        DEPARTMENT OF HOMELAND SECURITY
        Federal Emergency Management Agency
        44 CFR Part 67
        [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1083]
        Proposed Flood Elevation Determinations

          AGENCY:
          Federal Emergency Management Agency, DHS.

          ACTION:
          Proposed rule.

          SUMMARY:
          Comments are requested on the proposed Base (1% 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 March 16, 2010.

          ADDRESSES:
          The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is 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-1083, to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street,  SW., Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@dhs.gov.

          FOR FURTHER INFORMATION CONTACT:

          Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street,  SW., Washington, DC 20472, (202) 646-2820, or (e-mail) kevin.long@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.

          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:

                State
                City/town/county
                Source of flooding
                Location **
                * Elevation in feet (NGVD) + Elevation in feet (NAVD)
                  # Depth in feet above ground
                  ⁁ Elevation in meters (MSL)

                Existing
                Modified

                  Town of Ennis, Montana

                Montana
                Town of Ennis
                Moores Creek
                Approximately 5,450 feet downstream of 1st Street
                None
                +4915

                Approximately 650 feet upstream of Moores Creek Road
                None
                +5030

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street,  SW., Washington, DC 20472.

                  ADDRESSES

                  Town of Ennis

                Maps are available for inspection at 328 West Main Street, Ennis, MT 59729.

                Flooding source(s)
                Location of referenced elevation
                * Elevation in feet (NGVD) + Elevation in feet (NAVD)
                  # Depth in feet above ground
                  ⁁ Elevation in meters (MSL)

                Effective
                Modified
                Communities affected

                  Cross County, Arkansas, and Incorporated Areas

                Cooper Creek
                Approximately 1,100 feet upstream of State Highway 1 Business
                None
                +279
                Unincorporated Areas of Cross County.

                Approximately 0.58 mile upstream of State Highway 1 Business
                None
                +286

                Turkey Creek
                Approximately 400 feet upstream of State Highway 1
                None
                +258
                Unincorporated Areas of Cross County.

                Just upstream of Gibbs Road
                None
                +259

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Cross County

                Maps are available for inspection at 705 Union Avenue East, Room 4, Wynne, AR 72396.

                  Drew County, Arkansas, and Incorporated Areas

                Tenmile Creek
                Approximately 1,000 feet downstream of the Missouri Pacific Railroad
                None
                +208
                Unincorporated Areas of Drew County.

                Just downstream of Missouri Pacific Railroad
                None
                +212

                Tenmile Tributary
                Approximately 3,200 feet downstream of Ragland Avenue
                None
                +222
                City of Monticello, Unincorporated Areas of Drew County.

                Just downstream of Barkada Road
                None
                +236

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Monticello

                Maps are available for inspection at 204 West Gains Street, Monticello, AR 71655.

                  Unincorporated Areas of Drew County

                Maps are available for inspection at 210 South Main Street, Monticello, AR 71655.

                  Poinsett County, Arkansas, and Incorporated Areas

                Left Hand Chute of Little River
                At the confluence of St. Francis River
                None
                +212
                Unincorporated Areas of Poinsett County.

                Approximately 0.45 mile downstream of Leatherwood Lane
                None
                +216

                Approximately 1.02 mile downstream of State Highway 140
                None
                +220

                Approximately 1,400 feet downstream of State Highway 140
                None
                +223

                St. Francis River
                Approximately 0.73 mile downstream of Highway 63
                None
                +211
                Unincorporated Areas of Poinsett County.

                At the confluence of Left Hand Chute of Little River
                None
                +212

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Poinsett County

                Maps are available for inspection at the County Hall, Harrisburg, AR 72432.

                  Saline County, Arkansas, and Incorporated Areas

                Hurricane Lake
                Just downstream of Interstate 30
                None
                +369
                City of Benton, Unincorporated Areas of Saline County.

                Approximately 0.41 mile downstream of Zuber Road
                None
                +410

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Benton

                Maps are available for inspection at 114 South East Street, Benton, AR 72015.

                  Unincorporated Areas of Saline County

                Maps are available for inspection at 200 North Main Street, Room 17, Benton, AR 72015.

                  Humboldt County, California, and Incorporated Areas

                Redwood Creek (With all levees)
                At the confluence with the Pacific Ocean
                None
                +10
                Unincorporated Areas of Humboldt County.

                Approximately 1.25 mile upstream of U.S. Highway 101
                None
                +44

                Redwood Creek (Without all levees)
                At the confluence with the Pacific Ocean
                None
                +10
                Unincorporated Areas of Humboldt County.

                Approximately 1.25 mile upstream of U.S. Highway 101
                None
                +42

                Redwood Creek (Without all right levees)
                At the confluence with the Pacific Ocean
                None
                +10
                Unincorporated Areas of Humboldt County.

                Approximately 1.25 mile upstream of U.S. Highway 101
                None
                +43

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Humboldt County

                Maps are available for inspection at the County Courthouse, 825 5th Street, Room 111, Eureka, CA 95501.

                  Oglethorpe County, Georgia, and Incorporated Areas

                Oconee River
                At the confluence of Falling Creek
                None
                +461
                Unincorporated Areas of Oglethorpe County.

                Approximately 0.4 mile upstream of the county boundary
                None
                +477

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Oglethorpe County

                Maps are available for inspection at the Oglethorpe County Board of Commissioners Office, 341 West Main Street, Lexington, GA 30648.

                  Wilkinson County, Georgia, and Incorporated Areas

                Little Commissioner Creek
                Approximately 0.4 mile upstream of State Route 18
                None
                +332
                Unincorporated Areas of Wilkinson County.

                Approximately 0.5 mile upstream of State Route 18
                None
                +332

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Wilkinson County

                Maps are available for inspection at the County Courthouse, 100 Bacon Street, Irwinton, GA 31042.

                  Bath County, Kentucky, and Incorporated Areas

                Caney Creek (Backwater effects from Cave Run Lake)
                From confluence with Cave Run Lake to approximately 0.6 mile upstream of the confluence with Cave Run Lake
                None
                +747
                Unincorporated Areas of Bath County.

                Cave Run Lake
                Entire shoreline of Cave Run Lake
                None
                +747
                Unincorporated Areas of Bath County.

                Sulpher Branch (Backwater effects from Cave Run Lake)
                From confluence with Cave Run Lake to 2,000 feet upstream of the confluence with Cave Run Lake
                None
                +747
                Unincorporated Areas of Bath County.

                Trough Lick Branch (Backwater effects from Cave Run Lake)
                From confluence with Cave Run Lake to 2,000 feet upstream of the confluence with Cave Run Lake
                None
                +747
                Unincorporated Areas of Bath County.

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Bath County

                Maps are available for inspection at 19 East Main Street, Owingsville, KY 40360.

                  Pointe Coupee Parish, Louisiana, and Incorporated Areas

                Bayou Fordoche
                Approximately 0.47 mile downstream of Interstate 190
                None
                +19
                Town of Livonia.

                Approximately 1.21 mile upstream of Interstate Highway 190
                None
                +19

                Bayou Fordoche
                Approximately 0.54 mile downstream of Robinhood Road
                None
                +26
                Village of Fordoche.

                Approximately 900 feet downstream of Robinhood Road
                None
                +27

                False Bayou
                Just upstream of Texas and Union Railroad
                +29
                +23
                Unincorporated Areas of Pointe Coupee Parish.

                Approximately 1,500 feet upstream of Texas and Union Railroad
                +29
                +27

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Town of Livonia

                Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760.

                  Unincorporated Areas of Pointe Coupee Parish

                Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760.

                  Village of Fordoche

                Maps are available for inspection at the Pointe Coupee Police Jury, 160 East Main Street, New Roads, LA 70760.

                  Dorchester County, Maryland, and Incorporated Areas

                Marshy Hope Creek
                Approximately at the county boundary with Caroline County
                None
                +11
                Unincorporated Areas of Dorchester County.

                Approximately 250 feet downstream of the Town of Federalsburg corporate limits
                None
                +11

                Wright's Branch
                Approximately at Delaware Avenue
                None
                +35
                Unincorporated Areas of Dorchester County.

                Approximately 400 feet upstream of Andrews Street
                None
                +37

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Dorchester County

                Maps are available for inspection at the County Office Building, 501 Court Lane, Cambridge, MD 21613.

                  Somerset County, Maryland, and Incorporated Areas

                Loretta Branch
                Approximately 125 feet downstream of Umes Boulevard
                None
                +5
                Unincorporated Areas of Somerset County.

                Approximately at the confluence with Manokin River and Manokin Branch
                None
                +5

                Manokin Branch
                Approximately at the confluence with Manokin River and Loretta Branch
                None
                +5
                Unincorporated Areas of Somerset County.

                Approximately 750 feet upstream of Broad Street
                None
                +5

                Manokin River
                Approximately 4,000 feet upstream of the confluence with Taylor Creek
                None
                +5
                Unincorporated Areas of Somerset County.

                Approximately at the crossing of Somerset Avenue
                None
                +5

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Somerset County

                Maps are available for inspection at 319 West Main Street, Crisfield, MD 21817.

                  Prentiss County, Mississippi, and Incorporated Areas

                Tennessee-Tombigbee Waterway (Bay Springs Lake)
                Entire shoreline (within county)
                None
                +420
                Unincorporated Areas of Prentiss County.

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Prentiss County

                Maps are available for inspection at the County Courthouse, 2301 North 2nd Street, Booneville, MS 38829.

                  Gallia County, Ohio, and Incorporated Areas

                Campaign Creek (backwater effects from Ohio River)
                Approximately 640 feet upstream of Bulaville Pike
                None
                +571
                Unincorporated Areas of Gallia County.

                Approximately 0.7 mile upstream of Bulaville Pike
                None
                +571

                Clear Fork (backwater effects from Ohio River)
                Confluence with Raccoon Creek
                None
                +566
                Unincorporated Areas of Gallia County.

                Approximately 0.6 mile downstream of State Route 141
                None
                +566

                Little Swan Creek (backwater effects from Ohio River)
                Confluence with Swan Creek
                None
                +561
                Unincorporated Areas of Gallia County.

                Approximately 0.7 mile upstream of confluence with Swan Creek
                None
                +561

                Raccoon Creek
                Approximately 1.9 mile downstream of State Route 160 in the Village of Vinton
                None
                +605
                Unincorporated Areas of Gallia County, Village of Vinton.

                Approximately 0.8 mile upstream of State Route 160 in the Village of Vinton
                None
                +613

                Raccoon Creek (backwater effects from Ohio River)
                Approximately 0.6 mile upstream of Little Raccoon Creek's confluence with Raccoon Creek
                None
                +566
                Unincorporated Areas of Gallia County.

                Approximately 0.7 mile upstream of Lincoln Pike
                None
                +566

                Swan Creek (backwater effects from Ohio River)
                Approximately 1,020 feet downstream of Swan Creek Road
                None
                +561
                Unincorporated Areas of Gallia County.

                Approximately 1,360 feet downstream of Peters Branch Road
                None
                +561

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Gallia County

                Maps are available for inspection at 111 Jackson Pike, Suite 1569, Gallipolis, OH 45631.

                  Village of Vinton

                Maps are available for inspection at 111 Jackson Pike, Suite 1569, Gallipolis, OH 45631.

                  Le Flore County, Oklahoma, and Incorporated Areas

                Caston Creek
                Just upstream of the confluence with the Poteau River
                None
                +463
                Unincorporated Areas of Le Flore County.

                Approximately 500 feet upstream of the confluence with Mountain Creek
                None
                +470

                Morris Creek
                Approximately 200 feet downstream of Old Highway 59
                None
                +469
                Town of Howe, Unincorporated Areas of Le Flore County.

                Approximately 830 feet downstream of County Road East 1425
                None
                +492

                Morris Tributary
                Approximately 1,640 feet downstream of Highway 59
                None
                +485
                Town of Howe, Unincorporated Areas of Le Flore County.

                Approximately 525 feet downstream of County Road East 1430
                None
                +501

                Mountain Creek
                At the confluence with Caston Creek
                None
                +470
                Unincorporated Areas of Le Flore County.

                Approximately 600 feet upstream of Highway 270
                None
                +483

                Polk Creek
                Approximately 0.6 mile downstream of Possum Valley Road
                None
                +443
                City of Poteau, Unincorporated Areas of Le Flore County.

                Just upstream of Polk Creek Road
                None
                +584

                Poteau River
                Flooding effects from the Poteau River extending just upstream of the San Francisco Railway
                None
                +448
                Unincorporated Areas of Le Flore County.

                Flooding effects from the Poteau River extending from 2.3 miles upstream of County Road East 1370
                None
                +453

                Town Creek North
                Approximately 958 feet upstream of Witte Street
                +454
                +453
                City of Poteau.

                Just upstream of Cavanal Scenic Expressway
                None
                +571

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Poteau

                Maps are available for inspection at 111 Peters Street, Poteau, OK 74953.

                  Town of Howe

                Maps are available for inspection at 21781 West Main Street, Howe, OK 74940.

                  Unincorporated Areas of Le Flore County

                Maps are available for inspection at 100 South Broadway Street, Poteau, OK 74953.

                  Colorado County, Texas, and Incorporated Areas

                Colorado River
                Approximately 0.6 mile downstream of County Highway 122
                None
                +139
                Unincorporated Areas of Colorado County, City of Columbus, City of Eagle Lake, Colorado County Water Control Improvement District No. 2.

                Just downstream of Burnham's Ferry Crossing
                None
                +223

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Columbus

                Maps are available for inspection at 605 Spring Street, Columbus, TX 78934.

                  City of Eagle Lake

                Maps are available for inspection at 400 Spring Street, Columbus, TX 78934.

                  Colorado County Water Control Improvement District No. 2

                Maps are available for inspection at 400 Spring Street, Columbus, TX 78934.

                  Unincorporated Areas of Colorado County

                Maps are available for inspection at 400 Spring Street, Columbus, TX 78934.

                  Dawson County, Texas, and Incorporated Areas

                Sulphur Springs Draw
                Just upstream of County Road L
                None
                +2924
                Unincorporated Areas of Dawson County.

                Just downstream of U.S. Highway 180
                None
                +2950

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Dawson County

                Maps are available for inspection at 400 South 1st Street, Lamesa, TX 79331.

                  Denton County, Texas, and Incorporated Areas

                Cooper Creek
                Approximately 570 feet downstream of the intersection of Cooper Creek and Mingo Road
                +588
                +585
                City of Denton.

                Approximately 586 feet downstream of the intersection of Cooper Creek and East Sherman Drive
                +630
                +628

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Denton

                Maps are available for inspection at 215 East McKinney Street, Denton, TX 76201.

                  Duval County, Texas, and Incorporated Areas

                San Diego Creek
                Just upstream of Ventura Street
                None
                +296
                City of San Diego, Unincorporated Areas of Duval County.

                Just upstream of Julian Street
                None
                +304

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of San Diego

                Maps are available for inspection at 404 South Meir Street, San Diego, TX 78384.

                  Unincorporated Areas of Duval County

                Maps are available for inspection at 400 East Gravis Highway 44, San Diego, TX 78384.

                  Fannin County, Texas, and Incorporated Areas

                Bois D'arc Creek
                Approximately 1,400 feet upstream of State Highway 56
                None
                +553
                Unincorporated Areas of Fannin County.

                Approximately 0.75 mile upstream of State Highway 56
                None
                +554

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Fannin County

                Maps are available for inspection at 101 East Sam Rayburn Drive, Bonham, TX 75418.

                  Hale County, Texas, and Incorporated Areas

                Running Water Draw
                Approximately 1,800 feet downstream of County Road Y
                +3335
                +3337
                City of Plainview, Unincorporated Areas of Hale County.

                Approximately 500 feet upstream of U.S. Highway 70
                +3381
                +3382

                Tributary A
                Approximately 1,400 feet upstream of Business Loop Interstate 27
                +3378
                +3380
                City of Plainview, Unincorporated Areas of Hale County.

                Just upstream of County Road 60
                +3387
                +3388

                Tributary to Running Water Draw
                At the confluence with Running Water Draw
                +3364
                +3365
                City of Plainview, Unincorporated Areas of Hale County.

                Playa C adjoining Interstate 27
                +3380
                +3381

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Plainview

                Maps are available for inspection at 901 Broadway Street, Plainview, TX 79072.

                  Unincorporated Areas of Hale County

                Maps are available for inspection at 500 Broadway Street, Plainview, TX 79072.

                  Wasatch County, Utah, and Incorporated Areas

                Center Creek
                At confluence with Surplus Canal
                None
                +5628
                City of Heber City, Town of Independence, Unincorporated Areas of Wasatch County.

                Approximately 2,914 feet upstream of the upper Center Creek Road crossing
                None
                +6573

                Humbug Canal
                At the confluence with Center Creek
                None
                +5685
                City of Heber City, Unincorporated Areas of Wasatch County.

                Approximately 566 feet upstream of 600 South Street
                None
                +5692

                Lake Creek
                At the diversion to South Lake Creek and North Lake Creek
                None
                +5860
                Unincorporated Areas of Wasatch County.

                Approximately 0.73 mile upstream of Lake Pines Drive
                None
                +6738

                Lower Wasatch Canal
                At Highway 189
                None
                +5634
                City of Heber City, Unincorporated Areas of Wasatch County.

                Approximately 800 feet upstream of Mill Road
                None
                +5694

                North Lake Creek
                Approximately 800 feet upstream of Mill Road
                None
                +5694
                City of Heber City, Unincorporated Areas of Wasatch County.

                At the diversion from Lake Creek
                None
                +5860

                Snake Creek
                At confluence with Middle Provo River
                None
                +5422
                City of Midway, Unincorporated Areas of Wasatch County.

                Approximately 210 feet upstream of Warm Springs Road
                None
                +5760

                South Lake Creek
                Approximately 566 feet upstream of 600 South Street
                None
                +5692
                City of Heber City, Unincorporated Areas of Wasatch County.

                At the diversion from Lake Creek
                None
                +5860

                Surplus Canal
                At the confluence with the Middle Provo River
                None
                +5433
                City of Heber City, Unincorporated Areas of Wasatch County.

                At Highway 189
                None
                +5634

                Upper Provo River
                Approximately 0.52 mile downstream of Highway 32
                None
                +6186
                Unincorporated Areas of Wasatch County.

                Approximately 0.28 mile upstream of Moonlight Drive
                None
                +6426

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  City of Heber City

                Maps are available for inspection at 75 North Main Street, Heber City, UT 84032.

                  City of Midway

                Maps are available for inspection at 75 North 100 West, Midway, UT 84032.

                  Town of Independence

                Maps are available for inspection at 4530 East Center Creek Road, Heber City, UT 84032.

                  Unincorporated Areas of Wasatch County

                Maps are available for inspection at 25 North Main Street, Heber City, UT 84032.

                  Barbour County, West Virginia, and Incorporated Areas

                Tygart Valley River
                Approximately 40 feet downstream of the confluence of Big Run
                None
                +1696
                Unincorporated Areas of Barbour County.

                Approximately 175 feet upstream of the confluence of Tributary No. 1 to Tygart Valley River
                None
                +1706

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Barbour County

                Maps are available for inspection at the County Courthouse, 8 North Main Street, Philippi, WV 26416.

                  Upshur County, West Virginia, and Incorporated Areas

                Brushy Fork (Backwater flooding from Buckhannon River)
                Approximately at the confluence with Fink Run
                None
                +1415
                Unincorporated Areas of Upshur County.

                Approximately 700 feet upstream of County Route 7/1 (Left Branch of Brushy Fork)
                None
                +1415

                Fink Run (Backwater flooding from Buckhannon River)
                Just upstream of Old Weston Road
                None
                +1415
                Unincorporated Areas of Upshur County.

                Approximately 2,100 feet upstream of intersection of Old Weston Road and County Route 5/7 (Mudlick Run)
                None
                +1415

                Unnamed Tributary No. 1 to Fink Run (Backwater flooding from Buckhannon River)
                Approximately at the area bounded by U.S. Route 33, Wabash Avenue, and County Route 33/1
                None
                +1415
                Unincorporated Areas of Upshur County.

                * National Geodetic Vertical Datum.

                + North American Vertical Datum.

                # Depth in feet above ground.

                ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

                ** 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 Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                  ADDRESSES

                  Unincorporated Areas of Upshur County

                Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201.

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

            Deborah S. Ingram,
            Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

      [FR Doc. E9-29934 Filed 12-15-09; 8:45 am]
      BILLING CODE 9110-12-P


        DEPARTMENT OF DEFENSE
        Defense Acquisition Regulations System
        48 CFR Parts 206, 215, 234, and 235
        [Docket DARS-2018-0053]
        RIN 0750-AJ83
        Defense Federal Acquisition Regulation Supplement: Amendments Related to General Solicitations (DFARS Case 2018-D021)

          AGENCY:
          Defense Acquisition Regulations System, Department of Defense (DoD).

          ACTION:
          Proposed rule.

          SUMMARY:
          DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2018 by expanding the definition of other competitive procedures, and extending the term and increasing the dollar value under the contract authority for advanced development of initial or additional prototype units.

          DATES:
          Comments on the proposed rule should be submitted in writing to the address shown below on or before December 31, 2018, to be considered in the formation of a final rule.

          ADDRESSES:
          Submit comments identified by DFARS Case 2018-D021, using any of the following methods:
          ○ Federal eRulemaking Portal: http://www.regulations.gov. Search for “DFARS Case 2018-D021.” Select “Comment Now” and follow the instructions provided to submit a comment. Please include “DFARS Case 2018-D021” on any attached documents.

            Email: osd.dfars@mail.mil. Include DFARS Case 2018-D021 in the subject line of the message.
          ○ Fax: 571-372-6094.
          ○ Mail: Defense Acquisition Regulations System, Attn: Ms. Heather Kitchens, OUSD (A&S) DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060.

          Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

          FOR FURTHER INFORMATION CONTACT:
          Ms. Heather Kitchens, telephone 571-372-6104.

        SUPPLEMENTARY INFORMATION:

        I. Background
        DoD is proposing to revise the DFARS to implement sections 221 and 861 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91).
        Section 221 amends 10 U.S.C. 2302(2)(B) to allow for an expanded application of other competitive procedures by replacing the words “basic research” with “science and technology”. Competitive procedures are defined in 10 U.S.C. 2302(2) as “. . . procedures under which the head of an agency enters into a contract pursuant to full and open competition.” Changing the words “basic research” to “science and technology” expands the authority to use other competitive procedures for “advanced technology development” and “advanced component development and prototypes” research proposals, in addition to the previously authorized “basic research” and “applied research” proposals. One of the solicitation methods for research and development proposals, a broad agency announcement (BAA), is defined in the Federal Acquisition Regulation (FAR) as “a general announcement of an agency's research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the Government's needs.” Section 221 permits the use of BAAs for competitive selection of science and technology proposals by authorizing the use of the competitive procedures at 10 U.S.C. 2302(2)(B) that result from a general solicitation and peer or scientific review of such proposals—a key element of the BAA process.
        Section 861 amends 10 U.S.C. 2302e to allow for an extended term limit and increased dollar threshold under the contract authority for advanced development of initial or additional prototype units awarded from a competitive selection, as specified in 10 U.S.C. 2302(2)(B). The statutory term limit extends from 12 months to 2 years and the dollar threshold increases from $20 million to $100 million in fiscal year 2017 constant dollars (10 U.S.C. 2302e). Section 861 also amends 10 U.S.C. 2302e to repeal the obsolete authority implemented by section 819 of the NDAA for FY 2010 (Pub. L. 111-84), thereby eliminating the expiration date of the authority.
        II. Discussion and Analysis
        The proposed DFARS changes for the other competitive procedures authorized by section 221 and implemented at 10 U.S.C. 2302(2)(B) are as follows:
        • DFARS section 206.102, Use of Competitive Procedures, is added with a statement at paragraph (d)(2) that, for DoD, the competitive selection of science and technology proposals resulting from a broad agency announcement with peer or scientific review, as described in 235.016(a), satisfies the requirement for full and open competition. This DFARS section is added, notwithstanding FAR 6.102(d)(2), which limits other competitive procedures to basic and applied research proposals.
        • DFARS 215.371-4(a)(4) is revised to provide an only-one-offer exception for the acquisition of science and technology, as described in DFARS 235.016(a), instead of basic or applied research or development, as specified in FAR 35.016(a).
        • DFARS 235.006-71 is added to direct contracting officers who are conducting acquisitions for research and development in accordance with FAR part 35 to DFARS 206.102(d)(2) regarding competitive procedures for science and technology proposals; and
        • DFARS section 235.016, Broad Agency Announcement, is revised to provide that broad agency announcements with peer or scientific review may be used for science and technology proposals, including four categories of science and technology proposals and their corresponding budget activity codes.
        The proposed changes to DFARS 234.005-1, Competition, for the contract authority for advanced development of initial or additional prototype units, authorized by section 861 and implemented at 10 U.S.C. 2302e, are as follows:
        • The term “general solicitation” is replaced with “broad agency announcement.”
        • The term limit is changed from 12 months to 2 years.
        • The dollar threshold is increased from $20 million to $100 million in fiscal year 2017 constant dollars.
        • The expiration date of September 30, 2019, is deleted.
        In summary, this proposed rule expands the application of other competitive procedures to include the competitive selection of science and technology proposals beyond “basic research” proposals. This proposed rule also expands the contract authority for advanced development of initial or additional prototype units. These procedures are internal to the Government with minimal impact to the public.
        III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items
        This rule does not propose to create any new provisions or clauses or impact any existing provisions or clauses.
        IV. Executive Orders 12866 and 13563
        Executive Order (E.O.s) 12866, Regulatory Planning and Review; and E.O. 13563, Improving Regulation and Regulatory Review, direct 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). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804.
        V. Executive Order 13771
        This rule is not anticipated to be an E.O. 13771 regulatory action, because this rule is not significant under E.O. 12866.
        VI. Regulatory Flexibility Act

        DoD does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This rule impact internal Government procedures by expanding the use of other competitive procedures to include the competitive selection of science and technology proposals and expands the contract authority for advanced development of initial or additional prototype units. However, an initial regulatory flexibility analysis has been performed and is summarized as follows:
        This rule proposes to amend the DFARS to implement sections 221 and 861 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018.

        Section 221 expands the definition of “competitive procedures” at 10 U.S.C. 2302(2)(B) by removing the term “basic research” and adding “science and technology” in its place. Section 861 implements a statutory modification to 10 U.S.C. 2302e to extend the term limit and dollar threshold for the contract authority for advanced development of initial or additional prototype units from 12 months to 2 years and from $20 million to $100 million in fiscal year 2017 constant dollars (10 U.S.C. 2302e), respectively. The modification also repeals the obsolete authority of section 819 of the NDAA for FY 2010 (Pub. L. 111-84), thereby eliminating the expiration date of September 30, 2019, for the contract authority for advanced development of initial or additional prototype units.
        The objective of this rule is to implement sections 221 and 861 to establish broad agency announcements as a competitive procedure that may be used to select science and technology proposals and to expand the term limit and dollar threshold for the contract authority for advanced development of initial or additional prototype units.
        In FY 2017, DoD awarded 1,853 contracts for research and development, excluding Small Business Innovation Research (SBIR) and Small Technology Transfer Research (STTR) program requirements. Approximately 53% of those new contract actions were awarded to 1,005 of unique small business and nontraditional DoD entities. There were 2,858 new contract awards for SBIR and STTR program requirements for DoD. Approximately 66% of those new contract actions were awarded to 1,891 of unique small business and nontraditional DoD entities.
        This proposed rule does not include any new reporting or recordkeeping requirements for small entities.
        The rule does not duplicate, overlap, or conflict with any other Federal rules.
        There are no known significant alternative approaches to the proposed rule that would meet the requirements of the applicable statute.
        DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.
        DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2018-D021), in correspondence.
        VII. Paperwork Reduction Act
        The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

          List of Subjects in 48 CFR Parts 206, 215, 234 and 235
          Government procurement.

          Jennifer Lee Hawes,
          Regulatory Control Officer, Defense Acquisition Regulations System.

        Therefore, 48 CFR parts 206, 215, 234, and 235 are proposed to be amended as follows:
        1. The authority citation for 48 CFR parts 206, 215, 234, and 235 continues to read as follows:

          Authority:
           41 U.S.C. 1303 and 48 CFR chapter 1.

          PART 206—COMPETITION REQUIREMENTS

        2. Subpart 206.1 is added to read as follows:

          Subpart 206.1—Full and Open Competition

            206.102
             Use of competitive procedures.
            (d) Other competitive procedures. (2) In lieu of FAR 6.102(d)(2), competitive selection of science and technology proposals resulting from a broad agency announcement with peer or scientific review, as described in 235.016(a) (10 U.S.C. 2302(2)(B)).

          PART 215—CONTRACTING BY NEGOTIATION

        3. In section 215.371-4, paragraph (a)(4) is revised to read as follows:

          215.371-4
          Exceptions.
          (a) * * *
          (4) Acquisitions of science and technology, as specified in 235.016(a); or

          PART 234—MAJOR SYSTEM ACQUISITION

        4. Section 234.005-1 is amended by—
        a. Removing paragraph (2);
        b. Redesignating paragraph (1) as introductory text;
        c. In the newly redesignated introductory text, removing “general solicitation” and adding “broad agency announcement” in its place;
        d. Redesignating paragraphs (i), (ii), and (iii) as paragraphs (1), (2), and (3), respectively;
        e. In the newly redesignated paragraph (2), removing “12 months” and adding “2 years” in its place; and
        f. Revising the newly redesignated paragraph (3) to read as follows:

          234.005-1
          Competition.

          (3) The dollar value of the work to be performed pursuant to the contract line item or contract option shall not exceed $100 million in fiscal year 2017 constant dollars. (10 U.S.C. 2302e).

          PART 235—RESEARCH AND DEVELOPMENT CONTRACTING

        5. Section 235.006-71 is amended by—
        a. Designating the text as paragraph (b); and
        b. Adding a new paragraph (a) to read as follows:

          235.006-71
           Competition.
          (a) Use of a broad agency announcement with peer or scientific review for the award of science and technology proposals in accordance with 235.016(a) fulfills the requirement for full and open competition (see 206.102(d)(2)).

        6. Section 235.016 is added to read as follows:

          235.016
           Broad agency announcement.
          (a) General. A broad agency announcement with peer or scientific review may be used for the award of science and technology proposals. Science and technology proposals include proposals for the following:
          (i) Basic research (budget activity 6.1).
          (ii) Applied research (budget activity 6.2).
          (iii) Advanced technology development (budget activity 6.3).
          (iv) Advanced component development and prototypes (budget activity 6.4).

      [FR Doc. 2018-23677 Filed 10-30-18; 8:45 am]
       BILLING CODE 5001-06-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 223
        [I.D. 022405B]
        RIN 0648-AS92
        Sea Turtle Conservation; Public Hearing Notification

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of public hearing.

          SUMMARY:
          The National Marine Fisheries Service (NMFS) is announcing its intent to hold public hearings in Massachusetts and New Jersey to inform interested parties of the proposed gear modification for the mid-Atlantic sea scallop dredge fishery and to accept public comments on this action.

          DATES:
          NMFS will hold a public hearing in Fairhaven, MA on Thursday, June 16, 2005, from 7 p.m. to 9 p.m., eastern daylight time and in Cape May, NJ on Wednesday, June 22, 2005, from 7 p.m to 9 p.m., eastern daylight time.

          ADDRESSES:
          The meeting locations are:
          Hampton Inn New Bedford, 1 Hampton Way, Fairhaven, MA 02719 (ph. 508-990-8500).
          Cape May City Hall, 643 Washington St., Cape May, NJ 08204 (ph. 609-884-9525).

          Written comments on the proposed rule, identified by RIN 0648-AS92, may be submitted by any one of the following methods: NMFS/Northeast Region Website: http://www.nero.noaa.gov/nero/regs/com.html Follow the instructions on the website for submitting comments.
          Federal eRulemaking Portal: http://www.regulations.gov. Follow the instruction on the website for submitting comments.
          E-mail: scallopchainmat@noaa.gov Please include the RIN 0648-AS92 in the subject line of the message.
          Mail: Mary A. Colligan, Assistant Regional Administrator for Protected Resources, NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930, ATTN: Sea Turtle Conservation Measures, Proposed Rule
          Facsimile (fax): 978-281-9394, ATTN: Sea Turtle Conservation Measures, Proposed Rule

          FOR FURTHER INFORMATION CONTACT:
          Ellen Keane (ph. 978-281-9300 x6526), NMFS, One Blackburn Drive, Gloucester, MA 01930.

        SUPPLEMENTARY INFORMATION:
        A proposed rule was issued on May 27, 2005 (70 FR 30660), which would require all vessels with a Federal Atlantic sea scallop fishery permit and a sea scallop dredge, regardless of dredge size or vessel permit category, to modify their dredge(s) when fishing south of 41° 9.0′ N. latitude, from the shoreline to the outer boundary of the Exclusive Economic Zone from May 1 through November 30 each year. Additional information on the justification for this action can be found in the proposed rule.

        Copies of the Draft Environmental Assessment/Regulatory Impact Review and documents cited in the proposed rule can be obtained from http://www.nero.noaa.gov/nero/regs/com.html listed under the ADDRESSES portion of this document or by writing to Ellen Keane, NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930 The public comment period closes at 5 p.m. EST on June 27, 2005.
        In determining how to proceed with this proposed action, NMFS will consider the public comments received (either in writing or verbally during the public hearing) during the 30-day comment period.
        Special Accommodations
        These meetings are accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ellen Keane, telephone 978-281-9328 x6526, fax 978-281-9394, at least 5 days before the scheduled meeting date.

          Authority:
          16 U.S.C. 1531 et seq.

          Dated: June 3, 2005.
          P. Michael Payne,
          Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service.

      [FR Doc. 05-11393 Filed 6-7-05; 8:45 am]
      BILLING CODE 3510-22-S