[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Proposed Rules]
[Page 46056-46068]
[DOCID:fr08se09-28]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1061]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents, and others to calculate
appropriate flood insurance

premium rates for new buildings and the contents in those buildings.

DATES: Comments are to be submitted on or before December 7, 2009.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community are available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1061, to
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own, or pursuant to policies established
by other Federal, State, or regional entities. These proposed
elevations are used to meet the floodplain management requirements of
the NFIP and are also used to calculate the appropriate flood insurance
premium rates for new buildings built after these elevations are made
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    * Elevation in feet
                                                                  (NGVD)  + Elevation in
                                                                  feet  (NAVD)
                                       Location of referenced       Depth in feet above
         Flooding source(s)                  elevation**         ground [caret] Elevation   Communities affected
                                                                      in meters (MSL)
                                                                --------------------------
                                                                  Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Mason County, Illinois, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Illinois River.....................  Approximately 0.2 miles            +451         +452  Unincorporated Areas
                                      upstream of 750 N.                                    of Mason County.
                                      extended.
                                     Approximately 0.74 miles           +450         +452
                                      upstream of Walnut Street
                                      extended.
                                     Approximately 0.12 miles           +455         +454
                                      upstream of 2500 N.
                                      extended.
                                     Approximately 0.1 miles            +455         +454
                                      upstream of 2600 N.
Sangamon River.....................  Approximately 0.15 miles           None         +456  Unincorporated Areas
                                      upstream of County Road                               of Mason County.
                                      800 E.
                                     Approximately 0.3 miles            None         +461
                                      upstream of State Highway
                                      78.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                      Unincorporated Areas of Mason County
Maps are available for inspection at the Mason County Courthouse, Zoning Office, 125 North Plum Street, Havana,
 IL 62644.
----------------------------------------------------------------------------------------------------------------
                                  Saline County, Kansas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
East Dry Creek Tributary...........  Approximately 0.7 mile             None        +1203  City of Salina,
                                      downstream of Missouri                                Unincorporated Areas
                                      Pacific Railroad.                                     of Saline County.
                                     Approximately 0.9 mile             None        +1264
                                      upstream of Holmes Road.
Old Smokey Hill River Channel......  Approximately 1.5 miles            None        +1207  Unincorporated Areas
                                      downstream of Indiana                                 of Saline County,
                                      Avenue, at the levee.                                 City of Salina.
                                     Approximately 0.5 mile             None       +1225.
                                      upstream of Ohio Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

City of Salina
Maps are available for inspection at 300 West Ash Street, Salina, KS 67402.

                                      Unincorporated Areas of Saline County
Maps are available for inspection at 300 West Ash Street, Salina, KS 67402.
----------------------------------------------------------------------------------------------------------------
                               Montgomery County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hinkston Creek.....................  Approximately 500 feet             None         +911  Unincorporated Areas
                                      upstream of Hinkston Pike                             of Montgomery
                                      (KY 1991).                                            County, City of Mt.
                                                                                Sterling.
                                     Approximately 100 feet             None         +962
                                      downstream of Calk Lane.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

City of Mt. Sterling
Maps are available for inspection at 33 North Maysville Street, Mount Sterling, KY 40353.

                                    Unincorporated Areas of Montgomery County
Maps are available for inspection at 1 Court Street, Mount Sterling, KY 40353.
----------------------------------------------------------------------------------------------------------------
                                 Essex County, Massachusetts (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean.....................  Along the shoreline,                +13          +18  City of Newburyport.
                                      approximately 350 feet
                                      east of the end of 55th
                                      Street.
                                     Along the shoreline,                +10          +22
                                      approximately 575 feet
                                      north of the intersection
                                      of Northern Boulevard and
                                      82nd Street.

Atlantic Ocean.....................  Along the shoreline,                 +9          +16  Town of Newbury, City
                                      approximately 850 feet                                of Gloucester, Town
                                      east of the intersection                              of Ipswich, Town of
                                      of Page Road and Phillips                             Manchester, Town of
                                      Street.                                               Marblehead, Town of
                                                                                Nahant, Town of
                                                                                Rowley, Town of
                                                                                Swampscott.
                                     Along the shoreline,                 +1          +17
                                      approximately 3,000 feet
                                      south of the intersection
                                      of Lynnway and Nahant
                                      Road.
Atlantic Ocean.....................  Along the shoreline,                +11          +12  Town of Salisbury.
                                      approximately 150 feet
                                      south of State Beach Road.
                                     Along the shoreline,               None          +20
                                      approximately 60 feet
                                      east of the intersection
                                      of Liberty Street and
                                      North End Boulevard.
Ipswich River......................  Approximately 150 feet             None          +38  City of Beverly.
                                      northeast of the Eastern
                                      end of Sargent Street.
                                     Approximately 1,000 feet           None          +38
                                      north of the intersection
                                      of Dodge Street and
                                      Norwoods Pond Road.
Long Causeway Brook................  Approximately 800 feet             None          +21  Town of Ipswich.
                                      north of the intersection
                                      of Route 1A and North
                                      Edge Road.
                                     Approximately 4,500 feet           None          +21
                                      southwest of the
                                      intersection of Route 1A
                                      and North Edge Road.
Shawsheen River....................  Approximately 900 feet              +34          +36  Town of Andover, City
                                      east of the intersection                              of Lawrence, Town of
                                      of Highway 495 and Route                              North Andover.
                                      28.
                                     Approximately 2,500 feet            +75          +77
                                      southwest of Burtt Road
                                      and Biotechnology Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

City of Beverly
Maps are available for inspection at City Hall, 191 Cabot Street, Beverly, MA 01915.

City of Gloucester
Maps are available for inspection at City Hall, 9 Dale Avenue, Gloucester, MA 01930.

City of Lawrence
Maps are available for inspection at City Hall, 200 Common Street, Lawrence, MA 01840.

City of Newburyport
Maps are available for inspection at City Hall, 60 Pleasant Street, Newburyport, MA 01950.

Town of Andover
Maps are available for inspection at the Town Offices, 36 Bartlet Street, Andover, MA 01810.

Town of Ipswich
Maps are available for inspection at the Town Hall, 25 Green Street, Ipswich, MA 01938.

Town of Manchester
Maps are available for inspection at the Town Hall, 10 Central Street, Manchester-by-the-Sea, MA 01944.

Town of Marblehead
Maps are available for inspection at Abbot Hall, 188 Washington Street, Marblehead, MA 01945.

Town of Nahant
Maps are available for inspection at the Town Hall, 334 Nahant Road, Nahant, MA 01908.

Town of Newbury
Maps are available for inspection at the Town Hall, 25 High Road, Newbury, MA 01951.

Town of North Andover
Maps are available for inspection at the Town Hall, 120 Main Street, North Andover, MA 01845.

Town of Rowley
Maps are available for inspection at the Town Hall, 139 Main Street, Rowley, MA 01969.

Town of Salisbury
Maps are available for inspection at the Town Hall, 5 Beach Road, Salisbury, MA 01952.

Town of Swampscott
Maps are available for inspection at the Town Hall, 22 Monument Avenue, Swampscott, MA 01907.
----------------------------------------------------------------------------------------------------------------
                                 Eaton County, Michigan, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Carrier Creek......................  At the confluence with             +841         +837  Charter Township of
                                      Moon and Hamilton County                              Delta.
                                      Drain.
                                     Approximately 550 feet             None         +867
                                      upstream of Grand Trunk
                                      Western Railroad.
Grand River........................  Approximately 5,490 feet           None         +875  Township of Hamlin.
                                      upstream of the
                                      divergence of Grand River
                                      Bypass.
                                     Approximately 5,850 feet           None         +875
                                      upstream of the
                                      divergence of Grand River
                                      Bypass.
Miller Creek.......................  Approximately 50 feet              +807         +808  Charter Township of
                                      upstream of Willow                                    Delta.
                                      Highway.
                                     Approximately 700 feet             +850         +851
                                      upstream of Ireland Drive.
Miller Creek Overflow Channel......  Approximately 800 feet             +823         +822  Charter Township of
                                      upstream of the                                       Delta.
                                      convergence with Miller
                                      Creek.
                                     Approximately 1,760 feet           +825         +828
                                      upstream of the
                                      convergence with Miller
                                      Creek.
Moon and Hamilton County Drain.....  Approximately 1,900 feet           +813         +812  Charter Township of
                                      upstream of Willow                                    Delta.
                                      Highway.
                                     Approximately 4,200 feet           +872         +869
                                      upstream of Millett
                                      Highway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

Charter Township of Delta
Maps are available for inspection at 7710 West Saginaw Highway, Delta, MI 48917.

Township of Hamlin
Maps are available for inspection at 6463 South Clinton Trail, Eaton Rapids, MI 68827.
----------------------------------------------------------------------------------------------------------------
                                Buffalo County, Nebraska, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Airport Draw.......................  At the confluence with             None        +2119  Unincorporated Areas
                                      Wood River.                                           of Buffalo County,
                                                                                City of Kearney.
                                     Just downstream of East            None        +2179
                                      56th Street
Glenwood Park Creek................  At the confluence with             None        +2140  Unincorporated Areas
                                      Wood River.                                           of Buffalo County,
                                                                                City of Kearney.
                                     Just downstream of West            None        +2229
                                      39th Street
Kearney Canal......................  Approximately 1.0 mile             None        +2220  City of Kearney.
                                      above Cottonmill Avenue.
North Channel Platte River (eastern  Approximately 0.9 miles            None        +2114  City of Kearney.
 portion of stream, eastern side of   downstream of County
 City of Kearney).                    Highway 36 (Cherry
                                      Avenue).
                                     Approximately 200 feet             None        +2118
                                      downstream of County
                                      Highway 36 (Cherry
                                      Avenue).
North Channel Platte River (western  Approximately 0.5 miles            None        +2165  City of Kearney.
 portion of stream, west of City of   downstream of 62nd Avenue.
 Kearney).
                                     Just downstream of 62nd            None        +2169
                                      Avenue.
Platte River (eastern portion of     Approximately 2.9 miles            None        +2122  City of Kearney.
 stream, southeast of the City of     downstream of State
 Kearney).                            Highway 44.

                                     Approximately 2.1 miles            None        +2128
                                      downstream of State
                                      Highway 44.
Platte River (western portion of     Approximately 2.1 miles            None        +2157  Unincorporated Areas
 stream, southwest of the City of     upstream of State Highway                             of Buffalo County,
 Kearney).                            44.                                                   City of Kearney.
                                     Approximately 3.3 miles            None        +2165
                                      upstream of State Highway
                                      44.
Shallow flooding from North Dry      Approximately 0.6 miles            None        +2155  City of Kearney.
 Creek Ditch.                         upstream of confluence
                                      with Platte River.
                                     Approximately 1.2 miles            None        +2156
                                      upstream of confluence
                                      with Platte River.
Wood River.........................  Approximately 2.0 miles            None        +2113  Unincorporated Areas
                                      downstream of Imperial                                of Buffalo County.
                                      Avenue.
                                     Approximately 0.4 miles           +2147        +2146
                                      upstream of Highway 10.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

City of Kearney
Maps are available for inspection at 18 East 22nd Street, Kearney, NE 68847.

                                     Unincorporated Areas of Buffalo County
Maps are available for inspection at 9730 Antelope Avenue, Kearney, NE 68847.
----------------------------------------------------------------------------------------------------------------
                              Roosevelt County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
17th and 18th Street Shallow         Flooding effects extending         None        +4001  Unincorporated Areas
 Flooding.                            southward approximately                               of Roosevelt County.
                                      2,250 feet from E 18th
                                      street.
                                     Flooding effects extending         None        +4003
                                      southward approximately
                                      2,250 feet from E 18th
                                      street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                    Unincorporated Areas of Roosevelt County
Maps are available for inspection at 109 West 1st Street, Portales, NM 88130.
----------------------------------------------------------------------------------------------------------------
                               Brown County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
James River........................  Approximately 3.8 miles            None        +1275  Unincorporated Areas
                                      downstream of 147th                                   of Brown County.
                                      Street.
                                     Approximately 6,260 feet           None        +1296
                                      upstream of 101st Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                      Unincorporated Areas of Brown County
Maps are available for inspection at 25 Market Street, Aberdeen, SD 57401.
----------------------------------------------------------------------------------------------------------------
                               Cheatham County, Tennessee, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Big Bartons Creek..................  Approximately 3.8 miles            None         +397  Unincorporated Areas
                                      upstream of the                                       of Cheatham County.
                                      confluence with
                                      Cumberland River.
                                     Approximately 1.1 miles            None         +397
                                      upstream of the
                                      confluence with
                                      Cumberland River.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                     Unincorporated Areas of Cheatham County
Maps are available for inspection at the Building Commissioner's Office, 210 South Main Street, Ashland City, TN
 37015.
----------------------------------------------------------------------------------------------------------------
                                  Burnet County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Colorado River.....................  Approximately 0.88 miles           +160         +163  Unincorporated Areas
                                      upstream of confluence                                of Burnet County.
                                      with Wolf Hollow Creek.
                                     At the confluence of               +770         +768
                                      Varnhagan Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                      Unincorporated Areas of Burnet County
Maps are available for inspection at 220 South Pierce Street, Burnet, TX 78611.
----------------------------------------------------------------------------------------------------------------
                                  Karnes County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Escondido Creek....................  Approximately 700 feet             +259         +258  Unincorporated Areas
                                      downstream of confluence                              of Karnes County.
                                      with Nichols Creek.
                                     Approximately 450 feet             None         +274
                                      upstream of confluence
                                      with Panther Creek.
Marcelinas Creek...................  Approximately 730 feet             None         +300  Unincorporated Areas
                                      upstream of confluence                                of Karnes County.
                                      with Tributary 1 to
                                      Marcelinas Creek
                                      Watershed.
                                     Approximately 830 feet             None         +307
                                      upstream of confluence
                                      with Tributary 8 to
                                      Marcelinas Creek
                                      Watershed.
Ojo de Agua Creek..................  Approximately 1,050 feet           None         +262  Unincorporated Areas
                                      downstream of Farm to                                 of Karnes County.
                                      Market 81.
                                     Approximately 860 feet             None         +287
                                      upstream of confluence
                                      with Tributary 9 to Ojo
                                      de Agua Watershed.
San Antonio River..................  Approximately 460 feet             None         +300  Unincorporated Areas
                                      downstream of confluence                              of Karnes County.
                                      with Marcelinas Creek.
                                     Approximately 1,440 feet           None         +304
                                      downstream of confluence
                                      with Tributary 199 to
                                      Lower San Antonio River
                                      Watershed.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                      Unincorporated Areas of Karnes County
Maps are available for inspection at the Karnes County Courthouse, 101 North Panna Maria, Karnes City, TX 78118.
----------------------------------------------------------------------------------------------------------------

                                  Kendall County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cibolo Creek.......................  Approximately 2 miles              None        +1301  Unincorporated Areas
                                      upstream of the                                       of Kendall County.
                                      confluence with Balcones
                                      Creek.
                                     Approximately 2.6 miles            None        +1309
                                      upstream of the
                                      confluence with Balcones
                                      Creek.
Guadalupe River....................  Just upstream of County            None        +1122  Unincorporated Areas
                                      Highway FM 3351.                                      of Kendall County.
                                     Approximately 1,750 feet           None        +1164
                                      upstream of Gourly Road.
Ranger Creek.......................  Approximatelty 2.5 miles           None        +1552  Unincorporated Areas
                                      upstream of the                                       of Kendall County.
                                      confluence with Cibolo
                                      Creek.
                                     Approximatelty 4.2 miles           None        +1655
                                      upstream of the
                                      confluence with Cibolo
                                      Creek.
Spring Creek.......................  At the confluence with             None        +1150  Unincorporated Areas
                                      Guadalupe River.                                      of Kendall County.
                                     Approximately 0.6 miles            None        +1176
                                      downstream of the
                                      confluence with Black
                                      Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                     Unincorporated Areas of Kendall County
Maps are available for inspection at 201 East San Antonio Drive, Suite 122, Boerne, TX 78006.
----------------------------------------------------------------------------------------------------------------

                                  Walker County, Texas, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Baldwin Creek......................  Approximately 2.7 miles            None         +244  Unincorporated Areas
                                      downstream of County                                  of Walker County.
                                      Highway FM 247.
                                     Approximately 1.6 miles            None         +261
                                      downstream of County
                                      Highway FM 247.
Caney Creek........................  Approximately 0.6 miles            None         +354  Unincorporated Areas
                                      upstream of County                                    of Walker County.
                                      Highway FM 2296.
                                     Approximately 0.6 miles            None         +374
                                      downstream of Evelyn Lane.
Crabb Creek........................  Approximately 475 feet             None         +257  Unincorporated Areas
                                      upstream of North Rocky                               of Walker County.
                                      Creek.
                                     Approximately 500 feet             None         +287
                                      upstream of Interstate
                                      Highway North US Highway
                                      190.
East Fork (Tanyard Branch).........  Approximately 0.5 miles            None         +291  Unincorporated Areas
                                      upstream of confluence                                of Walker County.
                                      with Tanyard Branch.
                                     Approximately 0.9 miles            None         +298
                                      upstream of confluence
                                      with Tanyard Branch.
Hadley Creek.......................  Just downstream of                 None         +250  Unincorporated Areas
                                      Rosenwall Road.                                       of Walker County.
                                     Just upstream of the               None         +285
                                      confluence with North
                                      Rocky Creek.

Hendricks Lake.....................  At the confluence with             None         +273  Unincorporated Areas
                                      Town Branch.                                          of Walker County.
                                     Approximately 700 feet             None         +284
                                      downstream of County
                                      Highway FM 2821.
Mays Creek.........................  Approximately 0.4 miles            None         +320  Unincorporated Areas
                                      upstream of County                                    of Walker County.
                                      Highway FM 2929.
                                     Approximately 2.5 miles            None         +355
                                      upstream of County
                                      Highway FM 2929.
McDonald Creek.....................  Approximately 0.4 miles            None         +293  Unincorporated Areas
                                      upstream of West Sunset                               of Walker County.
                                      Drive.
                                     Just downstream of Spring          None         +357
                                      Drive.
McGary Creek.......................  Approximately 1.8 miles            None         +279  Unincorporated Areas
                                      downstream of the                                     of Walker County.
                                      confluence with Tributary
                                      6 (McGary Creek).
                                     Approximately 1,750 feet           None         +289
                                      downstream of the
                                      confluence with Tributary
                                      6 (McGary Creek).
                                     Approximately 0.8 miles            None         +318
                                      downstream of Timberwilde
                                      Drive.
                                     Approximately 0.9 miles            None         +351
                                      upstream of Timberwilde
                                      Drive.
Parker Creek.......................  Approximately 0.6 miles            None         +212  Unincorporated Areas
                                      upstream from Tributary                               of Walker County.
                                      Number 8 (Parker Creek).
                                     At the confluence with             None         +260
                                      Town Branch.
Prairie Branch.....................  At the confluence with             None         +287  Unincorporated Areas
                                      Raven Lake.                                           of Walker County.
                                     Just downstream of                 None         +307
                                      Camellia Drive.
Robinson Creek.....................  Approximately 1,250 feet           None         +283  Unincorporated Areas
                                      upstream of Robinson Road.                            of Walker County.
                                     Approximately 0.6 miles            None         +333
                                      downstream of Veterans
                                      Memorial Highway.
Scott Branch.......................  At the confluence with             None         +256  Unincorporated Areas
                                      Thickett Branch.                                      of Walker County.
                                     Approximately 1,250 feet           None         +261
                                      upstream of the
                                      confluence with Thickett
                                      Branch.
Shepherd Creek.....................  Approximately 0.71 miles           None         +317  Unincorporated Areas
                                      upstream of County                                    of Walker County.
                                      Highway FM 2296.
                                     Approximately 1.5 miles            None         +381
                                      upstream of the
                                      confluence with Tributary
                                      3.
Tanyard Branch.....................  Approximately 500 feet             None         +224  Unincorporated Areas
                                      downstream of the                                     of Walker County.
                                      confluence with Tributary
                                      Number 2 (Tanyard Branch).
                                     Approximately 0.5 miles            None         +363
                                      upstream of US Highway
                                      190.
Thickett Branch....................  Approximately 500 feet             None         +256  Unincorporated Areas
                                      downstream of the                                     of Walker County.
                                      confluence with Scott
                                      Branch.
                                     Approximately 800 feet             None         +260
                                      upstream of the
                                      confluence with Scott
                                      Branch.
Town Branch........................  At the confluence with             None         +260  Unincorporated Areas
                                      Parker Creek.                                         of Walker County.
                                     Approximately 1,200 feet           None         +277
                                      upstream of the
                                      confluence with Hendricks
                                      Lake.
Tributary 1 (Robinson Creek).......  At the confluence with             None         +294  Unincorporated Areas
                                      Robinson Creek.                                       of Walker County.
                                     Approximately 400 feet             None         +329
                                      downstream of Gazebo
                                      Street.
Tributary 2 (Tanyard Branch).......  At the confluence with             None         +224  Unincorporated Areas
                                      Tanyard Branch.                                       of Walker County.
                                     Approximately 1,200 feet           None         +253
                                      upstream of Robinson Road.
Tributary 5 (McGary Creek).........  Approximately 1,250 feet           None         +323  Unincorporated Areas
                                      upstream of the                                       of Walker County.
                                      confluence with McGary
                                      Creek.
                                     Just downstream of                 None         +329
                                      Timberwilde Drive.
Tributary 6 (McGary Creek).........  Approximately 0.9 miles            None         +301  Unincorporated Areas
                                      upstream of the                                       of Walker County.
                                      confluence with McGary
                                      Creek.
                                     Approximately 2.17 miles           None         +319
                                      upstream of the
                                      confluence with McGary
                                      Creek.
Tributary 9 (Sheperd Creek)........  At the confluence with             None         +332  Unincorporated Areas
                                      Sheperd Creek.                                        of Walker County.
                                     Approximately 900 feet             None         +347
                                      downstream of Four Notch
                                      Road.
Tributary Number 7 (Hadley Creek)..  Approximately 1,200 feet           None         +256  Unincorporated Areas
                                      downstream of Cauthen                                 of Walker County.
                                      Drive.

                                     Approximately 1.3 miles            None         +275
                                      upstream of Cauthen Drive.
Tributary Number 8 (Parker Creek)..  Approximately 0.9 miles            None         +218  Unincorporated Areas
                                      upstream of the                                       of Walker County.
                                      confluence with Pain
                                      Branch.
                                     Approximately 0.9 miles            None         +231
                                      downstream of Albritton
                                      Road.
Wayne Creek........................  Approximately 1,750 feet           None         +259  Unincorporated Areas
                                      downstream of Forest                                  of Walker County.
                                      Service Road
                                      236A.
                                     Approximately 1.1 miles            None         +298
                                      upstream of the
                                      confluence with Ford
                                      Branch.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                      Unincorporated Areas of Walker County
Maps are available for inspection at 1100 University Avenue, Huntsville, TX 77320.
----------------------------------------------------------------------------------------------------------------
                               Dickenson County, Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Frying Pan Creek...................  At the confluence with             None        +1293  Unincorporated Areas
                                      Russell Fork.                                         of Dickenson County.
                                     Approximately 1,400 feet           None        +1316
                                      downstream from the
                                      intersection of Sandlick
                                      Road and Frying Pan Road.
Greenbriar Creek...................  At the confluence with             None        +1418  Unincorporated Areas
                                      Russell Prater Creek.                                 of Dickenson County.
                                     Approximately 1,400 feet           None        +1426
                                      downstream from the
                                      intersection of
                                      Winchester Drive and
                                      Greenbrier Road.
Lick Creek.........................  At the confluence with             None        +1289  Unincorporated Areas
                                      Russell Fork.                                         of Dickenson County.
                                     Approximately 1,000 feet           None        +1559
                                      upstream from the
                                      intersection of Aily Road
                                      and Ransom Road.
McClure Creek......................  Approximately 1,800 feet           None        +1520  Unincorporated Areas
                                      upstream of the                                       of Dickenson County.
                                      confluence with Open Fork
                                      and McClure River.
                                     Approximately 1,100 feet           None        +1598
                                      downstream from the
                                      intersection of Wakenva
                                      Hollow Road and Dante
                                      Mountain Road.
McClure River......................  At the confluence with            +1264        +1273  Unincorporated Areas
                                      Russell Fork.                                         of Dickenson County,
                                                                                Town of Clinchco,
                                                                                Town of Haysi.
                                     Approximately 300 feet            +1514        +1518
                                      downstream from the
                                      intersection of Doctor
                                      Ralph Stanley Highway and
                                      Dante Mountain Road.
Mill Creek.........................  At the confluence with             None        +1403  Unincorporated Areas
                                      McClure River.                                        of Dickenson County,
                                                                                Town of Clinchco.
                                     Approximately 400 feet             None        +1622
                                      upstream of Chevy Drive.
Open Fork..........................  At the confluence with             None        +1518  Unincorporated Areas
                                      McClure River.                                        of Dickenson County.
                                     Approximately 1,000 ft             None        +1581
                                      upstream from the
                                      intersection of Neece
                                      Creek Road and Brushy
                                      Ridge Road.
Russell Fork.......................  Approximately 1,300 feet           None        +1190  Unincorporated Areas
                                      downstream of Bartlick                                of Dickenson County,
                                      Road.                                                 Town of Haysi.
                                     Approximately 160 feet             None        +1437
                                      downstream of Sandlick
                                      Road.
Russell Prater Creek...............  At the confluence with            +1265        +1275  Unincorporated Areas
                                      Russell Fork.                                         of Dickenson County,
                                                                                Town of Haysi.
                                     At the confluence with             None        +1418
                                      Greenbriar Creek.

Spring Fork........................  Just downstream of the             None        +1557  Unincorporated Areas
                                      Railroad Crossing.                                    of Dickenson County.
                                     Approximately 850 feet             None        +1577
                                      upstream from
                                      intersection of Rebel
                                      Drive and Doctor Ralph
                                      Stanley Highway.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

Town of Clinchco
Maps are available for inspection at 156 Main Street, Clinchco, VA 24226.

Town of Haysi
Maps are available for inspection at 322 Haysi Main Street, Haysi, VA 24256.

                                    Unincorporated Areas of Dickenson County
Maps are available for inspection at 293 Clintwood Main Street, Clintwood, VA 24228.
----------------------------------------------------------------------------------------------------------------
                              Fayette County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Smithers Creek.....................  Approximately 700 feet             None         +640  Unincorporated Areas
                                      downstream of Carbondale                              of Fayette County.
                                      Road.
                                     Approximately 550 feet             None         +651
                                      upstream of Carbondale
                                      Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

                                     Unincorporated Areas of Fayette County
Maps are available for inspection at the Fayette County Building, Safety Department, 100 Court Street,
 Fayetteville, WV 25840.
----------------------------------------------------------------------------------------------------------------
                                Oconto County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Anderson Lake......................  Entire shoreline..........         None         +860  Unincorporated Areas
                                                                                of Oconto County.
Bass Lake/Crooked Lake/Gilkey Lake.  Entire shoreline..........         None         +951  Unincorporated Areas
                                                                                of Oconto County.
Brookside Creek....................  Approximately 0.41 miles           +615         +616  Unincorporated Areas
                                      upstream of US Highway 41.                            of Oconto County.
                                     Approximately 655 feet             None         +681
                                      upstream of Cross Road.
Christie Brook.....................  Approximately 1.3 miles            None         +740  City of Gillett,
                                      downstream of Quarterline                             Unincorporated Areas
                                      Road.                                                 of Oconto County.
                                     Approximately 0.3 miles            None         +819
                                      upstream of Klaus Lake
                                      Road.
City of Oconto Tributary No. 4.....  Approximately 344 feet             None         +591  City of Oconto,
                                      downstream of County                                  Unincorporated Areas
                                      Highway S.                                            of Oconto County.
                                     Just upstream of Cook Road         +594         +595
Hayes Creek........................  Just upstream of Hayes             +830         +832  Unincorporated Areas
                                      Road.                                                 of Oconto County.
                                     Just downstream of County          +843         +844
                                      Highway R.
Jones Creek........................  Just upstream of US                None         +697  Village of Lena,
                                      Highway 141.                                          Unincorporated Areas
                                                                                of Oconto County.

                                     Approximately 0.8 miles            None         +708
                                      upstream of Harley Street.
Kirchner Creek.....................  Approximately 225 feet             None         +599  Unincorporated Areas
                                      downstream of Sampson                                 of Oconto County.
                                      Road.
                                     Approximately 1.1 miles            None         +633
                                      downstream of East
                                      Frontage Road.
Little Suamico River...............  Approximately 500 feet             None         +644  Unincorporated Areas
                                      upstream of Cross Road.                               of Oconto County,
                                                                                Village of Pulaski.
                                     Approximately 0.2 miles            +793         +793
                                      upstream of 4th Avenue N.
McCaslin Brook.....................  Approximately 410 feet             None        +1174  Unincorporated Areas
                                      upstream of Old 32 Road.                              of Oconto County.
                                     Immediately downstream of          None        +1314
                                      Townsend Dam Road.
North Branch Oconto River..........  Approximately 0.8 miles           +1159        +1161  Unincorporated Areas
                                      upstream of Riverside                                 of Oconto County.
                                      Road.
                                     Approximately 1.5 miles           +1183        +1185
                                      upstream of Riverside
                                      Road.
Oconto River Tributary No. 2.......  Just upstream of Mill              +591         +590  City of Oconto.
                                      Street.
                                     Approximately 95 feet              +595         +598
                                      downstream of Charles
                                      Street.
Oconto River Tributary No. 22......  Approximately 150 feet             +642         +641  City of Oconto Falls,
                                      downstream of South Maple                             Unincorporated Areas
                                      Street.                                               of Oconto County.
                                     Approximately 0.6 miles            None         +742
                                      upstream of South Flatley
                                      Avenue.
Pensaukee River....................  Approximately 0.3 miles            +621         +620  Unincorporated Areas
                                      upstream of County                                    of Oconto County.
                                      Highway J.
                                     Approximately 428 feet             +759         +760
                                      downstream of Safian Road.
Round Lake.........................  Entire shoreline..........         None         +827  Unincorporated Areas
                                                                                of Oconto County.
Spring Creek.......................  Just downstream of US              +652         +653  Unincorporated Areas
                                      Highway 141.                                          of Oconto County.
                                     Approximately 0.7 miles            None         +717
                                      upstream of County
                                      Highway E.
Spring Creek Tributary No. 6.......  At the confluence with             +703         +706  Unincorporated Areas
                                      Spring Creek.                                         of Oconto County.
                                     Approximately 450 feet             +713         +717
                                      upstream of Burdosh Road.
Tibbet Creek.......................  Approximately 600 feet             None         +585  Unincorporated Areas
                                      downstream of Rost Road.                              of Oconto County.
                                     Approximately 1.7 miles            None         +627
                                      upstream of Lade Beach
                                      Road.
Town Creek.........................  Approximately 0.6 miles            None         +920  Unincorporated Areas
                                      downstream of Palmer Lane.                            of Oconto County.
                                     Just downstream of State           None         +980
                                      Highway 32/64.
Waupee Creek.......................  Just upstream of State             None         +859  Unincorporated Areas
                                      Highway 32/64.                                        of Oconto County.
                                     Immediately downstream of          +936         +937
                                      Waupee Dam.
Wescott Lake.......................  Entire shoreline..........         None         +845  Unincorporated Areas
                                                                                of Oconto County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

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

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

                                                    ADDRESSES

City of Gillett
Maps are available for inspection at 150 North McKenzie Avenue, Gillett, WI 54124.

City of Oconto
Maps are available for inspection at 1210 Main Street, Oconto, WI 54153.

City of Oconto Falls
Maps are available for inspection at 500 North Chestnut Avenue, Oconto Falls, WI 54154.

                                      Unincorporated Areas of Oconto County
Maps are available for inspection at 301 Washington Street, Oconto, WI 54153.

Village of Lena
Maps are available for inspection at 117 East Main Street, Lena, WI 54139.

Village of Pulaski
Maps are available for inspection at 421 South Saint Augustine Street, Pulaski, WI 54162-0320.
----------------------------------------------------------------------------------------------------------------

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

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-21469 Filed 9-4-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Pages 66009-66010]
[FR Doc No: 2016-23161]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                 Docket No.                    File  date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP15-554-000.........................     9-6-2016  Eleanor Labiosa.
        CP15-555-000
        CP15-554-001
    2. CP15-554-000.........................     9-6-2016  Eleanor Labiosa.
    3. CP15-558-000.........................    9-12-2016  John L. Walck.
Exempt:
    1. CP15-558-000.........................     9-6-2016  FERC Staff. \1\
    2. ER16-307-000.........................     9-8-2016  U.S. Congress. \2\
    3. CP16-10-000..........................     9-8-2016  U.S. Congress. \3\
    4. CP16-357-000.........................     9-8-2016  U.S. Department of the Interior.
    5. CP15-554-000.........................    9-15-2016  FERC Staff. \4\
        CP15-555-000
----------------------------------------------------------------------------------------------------------------

    Dated: September 20, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-23161 Filed 9-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Rules and Regulations]
[Pages 13495-13496]
[FR Doc No: 2012-5385]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0875; FRL-9626-6]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on November 22, 2011 and concern particulate matter (PM)
emissions from paved and unpaved roads and livestock operations and
aggregate and related operations. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on April 6, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0875 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps, multi-volume
reports), and some may not be available in either location (e.g.,
confidential business information (CBI)). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On November 22, 2011 (76 FR 72142), EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.............................            1157  PM10 Emission Reduction            09/06/06        05/17/10
                                                      from Aggregate and Related
                                                      Operations.
SCAQMD.............................            1186  PM10 Emissions from Paved          07/11/08        12/23/08
                                                      and Unpaved Roads and
                                                      Livestock Operations.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.

IV. Statutory and Executive Order Reviews

    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 as meeting Federal
requirements and 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 disproportionate human health or environmental effects with
practical, appropriate, 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 May 7, 2012. 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: January 13, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52 [AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(364)(i)(B)(2) and
(379)(i)(A)(5) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (364) * * *
    (i) * * *
    (B) * * *
    (2) Rule 1186, ``PM10 Emissions from Paved and Unpaved
Roads and Livestock Operations,'' amended on July 11, 2008.
* * * * *
    (379) * * *
    (i) * * *
    (A) * * *
    (5) Rule 1157, ``PM10 Emission Reductions from Aggregate
and Related Operations,'' adopted on September 6, 2006.
* * * * *
[FR Doc. 2012-5385 Filed 3-6-12; 8:45 am]
BILLING CODE 6560-50-P