Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules 55469 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

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, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: September 15, 2008. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E8–22557 Filed 9–24–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–1007] 

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 24, 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–1007, 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: 


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55470 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 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 

Mohave County, Arizona, and Incorporated Areas 

Williams Wash ...................... Approximately 250 feet upstream of confluence Highland/Green Wash.#2 +703 City of Bullhead City. 

Approximately 622 feet upstream of La Puerta Road None +1471 

* 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 Bullhead City 

Maps are available for inspection at 1255 Marina Blvd, Bullhead City, AZ 86442. 

Brown County, Illinois, and Incorporated Areas 

Illinois River ........................... From the limit of flooding affecting community at river 

mile 71.3 in Pike County; 0.7 miles downstream of 

the Pike/Brown County Border at approximately 

State Hwy 104.

+447 +448 Unincorporated Areas of 

Brown County. 

To the Schuyler/Morgan County Border at river mile 

83.8; approximately the mouth of the La Moine 

River.

+448 +450 

* 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 Brown County 

Maps are available for inspection at Brown County Courthouse, 200 West Court Street, Mt. Sterling, IL 62353. 

Anderson County, Kentucky, and Incorporated Areas 

Kentucky River ...................... Anderson County and Franklin County corporate limits.None +509 Unincorporated Areas of 

Anderson County. 

Anderson County and Mercer County corporate limits. None +527 

* 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 Anderson County 

Maps are available for inspection at 139 Main Street, Lawrenceburg, KY 40342. 

Henderson County, Kentucky, and Incorporated Areas 

Canoe Creek ......................... Just upstream US–41 ................................................... None +376 Unincorporated Areas of 

Henderson County, City 

of Henderson. 

At confluence with Elam Ditch ..................................... None +383 

Elam Ditch ............................. At confluence with Canoe Creek .................................. None +383 Unincorporated Areas of 

Henderson County. 

At Airline Road (KY–812) ............................................. None +393 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules 55471 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

Communities affected 

Effective Modified 

Elam Ditch Tributary 1 .......... At confluence with Elam Ditch ..................................... None +384 Unincorporated Areas of 

Henderson County. 

Approximately 1250 feet downstream Toy Anthoston 

Road (KY–2677).

None +395 

Elam Ditch Tributary 2 .......... At confluence with Elam Ditch ..................................... None +384 Unincorporated Areas of 

Henderson County. 

Just downstream Airline Road (KY–812) ..................... None +395 

Elam Ditch Tributary 3 .......... At confluence with Elam Ditch ..................................... None +384 Unincorporated Areas of 

Henderson County. 

Just downstream Toy Anthoston .................................. None +389 

Kimsey Lane Left Tributary ... At confluence with North Fork Canoe Creek ............... +387 +388 Unincorporated Areas of 

Henderson County, City 

of Henderson. 

Approximately 750 feet upstream Van Wyk Road ....... +387 +388 

Kimsey Lane Right Tributary At confluence with North Fork Canoe Creek ............... +387 +388 Unincorporated Areas of 

Henderson County, City 

of Henderson. 

At Kinsey Lane (KY–6112) ........................................... +387 +388 

Middle Canoe Creek ............. At confluence with Sellers Ditch ................................... +379 +382 Unincorporated Areas of 

Henderson County, City 

of Henderson. 

At confluence with Elam Ditch ..................................... +380 +382 

North Fork Canoe Creek ...... At confluence with Canoe Creek .................................. +378 +382 Unincorporated Areas of 

Henderson County, City 

of Henderson. 

At approximately 4000 feet upstream Kimsey Lane 

(KY–6112).

+387 +389 

Sellers Ditch .......................... At confluence with Canoe Creek .................................. +377 +376 Unincorporated Areas of 

Henderson County. 

Approximately 200 feet upstream Old Madison Road +379 +382 

Tiger Ditch (Formerly Highway 812 Tributary).At confluence with North Fork Canoe Creek ............... +379 +382 Unincorporated Areas of 

Henderson County, City 

of Henderson. 

Approximately 150 feet downstream Zion Road .......... None +391 

Tiger Ditch Tributary 1 .......... At confluence with Tiger Ditch (Formerly Highway 812 

Tributary).

None +385 Unincorporated Areas of 

Henderson County, City 

of Henderson. 

Just downstream Adams Lane ..................................... None +390 

Upper Canoe Creek .............. At confluence with Sellers Ditch ................................... +379 +382 Unincorporated Areas of 

Henderson County. 

Approximately 3800 feet upstream confluence with 

East Fork Canoe Creek.

+382 +385 

* 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 Henderson 

Maps are available for inspection at 222 First Street, Henderson, KY 42419. 

Unincorporated Areas of Henderson County 

Maps are available for inspection at 20 North Main Street, Henderson, KY 42420. 

Jackson County, Michigan, and Incorporated Areas 

Grand River ........................... Upstream side of High Street ....................................... None +935 City of Jackson, Township 

of Leoni, Township of 

Napoleon, Township of 

Summit. 

Approximately 1,400 feet upstream of Porbert Road .. +941 +942 

Grand River ........................... Downstream side of Maple Grove Road ...................... None +909 Township of Rivas. 

Approximate 0.5 mile upstream of Maple Grove Road None +910 

North Branch Grand River .... At confluence with Grand River ................................... None +935 Township of Leoni. 


sroberts on PROD1PC70 with PROPOSALS
55472 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 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 

Downstream side of 5th Street ..................................... None +936 

North Branch Kalamazoo 

River.

Approximately 0.6 mile upstream of N. Main Street .... None +988 Township of Concord. 

Approximately 1 mile upstream of N. Main Street ....... None +988 

Vineyard Lake ....................... Entire shoreline of Vineyard Lake ................................ None +970 Township of Norvell, 

Township of Columbia. 

* 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 Jackson 

Maps are available for inspection at 161 W Michigan Avenue, Jackson, MI 49201. 

Township of Columbia 

Maps are available for inspection at 8500 Jefferson Road, Brooklyn, MI 49230. 

Township of Concord 

Maps are available for inspection at 402 South Main Street, Concord, MI 49237. 

Township of Leoni 

Maps are available for inspection at 913 Fifth Street, Michigan Center, MI 49254. 

Township of Napoleon 

Maps are available for inspection at 6755 Brooklyn Road, Napoleon, MI 49261. 

Township of Norvell 

Maps are available for inspection at 106 E Commercial Street, Norvell, MI 49263. 

Township of Rivas 

Maps are available for inspection at 106 Main Street, Jackson, MI 49201. 

Township of Summit 

Maps are available for inspection at 2121 Ferguson Road, Jackson, MI 49201. 

Missoula County, Montana, and Incorporated Areas 

Clarks Fork ............................ Approximately 50 feet upstream of Reserve Street ..... +3160 +3157 Unincorporated Areas of

Missoula County, City of 

Missoula. 

Approximately 500 feet downstream of Russell Street +3168 +3169 

La Valle Creek ...................... Approximately 150 feet upstream of the Frenchtown 

Irrigation District Ditch.

None +3075 Unincorporated Areas of 

Missoula County. 

Just upstream of Dechamps Bridge ............................. None +3081 

* 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 Missoula 

Maps are available for inspection at 435 Ryman St, Missoula, MT 59802. 

Unincorporated Areas of Missoula County 

Maps are available for inspection at 435 Ryman St, Missoula, MT 59802. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Proposed Rules 55473 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 16, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–22523 Filed 9–24–08; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[PS Docket No. 07–114; DA 08–2129] 

Wireless E911 Location Accuracy 

Requirements 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission seeks 

comment on proposals in certain ex 

parte filings submitted by the 

Association of Public-Safety 

Communications Officials, International 

(APCO), the National Emergency 

Number Association (NENA), AT&T, 

Sprint Nextel Corporation, and Verizon 

Wireless regarding location accuracy 

requirements for wireless licensees 

subject to the Commission’s rules that 

specify standards for wireless Enhanced 

911 (E911) Phase II location accuracy 

and reliability. 

DATES: Comments are due October 6, 

2008 by 12 p.m. Reply Comments are 

due October 14, 2008 by 12 p.m. 

ADDRESSES: All filings must be 

addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. Parties shall 

also serve one copy with the 

Commission’s copy contractor, Best 

Copy and Printing, Inc. (BCPI), Portals 

II, 445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (202) 488–5300, 

or via e-mail to fcc@bcpiweb.com. In 

addition to filing comments with the 

Secretary, a copy of any comments on 

the Paperwork Reduction Act 

information collection requirements 

contained herein should be submitted to 

the Federal Communications 

Commission via e-mail to PRA@fcc.gov 

and to Nicholas A. Fraser, Office of 

Management and Budget, via e-mail to 

Nicholas_A._Fraser@omb.eop.gov or via 

fax at 202–395–5167. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Beers, Chief, Policy Division, 

Public Safety and Homeland Security 

Bureau, at (202) 418–0952. For 

additional information concerning the 

Paperwork Reduction Act information 

collection requirements contained in 

this document, send an e-mail to 

PRA@fcc.gov or contact Jerry Cowden at 

(202) 418–0447. 

SUPPLEMENTARY INFORMATION: On 

November 20, 2007, the Commission 

released a Report and Order (Location 

Accuracy Order) requiring wireless 

licensees subject to section 20.18(h) of 

the Commission’s rules, which specifies 

the standards for wireless Enhanced 911 

(E911) Phase II location accuracy and 

reliability, to satisfy these standards at 

a geographical level defined by the 

coverage area of a Public Safety 

Answering Point (PSAP). On March 25, 

2008, the United States Court of 

Appeals for the District of Columbia 

Circuit (Court) stayed the Location 

Accuracy Order. 

On July 14, 2008, APCO and the 

National Emergency Number 

Association (NENA) filed an ex parte 

letter addressing handset-based and 

network-based location accuracy 

criteria, stating that they ‘‘are now 

willing to accept compliance 

measurements at the county level’’ 

rather than at the PSAP level, and that 

‘‘[p]ublic safety and wireless carriers are 

in current discussions on a number of 

other issues associated with E9–1–1.’’ 

On July 31, 2008, the Commission 

filed with the Court a Motion for 

Voluntary Remand and Vacatur, which 

requested remand based on the 

proposals contained in the July 14 ex 

parte letter and ‘‘[i]n light of the public 

safety community’s support for revised 

rules.’’ Following this filing with the 

Court, NENA, APCO, Verizon Wireless, 

Sprint Nextel Corporation, and AT&T 

submitted written ex parte letters with 

the Commission with proposed new 

wireless E911 rules. Taken together, 

these proposals reflect agreement among 

those parties for new E911 accuracy 

requirements for both handset-based 

and network-based technologies, in 

order to achieve E911 accuracy 

compliance at the county-level. The 

parties also offer plans to convene 

industry groups to address related E911 

issues, and AT&T included a proposal 

reflecting agreement on carrier 

provision of confidence and uncertainty 

data to PSAPs. Copies of all relevant ex 

parte submissions are included in the 

Attachment to this document. 

We therefore seek comment on the 

proposed changed accuracy 

requirements, including the 

benchmarks, limitations, and exclusions 

noted therein, for handset-based and 

network-based location technologies. 

We also invite views on the pledges to 

convene industry groups to explore 

related issues, and whether we should 

require the provision of confidence and 

uncertainty data. In sum, by this Public 

Notice, the Public Safety and Homeland 

Security Bureau seeks comment on all 

of these proposals as well as any 

alternative modifications to location 

accuracy requirements. The Bureau 

urges all interested parties to review the 

entirety of the above-referenced ex parte 

letters. 

We also seek comment on the 

attached Initial Regulatory Flexibility 

Analysis in connection with the 

proposals described. 

This action is taken under delegated 

authority pursuant to Sections 0.191 

and 0.392 of the Commission’s rules, 47 

CFR 0.191, 0.392. 

This abbreviated comment cycle is 

appropriate given the compelling public 

interest in achieving accurate and 

reliable E911 location information. 

Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (ECFS) or by filing paper 

copies. Comments filed through the 

ECFS can be sent as an electronic file 

via the Internet to http://www.fcc.gov/ 

cgb/ecfs/. Generally, only one copy of 

an electronic submission must be filed. 

If multiple docket or rulemaking 

numbers appear in the caption of the 

proceeding, commenters must transmit 

one electronic copy of the comments to 

each docket or rulemaking number 

referenced in the caption. In completing 

the transmittal screen, commenters 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket or rulemaking 

numbers. All filings concerning this 

Public Notice should refer to PS Docket 

No. 07–114. Parties may also submit an 

electronic comment by Internet e-mail. 

To get filing instructions for e-mail 

comments, commenters should send an 

e-mail to ecfs@fcc.gov, and should 

include the following words in the body 

of the message, ‘‘get form.’’ A sample 

form and directions will be sent in 

reply. Parties who choose to file by 

paper must file an original and four 

copies of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, 

commenters must submit two additional 

copies for each additional docket or 

rulemaking number. 

Paper 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 we continue to experience 

delays in receiving U.S. Postal Service 

mail). Parties are strongly encouraged to 


sroberts on PROD1PC70 with PROPOSALS