 1 .......... At the confluence with Little River ................................ None +2587 Alleghany County. 

Approximately 1,950 feet upstream of the confluence 

with Little River.

None +2660 

Little River Tributary 2 .......... At the confluence with Little River ................................ None +2829 Alleghany County, Town of 

Sparta. 

Approximately 0.7 mile upstream of the confluence 

with Little River.

None +2905 

Moccasin Creek .................... At the confluence with Little River ................................ None +2431 Alleghany County. 

Approximately 0.6 mile upstream of the confluence 

with Little River.

None +2480 

New River ............................. Approximately 0.4 mile downstream of the confluence 

with New River Tributary 1.

None +2318 Alleghany County. 

At the confluence of South Fork New River and North 

Fork New River.

None +2487 

New River Tributary 1 ........... Approximately 200 feet upstream of the confluence 

with New River.

None +2319 Alleghany County. 

Approximately 0.7 mile upstream of the confluence 

with New River.

None +2364 

New River Tributary 2 ........... At the confluence with New River ................................ None +2339 Alleghany County. 

Approximately 1,720 feet upstream of Riverwood 

Lane.

None +2390 

Pine Swamp Creek ............... At the confluence with Little River ................................ None +2803 Alleghany County. 

Approximately 0.7 mile upstream of Grandview Drive 

(State Road 1172).

None +2818 

South Fork New River .......... At the confluence with New River ................................ None +2487 Alleghany County. 

Approximately 1.4 miles upstream of the confluence 

of South Fork New River Tributary 2.

None +2526 

South Fork New River Tributary 1.At the confluence with South Fork New River ............. None +2509 Alleghany County. 

Approximately 0.5 mile upstream of the confluence 

with South Fork New River.

None +2535 

South Fork New River Tributary 2.At the confluence with South Fork New River ............. None +2516 Alleghany County. 

Approximately 0.7 mile upstream of the confluence 

with South Fork New River.

None +2572 

Vile Creek ............................. At the confluence with Little River ................................ None +2674 Alleghany County, Town of 

Sparta. 


pwalker on PROD1PC71 with PROPOSALS
53812 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 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 

Approximately 1,660 feet upstream of NC Highway 18 None +2759 

Vile Creek Tributary 1 ........... At the confluence with Vile Creek ................................ None +2695 Alleghany County, Town of 

Sparta. 

Approximately 0.4 mile upstream of the confluence 

with Vile Creek.

None +2751 

* 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 

Alleghany County 

Maps are available for inspection at Alleghany County Planning Department, County Administration Building, 348 South Main Street, Sparta, 

NC. 

Town of Sparta 

Maps are available for inspection at Sparta Town Hall, 304 South Main Street, Sparta, NC. 

Watauga County, North Carolina, and Incorporated Areas 

Boone Creek ......................... At the confluence with Winkler Creek .......................... +3120 +3122 Town of Boone. 

Approximately 350 feet upstream of West King Street None +3311 

Cobb Creek ........................... At the confluence with Meat Camp Creek ................... None +3169 Unincorporated Areas of 

Watauga County. 

Approximately 1,540 feet upstream of Cobbs Creek 

Road (State Road 1325).

None +3307 

Elk Creek .............................. Approximately 100 feet downstream of the Watauga/ 

Wilkes County boundary.

None +1349 Unincorporated Areas of 

Watauga County. 

Approximately 1.1 miles upstream of Jakes Mountain 

Road.

None +2135 

Elk Creek (into South Fork 

River).

Approximately 50 feet upstream of Big Hill Road 

(State Road 1350).

None +2955 Unincorporated Areas of 

Watauga County. 

Approximately 250 feet upstream of State Road 194 .. None +2982 

Flannery Fork ........................ At the confluence with Winkler Creek .......................... None +3253 Unincorporated Areas of 

Watauga County, Town 

of Boone. 

Approximately 430 feet upstream of Sky Ranch Road None +3469 

Gap Creek ............................. At the Watauga/Ashe County boundary ....................... None +2952 Unincorporated Areas of 

Watauga County. 

Approximately 160 feet upstream of James Parsons 

Road.

None +3076 

Hodges Creek ....................... Approximately 430 feet upstream of the confluence 

with Boone Creek.

+3126 +3127 Town of Boone. 

Approximately 140 feet upstream of NC 105 Highway None +3286 

Howard Creek ....................... Approximately 1,440 feet upstream of Moss Hill Road None +3212 Unincorporated Areas of 

Watauga County. 

Approximately 0.6 mile upstream of Millers Pond 

Lane.

None +3418 

Left Prong Stony Fork ........... At the Watauga/Wilkes County boundary .................... None +1639 Unincorporated Areas of 

Watauga County. 

Approximately 220 feet upstream of the confluence of 

Wildcat Creek.

None +1947 

Meat Camp Creek ................. At the confluence with South Fork New River ............. +3057 +3058 Unincorporated Areas of 

Watauga County. 

Approximately 1.1 miles upstream of Bryan Hollow 

Road (State Road 1339).

None +3495 

Meat Camp Creek Tributary At the confluence with Meat Camp Creek ................... None +3156 Unincorporated Areas of 

Watauga County. 

Approximately 1,160 feet upstream of NC 194 Highway North.None +3213 

Middle Fork ........................... Approximately 500 feet downstream of Shoppes On 

The Parkway Road.

+3458 +3455 Unincorporated Areas of 

Watauga County, Town 

of Blowing Rock. 

Approximately 0.4 mile upstream of Goforth Road ...... None +3630 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 53813 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet(NGVD) 

+ Elevation in feet(NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Norris Fork ............................ At the confluence with Meat Camp Creek ................... None +3200 Unincorporated Areas of 

Watauga County. 

Approximately 0.4 mile upstream of the confluence 

with Meat Camp Creek.

None +3248 

Pine Orchard Creek .............. At the confluence with Elk Creek (into South Fork 

New River).

None +2974 Unincorporated Areas of 

Watauga County. 

Approximately 0.7 mile upstream of the confluence 

with Elk Creek (into South Fork New River).

None +3041 

Stony Fork ............................. At the Watauga/Wilkes County boundary .................... None +1975 Unincorporated Areas of 

Watauga County. 

Approximately 40 feet downstream of Stoney Fork 

Road.

None +2265 

Stony Fork Tributary ............. At the confluence with Stony Fork ............................... None +2260 Unincorporated Areas of 

Watauga County. 

Approximately 1,470 feet upstream of Stoney Fork 

Road.

None +2341 

Unnamed Tributary to Middle 

Fork.

At the confluence with Middle Fork .............................. +3479 +3477 Unincorporated Areas of 

Watauga County, Town 

of Blowing Rock. 

Approximately 0.7 mile upstream of Chetola Lake 

Drive.

None +3546 

Wildcat Creek ........................ At the confluence with Left Prong Stony Fork ............. None +1941 Unincorporated Areas of 

Watauga County. 

Approximately 0.6 mile upstream of Bill Miller Lane .... None +2469 

Winkler Creek ....................... Approximately 150 feet downstream of Pride Drive .... +3114 +3113 Unincorporated Areas of 

Watauga County, Town 

of Boone. 

Approximately 300 feet upstream of Rainbow Mountain Road.None +3442 

* 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 

Town of Blowing Rock 

Maps are available for inspection at Blowing Rock Town Hall, 1036 Main Street, Blowing Rock, NC. 

Town of Boone 

Maps are available for inspection at Town of Boone Planning and Inspections Office, 1500 Blowing Rock Road, Boone, NC. 

Unincorporated Areas of Watauga County 

Maps are available for inspection at Watauga County Planning and Inspections Department, 331 Queen Street, Suite 8, Boone, NC. 

Grant County, South Dakota, and Incorporated Areas 

South Fork Whetstone River Approximately 48 feet upstream of 479th Avenue ....... None +1116 City of Milbank, Unincorporated Areas of Grant 

County. 

Approximately 790 feet upstream of North Dakota 

Street.

None +1132 

* 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 Milbank 

Maps are available for inspection at Milbank City Offices, 1001 East 4th Avenue, Milbank, SD. 


pwalker on PROD1PC71 with PROPOSALS
53814 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 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 

Unincorporated Areas of Grant County 

Maps are available for inspection at Grant County Courthouse, 210 East 5th Avenue, Milbank, SD. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 4, 2008. 

Michael K. Buckley, 

Deputy Assistant Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–21687 Filed 9–16–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–1006] 

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 16, 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–1006, 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: 


pwalker on PROD1PC71 with PROPOSALS