[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Rules and Regulations]
[Page 42266-42273]
[DOCID:fr21jy08-7]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated on the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Assistant Administrator of the
Mitigation Directorate has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for

each community.The BFEs and modified BFEs are made final in the
communities listed below. Elevations at selected locations in each
community are shown.
    National Environmental Policy Act. This final 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.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final 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.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
           Flooding source(s)              Location of referenced   (NAVD)       Communities affected
                                                 elevation            Depth in feet
                                                                       above ground
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                 Bourbon County, Kansas, and Incorporated Areas
                                             Docket No.: FEMA-B-7746
----------------------------------------------------------------------------------------------------------------
Marmaton River.........................  At the confluence of Mill               +801  Unincorporated Areas of
                                          Creek.                                        Bourbon County.
                                         Approximately 500 feet                  +805
                                          upstream of Sterwarts
                                          Dam.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES

City of Parsons

Maps are available for inspection at 112 South 17th Street, Parsons, KS 67357.

                                     Unincorporated Areas of Labette County

Maps are available for inspection at 501 Merchant Street, Oswego, KS 67356.
----------------------------------------------------------------------------------------------------------------
                                Tate County, Mississippi, and Incorporated Areas
                                             Docket No.: FEMA-D-7822
----------------------------------------------------------------------------------------------------------------
Arkabutla Reservoir....................  Arkabutla Reservoir......               +245  Town of Coldwater,
                                                                                Unincorporated Areas of
                                                                                Tate County.
Coldwater River........................  0.7 Miles Downstream of                 +195  Unincorporated Areas of
                                          Arkabutla Reservoir Dam.                      Tate County.
                                         At County Boundary.......               +252
Pidgeon Roost Creek....................  0.6 Miles Downstream of                 +292  Unincorporated Areas of
                                          Pidgeon Roost Road.                           Tate County.
                                         400 Ft. Downstream of                   +295
                                          Pidgeon Roost Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES

Town of Coldwater

Maps are available for inspection at 444 Court Street, Coldwater, MS 38618.

                                       Unincorporated Areas of Tate County

Maps are available for inspection at 201 Ward Street, Senatobia, MS 38668.
----------------------------------------------------------------------------------------------------------------
                              Forsyth County, North Carolina and Incorporated Areas
                               Docket Nos.: FEMA-D-7630, FEMA-D-7660, FEMA-B-7749
----------------------------------------------------------------------------------------------------------------
Abbotts Creek..........................  Approximately 600 feet                  +886  Town of Kernersville.
                                          downstream of Shields
                                          Road.
                                         Approximately 40 feet                   +921
                                          downstream of Lindsay
                                          Street.
Abbotts Creek Tributary 2..............  Approximately 350 feet                  +866  Unincorporated Areas of
                                          upstream of the                        +886   Forsyth County, Town of
                                          confluence with Abbotts                       Kernersville.
                                          Creek.
                                         Approximately 0.4 mile
                                          upstream of I-40 Highway.
Abbotts Creek Tributary 2A.............  At the confluence with                  +866  Town of Kernersville.
                                          Abbotts Creek Tributary
                                          2.

                                         Approximately 1,250 feet                +888
                                          upstream of the
                                          confluence with Abbotts
                                          Creek Tributary 2.
Ader Creek.............................  At the confluence with                  +721  Unincorporated Areas of
                                          Lick Creek.                                   Forsyth County.
                                         Approximately 0.4 mile                  +732
                                          upstream of the
                                          confluence with Lick
                                          Creek.
Bashavia Creek.........................  At the confluence with                  +733  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County, Town of
                                                                                Lewisville.
                                         Approximately 580 feet                  +829
                                          upstream of Balsom Road
                                          (State Road 1455).
Beaver Dam Creek.......................  Approximately 250 feet                  +820  Village of Tobaccoville.
                                          upstream of the
                                          confluence with Muddy
                                          Creek.
                                         Approximately 100 feet                  +822
                                          downstream of Shore Road
                                          (State Road 1632).
Beaver Dam Creek Tributary.............  At the confluence with                  +821  Village of Tobaccoville.
                                          Beaver Dam Creek.
                                         Approximately 800 feet                  +826
                                          upstream of the
                                          confluence with Beaver
                                          Dam Creek.
Belews Creek...........................  At the Forsyth/Stokes                   +737  Unincorporated Areas of
                                          County boundary.                              Forsyth County.
                                         Approximately 0.8 mile                  +821
                                          upstream of Old Valley
                                          School Road (SR 2024).
Belews Creek Tributary 4...............  At the confluence with                  +749  Unincorporated Areas of
                                          Belews Creek.                                 Forsyth County.
                                         Approximately 1,500 feet                +758
                                          upstream of the
                                          confluence with Belews
                                          Creek.
Belews Creek Tributary 5...............  Approximately 750 feet                  +786  Unincorporated Areas of
                                          upstream of the                               Forsyth County.
                                          confluence with Belews
                                          Creek.
                                         Approximately 1.6 miles                 +850
                                          upstream of the
                                          confluence with Belews
                                          Creek.
Belews Lake............................  Entire shoreline.........               +737  Unincorporated Areas of
                                                                                Forsyth County.
Berry Branch...........................  Approximately 0.4 mile                  +781  City of Winston-Salem.
                                          upstream of Peachtree
                                          Street.
                                         Approximately 0.5 mile                  +784
                                          upstream of Peachtree
                                          Street.
Bethabara Branch.......................  Approximately 0.7 mile                  +818  City of Winston-Salem.
                                          upstream of Bethabara
                                          Road.
                                         Approximately 300 feet                  +822
                                          downstream of Shattalon
                                          Drive (State Road 1686).
Bill Branch............................  Approximately 80 feet                   +784  Unincorporated Areas of
                                          upstream of the dam.                          Forsyth County.
                                         Approximately 0.5 mile                  +785
                                          upstream of the dam.
Blacks Creek...........................  At the confluence with                  +708  Unincorporated Areas of
                                          Double Creek.                                 Forsyth County.
                                         Approximately 350 feet                  +716
                                          upstream of Concord
                                          Church Road (State Road
                                          1171).
Blanket Bottom Creek...................  At the confluence with                  +701  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County, Town of
                                                                                Lewisville, Village of
                                                                                Clemmons.
                                         Approximately 1,950 feet                +883
                                          upstream of Kensford
                                          Drive.
Brushy Fork............................  At the Forsyth/Davidson                 +850  Unincorporated Areas of
                                          County boundary.                              Forsyth County.
                                         Approximately 20 feet                   +850
                                          upstream of the Forsyth/
                                          Davidson County boundary.
Brushy Fork Tributary..................  Approximately 1,200 feet                +790  City of Winston-Salem.
                                          upstream of the
                                          confluence with Brushy
                                          Fork Creek.
                                         Approximately 1,850 feet                +796
                                          upstream of the
                                          confluence with Brushy
                                          Fork Creek.
Buffalo Creek (into Town Fork Creek)...  Approximately 500 feet                  +667  Unincorporated Areas of
                                          downstream of the                             Forsyth County.
                                          Forsyth/Stokes County
                                          boundary.
                                         Approximately 50 feet                   +668
                                          upstream of the Forsyth/
                                          Stokes County boundary.
Buffalo Creek Tributary................  At the upstream side of                 +740  Unincorporated Areas of
                                          Shiloh Church Road.                           Forsyth County.
                                         Approximately 0.6 mile                  +761
                                          upstream of Shiloh
                                          Church Road (SR 1932).
Caudle Branch..........................  At the confluence with                  +714  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.

                                         Approximately 1,040 feet                +730
                                          upstream of Hounds Ridge
                                          Road.
Cloverleaf Branch......................  Approximately 650 feet                  +791  City of Winston-Salem.
                                          upstream of Stadium
                                          Drive.
                                         Approximately 210 feet                  +815
                                          upstream of U.S. Route
                                          421.
Crooked Run Creek......................  Approximately 480 feet                  +856  Unincorporated Areas of
                                          upstream of Meadowbrook                       Forsyth County, Village
                                          Road (SR 1105).                               of Tobaccoville.
                                         Approximately 850 feet                  +884
                                          upstream of the Forsyth/
                                          Stokes County boundary.
Crooked Run Creek Tributary............  At the Forsyth/Stokes                   +935  Unincorporated Areas of
                                          County boundary.                              Forsyth County, Village
                                                                                of Tobaccoville.
                                         Approximately 500 feet                  +977
                                          upstream of the
                                          confluence of Crooked
                                          Run Creek Tributary 2 of
                                          Tributary.
Crooked Run Creek Tributary 1 of         At the confluence with                  +953  Unincorporated Areas of
 Tributary.                               Crooked Run Creek                             Forsyth County, Village
                                          Tributary.                                    of Tobaccoville.
                                         Approximately 1,100 feet                +973
                                          upstream of the
                                          confluence with Crooked
                                          Run Creek Tributary.
Crooked Run Creek Tributary 2 of         At the confluence with                  +970  Unincorporated Areas of
 Tributary.                               Crooked Run Creek                             Forsyth County, Village
                                          Tributary.                                    of Tobaccoville.
                                         Approximately 1,200 feet                +986
                                          upstream of the
                                          confluence with Crooked
                                          Run Creek Tributary.
Dean Creek.............................  Approximately 0.6 mile                  +816  Unincorporated Areas of
                                          upstream of Lenbrook                          Forsyth County.
                                          Road (SR 2074).
                                         Approximately 0.9 mile                  +827
                                          upstream of Lenbrook
                                          Road (SR 2074).
Dean Creek Tributary...................  Approximately 450 feet                  +789  Unincorporated Areas of
                                          upstream of the                               Forsyth County.
                                          confluence with Dean
                                          Creek.
                                         Approximately 0.5 mile                  +802
                                          upstream of the
                                          confluence with Dean
                                          Creek.
Double Creek...........................  At the confluence with                  +708  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.
                                         Approximately 0.7 mile                  +708
                                          upstream of the
                                          confluence of Blacks
                                          Creek.
East Belews Creek......................  At the confluence with                  +737  Unincorporated Areas of
                                          Belews Creek.                                 Forsyth County, Town of
                                                                                Kernersville.
                                         Approximately 2.1 miles                 +913
                                          upstream of Warren Road
                                          (SR 2019).
East Belews Creek Tributary 1..........  At the confluence with                  +737  Unincorporated Areas of
                                          East Belews Creek.                            Forsyth County.
                                         At the Forsyth/Guilford                 +737
                                          County boundary.
East Belews Creek Tributary 1 of         At the confluence with                  +737  Unincorporated Areas of
 Tributary 1.                             East Belews Creek                             Forsyth County.
                                          Tributary 1.
                                         At the Forsyth/Guilford                 +737
                                          County boundary.
East Belews Creek Tributary 2..........  At the confluence with                  +737  Unincorporated Areas of
                                          East Belews Creek.                            Forsyth County.
                                         Approximately 0.7 mile                  +750
                                          upstream of Benefit
                                          Church Road (SR 1970).
Ellison Creek..........................  At the confluence with                  +705  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County, Town of
                                                                                Lewisville.
                                         Approximately 1.1 miles                 +720
                                          upstream of Styers Ferry
                                          Road (State Road 1166).
Fries Branch...........................  At the confluence with                  +801  Unincorporated Areas of
                                          Fries Creek.                                  Forsyth County.
                                         Approximately 140 feet                  +846
                                          upstream of Walker Road
                                          (State Road 1470).
Fries Creek............................  At the confluence with                  +739  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.
                                         Approximately 0.6 mile                  +822
                                          upstream of Waller Road
                                          (State Road 1470).
Harley Creek...........................  Approximately 350 feet                  +759  Unincorporated Areas of
                                          upstream of the                               Forsyth County.
                                          confluence with Belews
                                          Creek.
                                         Approximately 1.9 mile                  +796
                                          upstream of the
                                          confluence with Belews
                                          Creek.

Harmon Mill Creek......................  Approximately 50 feet                   +882  Unincorporated Areas of
                                          downstream side of                            Forsyth County, Town of
                                          Masten Drive.                                 Kernersville.
                                         Approximately 0.4 mile                  +892
                                          upstream of Masten Drive.
Hartley Creek..........................  Approximately 350 feet                  +759  Unincorporated Areas of
                                          upstream of the                               Forsyth County.
                                          confluence with Belews
                                          Creek.
                                         Approximately 1.9 mile                  +796
                                          upstream of the
                                          confluence with Belews
                                          Creek.
Hauser Creek...........................  At the confluence with                  +705  Unincorporated Areas of
                                          Ellison Creek.                                Forsyth County.
                                         Approximately 0.9 mile                  +718
                                          upstream of the
                                          confluence with Ellison
                                          Creek.
Haw River..............................  At the upstream side of                 +860  Unincorporated Areas of
                                          Stigall Road.                                 Forsyth County.
                                         Approximately 0.8 mile                  +883
                                          upstream of Stigall Road.
Johnson Creek..........................  At the confluence with                  +698  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County, Village
                                                                                of Clemmons.
                                         Approximately 0.6 mile                  +768
                                          upstream of Middlebrook
                                          Drive.
Johnson Creek Tributary................  At the confluence with                  +698  Unincorporated Areas of
                                          Johnson Creek.                                Forsyth County, Village
                                                                                of Clemmons.
                                         Approximately 300 feet                  +727
                                          upstream of
                                          Carriagebrook Court.
Johnson Creek Tributary 2..............  At the confluence with                  +708  Village of Clemmons.
                                          Johnson Creek.
                                         Approximately 360 feet                  +779
                                          upstream of Doublegate
                                          Drive.
Kansas Branch..........................  At the confluence with                  +715  Unincorporated Areas of
                                          Old Field Creek.                              Forsyth County.
                                         Approximately 1.3 mile                  +890
                                          upstream of the
                                          confluence with Old
                                          Field Creek.
Kerners Mill Creek.....................  Approximately 700 feet                  +929  Town of Kernersville.
                                          downstream of Southern
                                          Street.
                                         Approximately 1,560 feet                +954
                                          upstream of Southern
                                          Street.
Kerners Mill Creek Tributary...........  Approximately 1,000 feet                +899  Town of Kernersville.
                                          upstream of the
                                          confluence with Kerners
                                          Mill Creek.
                                         Approximately 390 feet                  +958
                                          upstream of Deere-
                                          Hitachi Road.
Kings Creek............................  At the confluence with                  +737  Unincorporated Areas of
                                          East Belews Creek.                            Forsyth County.
                                         At the Forsyth/Guilford                 +737
                                          County boundary.
Leak Branch............................  Approximately 50 feet                   +703  Unincorporated Areas of
                                          downstream of the                             Forsyth County.
                                          Forsyth/Stokes County
                                          boundary.
                                         Approximately 1.7 miles                 +878
                                          upstream of the Forsyth/
                                          Stokes County boundary.
Left Fork Belews Creek.................  At the confluence with                  +750  Unincorporated Areas of
                                          Belews Creek.                                 Forsyth County.
                                         Approximately 1.2 miles                 +860
                                          upstream of Rail Fence
                                          Road (SR 2009).
Lick Creek.............................  Approximately 700 feet                  +647  Unincorporated Areas of
                                          upstream of the                               Forsyth County.
                                          confluence of Right
                                          Prong Lick Creek.
                                         At the confluence of Ader               +721
                                          Creek.
Lick Creek Tributary 1.................  At the Forsyth/Stokes                   +647  Unincorporated Areas of
                                          County boundary.                              Forsyth County.
                                         Approximately 1.4 miles                 +685
                                          upstream of the Forsyth/
                                          Stokes County boundary.
Lick Creek Tributary 2.................  At the confluence with                  +678  Unincorporated Areas of
                                          Lick Creek.                                   Forsyth County.
                                         Approximately 750 feet                  +687
                                          upstream of the
                                          confluence with Lick
                                          Creek.
Little Yadkin River....................  Approximately 0.8 mile                  +765  Unincorporated Areas of
                                          upstream of the                               Forsyth County.
                                          confluence with Yadkin
                                          River.
                                         Approximately 0.9 mile                  +786
                                          upstream of Spainhour
                                          Mill Road.
Little Yadkin River Tributary near       At the confluence with                  +775  Unincorporated Areas of
 Perch Road.                              Little Yadkin River.                          Forsyth County.
                                         Approximately 2,100 feet                +775
                                          upstream of the
                                          confluence with Little
                                          Yadkin River.
Little Yadkin River Tributary of         At the confluence with                  +775  Unincorporated Areas of
 Tributary near Perch Road.               Little Yadkin River                           Forsyth County.
                                          Tributary near Perch
                                          Road.
                                         Approximately 1,000 feet                +800
                                          upstream of the
                                          confluence with Little
                                          Yadkin River Tributary
                                          near Perch Road.

Lowery Mill Creek......................  Approximately 1,050 feet                +894  Unincorporated Areas of
                                          downstream of New                             Forsyth County.
                                          Walkertown Road/U.S.
                                          Highway 311.
                                         Approximately 330 feet                  +901
                                          downstream of New
                                          Walkertown Road/U.S.
                                          Highway 311.
Mary Reich Creek.......................  At the Forsyth/Davidson                 +811  Unincorporated Areas of
                                          County boundary.                              Forsyth County.
                                         Approximately 0.9 mile                  +835
                                          upstream of the Forsyth/
                                          Davidson County boundary.
Mill Creek (into Old Field Creek)......  At the confluence with                  +718  Unincorporated Areas of
                                          Old Field Creek.                              Forsyth County.
                                         Approximately 0.5 mile                  +731
                                          upstream of the
                                          confluence with Old
                                          Field Creek.
Mill Creek No. 3.......................  Approximately 0.9 mile                  +869  Unincorporated Areas of
                                          upstream of Bowens Road                       Forsyth County, Village
                                          (State Road 1625).                            of Tobaccoville.
                                         Approximately 840 feet                  +999
                                          upstream of Tobaccoville
                                          Road.
Mill Creek Tributary...................  Approximately 830 feet                  +824  City of Winston-Salem.
                                          upstream of East Hanes
                                          Mill Road.
                                         Approximately 1,190 feet                +830
                                          upstream of East Hanes
                                          Mill Road.
Mill Creek West........................  At the confluence with                  +730  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County, Town of
                                                                                Lewisville.
                                         Approximately 0.4 mile                  +822
                                          upstream of Wyntfield
                                          Drive.
Muddy Creek............................  At the downstream side of               +710  Unincorporated Areas of
                                          Interstate 40.                                Forsyth County, City of
                                                                                Winston-Salem, Village
                                                                                of Clemmons.
                                         Approximately 0.9 mile                  +718
                                          upstream of South Peace
                                          Haven Road (State Road
                                          1140).
Muddy Creek Tributary..................  Approximately 200 feet                  +758  City of Winston-Salem.
                                          upstream of Cedar Trails.
                                         Approximately 1,000 feet                +778
                                          upstream of Cedar Trails.
Muddy Creek Tributary 1A...............  Approximately 400 feet                  +748  City of Winston-Salem.
                                          upstream of the
                                          confluence with Muddy
                                          Creek Tributary.
                                         Approximately 0.4 mile                  +791
                                          upstream of the
                                          confluence with Muddy
                                          Creek Tributary.
Old Field Creek........................  Approximately 0.4 mile                  +653  Unincorporated Areas of
                                          downstream of Dennis                          Forsyth County.
                                          Road (SR 1943).
                                         Approximately 0.6 mile                  +757
                                          upstream of the
                                          confluence of Mill Creek
                                          (into Old Field Creek).
Old Richmond Creek.....................  At the confluence with                  +753  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.
                                         Approximately 2.7 miles                 +844
                                          upstream of Donnaha Road
                                          (State Road 1600).
Panther Creek..........................  At the confluence with                  +708  Unincorporated Areas of
                                          Double Creek.                                 Forsyth County.
                                         Approximately 0.8 mile                  +717
                                          upstream of Williams
                                          Road (State Road 1173).
Panther Creek Tributary 1..............  At the confluence with                  +708  Unincorporated Areas of
                                          Panther Creek.                                Forsyth County.
                                         Approximately 0.6 mile                  +723
                                          upstream of the
                                          confluence with Panther
                                          Creek.
Parkway Branch.........................  At the confluence with                  +742  City of Winston-Salem.
                                          Salem Creek.
                                         Approximately 1,580 feet                +826
                                          upstream of South Main
                                          Street.
Paynes Branch..........................  Approximately 50 feet                   +778  Unincorporated Areas of
                                          downstream of the                             Forsyth County.
                                          Forsyth/Stokes County
                                          boundary.
                                         Approximately 1.1 miles                 +890
                                          upstream of the Forsyth/
                                          Stokes County boundary.
Paynes Branch Tributary................  At the Forsyth/Stokes                   +863  Unincorporated Areas of
                                          County boundary.                              Forsyth County.
                                         Approximately 0.5 mile                  +898
                                          upstream of the Forsyth/
                                          Stokes County boundary.
Peters Creek...........................  Approximately 1,260 feet                +836  City of Winston-Salem.
                                          upstream of the
                                          confluence of North
                                          School Branch.
                                         Approximately 1,550 feet                +837
                                          upstream of the
                                          confluence of North
                                          School Branch.
Red Bank Creek.........................  At the Forsyth/Stokes                   +694  Unincorporated Areas of
                                          County boundary.                              Forsyth County.

                                         Approximately 3.9 miles                 +904
                                          upstream of the Forsyth/
                                          Stokes County boundary.
Reedy Fork.............................  At the Forsyth/Guilford                 +878  Unincorporated Areas of
                                          County boundary.                              Forsyth County, Town of
                                                                                Kernersville.
                                         Approximately 0.6 mile                  +892
                                          upstream of the Forsyth/
                                          Guilford County boundary.
Reedy Fork (Stream No. 51).............  At the Forsyth/Guilford                 +878  Unincorporated Areas of
                                          County boundary.                              Forsyth County, Town of
                                                                                Kernersville.
                                         Approximately 0.6 mile                  +892
                                          upstream of the Forsyth/
                                          Guilford County boundary.
Reynolds Creek.........................  Approximately 1,500 feet                +781  Town of Lewisville.
                                          upstream of Fairhaven
                                          Road.
                                         Approximately 0.8 mile                  +810
                                          upstream of Fairhaven
                                          Road.
Right Prong Lick Creek.................  At the confluence with                  +651  Unincorporated Areas of
                                          Lick Creek.                                   Forsyth County.
                                         Approximately 0.6 mile                  +681
                                          upstream of West Road
                                          (SR 1954).
Rough Fork.............................  Approximately 1,700 feet                +705  Unincorporated Areas of
                                          upstream of the                               Forsyth County.
                                          confluence with Buffalo
                                          Creek (into Town Fork
                                          Creek).
                                         Approximately 1.3 miles                 +736
                                          upstream of Germanton
                                          Road (SR 1725).
Salem Creek............................  Approximately 100 feet                  +727  Unincorporated Areas of
                                          downstream of Ebert Road.                     Forsyth County, City of
                                                                                Winston-Salem.
                                         Approximately 250 feet                  +746
                                          upstream of Silas Creek
                                          Parkway/NC Highway 67.
Silas Creek............................  Approximately 0.6 mile                  +889  City of Winston-Salem.
                                          upstream of Old Town
                                          Club Drive.
                                         Approximately 90 feet                   +896
                                          downstream of University
                                          Parkway.
South Fork Muddy Creek.................  Approximately 350 feet                  +877  Unincorporated Areas of
                                          downstream of High Point                      Forsyth County, City of
                                          Road.                                         Winston-Salem.
                                         Approximately 0.8 mile                  +935
                                          upstream of Temple
                                          School Road (State Road
                                          2685).
Spurgeon Creek.........................  At the Forsyth/Davidson                 +819  Unincorporated Areas of
                                          County boundary.                              Forsyth County.
                                         Approximately 0.9 mile                  +847
                                          upstream of the Davidson/
                                          Forsyth County boundary.
Terry Road Branch......................  Approximately 75 feet                   +883  City of Winston-Salem.
                                          downstream of Terry Road.
                                         Approximately 300 feet                  +917
                                          upstream of Salem
                                          Gardens Drive.
Tomahawk Branch........................  Approximately 300 feet                  +784  Unincorporated Areas of
                                          upstream of Twin Meadows                      Forsyth County, Town of
                                          Drive.                                        Lewisville.
                                         Approximately 300 feet                  +794
                                          downstream of Robinhood
                                          Road.
Town Fork Creek........................  Approximately 100 feet                  +687  Unincorporated Areas of
                                          downstream of the                             Forsyth County.
                                          Forsyth/Stokes County
                                          boundary.
                                         At the confluence of Leak               +703
                                          Branch.
Town Fork Creek Tributary 5............  At the confluence with                  +689  Unincorporated Areas of
                                          Town Fork Creek.                              Forsyth County.
                                         Approximately 1,000 feet                +705
                                          upstream of the
                                          confluence with Town
                                          Fork Creek.
Town Fork Creek Tributary 6............  At the confluence with                  +698  Unincorporated Areas of
                                          Town Fork Creek.                              Forsyth County.
                                         Approximately 0.6 mile                  +768
                                          upstream of Par Farm
                                          Road.
Yadkin River...........................  At the Forsyth/Davidson                 +691  Unincorporated Areas of
                                          County boundary.                              Forsyth County, Town of
                                                                                Lewisville, Village of
                                                                                Clemmons.
                                         Approximately 700 feet                  +758
                                          upstream of the Forsyth/
                                          Surry County boundary.
Yadkin River Tributary 4...............  At the confluence with                  +702  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County, Village
                                                                                of Clemmons.
                                         Approximately 0.9 mile                  +718
                                          upstream of the
                                          confluence with Yadkin
                                          River.
Yadkin River Tributary 5...............  At the confluence with                  +713  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.
                                         Approximately 740 feet                  +732
                                          upstream of Williams
                                          Road (State Road 1173).

Yadkin River Tributary 6...............  At the confluence with                  +723  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.
                                         Approximately 0.7 mile                  +727
                                          upstream of the
                                          confluence with Yadkin
                                          River.
Yadkin River Tributary 7...............  At the confluence with                  +724  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.
                                         Approximately 0.6 mile                  +734
                                          upstream of the
                                          confluence with Yadkin
                                          River.
Yadkin River Tributary 8...............  At the confluence with                  +727  Unincorporated Areas of
                                          Yadkin River.                                 Forsyth County.
                                         Approximately 1.0 mile                  +731
                                          upstream of the
                                          confluence with Yadkin
                                          River.
West Belews Creek......................  Approximately 0.8 mile                  +737  Unincorporated Areas of
                                          downstream of NC-69.                          Forsyth County.
                                         Approximately 1 mile                    +810
                                          upstream of Tyner Road
                                          (SR 2008).
West Belews Creek Tributary............  At the confluence with                  +767  Unincorporated Areas of
                                          West Belews Creek.                            Forsyth County.
                                         Approximately 1.2 miles                 +799
                                          upstream of the
                                          confluence with West
                                          Belews Creek.
West Fork Deep River...................  Approximately 0.7 mile                  +890  Unincorporated Areas of
                                          upstream of Interstate                        Forsyth County, Town of
                                          40.                                           Kernersville.
                                         Approximately 240 feet                  +903
                                          downstream of Industrial
                                          Park Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Winston-Salem

Maps are available for inspection at City of Winston-Salem Inspections Department, 100 East First Street, Suite
 328, Winston-Salem, North Carolina.

Town of Kernersville

Maps are available for inspection at Kernersville Town Hall, Planning Department, 134 East Mountain Street,
 Kernersville, North Carolina.

Town of Lewisville

Maps are available for inspection at Lewisville Town Hall, 6550 Shallowford Road, Lewisville, North Carolina.

                                     Unincorporated Areas of Forsyth County

Maps are available for inspection at Forsyth City/County Planning Board Office, 100 East First Street, Winston-
 Salem, North Carolina.

Village of Clemmons

Maps are available for inspection at Clemmons Village Hall, 3715 Clemmons Road, Clemmons, North Carolina.

Village of Tobaccoville

Maps are available for inspection at Tobaccoville Village Hall, 6936 Doral Drive, Tobaccoville, North Carolina.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 8, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E8-16546 Filed 7-18-08; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: February 6, 2009 (Volume 74, Number 24)]
[Notices]
[Page 6275]
[DOCID:fr06fe09-38]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12718-002]

Natural Currents Energy Services, LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

January 29, 2009.
    On November 6, 2008, and supplemented on December 15, 2008, Natural
Currents Energy Services, LLC filed an application, pursuant to section
4(f) of the Federal Power Act, proposing to study the feasibility of
the Wards Island Tidal Energy Project located in the East River, off
the south point of Wards Island in Hell's Gate in New York County, New
York. The project uses no dam or impoundment.
    The proposed project would consist of a hybrid generating station
using solar, wind, and tidal power generators. The preliminary permit
for this project will only deal the hydro portion of this project and
would consist of: (1) A bridge approximately 60 feet-long leading to,
(2) a barge-mounted power module equipped with, (3) four integrated 24
kilowatt vertical-axis helical turbines, for a total installed capacity
of the tidal component of 96 kilowatts, and (4) interconnection
transmission lines approximately 50 feet in length. The tidal component
of the project is estimated to have a minimum annual generation of
420.5 megawatt-hours per year. Power generated by this project would
contribute to the micro-loop utility grid to be developed on Wards
Island for servicing the power needs of the public recreation and park
facilities located there.
    Applicant Contact: Mr. Roger Bason, Natural Currents Energy
Services, LLC, 24 Roxanne Boulevard, Highland, New York 12561, phone:
(845) 691-4008.
    FERC Contact: Kelly T. Houff<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http: //www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
12718-002) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-2521 Filed 2-5-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Rules and Regulations]
[Pages 22360-22362]
[FR Doc No: 2018-09865]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0362; Product Identifier 2018-NM-020-AD; Amendment
39-19269; AD 2018-09-12]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-200B, 747-300, and 747-400 series
airplanes. This AD requires replacing certain low-pressure oxygen flex-
hoses with new non-conductive low-pressure oxygen flex-hoses in the
gaseous passenger oxygen system in airplanes equipped with therapeutic
oxygen. This AD also requires a general visual inspection of the low-
pressure passenger oxygen system to ensure there is minimum clearance
of the oxygen system components from adjacent structure and systems.
This AD was prompted by reports of low-pressure flex-hoses of the
flightcrew oxygen system that burned through due to inadvertent
electrical current from a short circuit. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective May 30, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 30,
2018.
    We must receive comments on this AD by June 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0362.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0362; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3570; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    This AD was prompted by reports of low-pressure oxygen flex-hoses
in the continuously pressurized flightcrew oxygen system that burned
through due to inadvertent electrical current from a short circuit.
Conductive oxygen hoses in the flight deck were addressed previously in
AD 2010-16-05, Amendment 39-16382 (75 FR 47208, August 5, 2010) (``AD
2010-16-05'').
    The gaseous passenger oxygen system equipped with therapeutic
oxygen is not continuously pressurized and must be activated by the
flightcrew. Exposure to electrical faults, such as unintended short
circuits, can result in localized electrical heating of the low-
pressure oxygen flex-hoses. This condition, if not corrected, could
result in electrical current passing through the low-pressure oxygen
flex-hoses, which can cause flex-hoses to melt or burn, and a
consequent oxygen-fed fire in the passenger cabin.

Other Relevant Rulemaking

    We issued AD 2010-16-05 for certain The Boeing Company Model 747
airplanes. AD 2010-16-05 was prompted by reports of low-pressure flex-
hoses of the flightcrew oxygen system that burned through due to
inadvertent electrical current from a short circuit in the audio select
panel. AD 2010-16-05 requires inspecting to verify the part number of
the low-pressure flex-hoses of the flightcrew oxygen system installed
under the oxygen mask stowage boxes in the flight deck, and replacing
the flex-hose with a new non-conductive low-pressure flex-hose if
necessary. We issued AD 2010-16-05 to prevent inadvertent electrical
current, which can cause the low-pressure flex-hoses of the flightcrew
oxygen system to melt or burn, causing oxygen system leakage and smoke
or fire.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 747-35-2134,
dated November 22, 2017. The service information describes procedures
for replacing certain low-pressure oxygen flex-hose assemblies with
non-conductive flex-hose assemblies at multiple locations and a general
visual inspection to ensure the oxygen system components have minimum
clearance from adjacent structure and systems. This service information
is reasonably available because the interested parties have access to
it through their normal course

of business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishment of the actions identified as ``RC''
(required for compliance) in the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 747-35-2134, dated November 22,
2017, described previously, except as discussed under ``Differences
Between this AD and the Service Information,'' and except for any
differences identified as exceptions in the regulatory text of this AD.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0362.

Differences Between This AD and the Service Information

    Where the Condition column of Table 3 in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 747-35-
2134, dated November 22, 2017, specifies ``all airplanes,'' for this
AD, the Condition column of Table 3 is ``airplanes on which one or more
hose assemblies were replaced or disconnected.'' As specified in step
3.B.12 of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 747-35-2134, dated November 22, 2017, the oxygen
system low-pressure leak test and applicable corrective actions are
only accomplished if one or more hose assemblies were replaced or
disconnected.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of this product.
Therefore, we find that notice and opportunity for prior public comment
are unnecessary and that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
0362 and Product Identifier 2018-NM-020-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this final rule.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, we provide the following cost estimates to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost              Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Inspection and Replacement.........  Up to 22 work-hours x   Up to $4,535..........  Up to $6,405.
                                      $85 per hour = $1,870.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-09-12 The Boeing Company: Amendment 39-19269; Docket No. FAA-
2018-0362; Product Identifier 2018-NM-020-AD.

(a) Effective Date

    This AD is effective May 30, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-200B, 747-300,
and 747-400 series airplanes, certificated in any category, as
identified in Boeing Special Attention Service Bulletin 747-35-2134,
dated November 22, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by reports of low-pressure flex-hoses of
the flightcrew oxygen system that burned through due to inadvertent
electrical current from a short circuit. We are issuing this AD to
prevent electrical current from passing through the low-pressure
oxygen flex-hoses in the gaseous passenger oxygen system, which can
cause the flex-hoses to melt or burn, and a consequent oxygen-fed
fire in the passenger cabin.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as required by paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Special Attention Service Bulletin 747-35-2134, dated
November 22, 2017, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-35-2134, dated November 22, 2017.

(h) Exception to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Special Attention Service Bulletin 747-35-
2134, dated November 22, 2017, uses the phrase ``the original issue
date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''
    (2) Where Boeing Special Attention Service Bulletin 747-35-2134,
dated November 22, 2017, specifies contacting Boeing, and specifies
that action as RC: This AD requires repair using a method approved
in accordance with the procedures specified in paragraph (j) of this
AD.
    (3) Where the Condition column of Table 3 in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 747-35-
2134, dated November 22, 2017, specifies ``all airplanes,'' for this
AD, the Condition column of Table 3 is ``airplanes on which one or
more hose assemblies were replaced or disconnected.''

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, the hose assembly part numbers identified as ``Removed
hose assembly part numbers'' in Table 3, ``Hose Assembly
Replacement,'' of Boeing Special Attention Service Bulletin 747-35-
2134, dated November 22, 2017, in the locations for hose assembly
installation as identified in Figures 1 through 14 of Boeing Special
Attention Service Bulletin 747-35-2134, dated November 22, 2017.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) Except as required by paragraph (h)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    For more information about this AD, contact Susan L. Monroe,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 747-35-2134, dated
November 22, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on April 27, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09865 Filed 5-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Rules and Regulations]
[Pages 11325-11327]
[FR Doc No: 2014-04336]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0474; FRL-9905-25-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Utah; Revisions to Utah Administrative Code and an Associated Plan
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving State Implementation Plan (SIP)
revisions submitted by the State of Utah on September 20, 1999. The
September 20, 1999 submittal revised the numbering and format of the
Utah Administrative Code (UAC) rules within Utah's SIP. In this action,
EPA is acting on those rules from the September 20, 1999 submittal that
still require EPA action. Specifically, EPA is approving R307-110-16,
``Section IX, Control Measures for Area and Point Sources, Part G,
Fluoride,'' and disapproving R307-110-29, ``Section XXI, Diesel
Inspection and Maintenance Program.'' In conjunction with our
disapproval of R307-110-29, we are also disapproving the Utah Diesel
Inspection and Maintenance Program, which Utah submitted as a revision
to the SIP on February 6, 1996, and which was incorporated by reference
in R307-110-29 as part of the September 20, 1999 submittal. This action
is being taken under section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective March 31, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2013-0474. All documents in the docket are listed in
the www.regulations.gov index. Although listed in the index, some
information may not be publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. What action is EPA finalizing and why?
III. Statutory and Executive Orders Review

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials PM10 mean or refer to particulate
matter with an aerodynamic diameter of less than or equal to 10
micrometers (coarse particulate matter).
    (iv) The initials PM2.5 mean or refer to particulate
matter with an aerodynamic diameter of less than or equal to 2.5
micrometers (fine particulate matter).
    (v) The initials SIP mean or refer to State Implementation Plan.
    (vi) The words State or Utah mean the State of Utah, unless the
context indicates otherwise.
    (vii) The initials UAC mean or refer to the Utah Administrative
Code.

I. Background

    Utah's September 20, 1999 submittal revised the numbering and
format of the UAC rules within Utah's SIP. The purpose was to provide
for a more consistent numbering system and a coherent structure
allowing provisions to be located more easily within Utah's rules.
    On February 14, 2006 (71 FR 7679), we approved many of the re-
numbered rules from the September 20, 1999 submittal, but we deferred
action on others or explained why no action on the rules was
necessary.\1\ In subsequent rulemaking actions, we acted on other rules
from the September 20, 1999 submittal, or on later versions of the
rules that superseded the version submitted on September 20, 1999.
---------------------------------------------------------------------------

    \1\ On April 18, 2007 (74 FR 19383), EPA issued a correction
notice that corrected certain aspects of the regulatory text in
EPA's February 14, 2006 action.
---------------------------------------------------------------------------

    On August 14, 2013, we proposed to act on those rules from the
September 20, 1999 submittal that still required EPA action. See 78 FR
49400. Specifically, we proposed to approve R307-110-16, ``Section IX,
Control Measures for Area and Point Sources, Part G, Fluoride,'' and we
proposed to disapprove R307-110-29, ``Section XXI, Diesel Inspection
and Maintenance Program.'' In conjunction with our proposed disapproval
of R307-110-29, we also proposed to disapprove the Utah Diesel
Inspection and Maintenance Program (Section XXI of the Utah SIP), which
Utah submitted to EPA as a SIP revision on February 6, 1996 and which
R307-110-29 of the September 20, 1999 submittal incorporated by
reference.

    Our August 14, 2013 notice of proposed rulemaking invited comment
on our proposal and provided a 30-day comment period. The comment
period ended on September 13, 2013. We received no comments.
Accordingly, we are finalizing our actions as proposed.
    In the docket for this final rule we have included a table that
lists the rules from the September 20, 1999 submittal that are not
addressed by today's action and explains why no action on such rules is
required.

II. What action is EPA finalizing and why?

A. R307-110-16, ``Section IX, Control Measures for Area and Point
Sources, Part G, Fluoride''

    We are approving the renumbering of R307-110-16, ``Section IX,
Control Measures for Area and Point Sources, Part G, Fluoride.'' This
provision incorporates by reference Utah SIP Section IX, Part G, as
amended by the Utah Air Quality Board on December 18, 1992, into the
UAC.
    In our October 13, 2005 proposed rule on Utah's September 20, 1999
submittal (70 FR 59681), we did not propose to act on the renumbering
of R307-110-16. As our reason, we stated: ``Utah repealed this rule
from the federally approved SIP in their June 17, 1998 SIP submittal
that EPA approved on May 20, 2002 (67 FR 35442).'' (70 FR 59687) That
statement was incorrect. The May 20, 2002 action did not remove R307-
110-16 (under its previous numbering) or associated Utah SIP section
IX, Part G from the SIP. Instead, that action removed R307-1-4.11,
``Regulation for the Control of Fluorides from Existing Plants'' from
the SIP, in part based on the dismantling of the only facility to which
the provision applied. In fact, on June 25, 2003 (68 FR 37744), we
approved the renumbering of Utah SIP Section IX, Part G, and this
section remains in the SIP. However, we have not acted on the
corresponding renumbering of R307-110-16 in the September 20, 1999
submittal. As R307-110-16 merely incorporates by reference SIP Section
IX, Part G, which itself is currently in the SIP, we are approving the
renumbering of R307-110-16.

B. R307-110-29, ``Section XXI, Diesel Inspection and Maintenance
Program''

    We are disapproving R307-110-29, ``Section XXI, Diesel Inspection
and Maintenance Program.'' R307-110-29 incorporated by reference the
Utah Diesel Inspection and Maintenance Program (Section XXI of the
SIP), as adopted by the Utah Air Quality Board on July 12, 1995 (and
submitted to EPA on February 6, 1996), which we have not acted on
previously. In our October 13, 2005 notice of proposed rulemaking (70
FR 59681), we stated that we would not act to approve R307-110-29
because the rule incorporated by reference Utah's February 6, 1996 SIP
submittal. We noted that we would address the February 6, 1996 SIP
submittal at a later date (70 FR 59687). We restated our intentions in
our final rule of February 14, 2006 (71 FR 7679) in which we noted that
we would act on R307-110-29 when we acted on Utah's February 6, 1996
SIP submittal (71 FR 7681). With this final rule, we are disapproving
the State's February 6, 1996 submittal of its Diesel Inspection and
Maintenance Program (see section II.C. below). Therefore, EPA is also
disapproving R307-110-29 because it incorporates by reference the
State's Diesel Inspection and Maintenance Program that we are
disapproving.

C. Utah SIP Revision: Section XXI, ``Diesel Inspection and Maintenance
Program.''

    We are disapproving Utah's Diesel Inspection and Maintenance (I/M)
Program contained in Section XXI of the Utah SIP, which Utah submitted
on February 6, 1996 (hereafter, the ``I/M Program''). The Program
requires the inspection of diesel-powered vehicles by means of an
emissions opacity test. The opacity of vehicle emissions is measured,
using what is known as a snap-idle opacity test, to determine the need
for vehicle repair and maintenance. Utah adopted the Program with the
goal of reducing particulate emissions from diesel vehicles in the
PM10 \2\ nonattainment areas along the Wasatch Front--
namely, Davis, Salt Lake, and Utah Counties.
---------------------------------------------------------------------------

    \2\ Particulate matter with an aerodynamic diameter less than or
equal to 10 microns (PM10).
---------------------------------------------------------------------------

    Our disapproval is based on several issues. First, relevant
literature and studies indicate that there is not an accepted
correlation between opacity and particulate matter mass emissions in
diesel vehicles. Given this lack of correlation between opacity and PM
mass emissions, it is unlikely that the snap-opacity test is a good
predictor of PM emissions, and the State has not provided data to
support a different conclusion. Second, the Governor's February 6, 1996
submittal of the Program did not specify a number of critical
parameters, such as the relevant opacity limits or specifications for
test equipment. While many of the missing parameters were included in
revisions to Davis, Salt Lake, and Utah Counties' inspection and
maintenance ordinances that the Utah Division of Air Quality forwarded
to us on April 12, 2006, the State did not amend Section XXI of the SIP
to include the revised ordinances, and the Governor did not submit such
an amendment to us to replace the version submitted on February 6,
1996. Therefore, the Program as submitted is not enforceable as a
practical matter. Finally, relevant literature and studies suggest that
adjusting diesel vehicles to reduce the opacity of emissions may result
in an increase in emissions of nitrogen oxides (NOX), which
are precursors to the formation of PM2.5,\3\
PM10, and ground level ozone. It is possible, therefore,
that repairing vehicles to meet the opacity test could exacerbate PM
emissions in Utah, and the State has not provided data to contradict
this possibility. We note that on November 13, 2009, Davis, Salt Lake,
and Utah Counties were designated nonattainment for the 2006 24-hour
PM2.5 NAAQS (74 FR 58688). Also, both Salt Lake and Utah
Counties retain their original legal designation of nonattainment for
PM10.
---------------------------------------------------------------------------

    \3\ Particulate matter with an aerodynamic diameter less than or
equal to 2.5 microns (PM2.5).
---------------------------------------------------------------------------

    We are unable to conclude that approval of the I/M Program would
strengthen the SIP or would be consistent with the requirements of CAA
section 110(l). Section 110(1) states that a SIP revision cannot be
federally-approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. The potential increase in NOX emissions from the I/
M Program could interfere with attainment or reasonable further
progress towards attainment of the PM2.5 NAAQS in the
relevant counties. We have no conclusive data to show that the
potential benefits of the I/M Program outweigh the potential emission
increases with respect to pollutants of concern. Furthermore, the State
has not provided data that would support the benefits it ascribes to
the I/M Program. Instead, it references a 1988 study that attempts to
indirectly infer a level of emission reductions resulting from fixing a
statistically insignificant number of old-technology diesel vehicles to
reduce exhaust opacity, but without conducting the type of before-and-
after-repair mass-emission transient testing on the contemporary fleet
of diesel vehicles needed to actually quantify any potential impacts on
emissions.
    For the foregoing reasons, we are disapproving Section XXI of the
SIP,

``Diesel Inspection and Maintenance Program,'' as submitted by the
State on February 6, 1996.

III. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law that meets federal
requirements and disapproves state law that does not meet federal
requirements; this action does not impose additional requirements
beyond those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 29, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, and Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 19, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart TT--Utah

0
2. Amend Sec.  52.2320 by adding paragraph (c)(77) to read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (77) On February 6, 1996, Utah submitted as a revision to its State
Implementation Plan (SIP) a ``Diesel Inspection and Maintenance
Program,'' Section XXI of the Utah SIP. EPA is disapproving the Utah
Diesel Inspection and Maintenance Program as submitted on February 6,
1996. On September 20, 1999 the State of Utah submitted revisions to
its SIP that revised the numbering and format of the Utah
Administrative Code rules within Utah's SIP. From the September 20,
1999 submittal, EPA is approving R307-110-16, ``Section IX, Control
Measures for Area and Point Sources, Part G, Fluoride,'' and
disapproving R307-110-29, ``Section XXI, Diesel Inspection and
Maintenance Program,'' which incorporated Utah's Diesel Inspection and
Maintenance Program by reference into Utah's rules. EPA has previously
acted on other provisions from the September 20, 1999 submittal.
    (i) Incorporation by reference.
    (A) Title R307 of the Utah Administrative Code, Environmental
Quality, Air Quality, R307-110, General Requirements: State
Implementation Plan, R307-110-16, Section IX, Control Measures for Area
and Point Sources, Part G, Fluoride; effective September 15, 1998; as
published in the Utah State Bulletin on June 1, 1998 and October 1,
1998.
* * * * *
[FR Doc. 2014-04336 Filed 2-27-14; 8:45 am]
BILLING CODE 6560-50-P