Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56779 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this proposed rule 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations. This proposed 

rule does not affect the level of 

protection provided to human health or 

the environment because this rule 

proposes to authorize pre-existing State 

rules which are equivalent to, and no 

less stringent than existing federal 

requirements. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indians—lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This proposed action is issued 

under the authority of sections 2002(a), 3006 

and 7004(b) of the Solid Waste Disposal Act, 

as amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: September 18, 2008. 

Elin D. Miller, 

Regional Administrator, Region 10. 

[FR Doc. E8–22800 Filed 9–29–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–1009] 

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 29, 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–1009, 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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56780 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 

State City/town/county Source of flooding Location** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

Existing Modified 

Unincorporated Areas of Lauderdale County, Alabama 

Alabama .................... Unincorporated Areas 

of Lauderdale 

County.

Shoal Creek .............. BFE 520 is at a point of 1,435 feet upstream of the confluence of Shoal 

Creek and Indiancamp Creek.

None +520 

BFE 558 is at a point of 27,805 feet upstream of the confluence of Shoal 

Creek and Butler Creek.

None +558 

Alabama .................... Unincorporated Areas 

of Lauderdale 

County.

Tennessee River 

(Navigation Channel).

BFE 432 is at a point of 5,270 feet upstream of the intersection of the Tennessee River and O’Neal Bridge.+431 +432 

BFE 435 is at a point of 263 feet downstream of Wilson Dam.+431 +435 

* 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 Lauderdale County 

Maps are available for inspection at 5100 Hwy 157 N, Florence, AL 35633. 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Ben Hill County, Georgia, and Incorporated Areas 

Turkey Creek ........................ Just upstream of Industrial Drive ................................. None +315 Unincorporated Areas of 

Ben Hill County. 

Approximately 270 feet downstream of Cemetery 

Road.

None +319 

At Cemetery Road ........................................................ None +319 

Approximately 1,520 feet downstream of Monitor 

Drive.

None +327 

Approximately 760 feet upstream of Sultana Drive ..... None +341 

Approximately 1,150 feet upstream of Rochelle Road None +344 

Turkey Creek Tributary No. 1 Approximately 950 feet downstream of W. Roanoke 

Drive.

None +328 Unincorporated Areas of 

Ben Hill County. 

Approximately 480 feet downstream of W. Roanoke 

Drive.

None +329 

Willacoochee River ............... Approximately 1,880 feet downstream of Irwinville 

Highway.

None +324 Unincorporated Areas of 

Ben Hill County. 

Approximately 1,780 feet downstream of Irwinville 

Highway.

None +324 

Approximately 1,280 feet downstream of Irwinville 

Highway.

None +325 

Approximately 480 feet downstream of Irwinville Highway.None +326 

* 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 Ben Hill County 

Maps are available for inspection at County Commissioners Office, 402–A East Pine Street, Fitzgerald, GA 31750. 


ebenthall on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56781 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Halifax County, Virginia, and Incorporated Areas 

Reedy Creek ......................... Approximately 1,400 feet downstream of Ash Avenue None +331 Unincorporated Areas of 

Halifax County. 

At confluence with Dan River ....................................... None +331 

Rocky Branch ........................ At confluence with Reedy Creek .................................. None +331 Unincorporated Areas of 

Halifax County. 

Approximately 0.4 mile upstream of Eastover Road ... None +346 

* 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 Halifax County 

Maps are available for inspection at Halifax County GIS Department, 134 South Main, Halifax, VA 24558. 

Spokane County, Washington, and Incorporated Areas 

Argonne Creek ...................... Approximately 1,300 feet downstream of N Maringo 

Drive.

None +1922 Unincorporated Areas of 

Spokane County. 

Approximately 600 feet upstream of N Boeing Road .. None +1987 

Forker Draw .......................... Approximately at N Progress Road .............................. None +2065 Unincorporated Areas of 

Spokane County, City of 

Spokane Valley. 

Approximately 70 feet downstream of E Bigelow 

Gulch Road.

None +2336 

* 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 Spokane Valley 

Maps are available for inspection at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 99206. 

Unincorporated Areas of Spokane County 

Maps are available for inspection at 808 W. Spokane Falls Blvd., Spokane, WA 99201. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 19, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–22981 Filed 9–29–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 665 

[Docket No. FTA–2007–0011] 

RIN 2132–AA95 

Bus Testing; Phase-In of Brake 

Performance and Emissions Testing, 

and Program Updates 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This notice of proposed 

rulemaking (NPRM) provides interested 

parties with the opportunity to 

comment on the Federal Transit 

Administration’s (FTA’s) proposed 

changes to its Bus Testing Regulation. 

The NPRM incorporates tests for brake 

performance and emissions into FTA’s 

Bus Testing Program to comply with the 

Safe, Accountable, Flexible, Equitable 

Transportation Efficiency Act: a Legacy 

for Users (SAFETEA–LU). To improve 

the FTA Bus Testing Program, FTA is 

also proposing several updates that will 

enhance the Program’s value and 

respond to changes in the transit bus 

industry. FTA seeks comments on the 

proposals in this notice. 


ebenthall on PROD1PC60 with PROPOSALS