        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [Docket No. FWS-R2-ES-2014-0026; 4500030113]
        Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Warton's Cave Meshweaver as Endangered or Threatened

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Notice of 12-month petition finding.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list the Warton's cave meshweaver (Cicurina wartoni) as an endangered or threatened species and to designate critical habitat under the Endangered Species Act (Act) of 1973, as amended. After a review of the best available scientific information, we find that C. wartoni is not a distinct species. Therefore, we find that C. wartoni is not a listable entity under the Act and does not warrant listing as an endangered or threatened species. As a result, we are removing this species from the candidate list. However, we ask the public to submit to us any new information that becomes available at any time.

          DATES:
          The finding announced in this document was made on August 13, 2014.

          ADDRESSES:
          This finding is available on the Internet at http://www.regulations.gov at Docket Number FWS-R2-ES-2014-0026. Supporting documentation we used in preparing this finding is available for public inspection, by appointment, during normal business hours at the U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet Road, Suite #200, Austin, TX 78758. Please submit any new information, materials, comments, or questions concerning this finding to the above street address.

          FOR FURTHER INFORMATION CONTACT:
          Adam Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet Road, Suite #200, Austin, TX 78758; telephone 512-490-0057; facsimile 512-490-0974. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Background

        Section 4(b)(3)(B) of the Endangered Species Act (Act, 16 U.S.C. 1531 et seq.) requires that, for any petition to revise the Federal Lists of Endangered and Threatened Wildlife and Plants that contains substantial scientific or commercial information that listing the species may be warranted, the U.S. Fish and Wildlife Service (Service) make a finding within 12 months of the date of receipt of the petition. In this finding, we determine that the petitioned action is: (1) Not warranted, (2) warranted, or (3) warranted, but the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are endangered or threatened, and expeditious progress is being made to add or remove qualified species from the Federal Lists of Endangered and Threatened Wildlife and Plants. Section 4(b)(3)(C) of the Act requires that we treat a petition for which the requested action is found to be warranted but precluded as though resubmitted on the date of such finding, that is, requiring a subsequent finding to be made within 12 months. We must publish these 12-month findings in the Federal Register.
        Previous Federal Actions
        The Service identified Cicurina wartoni as a candidate for listing in the November 15, 1994, Animal Candidate Review for Listing as Endangered or Threatened Species (59 FR 58982). Candidate species are species for which we have sufficient information on file to support a proposal to list as an endangered or threatened species, but for which preparation and publication of a proposal are precluded by higher priority listing actions. Cicurina wartoni was included in subsequent annual Candidate Notices of Reviews through 2013 (59 FR 58982, November 15, 1994; 61 FR 7596, February 28, 1996; 62 FR 49397, September 19, 1997; 64 FR 57534, October 25, 1999; 66 FR 54807, October 30, 2001; 67 FR 40657, June 13, 2002; 69 FR 24876, May 4, 2004; 70 FR 24870, May 11, 2005; 71 FR 53756, September 12, 2006; 72 FR 69034, December 6, 2007; 73 FR 75176, December 10, 2008; 74 FR 57804, November 9, 2009; and 75 FR 69222, November 10, 2010; 76 FR 66370, October 26, 2011; November 21, 2012, 77 FR 69994; and November 22, 2013, 78 FR 70104).

        On May 11, 2004, we received a petition from the Center for Biological Diversity requesting that Cicurina wartoni be listed as an endangered or threatened species and that critical habitat be designated under the Act. The petition clearly identified itself as such and included the requisite identification information required at 50 CFR 424.14(a). Even though we already determined the species met the definition of a candidate species, we are required to address petitions and make the appropriate findings. We made a positive 90-day finding that the petition presented substantial information indicating that listing may be warranted, and we subsequently made a positive 12-month finding (70 FR 24869 at 24907, May 11, 2005) indicating that listing was warranted, but was precluded by higher priority listing actions, including court-approved settlements, court-ordered and statutory deadlines for petition findings and listing determinations, emergency listing determinations, and responses to litigation that continue to preclude the proposed and final listing rules for this species. The May 11, 2004, petition was consolidated with several other cases filed by the Center for Biological Diversity or WildEarth Guardians relating to petition finding deadlines. A multi-district litigation settlement agreement with these cases was approved by the court on September 9, 2011, in In re Endangered Species Act Section 4 Deadline Litigation, No. 10-377 (EGS), MDL Docket No. 2165 (D.D.C. May 10, 2011). This not-warranted 12-month finding fulfills that requirement of the multi-district litigation settlement agreement for C. wartoni.

        Species Information

        This section summarizes the information we evaluated to determine that Cicurina wartoni is not a species or subspecies and cannot be listed as such under the Act, and that, therefore, it must be removed from the candidate list. Several entities of spiders referenced in this finding do not have common names. Consequently, we are using Latin names in this finding for the purposes of clarity in the genetics and taxonomy discussions. However, the use of the Latin name, C. wartoni, is not meant to imply that it is a valid species, but only used for clarity.

          Cicurina wartoni is an eyeless, cave-endemic spider known only from a single geographic location, a privately owned, shallow cave known as Pickle Pit, in Travis County, Texas (Gertsch 1992). It is in the family Dictynidae (meshweavers), genus Cicurina, and subgenus Cicurella. Cicurina derived from surface-dwelling ancestors with eight eyes (typically), and are mostly smaller than their ancestors and are progressively losing or have lost their eyes (Gertsch 1992, pp. 75-76, 79, 97). Cicurina wartoni was first collected from Pickle Pit in Travis County, Texas, in 1990 by James Reddell, Marcelino Reyes, and Lee Sherrod and described by Gertsch (1992, p. 101). Gertsch recognized the species as distinct based on the epigynal (female reproductive organs used for identifying the species) morphology of a single adult female specimen. Paquin and Hedin (2004, pp. 3,239-3,240) conducted genetic studies on three other species of cave-dwelling, blind Cicurina meshweavers occurring in southern Travis and northern Hays Counties, Texas, to develop genetic assessment techniques for species-level identification of immature specimens of blind Cicurina spiders. At the time, the owners of Pickle Pit did not grant access to the researchers; consequently, specimens from this location could not be included in that study.

        Paquin and Dupérré (2009, p. 55) examined a voucher specimen (an animal preserved for scientific use) from Pickle Pit at the American Museum of Natural History and, in greater detail than previously done, redescribed the morphology of the specimen (e.g., carapace (body) length, leg length, etc.) and reillustrated the epigynum (female reproductive organs used for identifying the species). Based on this more detailed comparison, Paquin and Dupérré (2009, p. 55) suggested that C. wartoni should be synonymized with or considered part of C. buwata (no common name). Paquin and Dupérré (2009, p. 55) also suggested that C. reddelli (no common name) and C. travisae (no common name) should be synonymized with C. buwata because there are only minor variations in the epigynum of these species and they occur in close proximity to one another (Paquin and Dupérré 2009, pp. 99, 101).

        Access to Pickle Pit was granted on November 22, 2011, March 26, 2012, and April 26, 2013. During those site visits, three immature blind Cicurina specimens were collected. Hedin (2014, entire) reevaluated the taxonomic status of Cicurina wartoni. Hedin (2014, pp. 2, 3, 5-6, 8, 12) employed several rigorous analytical methods (genetic and morphological) to test species limits. Hedin (2014, entire) analyzed multiple genes (one mitochondrial gene and eight nuclear genes) and the reproductive morphology. This study compared specimens from Pickle Pit to specimens from 27 regional caves, plus a handful of samples from outside the region of interest. Based on this analysis, Hedin (2014, pp. 7-8) found that C. wartoni is not a distinct species. Rather, Hedin (pp. 8-9) recommends that C. wartoni, C. travisae, and C. reddelli should all be considered a single taxonomic entity until formal taxonomic changes can be published.
        We requested a peer review of Hedin (2014) from five individuals with expertise in arachnology, genetics, or cave ecology to assess whether the conclusions were scientifically sound. We received three responses, which all supported the conclusions of Hedin (2014). In addition, we conducted internal Service review by our Conservation Genetics Laboratory, who supported the conclusions of Hedin (2014).
        Evaluation of Listable Entity
        Under the Act, the term “species” includes “any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature” (16 U.S.C. 1532(16)).

        Based on our review of the best available scientific and commercial information, the taxonomic entity that was known as Cicurina wartoni is not a distinct species (Hedin 2014, pp. 7-8). Therefore, we conclude that C. wartoni does not meet the definition of a species under section 3(16) of the Act. Additionally, invertebrates are precluded by statute from distinct population segment consideration. Therefore, we conclude that the petitioned entity does not constitute a listable entity and cannot be listed under the Act.
        Finding
        Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires that, for any petition to revise the Federal Lists of Endangered and Threatened Wildlife and Plants that contains substantial scientific or commercial information that listing the species may be warranted, we make a finding within 12 months of the date of receipt of the petition. In this finding, we determine that the petitioned action is: (1) Not warranted, (2) warranted, or (3) warranted, but the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are endangered or threatened, and expeditious progress is being made to add or remove qualified species from the Federal Lists of Endangered and Threatened Wildlife and Plants. Under the Act, a species is defined as including any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature (16 U.S.C. 1532).

        Based on the best scientific and commercial information available, Cicurina wartoni does not meet the definition of a “species” and is, therefore, not a listable entity under the Act because Cicurina wartoni is not itself a valid species or subspecies. As an invertebrate, C. wartoni cannot be considered under the Act's distinct population segment provisions. Therefore, we find C. wartoni is not a valid taxonomic entity and does not meet the definition of a species or subspecies under the Act, and further does not warrant listing under the Act. As a result, we are removing this species from the candidate list.
        References Cited

        A complete list of references cited is available on the Internet at http://www.regulations.gov at Docket Number FWS-R2-ES-2014-0026 and upon request from the Austin Ecological Services Field Office (see ADDRESSES).
        Authors
        The primary authors of this notice are staff members of the Austin Ecological Services Field Office.
        Authority

        The authority for this action is section 4 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: July 24, 2014.
          Stephen Guertin,
          Acting Director, Fish and Wildlife Service.

      [FR Doc. 2014-19089 Filed 8-12-14; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        Endangered and Threatened Wildlife and Plants; Petition To List the Polar Bear as Threatened

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Status review; reopening of public comment period.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the status review of polar bears (Ursus maritimus) to determine if listing this species as threatened under the Endangered Species Act of 1973, as amended (Act), is warranted. This action will provide all interested parties with an additional opportunity to submit written comments for our status review of this species. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision.

          DATES:
          We will accept comments and information until 5 p.m. on June 16, 2006. Any comments received after the closing date may not be considered in the final decision on the status review of this species.

          ADDRESSES:
          If you wish to comment, you may submit your comments and/or information concerning this species and the status review by any one of the following methods:
          1. You may submit written comments and information to the Supervisor, U.S. Fish and Wildlife Service, Marine Mammals Management Office, 1011 East Tudor Road, Anchorage, Alaska 99503.
          2. You may hand-deliver written comments to our Marine Mammals Management Office at the address given above.

          3. You may send your comments by electronic mail (e-mail) directly to the Service at AK_Polarbear@fws.gov, or to the Federal eRulemaking Portal at http://www.regulations.gov. For more information on submitting e-mail comments, see the Public Comments Solicited section below.

          FOR FURTHER INFORMATION CONTACT:
          Scott Schliebe (see ADDRESSES), telephone, 907-786-3800; facsimile, 907-786-3816.

        SUPPLEMENTARY INFORMATION:

        Public Comments Solicited
        We intend that any final action resulting from this status review will be as accurate and as effective as possible. Therefore, we solicit comments or suggestions from the public, concerned governmental agencies, the scientific community, industry, or any other interested party. We specifically seek information on the status of the polar bear throughout its range, including:
        (1) Information on taxonomy, distribution, habitat selection (especially denning habitat), food habits, population density and trends, habitat trends, and effects of management on polar bears;
        (2) Information on the effects of climate change and sea ice change on the distribution and abundance of polar bears and their principal prey over the short and long term;
        (3) Information on the effects of other potential threat factors, including oil and gas development, contaminants, hunting, poaching, and changes of the distribution and abundance of polar bears and their principal prey over the short and long term;
        (4) Information on management programs for polar bear conservation, including mitigation measures related to oil and gas exploration and development, hunting conservation programs, anti-poaching programs, and any other private, tribal, or governmental conservation programs that benefit polar bears; and
        (5) Information relevant to whether any populations of the species may qualify as distinct population segments.
        We will base our finding on a review of the best scientific and commercial information available, including all information received during the public comment period.

        When e-mailing your comments, your submission must include “Attn: Polar Bear” in the subject line of your message, and you must not use special characters or any form of encryption. Electronic attachments in standard formats (such as .pdf or .doc) are acceptable, but please name the software necessary to open any attachments in formats other than those given above. Also, please include your name and return address in your e-mail message. If you do not receive a confirmation from the system that we have received your e-mail message, please submit your comments in writing using one of the alternate methods described in the ADDRESSES section. In the event that our internet connection is not functional, please submit your comments by one of the alternate methods mentioned in the ADDRESSES section.

        Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the rulemaking record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the rulemaking record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment, but you should be aware that the Service may be required to disclose your name and address pursuant to the Freedom of Information Act. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety.

        All comments and materials received will be available for public inspection, by appointment, during normal business hours at our Marine Mammals Management Office in Anchorage, Alaska (see ADDRESSES).
        Background

        On February 9, 2006, we published a notice of 90-day petition finding and initiation of status review in the Federal Register (71 FR 6745) to determine if listing the polar bear under the Act is warranted. The initial public comment period to provide information for this review was open for 60 days, ending April 10, 2006.
        We are reopening the public comment period for 30 days in response to requests we received from the public regarding their intent to provide the Service with additional information, including information from other polar bear range states (e.g., Canada and Russia) on the worldwide status of polar bears and to ensure that all interested parties have an opportunity to submit comment and information to us concerning the status of polar bears.
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: May 8, 2006.
          H. Dale Hall,
          Director, U.S. Fish and Wildlife Service.

      [FR Doc. E6-7448 Filed 5-16-06; 8:45 am]
      BILLING CODE 4310-55-P


        OFFICE OF PERSONNEL MANAGEMENT
        48 CFR Part 2133
        RIN 3206-AL46
        Federal Employees Group Life Insurance Federal Acquisition Regulation: Board of Contract Appeals

          AGENCY:
          Office of Personnel Management.

          ACTION:
          Proposed rule.

          SUMMARY:
          The Office of Personnel Management (OPM) is issuing a proposed rule to remove the designation of the Armed Services Board of Contract Appeals (ASBCA) from the Federal Employees Group Life Insurance Federal Acquisition Regulation (LIFAR). The ASBCA designation is no longer appropriate since the creation of the Civilian Board of Contract Appeals by the National Defense Authorization Act of 2006.

          DATES:

            Effective Date: Effective May 7, 2008.

          ADDRESSES:
          You may submit written comments, identified by RIN 3206-AL46, by any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • E-mail: marguerite.martel@opm.gov. Include RIN 3206-AL46 in the subject line of the message.
          • Fax: 202-606-0633.
          • Mail: Marguerite Martel, 1900 E Street, NW., Room 3415, Washington, DC 20415. 202-606-0004.

            Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this rulemaking.

        SUPPLEMENTARY INFORMATION:
        The Contract Disputes Act (41 U.S.C. 601-613) (CDA) allows Federal Government contractors, including carriers participating in the Federal Employees Group Life Insurance (FEGLI) Program, to appeal official decisions made by a contracting officer to an agency board of contract appeals. Prior to the enactment of the National Defense Authorization Act of 2006 (NDAA), the CDA authorized each agency to create their own board or, in the alternative, to designate another agency's board for this purpose. Previously, the Armed Services Board of Contract Appeals (ASBCA) served as the agency board of contract appeals for appeals between the FEGLI carrier and the Office of Personnel Management (OPM).
        The NDAA of 2006, in addition to eliminating agency board designation authority, dismantled most existing agency boards, creating as a replacement the Civilian Board of Contract Appeals (CBCA) with authority extending to most civilian agencies, including OPM. Accordingly, the CBCA has now replaced the ASBCA as the venue for claims brought under the Act for the FEGLI Program. OPM is updating the LIFAR to reflect this change in the law.
        Collection of Information Requirement

        This rulemaking makes a minor clarifying amendment to the Federal Employees Group Life Insurance Federal Acquisition Regulations. The rule does not impose information collection and recordkeeping requirements that meet the definition of the Paperwork Reduction Act of 1995's term “collection of information,” which means obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on ten or more persons, other than agencies, instrumentalities, or employees of the United States; or answers to questions posed to agencies, instrumentalities, or employees of the United States which are to be used for general statistical purposes. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
        Regulatory Flexibility Act
        The Regulatory Flexibility Act (RFA) requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and government agencies with revenues of $11.5 million or less in any one year. This rulemaking affects FEGLI life insurance carriers and their contractual arrangements that exceed the dollar threshold. Therefore, I certify that this regulation will not have a significant economic impact on a substantial number of small entities.
        Regulatory Impact Analysis
        We have examined the impact of this proposed rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the RFA (September 16, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, the Unfunded Mandates Reform Act of 1995, (Pub. L. 104-4), and Executive Order 13132. Executive Order 12866 (as amended by Executive Order 13258, which merely assigns responsibility of duties) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any one year). This rule is not considered a major rule, as defined in title 5, United States Code, section 804(2), because we estimate it will affect only FEGLI life insurance carriers. Any resulting economic impact would not be expected to exceed the dollar threshold.
        Executive Order 12866, Regulatory Review
        This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866.

          List of Subjects in 48 CFR Part 2133
          Government employees, Government procurement, Health insurance.

          Office of Personnel Management.
          Linda M. Springer,
          Director.

        Accordingly, by the authority of 5 U.S.C. 8716; 41 U.S.C. 401 et seq.; 48 CFR 1.301, OPM is amending chapter 16 of title 48 of the Code of Federal Regulations by removing part 2133:

          PART 2133—[REMOVED AND RESERVED]

       [FR Doc. E8-7155 Filed 4-4-08; 8:45 am]
      BILLING CODE 6325-39-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [DA 02-864; MB Docket No. 02-76; RM-10405]
        Radio Broadcasting Services; Crisfield, MD

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:
          This document requests comments on the proposed substitution of Channel 250A for Channel 245A at station WBEY(FM), Crisfield, Maryland. This channel change will allow Station WBEY to avoid ducting interference and to operate with maximum Class A FM facilities. Coordinates used for this proposal are 37-55-13 NL and 75-41-59 WL.

          DATES:
          Comments must be filed on or before June 3, 2002, and reply comments on or before June 18, 2002.

          ADDRESSES:
          Secretary, Federal Communications Commission, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, as follows: Law Office of Lauren A. Colby; 10 E. Fourth Street; P.O. Box 113; Frederick, Maryland 21705-0113.

          FOR FURTHER INFORMATION CONTACT:
          R. Barthen Gorman, Media Bureau, (202) 418-2180.

        SUPPLEMENTARY INFORMATION:

        This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 02-76, adopted April 3, 2002, and released April 12, 2002. The full text of this Commission decision is available for inspection and copying during regular business hours in the FCC's Reference Information Center at Portals II, 445 12th Street, SW, CY-A257, Washington, DC 20554. This document may also be purchased from the Commission's duplicating contractors, Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington DC, 20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail qualexint@aol.com.

        The provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding.

        Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR § 1.1204(b) for rules governing permissible ex parte contacts.
        For information regarding proper filing procedures for comments, see 47 CFR §§ 1.415 and 1.420.

          List of Subjects in 47 CFR Part 73
          Radio broadcasting.

        For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR Part 73 as follows:

          PART 73—RADIO BROADCAST SERVICES
          1. The authority citation for Part 73 continues to read as follows:

            Authority:
            47 U.S.C. §§ 154, 303, 334 and 336.

            § 73.202
            [Amended]
            2. Section 73.202(b), the Table of FM Allotments under Maryland, is amended by adding Channel 250A, Crisfield, and removing Channel 245A at Crisfield.

            Federal Communications Commission.
            John A. Karousos,
            Assistant Chief, Audio Division, Office of Broadcast License Policy, Media Bureau.

      [FR Doc. 02-10163 Filed 4-24-02; 8:45 am]
      BILLING CODE 6712-01-U


        DEPARTMENT OF HOMELAND SECURITY
        Federal Emergency Management Agency
        44 CFR Part 67
        [Docket No. FEMA-B-1020]
        Proposed Flood Elevation Determinations

          AGENCY:
          Federal Emergency Management Agency, DHS.

          ACTION:
          Proposed rule.

          SUMMARY:
          Comments are requested on the proposed Base (1 percent annual-chance) 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 February 17, 2009.

          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-1020, 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

                Effective
                Modified
                Communities affected

                  St. Joseph County, Indiana, and Incorporated Areas

                Baugo Creek
                Approximately 300 feet upstream of confluence with St. Joseph River/Baugo Bay
                +718
                +719
                Town of Osceola, Unincorporated Areas of St. Joseph County.

                Approximately 100 feet upstream of county boundary with Elkhart County
                None
                +726

                Judy Creek
                Approximately 1,950 feet upstream of Kenilwood Road
                +712
                +711
                Town of Roseland.

                Approximately 1,825 feet downstream of Indiana East-West Toll Road
                +713
                +712

                Kieffer Creek
                Approximately 550 feet upstream of confluence with St. Joseph River
                None
                +690
                City of South Bend, Unincorporated Areas of St. Joseph County.

                Approximately 1,850 feet upstream of Hollyhock Road
                +721
                +722

                Potato Creek
                Approximately 280 feet downstream of Cemetery Road
                None
                +709
                Town of North Liberty.

                Approximately 980 feet upstream of Cemetery Road
                None
                +712

                * 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 South Bend

                Maps are available for inspection at 227 West Jefferson Blvd, Suite 400 S, South Bend, IN 46601.

                  Town of North Liberty

                Maps are available for inspection at 300 South Main Street, North Liberty, IN 46554.

                  Town of Osceola

                Maps are available for inspection at 850 Lincoln Way West, Osceola, IN 46561.

                  Town of Roseland

                Maps are available for inspection at 200 Independence Drive, Roseland, IN 46637.

                  Unincorporated Areas of St. Joseph County

                Maps are available for inspection at 227 W. Jefferson Blvd, Room 732, South Bend, IN 46601.

                  Cameron Parish County, Louisiana, and Incorporated Areas

                Calcasieu Lake
                Base Flood Elevation Changes ranging from 8 to 16 feet in the form of Coastal AE/VE Zones have been made
                +6-13
                +8-16
                Unincorporated Areas of Cameron Parish.

                Grand Lake/Mermentau Lake
                Base Flood Elevation Changes ranging from 8 to 11 feet in the form of Coastal AE/VE Zones have been made
                +6-12
                +8-11
                Unincorporated Areas of Cameron Parish.

                Gulf of Mexico
                Base Flood Elevation Changes ranging from 6 to 22 feet in the form of Coastal AE/VE Zones have been made.
                +4-21
                +6-22
                Unincorporated Areas of Cameron Parish.

                Sabine Lake
                Base Flood Elevation Changes ranging from 10 to 14 feet in the form of Coastal VE Zones have been made
                +8-13
                +10-14
                Unincorporated Areas of Cameron Parish.

                White Lake
                Base Flood Elevation Changes ranging from 8 to 12 feet in the form of Coastal VE Zones have been made for transects extended from White Lake into Cameron Parish from Vermillion Parish
                +10-13
                +8-12
                Unincorporated Areas of Cameron Parish.

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

                Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Cameron Parish

                Maps are available for inspection at 119 Smith Circle, Cameron, LA 70631.

                  Custer County, Montana, and Incorporated Areas

                Tongue River
                Approximately 1,605 Feet upstream of confluence with Yellowstone River
                +2360
                +2359
                Unincorporated Areas of Custer County, City of Miles City.

                Approximately 5,315 Feet upstream of Interstate 94
                None
                +2375

                Tongue River Split 1
                Approximately 1,450 Feet upstream of confluence with Yellowstone River
                None
                +2353
                Unincorporated Areas of Custer County, City of Miles City.

                Approximately 2,430 Feet upstream of 4th Street
                None
                +2358

                Tongue River Split 2A
                Approximately 2,135 Feet upstream of confluence with Yellowstone River
                None
                +2348
                Unincorporated Areas of Custer County, City of Miles City.

                Approximately 185 Feet upstream of Montana Avenue
                None
                +2358

                Tongue River Split 2B
                Just downstream of the intersection of Palmer Street and 9th Street
                None
                +2359
                City of Miles City.

                Approximately 705 Feet upstream of Pleasant St
                None
                +2360

                Tongue River Split 2C
                Approximately 380 Feet upstream of Palmer Street
                None
                +2359
                City of Miles City.

                Approximately 1,145 Feet upstream of Pacific Avenue
                None
                +2363

                Tongue River Split 3A
                Approximately 300 Feet upstream of confluence with Tongue River Split 2A
                None
                +2346
                Unincorporated Areas of Custer County, City of Miles City.

                Approximately 290 Feet upstream of Leighton Street
                None
                +2358

                Tongue River Split 3B
                Just downstream of Pleasant Street
                None
                +2360
                Unincorporated Areas of Custer County, City of Miles City.

                Approximately 75 Feet upstream of 4th Avenue
                None
                +2365

                Tongue River Split 3C
                Approximately 130 Feet downstream of Palmer Street
                None
                +2358
                Unincorporated Areas of Custer County, City of Miles City.

                Approximately 1,465 Feet upstream of Balsam Drive
                None
                +2368

                Yellowstone River
                Approximately 22,675 Feet downstream of State Highway 59
                None
                +2336
                Unincorporated Areas of Custer County, City of Miles City.

                Approximately 11,500 Feet upstream of State Highway 59
                None
                +2363

                * 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 Miles City

                Maps are available for inspection at 17 South 8th Street, Miles City, MT 59301.

                  Unincorporated Areas of Custer County

                Maps are available for inspection at 1010 Main Street, Miles City, MT 59301.

                  Coshocton County, Ohio, and Incorporated Areas

                Muskingum River
                170 feet upstream of railroad crossing over Muskingum River east of Conesville
                None
                +737
                Village of Conesville.

                260 feet upstream of railroad crossing over Muskingum River east of Conesville
                None
                +737

                * 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

                  Village of Conesville

                Maps are available for inspection at Coshocton County Engineer Office, 23194 County Road 621, Coshocton, OH 43812.

              (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

            Dated: November 13, 2008.
            Michael K. Buckley,
            Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

      [FR Doc. E8-27478 Filed 11-18-08; 8:45 am]
      BILLING CODE 9110-12-P