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
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 53815 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

Communities affected 

Effective Modified 

Athens County, Ohio, and Incorporated Areas 

Hocking River ........................ Approximately 3,200 feet downstream of State Route 144 None +602 Village of Coolville. 

Just downstream of State Route 144 ................................ None +602 

Hocking River ........................ Approximately 16,000 feet upstream of Highway 50 ........ None +625 Unincorporated Areas of 

Athens County. 

Approximately 100 feet upstream of S. Canaan Road ..... +631 +629 

At Chessie System Railroad .............................................. +650 +649 

Approximately 1,500 feet upstream of Chessie System 

Railroad.

+650 +649 

Hocking River ........................ At confluence with Sunday Creek ..................................... +660 +661 Village of Chauncey. 

Approximately 150 feet upstream of Conrail Railroad ...... +660 +661 

Margaret Creek ..................... Approximately 500 feet upstream of State Highway 682 .. None +649 Unincorporated Areas of 

Athens County, City of 

Athens. 

Approximately 550 feet downstream of State Highway 56 None +649 

Sunday Creek ....................... Approximately 240 feet downstream of Railroad at Village of Trimble/Athens County Unincorporated Areas 

Boundary.

None +679 Unincorporated Areas of 

Athens County. 

Just upstream of Railroad at Village of Trimble/Athens 

County Unincorporated Areas Boundary.

None +680 

Sunday Creek ....................... At State Highway 13 .......................................................... +660 +661 Village of Chauncey. 

Approximately 4,600 feet upstream of State Highway 13 +660 +661 

Sunday Creek ....................... Approximately 240 feet downstream of Railroad at Village of Trimble/Athens County Unincorporated Areas 

Boundary.

None +679 Village of Jacksonville. 

Just upstream of Railroad at Village of Trimble/Athens 

County Unincorporated Areas Boundary.

None +680 

Sunday Creek ....................... Just upstream of Railroad at Village of Trimble/Athens 

County Unincorporated Areas Boundary.

None +680 Village of Trimble. 

Approximately 850 feet Upstream of Center Street .......... None +682 

* 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 Athens 

Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. 

Unincorporated Areas of Athens County 

Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. 

Village of Chauncey 

Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. 

Village of Coolville 

Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. 

Village of Jacksonville 

Maps are available for inspection at 28 Curran Drive, Athens, OH 45701. 

Village of Trimble 

Maps are available for inspection at 15 Congress Street, Trimble, OH 45782. 


pwalker on PROD1PC71 with PROPOSALS
53816 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 8, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–21688 Filed 9–16–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

RIN 0648–AU20 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Revised Management 

Authority for Dark Rockfish in the 

Bering Sea and Aleutian Islands 

Management Area and the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Availability of a proposed 

amendment to a fishery management 

plan; request for comments. 

SUMMARY: The North Pacific Fishery 

Management Council has submitted 

Amendment 73 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and Amendment 77 

to the Fishery Management Plan for 

Groundfish of the Gulf of Alaska 

(collectively, Amendments 73/77) for 

Secretarial (Commerce) approval. If 

approved, Amendments 73/77 would 

remove dark rockfish (Sebastes ciliatus) 

from both fishery management plans 

(FMPs). Consequently, the State of 

Alaska would then assume management 

of dark rockfish in the Bering Sea and 

Aleutian Islands Management Area and 

the Gulf of Alaska. This action is 

necessary to allow the State of Alaska to 

implement more responsive, regionally 

based management of dark rockfish than 

is currently possible under the FMPs. 

This action would improve conservation 

and management of dark rockfish and is 

intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMPs, and other applicable 

laws. 

DATES: Comments on the proposed 

amendments must be received on or 

before November 17, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

AU20 by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Copies of Amendments 73/77 and the 

Environmental Assessment/Regulatory 

Impact Review/Initial Regulatory 

Flexibility Analysis (EA/RIR/IRFA) 

prepared for this action are available 

from the Alaska Region NMFS at the 

address above or from the Alaska Region 

NMFS website at http:// 

alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires that 

each Regional Fishery Management 

Council submit any fishery management 

plan (FMP) amendment it prepares to 

the Secretary for review and approval, 

disapproval, or partial approval. The 

Magnuson-Stevens Act also requires 

that NMFS, upon receiving an FMP 

amendment, immediately publish a 

notice in the Federal Register that the 

amendment is available for public 

review and comment. This action 

constitutes such notice for Amendments 

73/77 to the FMPs. 

Amendments 73/77 were 

unanimously adopted by the North 

Pacific Fishery Management Council 

(Council) in April 2007. If approved by 

the Secretary, these amendments would 

remove dark rockfish (Sebastes ciliatus) 

from the FMPs and would thereby allow 

the State of Alaska (State) to extend its 

management authority for dark rockfish 

into Federal waters off the State. 

The Council recommended 

Amendments 73/77 because dark 

rockfish are a nearshore, shallow-water 

species which are rarely caught in 

offshore Federal waters. Dark rockfish 

currently are contained in the pelagic 

shelf rockfish (PSR) complex in the Gulf 

of Alaska. The overfishing limit and 

acceptable biological catch limit for PSR 

are based primarily on the stock 

assessment for dusky rockfish. Dusky 

rockfish comprise the majority of the 

total exploitable biomass estimate for 

the PSR complex. In the Bering Sea and 

Aleutian Islands management area, dark 

rockfish are contained within the ‘‘other 

rockfish’’ complex, the biomass of 

which is largely comprised of dusky 

rockfish and thornyhead rockfish. 

Under Amendments 73/77, the State 

could implement more responsive, 

regionally based management of dark 

rockfish than is possible under the 

FMPs. State management would reduce 

the possibility of overexploitation and 

localized depletion of dark rockfish that 

could occur if it is continued to be 

managed within the larger PSR and 

‘‘other rockfish’’ complexes under the 

FMPs. 

NMFS is soliciting public comments 

on Amendments 73/77 through 

November 17, 2008. A proposed rule 

that would implement Amendments 73/ 

77 will be published in the Federal 

Register for public comment at a later 

date, following NMFS’ evaluation under 

the Magnuson-Stevens Act procedures. 

Comments received by November 17, 

2008, whether specifically directed to 

the amendments or the proposed rule 

will be considered in the approval/ 

disapproval decision on Amendments 

73/77. Comments received after that 

date will not be considered in the FMP 

amendment approval/disapproval 

decision. All comments received on 

Amendments 73/77 or on the proposed 

rule during their respective comment 

periods will be addressed in the final 

rule. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 11, 2008. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–21745 Filed 9–16–08; 8:45 am] 

BILLING CODE 3510–22–S 


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