60216 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 

List of Subjects in 43 CFR Part 2300 

Administrative practice and 

procedure, electric power, Federal 

Energy Regulatory Commission, public 

lands-withdrawal. 

Under the authorities cited below, 

part 2300, group 2300, subchapter B, 

chapter II of title 43 of the Code of 

Federal Regulations is proposed to be 

amended as follows: 

C. Stephen Allred, 

Assistant Secretary of the Interior, Land and 

Minerals Management. 

PART 2300—LAND WITHDRAWALS 

1. The authority citation for part 2300 

continues to read as follows: 

Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; 

Executive Order No. 10355 (17 FR 4831, 

4833). 

Subpart 2300—Withdrawals, General 

§ 2300.0–1 [Amended] 

2. Section 2300.0–1 is amended by 

removing the last sentence in paragraph 

(a). 

Subpart 2310—Withdrawals, General— 

Procedure 

3. Section 2310.1 is amended by 

revising the introductory text of 

paragraph (a) to read as follows: 

§ 2310.1 Procedures—general. 

(a) The basic steps leading up to the 

making, modification, or extension of a 

withdrawal are: 

* * * * * 

4. Section 2310.1–2 is amended by 

revising paragraphs (a), (c)(3), and (d) to 

read as follows: 

§ 2310.1–2 Submission of applications. 

(a) Applications for the making, 

modification, or extension of a 

withdrawal shall be submitted for filing, 

in duplicate, in the proper Bureau of 

Land Management office, as set forth in 

§ 1821.2–1 of this chapter, except for 

applications that are classified for 

national security reasons. Applications 

that are classified for national security 

reasons shall be submitted, in duplicate, 

to the Office of the Secretary, 

Department of the Interior, Washington, 

DC 20240. 

* * * * * 

(c) * * * 

(3) If the lands that are subject to an 

application are wholly or partially 

under the administration of any 

department or agency other than the 

Department of the Interior, the Secretary 

must make or modify a withdrawal only 

with the consent of the head of the 

department or agency concerned. In 

such case, a copy of the written consent 

must accompany the application. The 

requirements of section (e) of Executive 

Order 10355 (17 FR 4831) must be 

complied with in those instances where 

the Order applies. 

* * * * * 

(d) If the preceding application 

requirements have not been met, or if an 

application seeks an action that is not 

within the scope of the Secretary’s 

authority, the authorized officer may 

reject the application as a defective 

application. 

5. Section 2310.1–3 is amended by 

revising paragraph (c), removing 

paragraph (d), redesignating paragraph 

(e) as paragraph (d), and revising newly 

redesignated paragraph (d) to read as 

follows: 

§ 2310.1–3 Submission of withdrawal 

petitions. 

* * * * * 

(c) If a petition is submitted 

simultaneously with a withdrawal 

application, the information 

requirements pertaining to withdrawal 

applications (See § 2310.1–2) shall 

supersede the requirements of this 

section. 

(d) Upon the approval by the 

Secretary of a petition for withdrawal, 

the petition will be considered as a 

Secretarial proposal for withdrawal, and 

notice of the withdrawal proposal shall 

be published immediately in the 

Federal Register in accordance with 

§ 2310.3–1(a). 

6. Section 2310.3, which consists 

solely of a heading, is revised to read as 

follows: 

§ 2310.3 Action on withdrawal applications 

and withdrawal proposals. 

7. Section 2310.3–1 is amended by 

revising the first sentence in paragraph 

(b)(1) to read as follows: 

§ 2310.3–1 Publication and public meeting 

requirements. 

* * * * * 

(b)(1) Except as otherwise provided in 

paragraph (a) of this section, within 30 

days of the submission for filing of a 

withdrawal, extension, or modification 

application, the authorized officer must 

publish in the Federal Register a notice 

to that effect. * * * 

* * * * * 

8. Section 2310.3–3 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 2310.3–3 Action by the Secretary: Public 

land orders and notices of denial. 

* * * * * 

(b) * * * 

(2) On the same day an order 

withdrawing 5,000 or more acres in the 

aggregate is signed, the Secretary must 

advise each House of the Congress, in 

writing, of the withdrawal action taken. 

Under the Secretary’s authority in the 

Act, the notices that are sent to Congress 

must be accompanied by the 

information required by section 

204(c)(2) of the Act (43 U.S.C. 

1714(c)(2)). 

* * * * * 

9. Section 2310.3–4 is amended by 

removing paragraph (c), redesignating 

paragraph (d) as paragraph (c), and 

revising newly redesignated paragraph 

(c) to read as follows: 

§ 2310.3–4 Duration of withdrawals. 

* * * * * 

(c) Withdrawals of specific duration 

may be extended, as provided for in 

§ 2310.4. 

§ 2310.5 [Removed] 

10. Section 2310.5 is removed. 

[FR Doc. E8–23823 Filed 10–9–08; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–1010] 

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 January 8, 2009. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 60217 

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–1010, 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: 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Colbert County, Alabama, and Incorporated Areas 

Pond Creek ........................... At Wilson Dam Highway ............................................... +515 +514 City of Muscle Shoals, 

Colbert County. 

0.5 mile downstream of Pepi Drive .............................. +516 +515 

Sink Hole 10 ......................... South of 6th Street between Elledge Lane and Industrial Drive.+495 +493 City of Muscle Shoals. 

Sink Hole 10A ....................... At Oak Villa Drive approximately 550 feet west of 

Elledge Lane.

+495 +494 City of Muscle Shoals. 

Sink Hole 10B ....................... Bordered by Oak Villa Lane to the south, Oak Villa 

Drive to the east and Cypress Street to the north.

+495 +494 City of Muscle Shoals. 

Sink Hole 11 ......................... North of 6th Street between Laurel Oak Drive and 

Brooke Drive.

+495 +498 City of Muscle Shoals. 

Tennessee River ................... At the U.S. 72 crossing ................................................ None +431 Colbert County. 

At the border of Lauderdale, Colbert, and Lawrence 

Counties.

None +509 

* National Geodetic Vertical Datum. 

# Depth in feet above ground. 

+ North American Vertical Datum. 

** 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. 


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60218 Federal Register / Vol. 73, No. 198 / Friday, October 10, 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 

ADDRESSES 

City of Muscle Shoals 

Maps are available for inspection at 2010 East Avalon Avenue, Muscle Shoals, AL 35662. 

Colbert County 

Maps are available for inspection at 201 N. Main Street, Tuscumbia, AL 35674. 

Lewis & Clark County, Montana, and Incorporated Areas 

Silver Creek .......................... Approximately 100 feet upstream of Interstate 15 ....... None +3700 Unincorporated Areas of

Lewis And Clark County. 

At Applegate Drive ....................................................... +3764 +3765 

Tenmile Creek ....................... Approximately 3000 feet upstream of East Sierra 

Road.

+3706 +3708 Unincorporated Areas of 

Lewis And Clark County, 

City of Helena. 

Approximately 50 feet downstream of Blue Cloud 

Bridge.

None +4093 

* 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 Helena 

Maps are available for inspection at 316 N. Park Ave., Helena, MT 59623. 

Unincorporated Areas of Lewis And Clark County 

Maps are available for inspection at 221 Breckenridge St., Helena, MT 59623. 

Merrick County, Nebraska, and Incorporated Areas 

Platte River ........................... Approximately 0.50 mile downstream of Union Pacific 

Railroad.

None +1685 Unincorporated Areas of 

Merrick County. 

Approximately 0.68 mile upstream of State Highway 

14.

None +1711 

* 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 Merrick County 

Maps are available for inspection at 1510 18th Street, Central City, NE 68826. 

Ashe County, North Carolina, and Incorporated Areas 

Bear Creek ............................ Approximately 600 feet upstream of the confluence 

with South Fork New River.

+2676 +2677 Unincorporated Areas of 

Ashe County. 

Approximately 1.8 miles upstream of NC 16 Highway None +2826 

Beaver Creek ........................ Approximately 1,500 feet downstream of Mash Stuart 

Road (State Road 1199).

+2871 +2872 Unincorporated Areas of 

Ashe County, Town of 

West Jefferson. 

Approximately 350 feet upstream of Earl Ray Road 

(State Road 1144).

None +3120 

Big Horse Creek ................... Approximately 550 feet upstream of the confluence 

with North Fork New River.

None +2645 Unincorporated Areas of 

Ashe County, Town of 

Lansing. 

Approximately 0.6 mile upstream of Farmers Store 

Road (State Road 1360).

None +3642 

Big Laurel Creek ................... At the confluence with North Fork New River .............. +2815 +2814 Unincorporated Areas of

Ashe County. 


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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 40 feet downstream of Denny Road 

(State Road 1326).

None +3232 

Big Windfall Branch .............. At the confluence with Big Horse Creek ...................... None +2707 Unincorporated Areas of

Ashe County. 

Approximately 300 feet downstream of Big Windfall 

Road (State Road 1353).

None +3039 

Brush Fork ............................ Approximately 500 feet upstream of the confluence 

with North Fork New River.

None +3029 Unincorporated Areas of 

Ashe County. 

Approximately 75 feet upstream of West Brushy Fork 

Road (State Road 1302).

None +3155 

Buffalo Creek ........................ At the second crossing of Warrensville Drive (State 

Road 1507).

None +2687 Unincorporated Areas of 

Ashe County. 

Approximately 0.7 mile upstream of Perry Road ......... None +3046 

Cabbage Creek ..................... Approximately 100 feet upstream of the confluence 

with North Fork New River.

+2896 +2897 Unincorporated Areas of 

Ashe County. 

Approximately 360 feet upstream of Cabbage Creek 

Road (State Road 1307).

None +2963 

Cabbage Creek Tributary ..... At the confluence with Cabbage Creek ....................... None +2942 Unincorporated Areas of 

Ashe County. 

Approximately 1,500 feet upstream of the confluence 

with Cabbage Creek.

None +2959 

Call Creek ............................. At the confluence with Old Field Creek ....................... None +2888 Unincorporated Areas of 

Ashe County. 

Approximately 200 feet downstream of East Mill 

Creek Road (State Road 1112).

None +3055 

Cole Branch .......................... Approximately 1.1 miles upstream of the confluence 

with Beaver Creek.

None +3045 Town of West Jefferson. 

Approximately 1.2 miles upstream of the confluence 

with Beaver Creek.

None +3071 

Cranberry Creek ................... Approximately 950 feet upstream of the confluence 

with South Fork New River.

None +2565 Unincorporated Areas of 

Ashe County. 

Approximately 1.2 miles upstream of NC 88 Highway 

E.

None +2743 

Cranberry Creek West .......... Approximately 630 feet upstream of the confluence 

with South Fork New River.

+2898 +2899 Unincorporated Areas of 

Ashe County. 

Approximately 1,000 feet upstream of Cranberry 

Springs Road (State Road 1100).

None +3029 

East Fork ............................... At the confluence with Pine Swamp Creek .................. None +2910 Unincorporated Areas of 

Ashe County. 

Approximately 0.8 mile upstream of Idlewild Road 

(State Road 1003).

None +3057 

Elk Creek (into South Fork 

New River).

Approximately 150 feet upstream of the confluence 

with South Fork New River.

None +2955 Unincorporated Areas of 

Ashe County. 

Approximately 1.3 miles upstream of Preacher 

Blackburn Road (State Road 1117).

None +3071 

Ezra Fork Creek .................... Approximately 1,560 feet upstream of U.S. Highway 

221.

None +2818 Unincorporated Areas of 

Ashe County. 

Approximately 0.5 mile upstream of U.S. 221 Highway.None +2838 

Fees Branch .......................... At the confluence with Helton Creek ............................ None +2890 Unincorporated Areas of 

Ashe County. 

Approximately 500 feet upstream of Fees Branch 

Road (State Road 1372).

None +2948 

Gap Creek ............................. Approximately 1,700 feet upstream of the confluence 

with South Fork New River.

+2862 +2863 Unincorporated Areas of 

Ashe County. 

The Ashe/Watauga County boundary .......................... None +2952 

Grassy Creek ........................ At the confluence with New River ................................ None +2483 Unincorporated Areas of 

Ashe County. 

Approximately 1.1 miles upstream of Old NC 16 Highway (State Road 1573).None +2679 

Greer Branch ........................ At the confluence with South Fork Little Horse Creek None +2905 Unincorporated Areas of 

Ashe County. 

Approximately 0.6 mile upstream of Greer Hollow 

Road (State Road 1333).

None +3037 

Helton Creek ......................... Approximately 1,200 feet upstream of the confluence 

with North Fork New River.

None +2556 Unincorporated Areas of 

Ashe County. 

Approximately 0.9 mile upstream of Fees Branch 

Road (State Road 1372).

None +2962 


sroberts on PROD1PC70 with PROPOSALS
60220 Federal Register / Vol. 73, No. 198 / Friday, October 10, 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 

Helton Creek Tributary 1 ...... At the confluence with Helton Creek ............................ None +2777 Unincorporated Areas of

Ashe County. 

Approximately 0.5 mile upstream of the confluence of 

Helton Creek Tributary 1A.

None +2864 

Helton Creek Tributary 1A .... At the confluence with Helton Creek Tributary 1 ......... None +2816 Unincorporated Areas of 

Ashe County. 

Approximately 1,320 feet upstream of Spencer 

Branch Road (State Road 1373).

None +2848 

Jerd Branch ........................... At the confluence with Helton Creek ............................ None +2805 Unincorporated Areas of 

Ashe County. 

Approximately 1,093 feet upstream of NC Highway 

194.

None +2884 

Jones Branch ........................ At the confluence with Little Helton Creek ................... None +2723 Unincorporated Areas of 

Ashe County. 

At the Virginia/North Carolina state boundary ............. None +2758 

Little Buffalo Creek ............... At the confluence with Buffalo Creek ........................... None +2782 Unincorporated Areas of 

Ashe County, Town of 

West Jefferson. 

Approximately 0.8 mile upstream of the confluence 

with Buffalo Creek.

None +2981 

Little Buffalo Creek Tributary 

1.

At the confluence with Little Buffalo Creek .................. None +2921 Unincorporated Areas of 

Ashe County, Town of 

West Jefferson. 

Approximately 170 feet downstream of South Main 

Street.

None +2968 

Little Helton Creek ................ At the confluence with Helton Creek ............................ None +2636 Unincorporated Areas of 

Ashe County. 

Approximately 200 feet upstream of the Virginia/North 

Carolina state boundary.

None +2757 

Little Helton Creek Tributary 

1.

At the confluence with Little Helton Creek ................... None +2691 Unincorporated Areas of 

Ashe County. 

Approximately 0.6 mile upstream of the confluence 

with Little Helton Creek.

None +2750 

Little Helton Creek Tributary 

2.

At the confluence with Little Helton Creek ................... None +2751 Unincorporated Areas of 

Ashe County. 

Approximately 0.4 mile upstream of the confluence 

with Little Helton Creek.

None +2798 

Little Horse Creek ................. At the confluence with Big Horse Creek ...................... None +2665 Unincorporated Areas of 

Ashe County. 

Approximately 1.1 miles upstream of Little Horse 

Creek Road (State Road 1324).

None +3033 

Little Laurel Creek ................. At the confluence with Big Laurel Creek ...................... None +2843 Unincorporated Areas of 

Ashe County. 

Approximately 880 feet upstream of Little Laurel Road 

(State Road 1310).

None +3323 

Little Naked Creek ................ At the confluence with Naked Creek ............................ +2685 +2686 Unincorporated Areas of 

Ashe County. 

Approximately 1,490 feet upstream of East Landing 

Drive.

None +2712 

Little Peak Creek .................. At the confluence with Peak Creek .............................. None +2608 Unincorporated Areas of 

Ashe County. 

Approximately 0.5 mile upstream of Little Peak Creek 

Road.

None +2690 

Little Phoenix Creek .............. Approximately 250 feet upstream of the confluence 

with North Fork New River.

None +2604 Unincorporated Areas of 

Ashe County. 

Approximately 0.9 mile upstream of the confluence of 

Little Phoenix Creek Tributary.

None +2836 

Little Phoenix Creek Tributary.At the confluence with Little Phoenix Creek ................ None +2727 Unincorporated Areas of 

Ashe County. 

Approximately 0.4 mile upstream of Old NC Highway 

16 (State Road 1573).

None +2871 

Little Piney Creek .................. At the confluence with Piney Creek ............................. None +2634 Unincorporated Areas of 

Ashe County. 

Approximately 1,210 feet upstream of Piney Creek 

Road (State Road 1517).

None +2679 

Long Branch .......................... At the confluence with Little Helton Creek ................... None +2643 Unincorporated Areas of 

Ashe County. 

Approximately 0.4 mile upstream of Jim Duvall Road 

(State Road 1528).

None +2715 


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Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Long Branch South ............... At the confluence with North Fork New River .............. +2575 +2577 Unincorporated Areas of 

Ashe County. 

Approximately 500 feet upstream of Shatley Springs 

Road (State Road 1574).

None +2648 

Middle Fork Little Horse 

Creek.

At the confluence with Little Horse Creek .................... None +2936 Unincorporated Areas of 

Ashe County. 

Approximately 0.9 mile upstream of East Big Springs 

Road (State Road 1319).

None +3082 

Middle Fork Little Horse 

Creek Tributary.

At the confluence with Middle Fork Little Horse Creek None +2995 Unincorporated Areas of 

Ashe County. 

Approximately 0.4 mile upstream of the confluence 

with Middle Fork Little Horse Creek.

None +3049 

Mill Creek .............................. Approximately 300 feet upstream of the confluence 

with North Fork New River.

None +2738 Unincorporated Areas of 

Ashe County. 

Approximately 1.7 miles upstream of West Mill Creek 

Road (State Road 1340).

None +2935 

Mill Creek (South) ................. Approximately 450 feet upstream of the confluence 

with South Fork New River.

None +2906 Unincorporated Areas of 

Ashe County. 

Approximately 365 feet upstream of Mill Creek Road 

(State Road 1109).

None +3051 

Naked Creek ......................... Approximately 0.5 mile upstream of the confluence 

with South Fork New River.

+2666 +2665 Unincorporated Areas of 

Ashe County, Town of 

Jefferson. 

Approximately 400 feet upstream of South Main 

Street.

None +2920 

Naked Creek Tributary 2 ...... At the confluence with Naked Creek ............................ None +2908 Town of Jefferson. 

Approximately 1,190 feet upstream of West Main 

Street.

None +2940 

Nathans Creek ...................... Approximately 250 feet upstream of the confluence 

with South Fork New River.

None +2579 Unincorporated Areas of 

Ashe County. 

Approximately 550 feet upstream of U.S. 221 Highway.None +2718 

New River ............................. Approximately 500 feet downstream of the Ashe/ 

Alleghany County boundary.

None +2480 Unincorporated Areas of 

Ashe County. 

At the confluence of the North Fork New River and 

South Fork New River.

None +2487 

North Fork New River ........... At the confluence with New River and South Fork 

New River.

None +2487 Unincorporated Areas of 

Ashe County. 

Approximately 50 feet downstream of West Peak 

Road (State Road 1119).

+3021 +3023 

North Fork New River Tributary 1.At the confluence with North Fork New River .............. +2506 +2503 Unincorporated Areas of 

Ashe County. 

Approximately 0.4 mile upstream of the confluence 

with North Fork New River.

None +2557 

Obids Creek .......................... Approximately 350 feet upstream of the confluence 

with South Fork New River.

None +2718 Unincorporated Areas of 

Ashe County. 

Approximately 250 feet upstream of Idlewild Road 

(State Road 1003).

None +2874 

Old Field Branch ................... At the confluence with Big Horse Creek ...................... None +2660 Unincorporated Areas of 

Ashe County, Town of 

Lansing. 

Approximately 0.5 mile upstream of Glenn King Road 

(State Road 1519).

None +2853 

Old Field Creek ..................... Approximately 1,400 feet upstream of the confluence 

with South Fork New River.

None +2874 Unincorporated Areas of 

Ashe County. 

Approximately 0.7 mile upstream of Mulatto Mountain 

Road (State Road 1145).

None +3048 

Old Field Creek (North) ........ Approximately 300 feet upstream of the confluence 

with North Fork New River.

+2565 +2566 Unincorporated Areas of 

Ashe County. 

Approximately 0.5 mile upstream of the confluence 

with North Fork New River.

None +2693 

Peak Creek ........................... Approximately 1,500 feet upstream of the confluence 

with South Fork New River.

None +2604 Unincorporated Areas of 

Ashe County. 

Approximately 1.2 miles upstream of NC Highway 88 None +2866 

Pine Swamp Creek ............... Approximately 850 feet upstream of the confluence 

with South Fork New River.

None +2837 Unincorporated Areas of 

Ashe County. 

Approximately 0.7 mile upstream of Idlewild Road 

(State Road 1003).

None +3010 


sroberts on PROD1PC70 with PROPOSALS
60222 Federal Register / Vol. 73, No. 198 / Friday, October 10, 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 

Piney Creek .......................... Approximately 250 feet upstream of the confluence 

with North Fork New River.

+2625 +2624 Unincorporated Areas of 

Ashe County. 

Approximately 150 feet upstream of Piney Creek 

Road (State Road 1517).

None +2685 

Rich Hill Creek ...................... At the confluence with North Fork New River .............. +2800 +2799 Unincorporated Areas of 

Ashe County. 

Approximately 1.1 miles upstream of NC Highway 88 None +2920 

Roan Creek ........................... Approximately 650 feet upstream of the confluence 

with South Fork New River.

None +2666 Unincorporated Areas of 

Ashe County. 

Approximately 340 feet upstream of Earl Sheets Road 

(State Road 1625).

None +2919 

Roaring Fork ......................... At the confluence with Big Laurel Creek ...................... None +2917 Unincorporated Areas of 

Ashe County. 

Approximately 0.4 mile upstream of Roaring Fork 

Road (State Road 1320).

None +3078 

Rock Creek ........................... Approximately 120 feet upstream of NC Highway 88 .. None +2942 Unincorporated Areas of 

Ashe County. 

Approximately 1.4 miles upstream of NC 88 Highway None +3125 

Shippy Branch ....................... At the confluence with Little Helton Creek ................... None +2730 Unincorporated Areas of 

Ashe County. 

At the Virginia/North Carolina state boundary ............. None +2774 

Silas Creek ............................ At the confluence with North Fork New River .............. +2580 +2583 Unincorporated Areas of 

Ashe County. 

Approximately 1.0 mile upstream of the confluence of 

Silas Creek Tributary 2.

None +2795 

Silas Creek Tributary 1 ......... At the confluence with Silas Creek .............................. None +2691 Unincorporated Areas of 

Ashe County. 

Approximately 1,376 feet upstream of the confluence 

with Silas Creek.

None +2782 

Silas Creek Tributary 2 ......... At the confluence with Silas Creek .............................. None +2709 Unincorporated Areas of 

Ashe County. 

Approximately 1,516 feet upstream of the confluence 

with Silas Creek.

None +2805 

South Beaver Creek ............. Approximately 400 feet upstream of the confluence 

with Beaver Creek.

None +2792 Unincorporated Areas of 

Ashe County. 

Approximately 1,800 feet upstream of Lakeside Drive None +2941 

South Fork Little Horse 

Creek.

At the confluence with Little Horse Creek .................... None +2769 Unincorporated Areas of 

Ashe County. 

Approximately 785 feet upstream of Jack Jones Road 

(State Road 1332).

None +2933 

South Fork New River .......... At the confluence with New River and North Fork 

New River.

None +2487 Unincorporated Areas of 

Ashe County. 

Approximately 2.3 miles upstream of Kings Creek 

Road (State Road 1308).

+2525 +2524 

South Fork New River Tributary 3.Approximately 350 feet upstream of the confluence 

with South Fork New River.

None +2685 Unincorporated Areas of 

Ashe County. 

Approximately 1,200 feet upstream of Claude Mash 

Road (State Road 1158).

None +2844 

South Fork New River Tributary 4.Approximately 400 feet upstream of the confluence 

with South Fork New River.

None +2815 Unincorporated Areas of 

Ashe County. 

Approximately 0.8 mile upstream of Lower Nettle 

Knob Road (State Road 1181).

None +2894 

Stagg Creek .......................... Approximately 350 feet upstream of the confluence 

with North Fork New River.

None +2702 Unincorporated Areas of 

Ashe County. 

Approximately 1.4 miles upstream of Staggs Creek 

Road (State Road 1342).

None +2861 

Three Top Creek ................... At the confluence with North Fork New River .............. +2857 +2858 Unincorporated Areas of 

Ashe County. 

Approximately 1,830 feet upstream of Bald Fork Road None +3273 

West Fork .............................. At the confluence with Pine Swamp Creek .................. None +2862 Unincorporated Areas of 

Ashe County. 

Approximately 990 feet upstream of Creekside Drive None +3124 

* 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. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 60223 

Flooding source(s) Location of referenced elevation ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

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 Jefferson 

Maps are available for inspection at Jefferson Town Hall, 302 East Main Street, Jefferson, NC. 

Town of Lansing 

Maps are available for inspection at Lansing Town Hall, 173 B Street, Lansing, NC. 

Town of West Jefferson 

Maps are available for inspection at West Jefferson Town Hall, 01 South Jefferson Avenue, West Jefferson, NC. 

Unincorporated Areas of Ashe County 

Maps are available for inspection at Ashe County Building Inspector’s Office, 150 Government Circle, Suite 2400, Jefferson, NC.

Hertford County, North Carolina, and Incorporated Areas 

Buckhorn Creek .................... At the confluence with Chowan River .......................... None +12 Town of Como, Unincorporated Areas of Hertford County. 

Approximately 1.1 miles upstream of Buckhorn 

Church Road (State Road 1316).

None +59 

Chinkapin Swamp ................. At the confluence with Barbeque Swamp and 

Chinkapin Creek.

None +13 Unincorporated Areas of 

Hertford County. 

Approximately 0.9 mile upstream of the confluence 

with Chinkapin Creek and Barbeque Swamp.

None +16 

* 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 Como 

Maps are available for inspection at Como Town Clerk’s Residence, 633 Woodland Drive, Murfreesboro, NC. 

Unincorporated Areas of Hertford County 

Maps are available for inspection at Hertford County Planning Department, 704 North King Street, Winton, NC. 

Yakima County, Washington, and Incorporated Areas 

Naches River ........................ Approximately 300 feet downstream of I–82 ............... None +1185 Unincorporated Areas of 

Yakima County, City of 

Yakima, Town of 

Naches, Town of Selah. 

Approximately .74 miles upstream of Hwy 12 ............. None +1632 

Naches River Split Flow A .... Approximately at Pence Road ...................................... None +1170 Unincorporated Areas of 

Yakima County. 

Approximately .57 miles upstream of Cypress Road ... +1192 +1241 

* 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 Yakima 

Maps are available for inspection at 129 N. 2nd St., Yakima, WA 98901. 

Town of Naches 

Maps are available for inspection at 29 E. Second Street, Naches, WA 98937. 

Town of Selah 

Maps are available for inspection at 115 W. Naches Ave., Selah, WA 98942. 


sroberts on PROD1PC70 with PROPOSALS
60224 Federal Register / Vol. 73, No. 198 / Friday, October 10, 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 Yakima County 

Maps are available for inspection at 128 N. 2nd St., Yakima, WA 98901. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 29, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–24089 Filed 10–9–08; 8:45 am] 

BILLING CODE 9110–12–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 514, 552, and 553 

[GSAR Case 2008–G505; Docket 2008–0007; 

Sequence 20] 

RIN 3090–AI73 

General Services Acquisition 

Regulation; GSAR Case 2008–G505; 

Rewrite of GSAR Part 514, Sealed 

Bidding 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The GSA is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise the GSAR 

language regarding requirements for 

sealed bidding. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before December 9, 

2008 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2008–G505 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘GSAR 

Case 2008–G505’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with GSAR Case 2008– 

G505. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR Case 2008–G505’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW, Room 4041, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2008–G505 in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Michael O. Jackson at (202) 208–4949, 

or by e-mail at 

michaelo.jackson@gsa.gov. For 

information pertaining to the status or 

publication schedules, contact the 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4755. Please cite 

GSAR Case 2008–G505. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the GSAR to 

revise sections of GSAR Part 514 that 

provide requirements for sealed 

bidding. This amendment is a result of 

the GSA Acquisition Manual (GSAM) 

rewrite initiative undertaken by GSA to 

revise the GSAM to maintain 

consistency with the Federal 

Acquisition Regulation (FAR) and to 

implement streamlined and innovative 

acquisition procedures that contractors, 

offerors, and GSA contracting personnel 

can utilize when entering into and 

administering contractual relationships. 

The GSAM incorporates the GSAR as 

well as internal agency acquisition 

policy. 

The GSA will rewrite each part of the 

GSAR and GSAM, and as each GSAR 

part is rewritten, will publish it in the 

Federal Register. 

This rule covers the rewrite of GSAR 

Part 514. The specific changes are as 

follows: 

• 501.106 OMB Approval under the 

Paperwork Reduction Act. 

° Added Control Number 3090–0163 

as a cross reference for 514.201–1. 

• 514.201–2 Part I—The Schedule. 

° Changed (a) from ‘‘When you’’ to 

‘‘When using. ’’ Also in (a) changed 

‘‘which’’ to ‘‘that’’ and added the FAR 

clause number for Prompt Payment. 

° Changed (b) from ‘‘When you use’’ 

to ‘‘When using’’ to clarify the reference 

to ‘‘you’’ and added a reference to the 

Standard Form 1449 as an example that 

this form can also be used. 

• 514.201–6 Solicitation provisions. 

° Changed ‘‘When you’’ to ‘‘When 

considering’’ to delete the reference to 

the word ‘you’. 

° Deleted the reference for Alternate I 

because it is not consistent with the 

intention of the basic clause. 

• 514.201–7 Contract clauses. 

° In the old paragraph (a) changed 

‘‘you’’ to ‘‘The contracting officer’’. 

° Deleted paragraph (b), Examination 

of Records. The clause does not provide 

basic audit rights that are in addition to 

the FAR clauses at 52.215–2, Audit and 

Records-Negotiation and 52.214–26, 

Audit and Records — Sealed Bidding. 

And as opposed to the GSA clause, the 

FAR clause is specific to sealed bids. 

Further, the GSA clause grants to the 

agency rights to audit subcontractors 

that are in excess of those granted by the 

FAR and the statute. 

• 514.202–4 Bid samples. 

° Renamed subparagraphs (a) and (b) 

to be more consistent with the FAR. 

Also in (a) and (b) restructured the 

language to remove the word ‘‘you’’ and 

replaced with contracting officer. 

° Clarified the language to state who 

must take physical custody of bid 

samples. 

° Deleted paragraph (c) because it is 

redundant with FAR 14.202–4(d). 

° Added a new 514.202–5, Descriptive 

Literature, in order to address the 

requirements of FAR 14.202–5(c). 

• 514.203 Methods of soliciting bids. 

° Removed because we are not using 

paper copies and to be consistent with 

the FAR. 

• 514.203–1 Transmittal to 

prospective bidders. 

° Removed because we are not using 

paper copies and to be consistent with 

the FAR. 

• 514.270–2 Justification for use. 

° Inserted ‘‘the contracting officer 

should’’ in paragraph b and made last 

sentence of (3) a new number (4) and 


sroberts on PROD1PC70 with PROPOSALS