[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Proposed Rules]
[Page 57848-57850]
[DOCID:fr04oc05-35]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7901]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the
proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed
BFE modifications for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
the 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 comment period is ninety (90) days following the second
publication of this proposed rule in a newspaper of local circulation
in each community.

ADDRESSES: The proposed 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: Doug Bellomo, P.E., Hazard
Identification Section, Emergency Preparedness and Response
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
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 Mitigation Division Director of the Emergency
Preparedness and Response Directorate has resolved any appeals
resulting from this notification.
    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.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR Part 10,
Environmental Consideration. No environmental impact assessment has
been prepared.
    Regulatory Flexibility Act. The Mitigation Division Director of the
Emergency Preparedness and Response Directorate certifies that this
rule is exempt from the requirements of the Regulatory Flexibility Act
because modified base flood elevations are required by the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to
maintain community eligibility in the NFIP. No regulatory flexibility
analysis has been prepared.
    Regulatory Classification. This proposed 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 12612, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 12612,
Federalism, dated October 26, 1987.
    Executive Order 12778, Civil Justice Reform. This proposed rule
meets the applicable standards of Section 2(b)(2) of Executive Order
12778.

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:

------------------------------------------------------------------------
                               [sdiam]Elevation in
   Source of flooding and          feet (NAVD)
   location of referenced    ---------------------- Communities affected
          elevation            Existing   Modified
------------------------------------------------------------------------
Bayou Two Prairie:
    Approximately 1,330 feet       None  [sdiam]21  City of Carlisle.
     downstream of State                         5
     Highway 13.
    Approximately 2,750 feet       None  [sdiam]21  ....................
     downstream of U.S.                          7
     Highway 70.
Candlewood Drain:
    Approximately 880 feet         None  [sdiam]27  City of Cabot,
     downstream of Kerr                          1   Lonoke County,
     Station Road.                                   (Unincorporated
                                                     Areas).
    Approximately 4,120 feet       None  [sdiam]29  ....................
     upstream of Kerr                            5
     Station Road.
Fourmile Creek:
    Approximately 50 feet          None  [sdiam]24  City of Austin.
     downstream of State                         3
     Highway 321.
    Approximately 3,250 feet       None  [sdiam]24  ....................
     upstream of State                           6
     Highway 321.
Fourmile Creek:
    Approximately 1,250 feet       None  [sdiam]25  City of Cabot.
     downstream of U.S.                          1
     Highway 67/167.

    Approximately 50 feet          None  [sdiam]25  ....................
     downstream of U.S.                          2
     Highway 67/167.
Hudson Branch:
    Approximately 1,000 feet  [sdiam]25  [sdiam]25  City of Cabot.
     upstream of the                  6          7
     confluence with Hudson
     Branch Creek.
    Approximately 800 feet         None  [sdiam]27  ....................
     upstream of North Polk                      0
     Street.
Hudson Branch Creek:
    Approximately 950 feet         None  [sdiam]24  City of Austin,
     upstream of Union                           1   Lonoke County,
     Pacific Railroad.                               (Unincorporated
                                                     Areas).
    Approximately 3,050 feet       None  [sdiam]24  ....................
     upstream of State                           8
     Highway 321/East Main
     Street.
Magness Creek:
    At the confluence with    [sdiam]23  [sdiam]23  City of Cabot,
     Fourmile Creek.                  3          4   Lonoke County,
                                                     (Unincorporated
                                                     Areas).
    Approximately 1,950 feet  [sdiam]28  [sdiam]28  ....................
     upstream of Bailey Road.         1          2
White Oak Branch:
    Approximately 320 feet         None  [sdiam]26  City of Cabot Lonoke
     downstream of State                         2   County
     Highway 321/Bill Foster                         (Unincorporated
     Memorial Highway.                               Areas).
    Approximately 4,860 feet  [sdiam]28  [sdiam]28
     upstream of Grayhawk             4          7
     Road.
-----------------------------
ADDRESSES:

City of Austin, Lonoke County, Arkansas:
Maps are available for inspection at 202 Hendricks, Austin, Arkansas.
Send comments to The Honorable Barnie Chamberlain, Mayor, City of
 Austin, 202 Hendricks, Austin, Arkansas 72207.

City of Cabot, Lonoke County, Arkansas:
Maps are available for inspection at 101 North 2nd Street, Cabot,
 Arkansas.
Send comments to The Honorable Mickey Spunbaugh, Mayor, City of Cabot,
 101 North 2nd Street, Cabot, Arkansas 72023.
City of Carlisle, Lonoke County, Arkansas:
Maps are available for inspection at 122 West Main Street, Carlisle,
 Arkansas.
Send comments to The Honorable Bob McCallie, Mayor, City of Carlisle,
 122 West Main Street, Carlisle, Arkansas 72024.

Unincorporated Areas of Lonoke County, Arkansas:
Maps are available for inspection at Lonoke County Courthouse, 200 North
 Center Street, Lonoke, Arkansas.
Send comments to The Honorable Charlie Troutman, County Judge, Lonoke
 County, Lonoke County Courthouse, 200 North Center Street, Lonoke,
 Arkansas 72086.
------------------------------------------------------------------------
Grand Bayou:
    Approximately 50 feet          None  [sdiam]22  Bienville Parish
     upstream of the                             3   (Unincorporated
     confluence with Carter                          Areas).
     Branch.
    Approximately 80 feet          None  [sdiam]25  ....................
     upstream of State                           3
     Highway 4.
Lake Bistineau:
    Entire shoreline with          None  [sdiam]14  Bienville Parish
     Bienville Parish.                           8   (Unincorporated
                                                     Areas).
Mill Creek:
    Approximately 2,890 feet       None  [sdiam]15  Town of Ringgold,
     upstream of the                             4   Bienville Parish,
     confluence with Madden                          (Unin corporated
     Branch.                                         Areas).
    Approximately 2.7 miles        None  [sdiam]24  ....................
     upstream of Pleasant                        9
     Road.
Saline Bayou:
    Approximately 3.9 miles        None  [sdiam]27  Bienville Parish
     upstream of the                             8   (Unincorporated
     confluence with Murry                           Areas).
     Branch.
    Approximately 100 feet         None  [sdiam]34  ....................
     upstream of State                           3
     Highway 151.
Saline Bayou Tributary 1:
    At the confluence with         None  [sdiam]28  Bienville Parish
     Saline Bayou.                               1   (Unincorporated
                                                     Areas).
    Approximately 60 feet          None  [sdiam]32  ....................
     upstream of Hazel                           3
     Street/State Highway 9.
Saline Bayou Tributary 2:
    At the confluence with         None  [sdiam]28  Town of Arcadia,
     Saline Bayou.                               5   Bienville Parish,
                                                     (Unincorporated
                                                     Areas).
    Approximately 90 feet          None  [sdiam]37  ....................
     upstream of Richardson                      8
     Street.
Saline Bayou Tributary 3:
    At the confluence with         None  [sdiam]29  Town of Arcadia,
     Saline Bayou.                               5   Bienville Parish,
                                                     (Unincorporated
                                                     Areas).
    Approximately 190 feet         None  [sdiam]32  ....................
     upstream of State                           8
     Highway 151.
South Mill Creek:
    At the confluence with         None  [sdiam]19  Bienville Parish
     Mill Creek.                                 9   (Unincorporated
                                                     Areas).
    Approximately 1.3 miles        None  [sdiam]25
     upstream of Ceasar Road.                    0
-----------------------------
ADDRESSES:

Town of Arcadia, Bienville Parish, Louisiana:

Maps are available for inspection at 1819 South Railroad Avenue,
 Arcadia, Louisiana.
Send comments to The Honorable Eugene Smith, Mayor, Town of Arcadia,
 Post Office Box 767, Arcadia, Louisiana 71001.

Unincorporated Areas of Bienville Parish, Louisiana:

Maps are available for inspection at 100 Courthouse Drive, Arcadia,
 Louisiana.

Send comments to Rodney Warrn, Floodplain Administrator, Bienville
 Parish, Post Office Box 479, Arcadia, Louisiana 71001.

Town of Ringgold, Bienville Parish, Louisiana:
Maps are available for inspection at 2135 Hall Street, Ringgold,
 Louisiana.
Send comments to The Honorable Ben Plunkett, Mayor, Town of Ringgold,
 Post Office Box 565, Ringgold, Louisiana 71068.
------------------------------------------------------------------------
[sdiam]North American Vertical Datum of 1988.

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

    Dated: September 26, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-19819 Filed 10-3-05; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Page 26490]
[FR Doc No: 2018-12288]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0453]

Certificate of Alternative Compliance for the M/V SAMANTHA S

AGENCY: Coast Guard, DHS.

ACTION: Notification of issuance of a certificate of alternative
compliance.

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SUMMARY: The Coast Guard announces that the Chief, Prevention Division,
Thirteenth District has issued a certificate of alternative compliance
from the International Regulations for Preventing Collisions at Sea,
1972 (72 COLREGS), for the M/V SAMANTHA S (O.N. 1283014). We are
issuing this notice because its publication is required by statute. Due
to the construction and placement of the towing gear, deck equipment
and required lights, the M/V SAMANTHA S cannot fully comply with the
light, shape, or sound signal provisions of the 72 COLREGS without
interfering with the vessel's design and construction. This
notification of issuance of a certificate of alternative compliance
promotes the Coast Guard's marine safety mission.

DATES: The Certificate of Alternative Compliance was issued on May 31,
2018.

FOR FURTHER INFORMATION CONTACT: For information or questions about
this notice call or email LT B. Luke Woods, Thirteenth District, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email
[email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The United States is signatory to the
International Maritime Organization's International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The
special construction or purpose of some vessels makes them unable to
comply with the light, shape, or sound signal provisions of the 72
COLREGS. Under statutory law \1\ and Coast Guard regulation,\2\ the
vessel's owner, builder, operator, or agent of those vessels may apply
for a certificate of alternative compliance (COAC).\3\ For vessels of
special construction, the cognizant Coast Guard District Office
determines whether the vessel for which the COAC is sought complies as
closely as possible with the 72 COLREGS, and decides whether to issue
the COAC which must specify the required alternative installation. If
the Coast Guard issues a COAC, under the governing statute \4\ and
regulations,\5\ the Coast Guard must publish notice of this action.
Once issued, a COAC remains valid until information supplied in the
COAC application or the COAC terms become inapplicable to the vessel.
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    \1\ 33 U.S.C. 1605(c).
    \2\ 33 CFR 81.3.
    \3\ 33 CFR 81.5.
    \4\ 33 U.S.C. 1605(c).
    \5\ 33 CFR 81.18.
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    The Chief, Prevention Division, of the Thirteenth Coast Guard
District, U.S. Coast Guard, certifies that the M/V SAMANTHA S (O.N.
1283014) is a vessel of special construction or purpose, and that, with
respect to the position of the sternlight, towing light and sidelights,
it is not possible to comply fully with the requirements of the
provisions enumerated in the 72 COLREGS, without interfering with the
normal operation, construction, or design of the vessel. The Chief,
Prevention Division, of the Thirteenth Coast Guard District, U.S. Coast
Guard further finds and certifies that the sternlight, towing light and
sidelights, are in the closest possible compliance with the applicable
provisions of the 72 COLREGS.\6\
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    \6\ 33 U.S.C. 1605(a); 33 CFR 81.9.
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    This notice is issued under authority of 33 U.S.C. 1605(c) and 33
CFR 81.18.

    Dated: May 31, 2018.
D.L. Brown,
Commander, U.S. Coast Guard, Acting Chief, Prevention Division,
Thirteenth Coast Guard District.
[FR Doc. 2018-12288 Filed 6-6-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51637]
[DOCID:fr04se08-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1407-000]

San Diego Gas & Electric Company; Notice of Filing

August 27, 2008.
    Take notice that on August 14, 2008, San Diego Gas & Electric
Company filed its Transmission Owner Formula 3 Cycle 2 and Transmission
Owner Formula 2 Final True-Up filing pursuant to section 205 of the
Federal Power Act and the Settlement the Commission Approved on May 18,
2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 4, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-20505 Filed 9-3-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Pages 51030-51031]
[FR Doc No: 2012-20784]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0246]

Kelly Dean Shrum: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the FD&C Act)
permanently debarring Kelly Dean Shrum, from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on a finding that Dr. Shrum was
convicted of a felony under Federal law for conduct relating to the
regulation of a drug product under the FD&C Act. Dr. Shrum was given
notice of the proposed permanent debarment and an opportunity to
request a hearing within the timeframe prescribed by regulation. Dr.
Shrum failed to respond. Dr. Shrum's failure to respond constitutes a
waiver of his right to a hearing concerning this action.

DATES: This order is effective August 23, 2012.

ADDRESSES: Submit applications for special termination of debarment to
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Compliance
Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs,
Food and Drug Administration, 12420 Parklawn Dr., Rockville, MD 20857,
301-796-4640.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the FD&C Act (21 U.S.C. 335a(a)(2)(B))
requires debarment of an individual if FDA finds that the individual
has been convicted of a felony under Federal law for conduct relating
to the regulation of any drug product under the FD&C Act.
    On September 30, 2011, the U.S. District Court for the Eastern
District of Arkansas entered judgment against Dr. Shrum for
misbranding, a class A misdemeanor in violation of 21 U.S.C. sections
331(a), 333(a)(1), 352(c), and 352(f)(1), and health care fraud, a
class C felony in violation of 18 U.S.C. sections 1347 and 2.
    FDA's finding that debarment is appropriate is based on the felony
conviction referenced herein for conduct relating to the regulation of
a drug product. The factual basis for this conviction is as follows:
Dr. Shrum was a licensed physician practicing in the state of Arkansas.
Dr. Shrum offered gynecological and obstetric services to women,
including providing forms of birth control. Dr. Shrum favored the
intrauterine device (IUD) known as MIRENA, which was made for BHCP,
Inc., by Bayer Schering Pharma OY (Bayer). The only version of MIRENA
approved by FDA for marketing in the United States was approved on
December 6, 2000, in New Drug Application 21-225.
    From in or about June of 2009, in the Eastern District of Arkansas
and elsewhere, Dr. Shrum purchased a foreign version of MIRENA for use
in his patients that was not FDA-approved. The labeling of the
unapproved IUD was not in English, and did not include adequate
directions for use. Arkansas Center for Women, Ltd. was registered with
the Arkansas Medicaid Program. Dr. Shrum was listed as the only
physician affiliated with that clinic, and he signed the Medicaid
provider contract on behalf of the Arkansas Center for Women. Dr. Shrum
submitted claims to the Arkansas Medicaid Program under the clinic's
provider number for the FDA-approved MIRENA IUD, which was specific to
Bayer's FDA-approved product.
    From on or about January 15, 2008 through on or about June 12,
2009, Dr. Shrum caused to be submitted claims for reimbursement to the
Arkansas Medicaid Program, which included false representations.
Specifically, he billed the Arkansas Medicaid Program as if he were
administering the FDA-approved version of MIRENA, when he was actually
administering a non-FDA approved IUD.
    As a result of his convictions, on May 9, 2012, FDA sent Dr. Shrum
a notice by certified mail proposing to permanently debar him from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on a finding,
under section 306(a)(2)(B) of the FD&C Act, that Dr. Shrum was
convicted of a felony under Federal law for conduct relating to the
regulation of a drug product under the FD&C Act.

    The proposal also offered Dr. Shrum an opportunity to request a
hearing, providing him 30 days from the date of receipt of the letter
in which to file the request, and advised him that failure to request a
hearing constituted a waiver of the opportunity for a hearing and of
any contentions concerning this action. The proposal was received on
May 11, 2012. Dr. Shrum failed to respond and has, therefore, waived
his opportunity for a hearing and has waived any contentions concerning
his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(a)(2)(B) of the FD&C Act, under
authority delegated to him (Staff Manual Guide 1410.35), finds that
Kelly Dean Shrum has been convicted of a felony under Federal law for
conduct relating to the regulation of a drug product under the FD&C
Act.
    As a result of the foregoing finding, Dr. Shrum is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application under sections 505, 512,
or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section
351 of the Public Health Service Act (42 U.S.C. 262), effective (see
DATES) (see section 306(c)(1)(B) and (c)(2)(A)(ii) of the FD&C Act and
section 201(dd) of the FD&C Act (21 U.S.C. 321(dd))). Any person with
an approved or pending drug product application who knowingly employs
or retains as a consultant or contractor, or otherwise uses the
services of Dr. Shrum in any capacity during Dr. Shrum's debarment,
will be subject to civil money penalties (section 307(a)(6) of the Act
(21 U.S.C. 335b(a)(6))). If Dr. Shrum provides services in any capacity
to a person with an approved or pending drug product application during
his period of debarment he will be subject to civil money penalties
(section 307(a)(7) of the FD&C Act. In addition, FDA will not accept or
review any abbreviated new drug applications from Dr. Shrum during his
period of debarment (section 306(c)(1)(B) of the FD&C Act.
    Any application by Dr. Shrum for special termination of debarment
under section 306(d)(4) of the FD&C Act should be identified with
Docket No. FDA-2012-N-0246 and sent to the Division of Dockets
Management (see ADDRESSES). All such submissions are to be filed in
four copies. The public availability of information in these
submissions is governed by 21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: August 8, 2012.
Armando Zamora,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2012-20784 Filed 8-22-12; 8:45 am]
BILLING CODE 4160-01-P